What Does the Nineveh Plains Administrative Area Mean?
GMT 6-8-2007 17:12:28
Assyrian International News Agency
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In 1565, one of the oldest Catholic Military Orders that fought for and held Jerusalem, was driven out of the Holy Land and the Middle East. These Christian warriors retreated to the island of Malta. Jean Parisot de la Valette, their commander, had 541 knights, 5,000 Maltese militia and 500 slaves. The Ottoman Caliph sent close to 40,000 trained soldiers, which included 6,300 Janissaries (the Ottomans' finest troops). In the build-up to this battle, many Kings and other leaders in Europe kept sending word of support and promises. None of these promises were kept. The knights received no support. Instead, they fought with what they had left. La Valette's words quoted above came when each man realized they had no one else in the world but one another and their common bond. Their bond was the willingness to live and die for the Holy Land. It was their faith.
Today, Assyrians/Chaldeans/Syriacs, face a very similar threat and very similar life-threatening conditions. Almost 2,500 years after the fall of the Assyrian Empire, it appears that our people might finally be driven out of one of our last strongholds. We are succumbing to all forms of targeting, from all sides in Iraq. The knights in Malta were bound to one another through faith alone, however. Assyrians/Chaldeans/Syriacs are bound not only by their faith, but also a blood bond and a history on their lands in Assyria that reaches back at least 6,757 years. They are one people, one nation, and one of them cannot survive without the others at their side. The knights would call one another 'Brother', figuratively. We Assyrians/Chaldeans/Syriacs can and do call one another 'Brother', literally. That reality can and must make the difference.
This article will seek to show readers the situation of a key element of our struggle to survive. That element is the formation of some type of federal unit in Iraq, where we can have some basic assurances of administering our own essential affairs. Where we can safely practice our Christian faith and at the same time help make Iraq a successful democracy. The formation of a federal unit for Assyrians/Chaldeans/Syriacs (herein referred to as Assyrians) and other minorities (Shabaks, Yezidis, Turkmens) is our 'Malta'. It is our last stand. Without this, there will only be growing refugee flight and an end of the physical connection to the land of our birth as a people.
Current Events
Before the Constitution of Iraq was released and then approved in a referendum in October of 2005, the Iraq Sustainable Democracy Project (ISDP) put forth a proposal where Assyrians and other minorities should have a province formed in northern Iraq. That proposal developed at a time when certain opportunities were still technically available.
Since that time, Assyrians, Turkmens, Shabaks, Yezidis and other minorities are left with a clause in the Constitution that gives them "administrative rights." This clause carries over from the Transitional Administrative Law (TAL), developed when the US was still formally governing Iraq.
Presently this right is put forth in the now famous Art. 125, and says, "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 the law."
In terms of an Iraqi federal system, and the territorial aspects of federalism, Art. 125 is understood to equate to the formation of some federal unit that is based on land/territory (jurisdiction) within Iraq. Therefore, for the purposes of this article, which focuses on the territorial elements of this constitutional right, we will hereafter refer to 'administrative area(s)' as part of what "administrative rights" allow.
The Iraq Sustainable Democracy Project, a policy research body, is working to assist Assyrian political and civil society bodies in Iraq and abroad in working towards this goal of establishing an administrative area through education and analysis. It also works with United States decision-makers and policy institutions advancing this solution to the Christian Assyrian crisis, among others, since its inception.
Most recently, this meant being asked to provide language on a congressional resolution supporting in principle the forming of an administrative area for Assyrian/Chaldean/Syriacs. This resolution is provided at the end of this article. It is a concrete step forward. It is a necessary measure at this stage.
The resolution affirms in its title that the Nineveh Plain would be a core part of any future administrative area. For this reason, this resolution is popularly known as the "Nineveh Plain Resolution".
What the Constitution Does Not Say
This issue is a priority for many in our community. Unfortunately the debate is confusing because the topic is complex, but also because of the wide range of statements by well-meaning politicians and activists.
The KDP's Finance Minister, an Assyrian, is issuing statements on an Assyrian "autonomous region."[1] The Assyrian Universal Alliance advocates forming an Assyrian Administrative Region connected to the central government. Others are demanding an Assyrian province. The Assyrian Patriotic Party, ChaldoAshur Organization of the Kurdistani Communist Party, Chaldean Democratic Forum, Chaldean Cultural Organization, and the Bet-Nahrain Democratic Party support Nineveh Plain absorption into the KRG and are requesting autonomy in Kurdistan, advocating the exact, 'administrative rights', language of Art. 125 for inclusion in the KRG Constitution.[2] The Assyrian Democratic Movement has used 'administrative unit' but without further explanation. [3] These are all admirable efforts as they all seek to assist our people in a time of crisis and to help Iraq by ensuring its diversity is not lost.
