Friday 21 December 2007

• Session V: “The Management of Diversity in the Context of Article Article 140” • Responses from Foreign Experts • Recommendations and Options for Implementation

Discussions opened with a continuation of the previous day’s session dedicated to local perspective on managing diversity in an Iraqi context:
 
A report from the city of Najaf emphasised the fact that diversity is an issue of concern to many areas in Iraq, not simply the city of Kirkuk. The city’s role as a historic home to a number of Iraqi’s communities was detailed, though the extent to which infrastructure has been damaged was also noted, now severely affecting the living conditions of these communities.
 
In this context, it was again stressed that plans for improved stability must focus heavily on economic reconstruction, development, and humanitarian concerns. This, in conjunction with an improved security situation, was presented as a basic prerequisite for a sustainable resolution of the political status of Iraq’s disputed regions.
 
A special budget was proposed, dedicated to facilitating economic development and infrastructure reconstruction in Iraq’s disputed areas. Further to this suggestion, it was stressed that Article 140 is a broad article covering areas beyond that of Kirkuk, and aiming to facilitate the normalisation of life for all Iraq’s communities.
 
There was some disagreement about the current community relations in Kirkuk. Many stressed that these remain strong and relatively free of violence and fear. Some suggested however that there are reports of harassment from families that have decided to relocate to other cities in Iraq.
 
Both Turkmen and Cheldo-Assyrian participants added to the discussion that their communities have long historical ties to the Kirkuk area, and stressed that these ought to be considered during the normalisation process. It as suggested that for this reason, Kirkuk might be considered a special entity and be governed jointly by all its communities. The principle architects of this solution should be the people of Kirkuk. In support of this principle, it was suggested that the most significant obstacle to progress has been efforts by political groups to politicise issues related to the status of Kirkuk, rather than leaving these matters to local residents.
 
A possible role for the international community was introduced through an account of UNAMI’s recent discussions with both the Iraqi national government and the Kurdistan-Iraq regional government. These discussions stressed UNAMI’s willingness to offer technical assistance for the implementation of Article 140, if so requested by the relevant Iraqi actors. Such an international guarantee for an Iraq designed and led process was received positively by participants.
 
During the presentation of local perspectives on diversity management in Iraq, a number of requests arose for additional details about the instruments and policies presented by foreign experts. Additional time was therefore allocated to allow for responses to these requests:
 
The strength of the central government was confirmed as a crucial question for all federal states to consider. Both India and Italy were presented as cases in which an excessively strong centre had ultimately undermined both freedom and liberty, though it was noted also that the centre can play a crucial role in maintaining national unity and consolidating democracy. It was suggested ultimately that the strength of the centre should be balanced always by strong regions and local governments. Crucial institutional security valves should also be developed, most important of which is a strong and independent judiciary.
 
Examples of good leadership were also discussed, particularly in the context of the South African reconciliation process. The contribution made by exemplary leaders has most often been through the bridging of conflicts that divide communities. This is achieved by reaching out to former opponents and by offering concessions, and through this, rebuilding trust between political groups and communities.
 
Success outside of Iraq has also been built upon broad and inclusive dialogue, involving groups such as youth, women, civil society organisations, and all local communities. Their involvement in the political process has been promoted through institutions like youth and NGO parliaments, building capacity and raising awareness of available democratic instruments and institutions. South Africa in particular has taken extensive legislative steps to ensure there is a legal framework in place to ensure maximum community engagement with the political process.
 
Experiences from the UK further underlined the importance of strong legislation, noting the efforts made there to ensure minorities are aware of the available legal remedies, and are in a position to make use of these. The UK demonstrates also however that the political participation of minority groups cannot simply be assumed, but must be actively sought.
 
Experiences from Bosnia confirmed that security is a crucial part of the normalisation process. Guaranteeing the right to free and safe movement was a necessary first step in the process of returning IDPs and so returning to a fully integrated education system. A second step was to ensure that the rule of law was upheld for all communities, and that all communities felt represented and part of the decision making process.
 
It was acknowledged however that all cases of disputed areas are unique, and so a great deal will differ from case to case. Nevertheless, it was stressed that each example has the potential to contain a small amount of similarity and so to be potentially instructive. The challenge is therefore to identify similarity, not difference. This goes hand in hand with recognising the complexity of each given dispute, precluding the articulation of simple step-by-step recipe for success.
 
 
The final session of the day was devoted to articulating recommendations on the basis of the preceding discussions. The list would be discussed further the following day, with the ultimate aim of outlining where there exists consensus and where further discussion is necessary before agreement is reached.
 
A drafting committee was nominated and appointed by the plenary.  The Committee was chaired by Mr Fahmi and facilitated by Mr Bakthiar Amin.