UNAMI presents first analysis to GOI to help resolve on disputed internal boundaries

zowaa -Baghdad

                      Today the Special Representative of the United Nations Secretary General for Iraq Staffan de Mistura presented UNAMI’s first analysis to the Government of Iraq regarding possible processes to resolve disputed internal boundaries.  This effort is part of the UNAMI effort to implement its mandate under UN Security Council Resolution 1770 (2007). 

Following the general agreement reached last December, prior to the deadline contained in Article 140 of the Constitution, among the Presidency Council, with the concurrence of the Prime Minister of Iraq and the Prime Minister of the Kurdistan Regional Government, UNAMI has been working on technical assistance for resolving these issues.  Today, it presented separate analytical reports on four disputed districts to the same five senior officials together with a paper outlining UNAMI’s methodology.

“I want to stress that the Government of Iraq alone has the sovereign responsibility to decide on the process and methodology used to address disputed internal boundaries,” SRSG de Mistura stated.  “UNAMI’s aim in preparing and presenting this analysis is merely to contribute to the development of processes to resolve these complicated and sensitive issues.”

UNAMI’s analysis has pointed to a series of specific confidence building measures (CBMs) designed to assist with the handling of the administrative jurisdiction of the districts in dispute, provide security to all Iraqis living in the disputed territories, and create momentum towards a wider political agreement that includes each disputed district. We fully understand that this process must be deliberated properly.

SRSG de Mistura said, “Everyone recognizes that progress on the resolution of disputed internal boundaries (which we are aware are not limited to northern Iraq, with some in central and southern parts of the country) and clarification of administrative alignment must take place alongside wider political compromises that reassure the people of Iraq and solidify the unity of the Iraqi state.  In this connection, UNAMI also continues to provide advice to the Government and democratic institutions of Iraq on the preparations for the upcoming elections and the Constitutional review process.”

Four Initial Districts

In view of the complexity of the issues UNAMI has selected four districts on which to focus its initial analysis.  Through these sample districts UNAMI aimed to develop a methodology which could be applied to these and other disputed areas for the consideration of the Government of Iraq.  These districts were selected after a broad consultative process and analysis of the particular circumstances in each one.

Akre, Ninewa:  Akre has been administered by the Dohuk governorate since 1991 and lies above the “green line” that divided the de facto Kurdish region from the administration of the Government of Iraq.  As a result, Akre is typically considered to be one of the districts referred to as administered by the Kurdistan Regional Government (KRG) in Article 53 of the TAL, which was incorporated into the Iraqi Constitution under Article 143.  The district is home to a large Kurdish majority and officially transferring administration to the Dohuk governorate would not require substantial changes to the current arrangement.

UNAMI has recommended numerous CBMs including measures that work to guarantee the freedom of movement between Dohuk and Ninewa governorates, Arabic language rights, and fair hiring practices in Akre police units and government positions.

Hamdaniya, Ninewa:  Hamdaniya has been continuously administered by the governorate of Ninewa since 1932.  It falls outside those districts administered by the KRG as of 19 March 2003.  The district enjoys strong administrative and economic ties with Mosul, and historically consisted of large Christian towns interspersed with Shebek villages and Arab communities, particularly in the sub-district of Namroud.  The sharp rise in violence experienced in Hamdaniya after March 2007 is anecdotally cited as affecting the administrative preferences of vulnerable communities in Hamdaniya.  The difficult security situation in Iraq has also directly impacted the demographics of Hamdaniya.  In particular, it has led to members of the Christian and Shebek communities, increasingly displaced in other parts of Iraq, to settle in significant numbers in Hamdaniya.  Based on analysis received, the Government of Iraq may wish to continue administration of the Hamdaniya District by the Ninewa Governorate.

UNAMI has recommended several CBMs aimed at increasing local participation in the Iraq Security Forces (ISF) in Hamdaniya, particularly from the Arab and Christian communities, and the urgent deployment of the ISF in Hamdaniya in place of local security arrangements (which are currently largely composed of Peshmerga).  Additional CBMs focus on addressing hiring practices, the provision of basic services, and other measures.  Members of the Christian and Shebek communities have expressed a preference for some form of local government arrangements and UNAMI has worked to emphasize the basic constitutional protections of all Iraqis in these districts, including administrative, political, cultural and education rights.

Particular attention has been paid to ensuring the safety of vulnerable communities in Hamdaniya.  UNAMI has worked to identify security arrangements aimed at enhancing the safety of the Christian and Shebek communities and urges the Government of Iraq, with MNFI support, to continue to guarantee the safety of minority communities in Hamdaniya.  These include establishing extra checkpoints, recruiting local residents from the concerned communities into the ISF, increasing the number of police stations, and deploying ISF units from a neighbouring district.

Makhmour, Ninewa/Erbil:  Makhmour has been continuously a part of Erbil governorate since 1932, with numerous government decisions, orders and laws confirming this.  However, the district has been administered by the Ninewa governorate since 1991 when the “green line” was established dividing the Kurdish region from the administration of the Government of Iraq.  As a result, Makhmour is generally considered outside those districts administered by the KRG as of 19 March 2003.  However no legislation, decree or regulation officially ever transferred the administration of Makhmour district from Erbil to Ninewa governorate.  Makhmour’s uncertain status has contributed to a complex development path and the district remains among the least developed districts in Iraq.  On the other hand, the sub-district of Qaraj is largely populated by Arab communities who have expressed strong opposition to being formally administered by Erbil.  Based on analysis received, the Government of Iraq may wish to take steps to officially restore the administration of Makhmour district through the Erbil governorate, with the exception of Qaraj sub-district which may be better administered through another neighbouring district and governorate.

