After Two Decades, Article 140 Remains Unfulfilled Amid New Administrative and Agricultural Measures
The Department of Media and Information of the Kurdistan Regional Government (KRG) has published a comprehensive documentary report examining the continued failure to implement Article 140 of the Iraqi Constitution from 2005 to 2025.
The report documents legal and human rights violations committed against Kurds in the disputed territories.
The Aftermath of 16 October 2017:
According to the report, the events of 16 October 2017 were not limited to military redeployments but triggered significant humanitarian and administrative consequences, particularly in the Tuz Khurmatu district.
Key findings include:
- Human casualties: 15 civilians killed and 115 wounded.
- Widespread looting: 3,150 Kurdish homes looted.
- Destruction of property: 530 Kurdish houses and shops burned or destroyed, in addition to 21 factories and schools set alight.
- Mass displacement: More than 53,000 residents forced to flee the district.
“White Arabisation”: Administrative and Agricultural Measures
The report identifies what it characterises as a new strategy aimed at altering the demographic and administrative character of these areas through “Administrative Arabisation”, including:
- Reassignment of posts: Ten senior administrative posts in Kirkuk and ten in Sinjar -previously held by Kurds- were reassigned to representatives of other groups.
- Land disputes: The reactivation of Ba’ath-era agricultural contracts and the allocation of farmland in Kirkuk, Daquq and Sargaran to Arab settlers, affecting Kurdish farmers.
- Ration cards and civil records: Attempts to transfer food ration cards and civil status records of thousands of Arab families to Kirkuk.
Financial Gaps and Unmet Commitments:
The report also provides a financial breakdown of compensation promised to affected individuals:
- In 2014, 2015, and from 2018 to 2021, the Iraqi government allocated no funds to the implementation of Article 140.
- Over 20 years, a total of IQD 2.08 trillion was spent - an amount the report describes as insufficient given the scale of the damage and the 118,000 unresolved claims still pending.
International Role and Legal Rulings:
The report notes that the United Nations Assistance Mission for Iraq (UNAMI) submitted several proposals and reports between 2007 and 2017 which, according to the report, remain unimplemented.
It also references Federal Supreme Court Decisions No. 113 of 2017 and No. 71 of 2019, which rejected legal attempts to invalidate Article 140 and affirmed that the article remains in force until its final stage - the referendum - is carried out.
This report by the Department of Media and Information concludes that Article 140 is viewed not merely as a constitutional provision, but a matter linked to housing, historical justice, and national identity.
Department of Media and Information