Mosul Vilayet Council Documents - prior and after Saddam
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1.    DECLARATION OF SELF-DETERMINATION, 15 May 1992
2.    VIVANT SEQUENTES - a MVC appeal on Religious Matters, 30 May 1992/1997
3.    DECLARATION OF SEPARATION FROM IRAQ, 20 October 1992
4.    MOSUL VILAYET DECLARATION, 20 October 1992
5.    UNITY DECLARATION, 31 May 1994 (signed by Mosul Vilayet's 75 tribe leaders & 19 political parties)
6.    STATUTE of the MOSUL VILAYET COUNCIL, 14 November 1994
7.    SOLIDARITY DECLARATION, 16 October 2001
8.    MVC letter to US Ambassador Bremer, 18 November 2003, on Iraqi olympic athletes training abroad; interim constitution; etc.
9.    RECONCILIATION RESOLUTION, (draft 1 January 2004, update 21.12.06)
10.  NOTIFICATION, (Extraordinary General Assembly,  draft 1 Janvier 2004, update 20.11.04)
 
 

*           *          *

DECLARATION OF SELF-DETERMINATION
First Declaration - 15 May 1992

      In the name of God, the Almighty, Amen.

      We, the Leaders of the Kurdish Tribes of the Mosul Vilayet who, in pursuit of Kurdish traditions, customs and conservatism, alone are empowered to represent these Tribes and their Member Families and individual Citizens in everything concerning notably their security, well-being and relations with representatives and institutions of other peoples;

      acting under the responsibilities thus laid on our shoulders by ancient and valid tribal laws and customs;

      responding to the persistent violations and threats of violations of such fundamental human rights as Life, Liberty, Private Property and Pursuit of Happiness, visited upon our People and other inoffensive inhabitants of our ancestral lands comprising the Mosul Vilayet by the Iraqi Government under whose authority we have been placed conditionally by the League of Nations in 1925;

      recalling that the termination of the League of Nations Mandate over Iraq, Iraq's national independence and territorial integrity, as well as Iraq's ascension to Membership of the League of Nations on 3 October 1932 were conditional and based on Iraq's solemn Declaration of 30 May 1932, providing for permanent and strict protection notably of minority and private property rights and other servitudes which Iraq, with the concurrence of the Assembly of the League of Nations, declared to constitute "obligations of international concern", which are to be "placed under the guarantee of the League of Nations", which are to take precedence over any present or future Iraqi "law, regulation or official action", and which, in case of "any infraction or danger of infraction of any of these stipulations" may give rise to action by the League Council or, ultimately, the Permanent Court of International Justice;

      recalling that Iraq, on 21 December 1945, joined the United Nations while it was still a Member of the League of Nations, and that it has neither then nor since sought or obtained a change or lifting of any of these formal conditions attached to its national independence, and that the commitment of all United Nations Member States to the "independence, sovereignty and territorial integrity of Iraq" (UN Security Council Resolutions 686 and 688) was never intended, and cannot in law have the effect to convey rights to Iraq which it has not acquired in due course, nor can it lessen the limitations prevailing on Iraq's sovereignty, and it cannot either reduce Iraq's "obligations of international concern" or diminish the international guarantees thus existing for the protection notably of our People;

      bearing in mind that the Assembly of the League of Nations, on 18 April 1946, adopted its last Resolution providing for the transfer to the United Nations of rights and obligations which were attributed to the League of Nations in treaties, mandates and declarations, and that article 37 of the Statute of the International Court of Justice provides for its jurisdiction in corresponding matters previously submitted to the Permanent Court of International Justice;

      appreciating the growing recognition by the international community of the true significance of the "genocidal practices" and other features of the Iraqi Government for the Kurdish People in particular, as evidenced in Security Council Resolutions 688 and 706, in the Report of the Special Rapporteur of the UN Commission on Human Rights on the situation of human rights in Iraq of 1992, and by its Resolution of 5 March 1992 which unambiguously condemns Iraq for "massive violations of human rights, of the gravest nature, for which the Government of Iraq is responsible" - all of which constituting practices and violations which are seen to be incompatible particularly with Iraq's "obligations of international concern" and against which more effective forms of international guarantees are urgently called for, lest not only the thus in effect internationally condemned minorities, but the Rule of Law as well be further weakened;

      noting the Iraqi Government's devious attempt to regain the initiative and to save its most treasured booty, i.e. the Kirkuk oilfield it exploited at the expense of Kurdish tribes, some Turkoman families and some Turkish citizens as the sole apparent legal owners of these natural resources, by having the Iraqi Vice-Prime Minister Tariq Aziz formally declare to the UN Special Rapporteur: "Iraq would be the first to recognize Kurdish independence" (E/CN.4/1992/31, §108);

      noting the Iraqi Government's persistent failure to heed the humanitarian UN Resolutions 688 and 706, thus directly undercutting the humanitarian efforts of the United Nations organizations involved and of many other valiantly struggling non-governmental organizations, all seeking to provide timely, adequate and effective assistance to the victims of Iraqi violations of international law and fundamental norms of civilization;

      expressing our People's heartfelt gratitude for the prompt, generous and effective solidarity which continues to assure our People's physical survival and which - also in order to spare the taxpayers of the donor countries avoidable burdens - must now be redirected towards solidly based and competently managed self-help programs providing for the effective relief, redress and recovery of our People's, our society's and our individual Citizen's body and soul;