Yet, when one hears demands and appeals for an 'Autonomous Assyrian Region' or an 'Assyrian Province', a call for an 'Administrative Area' naturally seems almost like nothing -- why bother even asking for it? It seems like an administrative area is something less. Before discussing whether it is something less, we must first look at options for an 'Autonomous Assyrian Region', and 'Assyrian Province'.
For those wanting to establish an 'Autonomous Assyrian Region' there is a huge job before you in Iraq. The Constitution is clear on this matter. To establish a region, like the Kurdistan Region, you must get 30 percent of each Governorate Council or 10 percent of registered voters in the governorates you want, to request a referendum to create a region. Then you must win a majority of over 50 percent approving the creation of the region in the referendum.
Keep in mind, there is no allowance to take only part of one governorate and part of another to create a region. It is the whole governorate or nothing.
Therefore, if it is the governorates of Ninawa and Dohuk that are to become this 'Autonomous Assyrian Region', you must convince the huge majority of Kurds in Dohuk and the even greater majority of hostile Sunni Arabs in Ninawa, that their best interests rest in creating the 'Autonomous Assyrian Region'.
The constitution does not say that Assyrians do not have to follow this path to creating an 'Assyrian Region'. We are not exempt from this standard. The point here is that creating an 'Autonomous Assyrian Region' is constitutional, but completely impossible for us politically at this stage.
Added to these challenges is that the Constitution recognizes the Kurdistan Region, making its present territory untouchable. Therefore, lands in Dohuk that are Assyrian cannot be connected to lands in Ninawa Governorate, such as the Nineveh Plains.
There are those who recognize that we cannot establish an 'Assyrian Region' today, and so they are demanding the formation of an 'Assyrian Province'. If an 'Assyrian Region' is impossible, it is at least constitutional/legal. An 'Assyrian Province', however, is simply unconstitutional/illegal. There is no language or even a suggestion in the Constitution that a governorate can be split-up to create a new one, and especially to take lands in one governorate (e.g. Ninawa) and another (e.g. Dohuk), to create a new governorate.
Those who are promoting this agenda need to be in Iraq and working very hard on the Constitution Amendment Committee. They must either get a seat on the committee, and/or influence the majority of the committee (containing mainly Shi'as and Sunni Kurds) to amend the constitution to allow for the breaking-up of governorates to create new ones and then work to make sure the parliament will adopt the change.
This is reality: there is a constitutional way to form an Assyrian Region that is impossible, and no constitutional way to establish an Assyrian Province.
What the Constitution Does Say
We now return to what the Constitution does say. Art. 125 says, "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 the law." As stated earlier, this is also being equated to allow for territorial rights, which requires an 'Administrative Area'.
The most important point is that at this stage, no one in Iraq knows exactly what 'administrative rights' means, and by extension do not know what is an 'administrative area'. Does it mean something less than a region or province? It is listed as the only clause under Section 5, Chapter 4, "Local Administrations." But if that is the case, there is also district, sub-district, county, town, and village. If this is what administrative rights and unit means, these are the terms that would be used and there would be no special identification of Assyrians and other "nationalities." Map 1: The Nineveh Plain or Deshta d' Nineveh at the core of the Assyrian Administrative Area
So What Is An Administrative Area?
An 'administrative area' is a unique arrangement. It is something exceptional. Most important, it is an opportunity we cannot allow to pass us by. It is not a region or a province, but it is also not a district or a county. It is a chance to develop something that is legal; that we can define, and that we can build on for the future. It is our most practical and realistic step forward and is a tool to help keep ethnic and religious pluralism alive in Iraq -- a key ingredient for democracy-building. Map 2: The approximate location of the Assyrian Administrative Area (purple box) in relation to the concentration of other Chaldo-Assyrian Villages (red box) in North Iraq. See Map 2 for more detail.
Territorially, the 'Administrative Area' has at its core, the Nineveh Plain (Deshta d' Nineveh -- Map 1). This area includes the lands north, east and south-east of Mosul. It is territorially compact, distinct, with its own geography and history (Map 2). These lands presently exist within the Governorate of Ninawa. This 'administrative area' also includes lands in western Dohuk, known as the Lands/Plains of the Cross (Sliwana). Together, this administrative area might constitute what is shown in Map 3. Map 3: The Assyrian Administrative Area, stretching from Mosul to the Syrian border.
Due to it being a unique constitutional right, it should be allowed to have lands that sit in the Governorate of Ninawa, and lands in Dohuk of the KRG.
