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Status of Minority Rights and Politics in Iraq
Hunain Al-Qaddo.
Minorities in Iraq
include various ethnic and religious groups. The kurds,Assyrians
also known as (khaldo-Syriac-Assyrian) and Iraqi Trukmen represent
the three largest non Arab minorities in the country. Other smaller
ethnic groups include Armenian,Shabak,Yezidis and Mandaeans. There
are also small Palastenian and Chechen communities. Some groups are
both religious and ethnic minorities, these are Mandaeans ,Yezidis
and Armenian. The above groups have not enjoyed equal status with
the majority Arab populations throughout Iraqis eighty five years
history. In a similar way to the Shia Muslims, the ruling Baath
party harshly oppressed the Iraqi minorities during its rule of Iraq
for 34 years. Iraq is regarded one of the most multi-ethnic and
multi-religious countries in the Middle East, yet some of the above
minority groups were denied their identities under Bathiest regime
.Christian, Shabak, Yezidis and Mandaeans were subject to the
process of Arabization. The situation of Kurds, however, has changed
since the toppling of Saddam s regime. Given the long experience
of serious human rights violations in Iraq,the new Iraqi
constitution ,which was approved by Iraqi National Assembly and
subsequently by referendum in October 2005 placed particular
emphasis on the advancement of human rights and the participation
and protection of the different communities in Iraq .Articles 2
secondly,3 ,4, 14,16 and 125 of the Iraqi constitution provided
guarantees of religious rights and freedom of religious believes and
admitted that Iraq is a country of multiple nationalities and sects.
On the other hand article 125 states that "this constitution shall
guarantee the administrative, political, cultural, and educational
rights of the various nationalities, such as Turkmen,Chaldeans,
Assyrians, and all other constituents, and this shall be regulated
by law". Despite of the Iraqi constitution which recognizes the
identity of most of the Iraqi religious and ethnic groups,
minorities have become victims of extremism and fanatic agendas
,victims of conflict over their lands , criminal groups and
Kurdifying process. Minorities used to make up as much as 14 percent
of the Iraqi population before the collapse of Baathist regime. Nine
years later a high percentage of minorities fled the country due to
the lack of security, the absence of legal protection, weak
representation and participation in policy and decision making at
regional and federal levels of government. Therefore, since 2003 a
dramatic exodus of Iraq s minorities has taken place. The
security situation has greatly improved during the past years and
mass casualty attacks nearly diminished but there are indications
that violence has shifted to actions more focused on political ends
and special targets. Members of Iraqi religious and ethnic
minorities have still been targeted by a campaign of violence,
including truck bomb attacks on minority villages in the Nineveh
Plains, hostage taking, kidnapping, killings and attacks on
minority-owned business. In December 2011 this violence spread to
the autonomous Kurdistan Region, normally peaceful area to which
many minorities fled in the hope of finding better security. In
2012, Iraq seems to be at a crossroads, particularly with security
in comparison with previous years. The downward trend in levels of
violence, since a high point was reached after the bombing of the
Al-Askari shrine in Samarra in 2006, appears to be bottoming out. In
the disputed areas which are mainly controlled by Kurdish security
forces, which are homes to many Iraqi minorities,has experienced
many attacks . In August of 2012 a truck bomb attacked a mosque in
Muwafaqia village killing 3 and wounding around 70 Shabak
worshipers,some of them were seriously injured. In the same time 8
young Trukmen people, in Amerly village in Kirkook province, were
assassinated by a terrorist group.The withdrawal of the American
forces at the end of 2011 caused anxiety among the minority
communities in Nineveh Plain. U.S. forces played an important role
in defusing tensions there. Violence and confrontation between
ethnic and religious groups have been on the increase in Kirkuk and
in Nineveh Plain. Article 140 intended to reverse or provide redress
for demographic manipulation dating back to the Saddam period has
not been implemented yet. Christian religious and political leaders
have started complaining about demographic changes in Nineveh Plain;
accusing Shabak community attempting to control Bertallah
sub-district, which is home for both Christian and Shabak. The
forces of the federal government have not been allowed by Kurdistan
Region to be deployed in the disputed areas to ease the tension and
provide security and protection to minority communities.