      trusting our neighboring countries and our friends everywhere to grant us the confidence, political support and needed assistance which will help setting our People on the road to what the future may hold for us which is, God willing and if we can help it, that our People become a factor which actively, responsively and with dignity will contribute to the region's stability, to the security of the world economy through reliable petroleum supplies, and to enhanced tolerance and harmony particularly among those peoples believing in One God;

      however, what we need now is an effective interim shield against any and all further abuses and atrocities committed under the cover of "arabization" by a manifestly irresponsible government which, over the past 60 years, persistently has failed to honor many of its solemnly undertaken international obligations, which can no longer be trusted and which thus has handed all peace-loving, law-abiding and responsible peoples and their representatives not only an opportunity but an obligation to liberate the Kurdish People of the Mosul Vilayet from the bloody claws of the perennial hostage-takers of Baghdad to whose rule we have anyway never freely consented, and to place the custody over our People's destiny back into the hands of the international community;

      having held the Constitutive Assembly in Kalaken in the Arbil district on 29 April 1992 with all 75 Kurdish Tribes of the Mosul Vilayet being duly represented either in the person of their Leaders, of which 63 attended personally, or otherwise, and having on that occasion formally set up and elected the Members of a tribal council which is fully and exclusively empowered to represent all Kurdish Tribes of the Mosul Vilayet, which shall henceforth be called the Mosul Vilayet Council [MVC] eventually representing also other tribes, ethnic groups and religious minorities, with Abdul Kader Brefcani being elected as Speaker and Omar Khedher Hamad Al-Sourchi and Aziz Rasid Akrawy being elected as Secretaries;

      the undersigned Members of the Mosul Vilayet Council thus:

1.      claim and exercise theinalienable right to self-determination of the Kurdish inhabitants of the Mosul Vilayet in accordance with article 1 of the Charter of the United Nations;

2.      invite the United Nations Security Council to see to it that the application of its Resolutions 661, 688 and 706 will in no way cause effects detrimental to the Kurdish People and/or to the humanitarian efforts of the United Nations and other humanitarian organizations working in Iraq, and that all applicable UN Resolutions, international guarantees and other binding texts, notably Iraq's solemnly undertaken permanent "obligations of international concern" as specified in Iraq's constitutive Declaration of 30 May 1932, will either produce the originally intended effects forthwith or entail the appropriate consequences, to which effect we reserve all our rights and offer to appoint a Special Representative who, if that were agreeable to the Security Council as the trusted guardian of the Kurdish People's security and economic survival, would also be available for related consultations particularly with other UN Organizations;

3.      invite the governments of the Allied Powers to re-examine Iraq's notorious human rights and other violations particularly in light of Iraq's recently rediscovered "obligations of international concern", and to eventually draw on the services of the Special Representative of the Mosul Vilayet when considering ways and means to provide notably the Kurdish inhabitants of the Mosul Vilayet more effective forms of the international minority protection guarantees accorded to them in 1925 and 1932;

4.   invite the Turkish Government to avail itself of the good offices which the Mosul Vilayet Council may be able to provide towards an early cease-fire and a mutually advantageous lasting solution of Turkey's "Kurdish Question";

5.      invite all other discriminated tribes, ethnic groups and religious minorities located in the Mosul Vilayet to be represented in the Mosul Vilayet Council, with the political parties in the Kurdish-controlled part of the Mosul Vilayet being invited to join their forces with those of the Kurdish Tribes as represented in and by the Mosul Vilayet Council, to participate in the establishment of a Coalition Government of National Reconstruction, and thus to concentrate all energies of the Kurdish People as well as all other available resources and help on the immense task ahead of rebuilding the Mosul Vilayet and the Kurdish society;

6.      declare the Kurdish self-help "Project BACKDOOR" to constitute a priority project which is fully supported by all Kurdish Tribes and by the entire Kurdish population:

          as a dignified way for the Kurds to work themselves out of their misery with their own resources, this humanitarian project requires above all the support of far-sighted and determined politicians, capable diplomats and genuine entrepreneurs,

          and it deserves the support of all men of good will everywhere, for it is to finance notably the highly appreciated UN humanitarian programs in Iraq as well as the Kurdish reconstruction program through the UN-assisted sale of Kurdish-owned petroleum pumped out of ancestral Kurdish lands, thus finally making the United Nations and the Kurds independent of the goodwill of Baghdad;

7.      declare their firm intention to introduce genuine democracy in the Mosul Vilayet and to hold general elections within twelve months, to which effects a Constitutional Commission shall be set up, with the United Nations Secretary-General, the Interparliamentary Union and other suitable institutions and organizations being invited to provide related services.

Ankara, 15 May 1992

[signed by 75 Kurdish and other tribe leaders of the Mosul Vilayet; first signatories:
Omar Khedher Hamad Al-Sourchi (initial Secretary), General Aziz Rashid Akrawy (Secretary, died 1999),Abdul Kader Brefcani (Speaker), Sheik Salar M.Hasan Hafeed (confirmed 1994 as Registrar for Suleimanyia), Aako Abbas Mamend Hamad, Mohammad Sidik Mahmoud (Chairman of the MVC's First General Assembly of October 1992; since 1999 MVC Secretary-General a.i.)Moushir Hadi Ahmad, Zaid Omar Khedher, Taher Gazee Fatah, Mohammad Mahmood Harony, Said Mahmood Khaleefa, Ibrahim Ali Malo, Hussein Mohammad Othman]

VIVANT SEQUENTES(1)
AN APPEAL BY THE MOSUL VILAYET COUNCIL
TO ALL MEN AND WOMEN OF GOOD WILL

Second Declaration, on Religious Matters - 30 May 1992/1997

          The messages of the One God have been communicated to man in numerous forms in response to the conditions of the time. The transcriptions of these messages are works of humans. And though their interpretations have evolved over time in light of changed circumstances, new needs and additional divine messages, the proper understanding and application of all these messages is not the birth right of any one man or institution, but is the fruit of individual soul-searching, modesty and tolerance. Accordingly, none of the daughters of Jerusalem has a rightful exclusive claim to the stone of wisdom, none has a monopoly for good ideas, and every one of them is but a contributing element, a guidepost of limited perfection and reliability in the spiritual and material evolution of each individual in his or her pursuit of self-fulfilment.

