Kurds and Iraqis and the right to self-determination
31/10/2017 12:00 am [rtl]Faleh Mahdi Those who love the Kurds must be honest with them, and I mean honor here is the honor of the sincere word, those who shocked those who hear it at first glance, but will find over time that that word was looking for what benefits and contributes to the right order. The Kurdish "dream" led by a man was first aimed at legitimizing a man who ended his term more than two years ago. Barzani was not so stupid, but power and its temptations blinded. He has taken this adventure unilaterally, and he is certain, there is no separation without the consent of the parties and without reference to the Constitution. Now, if we assume that Barzani succeeded in passing his deal, with the approval of the central government of his decision, which is aimed at dismembering Iraq by means of that shameful referendum, it will clash with international law. The right of self-determination contradicts another basic principle of the same law, With its limits. International law and constitutional law: The right of self-determination adopted by the United Nations does not necessarily mean independence. The need for that law arose after the First World War and fragmented the empires that included many nations, such as Austria and the Ottoman Empire. This principle was referred to in Article 1 of the Charter of the United Nations of 1945, and was emphasized in the 1960s with the great waves of liberation of peoples and groups from colonialism. When this principle is mentioned, the other principle, affirmed by the United Nations, of the right of States to preserve the integrity of their borders as a fundamental principle of international law, is disregarded with all ill intentions. What is being deliberately overlooked is that the principle of self-determination raises many problems, with regard to its nature and the way in which the concept of a people whose referendum has been conducted is determined, as is Serge Serge, Professor Emeritus at the University of Paris Pantheon Essès and Editor-in-Chief of the Journal of International Issues. (See Le Monde, October 16, 2017). The unilateral independence project in Catalonia and in Iraqi Kurdistan puts the defenders of the right of peoples to independence on the side of those who are indifferent to the legitimacy of international law. The United Nations resolution (Declaration on the Granting of Independence to Colonial Peoples), adopted in 1960 by the General Assembly, affirmed that "all peoples have the right freely to decide their political status and their social and cultural development". This beautiful text, which appears in the preamble to that Declaration, has not been left out of the books of the public. Those who contribute to the writing of laws of such gravity are experts in international law and not miserable jurists or those with bad intentions, With who liberated the Iraqi constitution. Article 6 of that Declaration therefore provides an explanation of the nature of this principle and the limits of its application, as follows: "Any attempt to partially or totally destroy the national unity and integrity of the internationally recognized borders of a country is contrary to the purposes and principles of the United Nations." The characteristics recognized by the United Nations with respect to the characterization and nature of self-determination have been reaffirmed in the Universal Document on the Civil and Political Rights of a Community. The document was issued in 1966. In the face of the danger of fragmentation and the endless fragmentation of nations, the United Nations has affirmed the right of peoples originally resident in the land, as is the case with the population of America before Columbus. The right to self-determination, without meaning at all, is the right to secede, By a barbaric authority (2007). The massacres committed against the civilian population in the eastern region of Pakistan (Bangladesh later), which caused the deaths of three million people and the displacement of 10 million, led to the establishment of a State on behalf of Bangladesh in 1971. That violence created an unprecedented situation. This is true of Kosovo in 2008 and southern Sudan in 2011. The referendum by the nationalists in Catalonia, Spain, is invalid because it contradicts one of the most important principles of international law, which is the right of states to protect their borders. This rule applies to the referendum held in Iraqi Kurdistan . The French people, for example, consist of a group of people, France divided into 22 regions and 96 provinces. Where we find Normandy, Protan, Basque, Corsican, etc. France shares with Spain that there are common forces between the two countries, such as the Basques, who fought and armed against Spain for their independence, and finally threw down arms and participated in the political process. In Catalonia, where the nationalists call for independence from Spain, there are brothers on the other side of the border with France. The Iraqi people and the Kurdish people It is difficult to define the concept of "people" legally and politically. There are "people" and "inhabitants", each with characteristics and features. The term "the people of Catalonia" raises controversy and divergence of opinion among jurists. In careful reading we find that the term "people" is dominated by a group of people living within a defined society and boundaries, while the term "population" means a group of individuals inhabiting a specific place, such as a province or a city. The second term is dominated by the sociological, even the biological, aspect, while dominating the concept of the people on the political side. It is linked to the existence of a political entity representing the State. The nation considered a group of citizens with the desire to live together in a part of the territory ruled by a sovereign state, contrary to the German school that emphasizes the element, language, religion etc. Saddam Hussein did everything he could to prevent the people and the establishment of an Iraqi nation, so his wars were not only against the Kurds, but for anyone who disagreed with him. In Iraq, but in this whole region of the world, terminology has been used indiscriminately, far from the precision that allows for understanding and out of dogmatism and ideology that creates illusions. The term "class", which the Iraqi Communist Party has resorted to in particular, is inflated. He used the term workers and peasants instead of social groups in a country where there were no industries but trades and the class of merchants in Iraq became the "bourgeois class"! Are there Kurdish people and Arab people in this country called Iraq? Politically and legally there is no Kurdish people and Arab people, but a group