Minorities continue to be targeted specifically, even if the reasons
for this targeting, and the identity of the perpetrators, are not
always clear. According to new research carried out by MRG and its
Iraqi partner organization (IMC) most of the respondents believe
that the sectarian and political reasons are the main factors behind
their killings. While most of the attacks in the northern disputed
areas have not been claimed, inevitably, suspicion is drawn to armed
insurgent groups, motivated by a radical view of Islam. Such groups
have claimed responsibility for similar attacks. Insurgent groups
may target minorities for number of reasons: to create an atmosphere
of fear and chaos ,take revenge on minorities for sectarian reason
and halting government plans to establish order and rule of law to
be exploited by militias to advance the interest of some political
parties. In a briefing report issued in June 2012 by Minority
Rights Groups International under the title "Improving security for
minorities in Iraq";the report indicates that there is credible
evidence that KRG security forces use intimidation and commit human
rights violations in order to pressure minorities political
representatives to ally with KRG parties in a bid to establish
control over the disputed areas of the North. In attempt to control
the disputed areas the KDP has established pro-KDP organization
among Shabak community and Christian community alike; such as Macho
center and Shabak Consultant Body to promote the idea that Shabak is
a tribe out of mainstream of Kurdish nationality. The Kurdish mass
media started a campaign of Kurdifying process by reinventing a new
name for Shabak calling them Shabak Kurd. Accordingly Shabak was
denied of being refered to or recognized in the Iraqi constitution.
Yazedi community also has come under a great pressure from KRG
government by imposing on them a Kurdish identity; despite that
Mr.Amen Farhan(Yazedi Member of the Iraqi Parliament ) regards
Yazidies as a religious and ethnic group. In September 2008,the
Iraqi Parliament passed the long awaited Provincial Election Law.
The law guaranteed a number of seats for minorities in provincial
councils, initially the Kurdistan Alliance rejected the reserve
seats which was allocated particularly for Shabak and Yazidi
community in Nineveh Provincial Council. With a pressure exercised
by Special Representative of U.N for Iraq and with support of United
Iraqi Alliance and some members of Iraqi Block reserve seats were
eventually allocated for the above communities as well as for
Mandeans and Christian. Eight seats were reserved in the electoral
law for minorities for parliamentary election, which took place on
7th of March, 2010; 5 seats for Christian and 1 seat for each of
Shabak ,Yazedi and Mandaeas. In the run up to the national elections
which took place on 7 March 2010, ethnic and religious minorities,
particularly Christians and Shabak, were targeted. Community leaders
reported to UNAMI claiming that attacks were intended to discourage
minorities from voting. As a result, Christians gained 3 out of the
5 seats, while Shabak lost their seat to KDP. In conclusion, the
question of guaranteed seats for minorities is controversial and it
has been exploited by big political parties for advancing their
agenda particularly in disputed areas. The implementation of the
right to effective political participation of minorities in Iraq is
fundamental human rights, but still minorities have been
marginalized in real participation of political life at both
regional and federal level of the government. Arab-Kurdish tension
and disputes over implementation of 140 articles have deeply
affected the effective political participation of minorities. Iraqi
government should take effective measures to end discrimination. It
should consider for instance, instituting independent monitoring and
complaints mechanisms designed to prevent discrimination in voting,
vote fraud, intimidation and similar acts that inhibit the effective
participation of minority communities in elections. Insurgency,
militia and extremism and conflicts over disputed areas poses a
great threat for the security of religious and ethnic groups all
over Iraq. Finally, it is clear that in the long term, many of the
above issues will not be resolved unless the deeper underlying
political problems are resolved. Sunni-Shia and Arab –Kurd
reconciliation is vital for clearing up the standing issues such as
the implementation of article 140 to improve security not only for
minorities but also for all Iraqi communities.
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