          Failure to recognise, accept and draw the consequences of these fundamental facts is seen to have contributed to the present conditions in many parts of the world, including the territories previously comprising the Ottoman Empire. The human sufferings, the officially carried out depreviations of basic human rights to Life, Liberty, Private Property, Freedom of Assembly and individual Pursuit of Happiness, as well as man-made backwardness in most fields of concern to free men thus have become intolerable in many places. This is the case notably in the Mosul Vilayet which is a still unpacified remnant of the Ottoman Empire's break-up. It was conditionally attached to the Kingdom of Iraq, rather than to Turkey, by the League of Nations which, at the same time, placed it under international guarantees. Successive Iraqi governments are seen to have failed to honor many of Iraq's constitutive "obligations of international concern". Iraq thus seems to have forfaited whatever rights it was entrusted with in regard to the Mosul Vilayet. At the same time, the International Community also has solemnly undertaken obligations in that region. And it would be helpful, if it were to honor and enforce those long-standing commitments and guarantees in ways and with means effectively protecting the Mosul Vilayet inhabitants against further genocidal practices and other human rights violations.

          Accordingly, the leaders of the tribes, on behalf of all ethnic groups and religious communities of the Mosul Vilayet, have taken charge. On May 15, 1992, they adopted the Declaration of Self-Determination and set up the Council as the Mosul Vilayet's supreme authority in political, economic, cultural and other matters. In this capacity, the Council decided to take up consultations with religious leaders with a view to promptly and comprehensively liberate all inhabitants of the Mosul Vilayet of all religious constraints which are not of their deliberate individual choosing. Moreover, the Mosul Vilayet Council solicits the moral and material support from all people and organizations wishing to testify of their solidarity with its People. It welcomes the spiritual guidance of wise men and women anywhere which can contribute to the healing of its Citizens' and its society's badly wounded body and mind. The Council seeks to promote the respect for the wisdoms and eternally valid principles enshrined in the Holy Scriptures, notably the Avesta's call for "Righteousness", for "Good Thoughts, Good Words and Good Deeds", the Torah's emphasis on the values of the family, and the Koran's tolerance of non-Islamic beliefs in One God. And it commends the guiding principles offered by Pope John Paul II in his Encyclica "Centesimus Annus".
_____________

(1)    Title and explicit reference to the Avesta were added, after consultations, on the occasion of this Internet publication on 30 May 1997


DECLARATION OF SEPARATION FROM IRAQ
Third Declaration - 20 October 1992

      In the name of God, the Almighty, Amen.

      We, the undersigned Members of the Mosul Vilayet Council (the Council) which, at Kalaken on 29 April 1992, was initiated by the leaders of all Kurdish tribes of the Mosul Vilayet for the purpose of liberating all inhabitants of this cross-road of history from the perennial oppressions of successive Iraqi Governments, and which, at Ankara on 15 May 1992, was formally brought into existence as the supreme secular authority of the Mosul Vilayet, wherein all indigenous Arabs, Armenians, Assyrians, Kurds and Turkomans have the right to be equitably represented by their own leaders,

       and the undersigned leaders, teachers and other responsible personalities, including the undersigned Members of the Parliament of the liberated districts of the Mosul Vilayet which, on 19 May 1992, were freely and democratically elected,

      determined to unify and use all available resources for putting an early end to the intolerable suffering inflicted on the Citizens of the Mosul Vilayet notably by the present regime in Baghdad which is still illegally occupying and exploiting our ancestral lands;

      expressing our People's heartfelt gratitude for the prompt, generous and practical solidarity which continues to assure our People's physical survival and which must now be redirected towards solidly based and competently managed self-help programs providing for the effective relief, redress and recovery of our People's, our society's and our individual Citizens' body and soul;

       trusting our neighboring countries and our friends everywhere to grant us the indispensable confidence, political support and moral and material assistance which will help setting our People on the road to what the future may hold for us which is, God willing, that our People become a reliable factor which actively, responsibly and with dignity will contribute to the region's stability, security and prosperity, to the health of the world economy through reliable petroleum supplies, and to enhanced tolerance and harmony particularly among those peoples believing in the One God;

      stressing that we need now an effective interim shield against any and all further abuses and atrocities committed under the cover of "arabization" by a manifestly irresponsible government which, over the past 60 years, persistently failed to honor many of its solemnly undertaken international obligations, which can no longer be trusted, and which thus has handed all peace-loving, law-abiding and responsible peoples and their leaders not only an opportunity but an obligation to promptly liberate all indigenous inhabitants of the Mosul Vilayet from the bloody claws of the perennial hostage-takers of Baghdad, to whose rule we have anyway never freely consented, and to place the custody of our People temporarily back into the hands of the international community, assuming this to be agreeable to the United Nations General Assembly, with the local institutions and administrations being developed on the basis of existing social structures with the help of a UN-assisted Coalition Government for Reconstruction and Development of the Mosul Vilayet, presided over by the Council;