UNAMI has recommended numerous CBMs focused on ensuring that Arab communities and residents receive equitable budget resources, access to employment, and representation in government and security forces.  Additional measures include ensuring identification properly accounts for all residents of Makhmour, language guarantees, freedom of movement, and a focus on the injection of development projects. 

Mandali, Diyala:   Mandali, one of the first administrative districts of Iraq, was downgraded by Republican Decree to the status of sub-district in 1987 (within the district of Baladruz), but has continuously remained part of the Diyala governorate since 1932.  State policies of the 1970s to expel Fayli Kurds and other communities were followed by numerous decisions in the 1980s, relating to the Iran-Iraq war, to relocate the border population out of Mandali, triggering another major displacement and a sharp decline in the number of inhabitants.  Chronic under-development, decades of military activity and brutalization, systemic administrative neglect in service delivery, and an acute water shortage hindered a massive return of the original inhabitants. Administration of Mandali sub-district by the Diyala Governorate would be a continuation of the historical administrative arrangement.

UNAMI has proposed a series of CBMs which aim to secure recognition of Mandali’s tragic history (in particularly that of the Kurds and Turkomen) and to address its systemic neglect.  This would be done by invoking constitutional provisions for special attention to crisis areas and obtaining capital investment in all sectors. Local consultative processes to involve all communities in the reconstruction plans and development needs are strongly encouraged.  Additional CBMs focused on ensuring equitable budget resources, and provision of basic services, access to employment, and representation in security forces and government offices. They further included language guarantees, freedom of movement, and a focus on the injection of development projects, in particular irrigation.   

Lines of Inquiry

In developing its analysis UNAMI explored a number of lines of inquiry to better understand the particular circumstances in each district.  No single criteria has been given significantly greater importance over others.

Administrative history:  When considering future administrative changes it was important to consider past practices and changes under previous governments. An examination of the relevant Revolutionary Command Council Decisions and Republican Decrees was part of this process.

Changes since March 2003:  Iraq has undergone profound changes since March 2003 when administrative arrangements were overturned, almost overnight.  It is important to understand the nature of these changes, how they affect the different communities and the degree to which they are permanent or not.

Government service delivery:  In all districts, issues were raised concerning government service delivery and budget execution, which is a problem in many parts of Iraq.  In the disputed areas, funding and resource distribution is often taking place on an unpredictable basis along dual lines, from the Government of Iraq and via the KRG.  This has had the effect of creating confusion for some sub-national authorities who would otherwise prefer to operate fairly on behalf of all of their constituents.

Demographics and the December 2005 elections:  Efforts were made to closely study the characteristics of the population in each district.  One way this was done was through the use of central and local statistical databases in Iraq.  Additionally, an examination of the December 2005 parliamentary election results sought to distinguish local political preferences and degrees of political influence in the districts at that time.  The election results should not be construed as indicating a preference by the population for changing administrative jurisdictions and it is recognized that many complaints have been made regarding the conduct of those elections in these areas, including allegations of fraud, intimidation, and irregularities.  Also considered under this category was the situation of Internally Displaced Persons (IDPs).

Socio-economic conditions:  The socio-economic situation in the disputed areas helped to reveal the particular history of administrative control. 

Claims and compensation:  The status and levels of property claims and compensation in each district were inspected as another indicator of previous manipulation.

Security conditions:  The security situation in each area was examined to understand the trends of the last two years and its impact on local administration.  A related and more sensitive question concerned the issue of who is providing security protection on behalf of whom.

UNAMI consultations:  An essential part of the research involved UNAMI field visits to the areas in question for meetings with district and sub-district councils, as well as tribal and community leaders.  The security environment limited deeper survey of some areas.  Nonetheless, it was felt that the visits enabled UNAMI to capture a broadly representative view of the concerns of each district.  This process was augmented by meetings with political parties and parliamentarians in Baghdad including Iraqi citizens who came forward of their own volition.

Confidence-building measures:  A final but vital part of the analysis was the identification of confidence building measures tailored to the unique circumstances of each area. Across all districts these involved a combination of reconstruction and development interventions and measures to assist the protection of minorities.

Phase Two: UNAMI research continues

UNAMI continues analysis in a similar manner for another set of disputed districts in northern Iraq.  These include Tal Afar, Tilkaif, Shekhan, and Sinjar districts in the Ninewa governorate and the Khanaqin district in Diyala.  UNAMI aims to complete these analyses in the coming weeks.  A third phase will focus on the governorate of Kirkuk and some districts adjoining it that are currently administered from other neighbouring governorates.

Kirkuk confidence-building measures

Kirkuk is central to any effort to address disputed internal boundaries in northern Iraq.  UNAMI has recently established a presence in Kirkuk and will continue to engage with all communities there.  UNAMI is exploring options on a range of possible confidence building measures with the parties and stands ready to assist with the finalization of such steps in the areas of power-sharing, security arrangements, including community-based policing, the delivery of public goods and services, the handling of detainees, language rights, and the distribution of government posts. 

UNAMI has also started working on a series of possible scenarios and options for resolving the administrative jurisdiction and status of Kirkuk governorate, within a political and constitutional process that would be acceptable to the major stakeholders.  It intends to discuss these scenarios and options with all relevant players in the coming weeks.