Territorially, there would also be an additional allowance for sizable pockets of Assyrians and other minorities in other parts of Iraq to fall under the authority of the Administrative Area. Once again, the unique, protective nature of this federal arrangement, particularly for the indigenous Assyrian Christians should allow for this arrangement. These areas can be determined in future negotiations when forming this Administrative Area.
The Administrative Area will have an elected Governing Authority and also an elected legislature. There would also be district and sub-district elected officials to manage purely local affairs, along with town and village mayors and councils. This would be just as is done for any federal unit.
The Administrative Area would also be directly linked to the federal government. In this way, the Governing Authority of the Administrative Area would be able to vote on all federalism decisions coming from National, Regional and Governorate negotiations.
Most important are the powers of the Administrative Area. It would be responsible for health (pharmacies, primary health care centers, district-level hospitals,); primary, secondary and tertiary education, as well as special cultural, technical and vocational education programs; various judicial matters; economic development planning (rural and urban); social welfare; agriculture; sanitation; local policing; along with special powers regarding archeology and tourism, among others. It would have the power to tax based on its functions and therefore would also have treasury and revenue agencies.
Funding for these and other services delivered in the Administrative Area will be received as direct transfers to the Governing Authority. The amount of funds for the identified services will be based on the same system of dividing funds to regions and governorates in Iraq. The Governing Authority and the elected Council will actually determine the use of funds for the services it is responsible for delivering.
These are the basic pillars necessary for establishing the Administrative Area.
A comment is necessary on the issue of 'autonomy'. Many people misuse this term. The KRG has a higher degree of autonomy, a governorate has less. Just as there are many shades of the color gray. When someone says, "she was wearing a gray dress", and, "it looks gray outside", we know that it is not the same color gray-- as if there is only one shade of gray. In this case, the Administrative Area will have autonomy based on the powers listed above. Readers must realize that when someone says, "I am demanding autonomy for Assyrians", they must ask: "What form of autonomy? Be specific."
Remember, the Constitution does not even refer to 'autonomy', or the KRG, as "autonomous."
Constitution Does Not Matter -- Power Matters in Iraq
Many will say that the Constitution of Iraq does not matter. They will say that rule of law does not exist in Iraq and what matters is power (mainly money and guns). This is true. One of the realities for minorities such as Assyrian Christians, Turkmens, Shabaks and Yezidis, is they cannot threaten the use of force if they do not get what they want. They are not a threat to anyone.
As a result, their only avenue at this time is to try and use the law and political channels. It is one of the levers, if a weak one, available to them. To simply ignore it and say it means nothing, while promising an autonomous region or a province, means you have enough power to become a threat to other power-brokers in Iraq.
If so, our people can reasonably expect the following basics to be in place:
a trained militia with enough deterrent capacity to make Sunni Arabs, Sunni Kurds, and Shi'a Arabs believe the use of violence against us cannot be productive. ISDP is not specialized in military/security studies, but in consultations with experienced US military personnel that served out of Mosul, it is projected that trained at the lower standards of the region, it would require a force of approximately 25,000 to secure the Nineveh Plain and deter any immediate threats in declaring a region;
a steady source of income that can meet the needs of this force, of the Governing Authority to provide basic services to citizens, and that cannot easily be disrupted by the others hostile to the establishment of an Assyrian Region; and,
external patrons, particularly nation-states, major powers, who will at least use their political power to protect us if necessary from all forms of threats.
The Kurdistan Region Option
Many speak of federalism options available through the Kurdistan Regional Government. This is because the Minister of Finance (former Deputy Prime Minister, before the KDP-PUK merger), the Hon. Mr. Sarkis Aghajan is issuing public statements on demanding autonomy for Assyrians, as part of the Kurdistan Region.[4] Other active political organizations of various sizes operating in northern Iraq are now echoing similar goals.
People supporting this position argue that Assyrians need friends in a violent Iraq; the Shi'a Arabs and Sunni Arabs provide no hope, and so we must turn to the Sunni Kurds. Some groups are managing to secure modest amounts of funding from the KRG, which is welcome, but not at levels where sustainable communities are being developed.
The question is, although the KRG is most certainly deserving of our gratitude for the little funding it does provide, and the public statements on autonomy are appreciated, is it enough to provide an assurance of a future in the Kurdistan Region? Does it at least guarantee a federal unit where, even if we cannot expect democracy, we can expect a degree of the "autonomy" expected?
I will not address here the arguments based around local and regional power (for example, what acceleration of targeting there would be by Sunni Arabs for formally joining the Kurds in 'breaking-up' Iraq, or the impact in Syria and Turkey). Instead I will focus on some clear and hard facts to bear in mind regarding this option. This is not a matter of totally rejecting the KRG option. Instead, it is to advise a highly cautious approach, where we secure some basic guarantees. These are listed below.