      noting that the Council, in the above sense, has admitted in its ranks the leaders of all indigenous ethnic groups, religious communities and principal cultural and business organizations as well as the leaders of the political parties of the Mosul Vilayet, and that itsSecretariat has already completed a census of all households in the liberated part, providing invaluable data for both the rebuilding work and the equitable distribution of future humanitarian aid to all inhabitants, and which will facilitate the democratic exercise of basic freedoms and rights;

      noting that the Council has appointed Najim Omar Khedher AI-Sourchi as the Registrar and Keeper of Records of the Mosul Vilayet, and its Adviser J.Anton Keller as the Mosul Vilayet's Plenipotentiary and Special Representative to the United Nations and its Specialized Agencies, with the right to appoint his Deputies, and that the Council, with the advice and consent of the Parliament, will elect the Members of the Mosul Vilayet's Coalition Government for Reconstruction and Development;

      noting the governing principles and guidelines laid down in the Declaration of Self-Determination of 15 May 1992 and in the supplementary Mosul Vilayet Declaration of today, which are to promote and safeguard notably the internal stability, security and social and economic progress among all Citizens and inhabitants of the Mosul Vilayet;

       appreciating the security and political benefits which have occured to both Switzerland and its neighboring countries from the European Powers' solemn Declaration of 1815 that the "inviolability of Switzerland and its independence of all foreign influences are in the best interest of all of Europe", and drawing inspiration from this and other lessons of history for the formulation of our own policies which are to develop the Mosul Vilayet into a reliable, predictable and mutually beneficial partner, into a stabilizing political catalyst for the entire Middle East and the world as a whole;

      recognizing in particular Turkey's political and security concerns as well as the common Ottoman past, Turkey's economic interests and Iraq's neglect of the property rights of Turkish citizens and Turkomans in the Mosul Vilayet, and recalling the Council's offer to avail its good offices "towards an early cease-fire and a mutually advantageous lasting solution of Turkey's 'Kurdish Question'";

      sharing the view expressed by Prime Minister Demirel in Turkey's Parliament that
"the Turkish-Iraqi border is wrong" (Hürriyet, 8 October 1992), and stressing the opportunity for the present Turkish Government to display leadership in correcting past errors by taking and supporting appropriate initiatives, and by limiting the recognition of Iraq's territorial integrity to its borders of 1925, for the League of Nations Commission of Inquiry on the Mosul Vilayet, in its Report of 16 July 1925 (C.400, M.147, l925), authoritatively concluded:

"It is indisputable that Turkey retains her legal sovereignty over the disputed territory [i.e. the Mosul Vilayet] so long as she does not renounce her rights. Iraq has no legal right or right of conquest over that territory. The Iraq State did not exist at the termination of hostilities. Iraq 'as it actually exists' (Lord Larmoor at Geneva, 1924) can only comprise the undisputed part of the country.";

      noting that the termination of the League of Nations' mandate over the Kingdom of Iraq was strictly tied to the condition of reliably "fixed frontiers", that the Iraqi Government, in its Memorandum of 12 July 1932, stated "Iraq possesses well-defined frontiers with all limitrophe States" (A.17.1932.VII, League of Nations Publications, Geneva 1932), that this affirmation lead the League of Nations Assembly to grant the Iraqi request for admission to the League on 3 October 1932, thus terminating the League mandate and granting conditional independence to the Kingdom of Iraq, and that in light of the above and, notably, the perennial lraqi-Kuwaiti border problems, and the related findings of the UN Commission set up under the Security Council Resolution 687, this Iraqi information has turned out to be inexact and may provide the basis for corresponding actions by the appropriate United Nations body;

      noting that the Iraqi Vice Prime Minister Tariq Aziz, in January 1992, stated to the UN Special Rapporteur Max van der Stoel that "Iraq would be the first to recognize Kurdish independence" (E/CN.4/1992/31, paragraph 108), that the Permanent Court of International Justice, in the Greenland case, ruled that a Norwegian Minister's oral declaration of non-interest is binding on Norway, and that, in view of the above and in international law, Iraq's sovereignty and territorial integrity are limited to the Basra and the Baghdad Vilayets also by Iraq's own implicit admission, i.e. and unless told otherwise by the International Court of Justice, the UN is in law not dependent on Baghdad for carrying out its humanitarian resolutions in the Mosul Vilayet, and that the application of its embargo resolution 661 to the Mosul Vilayet has also lacked a proper legal basis;

      noting that in light of the aforesaid, a key requirement, in international law, for acquiring national independence, is met in as much as our peoples are in effective control of some of their ancestral lands, but that the damage done over generations to the inhabitants of the Mosul Vilayet, to their property and to their social fabric are of such a dimension that, first of all and for an unforeseeably long period of time, a humanitarian solution is imperatively to be found to this specific humanitarian problem, that the responsible and regionally stabilizing exercise of our People's inalienable right to self-determination must await the effective healing of the profound wounds cut through all of our society, and that we must also succeed in establishing more stable social, economic and political conditions and institutions, all without prejudice to our People's future, including our decision, in the event within the framework of the UN's Trusteeship System, to seek independence or reattachment to either Iraq or Turkey;