of people living in this so-called Iraq. There is no doubt that the Kurds are an old population in this region, with their language, customs, traditions, folklore, etc. If we consider this a very reasonable thing, there is an Iraqi people with all the hardships and hardships they have suffered. Therefore, in the light of that logic, the Kurds are part of the Iraqi people. What is contained in some of the writings of writers and journalists who received the blessings of Massoud Barzani and some idiots such as Bernard Henry Levy and Israeli leaders when talking about the Kurds, they are placed in the face of the Iraqi people, while the legal - political logic, does not allow the equation. If only the words "disputed areas" mentioned in Article 140 of that constitution are miserable, we will find that those who pointed to this and in the heart of the Constitution, intended to find a Trojan horse in the heart of Iraq. The words "disputed territories" can never be included in the constitution of its first mission to preserve the integrity and territorial integrity of the country. This article creates boundaries within a single country. A statement of this kind is made in the case of a dispute between two states, between two nations with the political and legal meanings of this term, as is the case with the Shatt al-Arab, which surrendered half of it, unfortunately to the buried Iran, Saddam Hussein. And assigned the task of applying that article to some political figures with the consent of Kurdish leaders in particular. There is no time for pleasantries and silence for what can not be tolerated. How was convinced of the application of that article to be a land for the application of material intended to tear up Iraq and eliminate it? Did Haniyeh think that there were no disputed areas within the same country? And then before leaving this serious issue on their minds, that is entrusted with the task of applying that article of the most important leaders of the Iraqi Communist Party. Is the division of the Communist Party into two parts of the Iraqi Communist Party and the Kurdistan Communist Party and headed by Kawa Mahmoud, in 1993, the introduction of silent in the performance of a Trojan horse ?. When Massoud Barzani received the delegation of the Communist Party on 12-5-2017, which was headed by Party Secretary General Raed Fahmi, the President of the Kurdistan Region spoke as follows: "The common history of problems between the people of Kurdistan and the Iraqi state. Led to the collapse of the partnership in Iraq). Massoud Barzani, after the entry of his forces into Kirkuk, considered that Article 140 (completed and completed) (the press conference held in Erbil on June 27, 2014. The application of this lame material represents a great betrayal against this country. Iraqis can not enter and stay in Kurdistan without a license from the Security Service in Kurdistan, allow them residence in that part of Iraq! We have Massoud Barzani and the Wizards suspicion that the dream of a Kurdish state , which will make him a national hero has come. can a Kurdish state? So that any entity that takes the character of the state to stand on its feet of the following conditions: First: external factors represented by the international recognition of that state by the United Nations, and the consent of neighboring countries to the establishment and continuation of life. Both conditions are not available in the Kurdish situation. The establishment of a Kurdish state poses a threat to Turkish and Iranian national security in particular, as the two largest states in the region and adjacent to Iraqi Kurdistan. Second: Internal factors, which can be referred to as: 1. The existence of an economy that allows the continuation of social, cultural and political activities, While there is no economy in Kurdistan. The so-called economy is the rent Baghdad offers generously and excessively to the territory. Anyone who has lived in Iraqi Kurdistan discovers this bitter truth. For almost 30 years, Kurdish leaders have been unable to contribute to the emergence of an economy based on agriculture and industry. As a friend who asked the owner of a store selling household items in Erbil said: What are the Kurdish goods in this store? The owner of the store responded with the utmost innocence: "I!" If we leave aside the economic project that will lead to a state if it has good opportunities, we wonder about natural resources that can contribute to the establishment of a Kurdish state. There are natural resources, especially oil in the Kurdistan region, but what the Kurds do not show is the impossibility of benefiting from oil revenues in the case of extraction. In an interview with Zuhair al-Jazairi, one of the most important Kurdish figures who is intelligent, the person representing the educated and educated elite replied: "We can not take advantage of the oil in Kurdistan because of poisonous gases in the oil wells in the mountains of Kurdistan. Gases will lead to higher cost of oil extraction and therefore difficult to export because the price will be high). 2 - Politically credible: the Kurdish leadership, Barzani - Talabani, is far from the concept of wisdom and credibility, both the "parties" and both leaders, of a tribal nature. The money that Baghdad has pumped into hundreds of billions has gone into the pockets of those leaders, and these leaders have not been able to build infrastructure. 3. A civil society and a culture of self-dealing and transparency. We have found that the Kurdish leaders have decided to exclude the Arabic language in education. Therefore, more than one generation has grown up who does not know the Arabic language but looks contemptuously at all that is Arab. For him, the Arabs were invaders ... Thus he was taught through all those long years. The right of the Kurds not to learn Arabic, but in exchange for a language that allows him to connect with the outside world, such as English, but low level of education did not allow it. The delusions of illusions at the official invitation of the Kurdish political and cultural elite to the acquaintance in the field called Geopolitik, Gérard Chalaind, in 2008, was addressed by a scholar of international relations in his numerous books on the Kurdish issue published in French and translated into English. The Kurds have translated some into their language. I have the honor of being identified by Sadiq Jalal Al Azm as follows: "If I have a word to conclude this lecture, I would advise my Kurdish friends not to think at all about independence and exit Iraq." No one commented, but there was silence. They learned that they were culturally and politically superior. [/rtl] [rtl][You must be registered and logged in to see this link.] [/rtl] |
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