Last week, our people were informed that the Hon. Fawzi Hariri (KDP Minister of Industry in Baghdad), came to Washington, DC. During his official visit, he met with Congresswoman Anna Eshoo. He tried to end any support for developing an 'administrative area' on the grounds that Assyrians did not number enough for any type of federal unit and raised questions about their ability to govern such an entity.
This act inherently contradicts the statements of the Hon. Sarkis Aghajan. This should cause grave doubt and concern. Such a serious contradiction between two senior ministers of the KRG/KDP must be explained.
The KRG must provide the following:
KRG Guarantee 1: Based on this high-level contradiction, the KRG must formally declare its policy on Assyrians and autonomy/federalism.
Over-lapping with this issue, but still deserving of treatment, is the matter of the Draft Constitution for the Iraqi Kurdistan Region. Given the statements and demands of KDP Minister Aghajan, and even a quote attributed to the KRG's Prime Minister, Nechirvan Barzani, supporting Assyrian autonomy, the Kurdistan Region Constitution has a major weakness.
In its present form, the KRG Constitution does not even have an equivalent to the Iraqi Constitution's Art. 125 that gives us administrative rights. The KRG, with senior representatives making promises of autonomy, denies the same type of constitutional right coming out of Baghdad, let alone one that allows for autonomy.
The KRG must provide the following:
KRG Guarantee 2: Provide proposed language by KRG officials that will be adopted allowing for Assyrian autonomy in the KRG Constitution.
Lastly, the KDP arm of the KRG directly intervened in the Nineveh Plain to prevent Assyrians and other minorities from voting in the January 2005 elections. Journalist Gareth Porter uncovered this story using military intelligence sources. His investigation led to further reports of denying our people the vote during the October referendum. There are similar reports of gross voting irregularities arising from KDP intervention in the December 2005 elections. Greater attention by US authorities in the December elections ensured more people could vote, however.
Assyrians must ask themselves a vital question regarding this fact. If the KDP cannot trust us to vote and pick our leaders; if they cannot trust us to decide whether a draft constitution is good for us or not, can we expect them to trust us to run an autonomous region/province within the Kurdistan Region? I will not make this decision for readers, but I ask that when answering it, one be honest with themselves, at least.
The KRG must provide the following:
KRG Guarantee 3: Accepting tangible inputs on policy from all the parties/lists that secured a meaningful level of 'ethnically-conscious' electoral support.
If these three basic guarantees cannot be met, it is difficult to see how Assyrians should leave all other federalism options to jump into a Kurdistan Region.
There are other issues, related to human rights, intimidation, assassinations, strong-arming, arbitrary arrests, illegal land seizures, de-development of targeted areas, among others -- all verified by external human rights bodies. However, the issues above alone cast enough doubt without having to go into even more problems with KRG authorities.
Conclusion
The hope of this article is mainly educational. It is to make the average, interested Assyrian/Chaldean/Syriac individual aware of what is developing. It is also meant to equip them with the knowledge to judge for themselves what people are promising and what is the most practical way forward. ISDP believes in its researched positions, and stands by the content of the proposed resolution, as a small but necessary step forward.
There is further evidence that the organizations pursuing this resolution are on the right track and deserving of support. The KDP never took action regarding other efforts, where Assyrians made declarations for an Assyrian Autonomous Region. They lifted no finger while persons stated that the formation of an Assyrian Province was imminent.
The KDP did react when suddenly facing the realistic and productive policy approach put forth in the "Nineveh Plain Resolution." When asked on what he felt about the Nineveh Plain Resolution, the KDP Minister Fawzi Hariri felt the need to undermine any effort for establishing a federal unit for Assyrians because he saw the threat of a realistic policy for the first time.
The noble aspirations for autonomous regions and provinces are exactly what our enemies want us to adopt, simply because they dazzle us with their brilliance and appeal to our imagination, but will not bear fruit. The KDP and others want us to be distracted with these "false hopes" while real opportunities pass our people by.
Our people now need to see political parties pursuing the realistic vision described here and developing in the homeland -- with reasonable information sharing on progress.
For those wondering about the fate of the knights mentioned at the start of this article, they defeated their Ottoman enemies. They overcame all odds and beat back a massively superior force. The knights in Malta put aside all false hopes and accepted the reality of their options. The knights did this with faith alone. Our People's faith, prayers and our brotherly unity as Assyrians/Chaldeans/Syriacs will also produce success -- but we must let go of the "false hopes", and pursue the difficult path that is grounded in a realistic understanding of our options at this point in time.
By Michael Youash
www.zindamagazine.com (February, 17 2007)
Michael Youash is the director of the Iraq Sustainable Democracy Project, a Washington based organization dedicated to bringing democracy to Iraq.
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