      stressing our availability to cooperate fully with the United Nations, notably with regard to its resolutions 688 and 706, as well as with governments, non-governmental organizations and private companies, in order to prevent further man-made disasters in the Mosul Vilayet, to provide effective relief and to facilitate the reconstruction and development, to which effect the Council has mandated the Special Representative who will also be available for facilitating the resolution of other humanitarian problems resulting from the Gulf conflict;

      therefore, in exercising our fundamental rights as a liberated People living peacefully on our own ancestral lands, after we have taken advice and deliberated freely and in a spirit of unity and care for the common wealth and the legitimate interests and aspirations of all ethnic groups, religious communities and individual Citizens of the Mosul Vilayet, we hereby solemnly:

      declare the territory of the Mosul Vilayet to be independent from Iraq, due to the failure of Iraq to honor its minority protection and other "obligations of international concern" which have been inseparably linked to the conditional attachment of the Mosul Vilayet to Iraq in 1926, to the termination of the League of Nations mandate over Iraq, and to lraq's independence and admission to the League of Nations on 3 October 1932, without, however, calling into question Iraq's territorial integrity in its borders of 1925;

      invite the Government of Turkey to assist us in every possible way in our efforts to liberate the remaining parts of the Mosul Vilayet from Iraqi occupation, and invite the Governments of France, Great Britain, Kuwait, Saudi Arabia and the United States to facilitate the early realization of this liberation with all available means, including the extension of the present no-fly zone to a military interdiction zone down to the 33.5th parallel, thus covering the Mosul Vilayet;

      invite the United Nations General Assembly to exercise its powers and functions with regard to the Iraqi Declaration of 30 May 1932, as provided for in its Resolution [24 (I)] of 12 February 1946, with a view to establish a United Nations Trust Territory over the Mosul Vilayet in accordance with the UN Charter as a humanitarian solution to a humanitarian problem;

      urgently solicit all governments in a position to do so to see to it that the indiscriminate embargo of the United Nations against Iraq (SCR 661) will promply cease to be applied to the liberated part of the Mosul Vilayet, either through corresponding actions by the UN Security Council and/or by way of interpreting the humanitarian intervention resolution 688 and other related texts to take precedence over SCR 661; and

      invite all governments, governmental organizations and non-governmental organizations in a position to do so to effectively help overcome the disastrous effects of the Iraqi Government's life-threatening food, fuel, ciment and salary embargo in the face of harsh climatic conditions, and to participate in the development and realization of mutually beneficial self-help and reconstruction projects which will spare the already over-burdened taxpayers in the donor countries.

[adopted by the Mosul Vilayet Council's First General Assembly - held on 19/20 October 1992 in Arbil under the Chairmanship of Mohammad Sidik Mahmoud - and signed by 75 Kurdish and other tribal and community leaders of the Mosul Vilayet]

MOSUL VILAYET DECLARATION - Fourth Declaration - 20 October 1992
[adopted by the Mosul Vilayet Council's First General Assembly - held on 19/20 October 1992 in Arbil under the Chairmanship of Mohammad Sidik Mahmoud - and signed by 75 Kurdish and other tribe leaders of the Mosul Vilayet]

          The Signatory Laeders of the indigenous tribes, ethnic groups, religious communities and academia, as well as the Signatory Landowners of the Mosul Vilayet, subscribing to the principles and objectives enunciated in the Declaration of Self-Determination of 15 May 1992, on behalf of themselves and of those duly represented by them, hereby solemnly declare:

1.     to recognise each other unreservedly, notably with regard to their name, function and power to fully represent their tribe, group or community and its members as constitutive and integral parts of the Mosul Vilayet, whose supreme authority rests with its Citizens as represented in and through the Mosul Vilayet Council (until decided otherwise by their constituents, the signatories of said Declaration of Self-Determination are ex officio Members or Deputy Members of the Council);

2.     to have no territorial or other public claims against each other, to have their land holdings and related rights and obligations registered with the Mosul Vilayet Registrar, to have any ensuing dispute with other proprietors or claimants settled exclusively by peaceful means, such as mediation or arbitration, with the termination of the League of Nations Mandate on 3 October 1932 serving as reference date for property rights, and disputes with foreign cIaimants to be settled under internationally recognized arbitration rules either in a mutually agreed third country or, by default, in Geneva,
     and to settle among themselves, or to have settled among their constituents, whatever claims, disputes or feuds that may arise in the future exclusively by peaceful means respecting the Rule of Law, their traditions and the overriding interests of their union enrooted in the Mosul Vilayet territory, as defined by the Mosul Vilayet Council;

3.     to accept all ancestral tribes, ethnic groups and religious communities of the Mosul Vilayet to be equitably represented in all institutions of the Mosul Vilayet by their duly elected representatives, it being understood that the above fundamental principles are to be subscribed to analoguously by the latter;

4.     to guarantee the unimpeded and fully exempted application of the landownership title of 15 May 1992, which is to help secure the start-up financing of the liberation of the Mosul Vilayet, to do everything in their power which may contribute to the achievement of this primary goal, and to abstain from all actions and inactions which might harm the chances of early realization of the ultimate objective thus defined as the "international recognition and enforcement of the inalienable right of the Kurdish and other peoples inhabiting the Mosul Vilayet to self-determination"; and

5.     to provide - as best as each can - for the financing of the political, reconstruction and development work which is to be carried out under the leadership of the Mosul Vilayet Council

a)     initially:  by way of Council-guaranteed and secured loans and other available facilities which are to secure notably the work of the Council's Special Representative abroad,

b)     for a period of at least one generation:  by way of a reconstruction and education duty which shall guarantee to all private and public landowners a fully exempted and liberated royalty of no less than ten percent of the net export earnings on all mineral resources extracted from their duly registered and non-exempted land in the Mosul Vilayet (with the revenues thus generated to be administered - in the event in cooperation with the United Nations - by the organs thus designated and controlled by the Mosul Vilayet Council which is to guarantee the equitable and decentralized application of these revenues),

c)     permanently:  by way of an appropriate administrative and defense levy on all contracts and concessions invoIving water rights, mineral resources and other assets subject to regulation by the Mosul Vilayet Council, the proceeds of which are to be administered exclusively by those charged with the corresponding executive responsibilities.


