The calls to transform Ninawa Governorate after its liberation from ISIS into a semi-independent Sunni province are in blatant violation of Iraq’s constitution and laws. This would be the first step towards partitioning Iraq, which would be followed by the partition of the rest of the region

by Karim Shughaidil – as-Sabah

Ninawa, within its current administrative borders, is an Iraqi governorate protected by Iraq’s constitution and operative laws. This is what the law passed by the Iraqi Parliament states. And this necessarily means – according to the law – that any change regarding Ninawa Governorate remains a violation of the constitution and the Iraqi people’s will.

But here a bitter question arises: Do we really need such a law? Ninawa Governorate fell captive to ISIS’s occupation since June 9th, 2014. The truth was later revealed that certain local forces and other regional forces colluded with ISIS’s criminals and facilitated their invasion of the governorate in circumstances that were somewhat mysterious and ambiguous. But there is nothing mysterious or ambiguous about what is happening today. Certain forces’ desire for partition or a share of the governorate has exposed what was unknown to some.

We return to our question: Should we pass daily laws calling for preserving our country and the protection of the agreed-upon administrative borders? If so, of what value is our constitution? What is the use of the laws that have already been passed? What should we do with the oath sworn by every person in a government post that includes a clear clause calling for the upholding the unity of the homeland’s territories and people?

Some people are clearly trying to exploit the security conditions that Iraq and Ninawa Governorate are passing through, so as to blackmail and embarrass the government as it tries to intensify its efforts to liberate Ninawa. And here, we direct our question at those who insist that Ninawa should be transformed into a province on the pretext of protecting minorities: Where were you when ISIS’s terrorist gangs violated all minorities, enslaved Christian and Yezidi women, and committed the ugliest of crimes?

And we also ask: Is Kurdistan Province a neighboring state for us to negotiate with, and for it to set preconditions for the liberation of our own lands? Is the Province linked to Turkey or ruled from the center [Baghdad]? There are those who are trying to impose themselves as guardians over Ninawa and its people, even though they have lost their legitimacy such as [former governor of Ninawa] Atheel an-Nujaifi, whose is leading the call to partition Ninawa; a call that some view as a gateway towards partitioning Iraq followed by the rest of the region.

Tampering with Ninawa’s borders before or after its liberation conflicts with all our laws in both form and content. Our permanent constitution – Clause 119 – does not allow this. The law regarding measures taken to form a province – Law 13/2008 – does not allow for cutting out a part of a governorate and transforming it into a province or merging it with another province. The law regarding governorates – Law 21/2008 – also does not allow this. So on the basis of which law can the opportunists smuggle this partition through?

Here we recall that the law that criminalizes the partition of Ninawa was in fact a reaction that was expressive of politicians’ fears and doubts regarding other parties and their commitment to the constitution and the law. It seems that all our laws need additional annexes that legitimize sanctions for those who violate them.

It is as if we were living in a political jungle whose inhabitants do not respect the laws they have passed unless accompanied by deterrent measures that match the scale of the threat facing them, and that put paid to the disregard for the country’s survival