“Article 140 of the constitution is dead based on the constitution itself, which mandated that the government and parliament work with it in a specific period, which was up to December 12, 2007,” the United Arab Front in Kirkuk said in a statement.
Iraq’s Federal Court in Baghdad, mainly specializing in interpreting and ruling on the constitutional articles and tenants on Tuesday, ruled that Article 140 was still in effect and would remain so until full implementation.
The article in questions deals with settling the fate of disputed territories between the semi-autonomous Kurdistan Regional Government (KRG) and Iraqi federal government
The article has proven contentious for more than a decade. It is routinely a main point of disagreement that poorly affects Erbil-Baghdad relations.
Successive Iraqi governments have been unwilling to implement the article since the establishment of the "new Iraq" and its Constitution in 2005, fearing it could return oil-rich Kirkuk and other diverse territories to Erbil, thus strengthening the argument for Kurdistan's independence.
The Arab United Front claimed the Iraqi court was under “pressure and influence” from people who want to divide the country and threaten its social fabric.
“The United Arab Front attributes to the central government, at the top — [Iraqi PM] Adil Abdul-Mahdi, full responsibility in case the conditions in Kirkuk deteriorate,” said the Arab Front.
For its part on Tuesday, the Turkmen Front that has stood firmly against Article 140 also issued its own statement, rejecting the court's opinion on the basis that the article only favors Kurds and that the article's implantation has expired.
“Despite the expiration of the due date to implement the article since December 31, 2007, we are baffled today by the Federal Court decision, in which it announced that the article is constitutionally still viable..." the Turkmen Front said in its statement.
The Turkmen Front also acknowledged the "failure in the past 14 years to find sustainable, peaceful solutions for the question of Kirkuk."
Kirkuk is “the key” to Iraq’s unity, the party said, restating concerns that it could lead to further division in the country. Article 140 is not the solution, but consensus between the people of Kirkuk, the party further argued.
“The Turkmen Front re-iterates that whether or not Article 140 is recognized as constitutional or not, does not solve the question of Kirkuk,” the party said, adding the article only favored “one component of Kirkuk”, a reference to Kurds.
Arshad Salihi, the head of the Turkmen Front, in an Al Sharqiya TV interview reiterated many of the same arguments of his party, going so far as to say that Kurds are “being deceived” by ruling authorities.
Salihi would like a 'Presidential Board' to be heavily involved in the implantation of the article, namely comprised the Iraqi presidency and its Sunni and Shiite deputies.
“Since the issue was about all components, the Presidential Board was given veto powers for the three to manage [the Article],” Salihi added.
Kurds have been adamant about the implementation of the Article 140, with the KRG making it a priority with the involvement of the United Nations Assistance Mission for Iraq (UNAMI).
Despite the article attempting to rectify many of the Arabization policies of previous governments, Kirkuk since it was taken by Iraqi federal forces from the Peshmerga in October 2017 and has witnessed further criticized Arabization policies under Baghdad-appointed, Sunni Arab Governor Rakan al-Jabouri.
In last year’s parliamentary election, the Patriotic Union of Kurdistan (PUK) won six seats in Kirkuk province, Turkmen and Arab parties three each, and the Christians took their minority quota seat. The Kurdistan Democratic Party (KDP), the largest party in the Kurdistan Region, refused to run in what they called an “occupied” Kirkuk.
The Kurdistan Region’s authorities have never relented in their demand for Article 140 to be implemented. Kirkuk has been called the “Heart” or “Jerusalem” of Kurdistan and it holds significance within the Kurdish political discourse in addition to massive petroleum reserves.
The PUK and KDP, despite their political differences even on Kirkuk, repeatedly have called on Baghdad to implement Article 140 according to the Iraqi constitution.
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