UNITY DECLARATION
Fifth Declaration - 31 May 1994 (*)
     The undersigned representatives of the ethnic, religious and other communities and political parties of the Mosul Vilayet (Northern Iraq),

     recognizing their individual and joint responsibility to bring about and to maintain peace, security, prosperity and social justice in those parts of the Mosul Vilayet which are already, or will be liberated from the tutelage, oppression and economic plundering carried out by successive Iraqi regimes in violation notably of the constitutive and still fully valid Iraqi Declaration of 30 May 1932 (United Nations Document E/CN.4/Sub.2/1992/NGO/27),

     aware of the critical importance of the unity of purpose, will and action of all concerned for the achievement of any real progress towards the common goal for an unprejudicial interim solution, which is to provide, under effective international protection and free of external constraints, for the self-financed rebuilding of the Mosul Vilayet's multi-ethnic, multi-religious and pluri-cultural community as a pre-condition for the responsible exercice of its inhabitants' right to self-determination, with the eventual effect of the Mosul Vilayet's re-attachment to Iraq or Turkey, attachment to Iran or Syria, or independence, as outlined in United Nations Document E/CN.4/1994/NGO/48,

     desirous to contribute whatever is in their power, and to fully use the available assistance from abroad for the prompt development and implementation of such aregionally stabilizing interim solution which is to provide for the security, dignity and prosperity of the inhabitants of the Mosul Vilayet in line with their treaty-based "international guarantees" and other rights:

1.     fully subscribe to the objectives, ways and means outlined or specified in the "Declaration of Self-Determination" and the "Mandate and Landownership Title", both signed in Ankara on 15 May 1992, as well as in the "Declaration of Separation from Iraq" and the "Mosul Vilayet Declaration" (concerning property rights and mandatory rules and procedures for resolving all related conflicts), both signed in Arbil on 20 October 1992;

2.     invite all past and present owners of land situated in the Mosul Vilayet to co-sign, support and loyally implement the above specified and related documents, to register their corresponding titles and rights with the Mosul Vilayet Registry (whose present office holders are Najim Omar Khedher Al-Sourchi, Arbil, and Sheik Salar Al-Hafeed, Suleimanyia), and to faithfully adhere to the principles, rights and obligations thus fixed in order to lastingly overcome some actual problems of conflicting claims and to provide for the peaceful, secure and equitable enjoyment of the Mosul Vilayet's plentiful resources by all of its inhabitants;

3.     invite all in a position to help (governments, United Nations Agencies, non-governmental organizations, private firms, etc.) to promptly assist in the development and implementation of a comprehensive de-mining programme covering the liberated part of the Mosul Vilayet and which is to be funded on the basis of the locally available resources in line with UN Security Council resolution 688, independent of actions eventually taken by the Iraqi government or the UN Security Council with regard to Iraq.

_________________

(*)     At the request of the leadership of the Mosul Vilayet Council (MVC), this Declaration, those previously adopted and the Statute of the Mosul Vilayet Council were developed in consultation with representatives of Allied governments by the CORUM Research Group. It was aimed at resolving some festering key problems - notably the landownership dispute - underlaying the fighting which broke out again beginning of May 1994 between the peshmergas (militias) of two of the three major political parties, i.e. the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK).  The current presidents of the ruling parties, Massoud BARZANI (KDP) and Jalal TALABANI (PUK), have from the outset in 1992 personally pledged their full support for the implementation of this non-prejudicial interim solution - provided the Allied governments unambiguously "give the green light".  This 1994 Declaration has been signed notably by the mayors of the following and other districts of the Mosul Vilayet (to the North of the Baghdad Vilayet):
11th March, Arab & Qala, Bahar & Nawruz, Khanaqa, Mufti & Mantikawa, Mustawfi & Karama, Rizgari, Saidawi, Shorish, etc.  Among the initial signatories, numerous judges, lawyers, educators, professionals and landowners of the Mosul Vilayet are found, as well as the presidents of all other 19 political parties of the liberated part of the Mosul Vilayet (for political key signatures, see below or at www.solami.com/mvc.jpg).  The latter signatories are:


 Other signatories include key members of the PUK and the KDP, over 500 personalities of the Arab, Assyrian, Kurdish and Turkoman communities, and key representatives of all religious, cultural and business communities. According to the draft MVC Statute (provisional Constitution), the latter are "Candidates for ad personam MVC membership" who will be called upon for public service based on their background and competence.
 
Bet-Nahrain Democratic Party (Eshaya Hurmuz DAWOUD),
Centre of Culture and Support from Christians (Fuad Askander ALAKA),
Iraqi Democratic Salvation Movement (Abu Haider AL-WASITY),
Iraqi Turkman Union Party (Saifaddin DAMIRCHI),
Islamic National Movement in Kurdistan (A. MOUSTAFA),
Islamic Unity Party (Sarwan Majeed AHMED),
Kurdistan Conservative Party (Omar Khidher AL-SOURCHI),
Kurdistan National Party (Jabar Abdulla Mirza ROSTAMI)
Kurdistan Old Fighters Society (Muhammed Ismaeel HAMAD),
Kurdistan Rizgari Party (Rekar Aziz AHMED),
Kurdistan Union of Independence (Renas MUHAMMED),
Kurdistany Socialist Party (Moohamad Haji Mahmood GOLA-KHAN),
Kurdish Nationalist Society (Bakhtiar Shawkat ZANGANA),
Kurdish Nationalist Society - Progressive Leadership (Ghafour MAKHMOURY),
Turkman Brotherhood Party (Waleed Muhammed Salih SHARIKA),
Turkman Union Party (Riyaz SARIKAHYA),
Turkoman Woman Union (Nergiz Abdulla AZIZ),
Work Party for Kurdish Independence (Wirya SAEED),
Yazidian Community (Edou Baba SHEIK, MP),


STATUTE of the MOSUL VILAYET COUNCIL(1), (2)

§1     The Mosul Vilayet, unless otherwise agreed upon under United Nations auspices, consists of the territory which is delineated by the present borders with Iran, Turkey, Syria and the Baghdad Vilayet; it covers the Diala District as specified in the League of Nations' Commission of Inquiry Report of 1925(3). The Mosul Vilayet inhabitants, aspiring to overcome their man-made and persistent humanitarian plight with their own legal means and natural resources, in line with the Five Fundamental Declarations(4), will hold a Referendum between 2004 and 2019 on the Mosul Vilayet's re-attachment to either Iraq or Turkey, attachment to Iran or Syria, or independence. This follows its conditional attachment to Iraq in 1926 by the League of Nations and the persistent violations of these conditions by successive Iraqi regimes. And it will be based on articles 1 and 76 of the United Nations Charter and the international minority protection guarantees and obligations(5) which came into force with the independence of the Kingdom of Iraq on 3 October 1932, and for which the responsibility was transferred to the United Nations System by way of the United Nations General Assembly Resolution 24 (I) of 12 February 1946.

§2     In view of this Referendum, the Mosul Vilayet Council (MVC), representing the inhabitants of the Mosul Vilayet as the beneficiaries of these international guarantees and obligations, is to provide for the latter's enforcement by way of an autonomous interim administration of the Mosul Vilayet. Inspired by UN Security Council Resolution 688, it was set up for humanitarian reasons for and by the Peoples concerned as the "Mosul Vilayet's supreme authority in political, economic, cultural and other matters"(6),"wherein all indigenous Arabs, Armenians, Assyrians, Kurds and Turkomans have the right to be equitably represented by their own leaders"(7). As such it "has admitted in its ranks the leaders of all indigenous ethnic groups, religious communities and principal cultural and business organizations as well as the leaders of all political parties of the Mosul Vilayet" (ibid.) which are registered with the General Registry of the Mosul Vilayet. The terms of corresponding United Nations General Assembly Resolutions,Good Neighborhood Agreements and Guarantor Power conditions are reserved.

§3     The Mosul Vilayet Council, through its leadership and specially designated Representatives, represents the Mosul Vilayet in relation to other countries and international organizations. It ratifies all bilateral and multilateral agreements negotiated on its behalf and provides for their strict application by all public authorities of the Mosul Vilayet. It is to protect its territory, citizens and interests against all foreign aggressions with all diplomatic and other means at its disposal and which are incumbent upon it. And it shall develop the capacity to defend the territory of the Mosul Vilayet independently of third parties, so as to reliably carry as soon as possible the responsibilities which are associated with the status of permanent armed neutrality.

§4     The Mosul Vilayet Council, through its organs, particularly through the Coalition Government for Reconstruction and Development whose members it elects and which it presides, is to provide for the security, welfare and education of its citizens and residents, as well as for the full enjoyment of their religious freedoms, cultural rights and minority protection, and other benefits inscribed in the Declaration of the Kingdom of Iraq of 30 May 1932 and in other humanitarian law instruments. It enacts the laws of the land. It is in part funded through the duly registered licencing agreements concerning the exploration or development of the Mosul Vilayet's water, mineral and space resources, as specified in the Mosul Vilayet Declaration of 20 October 1992.

§5     The Mosul Vilayet Council guarantees the independence of the judiciary.

§6     The organs of the Mosul Vilayet Council are for the duration of the emergency and at most until the Referendum:

a)     the General Assembly (MGA) of all MVC Members which serves as the Constituent of a future Parliament with an Upper House (representing minorities, tribes, cities and corporations) and a Lower House (citizens); it is headed by an annually rotating President the MGA elects from among 5 ethnically representative Vice-Presidents and is called into session by the President; it may be called into extraordinary session by each Vice-President or by 20 MVC Members; it elects the duly nominated members of its organs and the auditors;

b)     the Executive Committee (MEC) which, as the nucleus of a future Cabinet, provides for the execution of the MGA resolutions in line with the Five Fundamental Declarations; it adapts and develops the laws of the land and the regulations; it carries out, on urgent matters, the functions of the MVC while the Council is not sitting, and it generally conducts the daily affairs of the MVC under the direction of a Chairperson; it consists of at most 15 MVC Members, nominated by the President, the Vice-Presidents, the Founding Members, the Secretaries, the Speaker, the Registrars and/or the Adviser (MVA); it is served by a Secretariat;

c)     the Coalition Government for Reconstruction and Development (MCG) which constitutes the nucleus of the future Civil Service, building on the existing expertise; under the leadership of the MEC and the Registrars, it is to develop and implement the rehabilitation (e.g. health, education), reconstruction (e.g. re-forestation, transport and telecommunication) and energy development programmes (e.g. electricity, petroleum);

d)     the General Registry of the Mosul Vilayet (MVR) which, as the special emergency agency, is to provide for the humanitarian and development programmes in the fields of security (de-mining, armed forces), political (parties, associations), economic (real estate registry, distribution of foreign relief), civil (citizenship, residency) and cultural structures (protection of national monuments); its headquarters in Arbil and its branch offices in Suleimanyia, Dohuk etc. shall be headed by Registrars whose provisional appointment by the Adviser shall be confirmed by the MVC;

e)     the Office of External Affairs (MEA) which, under the leadership of the Adviser or the Special Representative and his Deputies, is to provide for and carry out the corresponding training and other functions; and

f)     the Conciliation and Arbitration Commission (CAC) which, through direct intervention and genuine family assistance, is to stop the vicious cycles of family feuds and killings, and resolve MVC-internal and landownership conflicts, etc.; it works in groups of 3-5 drawn from a list of at most 50 MVC Members, nominated by the President, the Vice-Presidents, the Founding Members, the Secretaries, the Speaker, the Registrars and/or the Adviser; it develops the ordinary dispute resolution mechanisms of the judiciary.

§7     1The Mosul Vilayet Council consists of

a)     ex officio Members (i.e. the tribe leaders, mayors and bâtonniers of district capitals, university rectors, presidents or leaders of registered associations and political parties, members of regional parliaments, etc.);

b)     ad personam Members who are eligible to sit and vote on the Council

  i     for the rest of their life (Founding Members(8), Honorary Members, Merit Members, the Adviser and his designated successors), or

  ii     for renewable five-year periods (Secretaries, Speakers, Special Representatives, Registrars, Internal Auditors, religious and philosophical Wise Men and Women, etc.),

     after the MVC has upheld in secret ballot their nomination.

     2Each MVC Member exercises his/her office without instructions from anybody, after having taken the oath of office before the Spiritual Leader of his/her community by declaring publicly:

     3Each MVC Member has the right to nominate Replacement Candidates for limited-term MVC Members and Candidates for Honorary, Merit or Wise Man/Woman Membership. Each MVC Member has the right to appoint, to be assisted by and to be temporarily replaced on the Council by a Deputy of his/her choice.

     4Each MVC Member may at any time seek to be relieved by the MVC of his/her responsibilities. The Executive Committee may grant such relief provisionally under the conditions it deems appropriate and indicated under the circumstances. The MVC may ratify, alter or reject the MEC's ruling.

§8     The MVC and its organs decide by consensus or, if formally requested, by a majority of their members secretly polled in due course. They develop their own MEC-approved by-laws which are to facilitate their work and provide immunity to each MVC Member and his/her family against prosecution, taxation, etc. Each Member answers before the MVC for his/her actions and omissions. He/she is responsible for what goes right or wrong in his/her fields of responsibility. Disciplinary measures are reserved to the MVC; they require a 2/3 majority of all MVC members, based on a contradictory hearing and a published CAC report, and they may include temporary suspension of privileges, confiscation of illegally obtained property, and/or expulsion from the MVC.

§9     Personal disputes involving, or among MVC Members must not be discussed or sought to be resolved outside the circle of MVC Members and their staff. In the event, a dispute shall be brought before the Conciliation and Arbitration Commission. If no mutually satisfactory settlement is achieved among the parties to the dispute, the Founding Members or their designated successors chosen from among the Honorary Members - minus, in the event, the opposing MVC Member(s) - shall hear the case and make a final and mutually binding ruling which provides satisfaction and proper compensation to the offended party, does the least harm to, and in fact favors most the realization of the Mosul Vilayet.
 

NOTES

(1)Provisional Constitution  (see also draft Constitution of the Federal Republic of Iraq, www.solami.com/constitution)
(2)draft of 14 September 1994, to be submitted for consideration, adoption and putting into force at the next General Assembly of the Mosul Vilayet Council
(3)    Question of the Frontier between Turkey and Iraq, 16 July 1925, League of Nations Publication C400 M147 1925.
(4)Declaration of Self-Determination of 15 May 1992,   Declaration on Religious Matters of 30 May 1992,   Declaration of Separation from Iraq,   Mosul Vilayet Declaration, both of 20 October 1992, and   Unity Declaration of 31 May 1994.
(5)    United Nations Document E/CN.4/Sub.2/1992/NGO/27, Annex
(6)Vivant Sequentes - Declaration on Religious Matters, 30 May 1992 (Second Declaration)
(7)Declaration of Separation from Iraq of 20 October 1992 (Third Declaration), Preamble.
(8)    The constitutive 1992 Declaration of Self-Determination was edited and signed by these Founding Members:
General Aziz Rashid Akrawy (Secretary, until his death in 1999), Omar Khedher Hamad Al-Sourchi (initial Secretary), Abdul Kader Brefcani (Speaker), Sheik Salar M.Hasan Hafeed (Registrar for Suleimanyia as confirmed in 1994 by the signatories of the Unity Declaration), J.A.Keller (Adviser), Aako Abbas Mamend Hamad,Mohammad Sidik Mahmoud (Chairman of the Mosul Vilayet Council's First General Assembly, held on 19/20 October 1992 in Arbil; MVC Secretary-General a.i. since 1999) Moushir Hadi Ahmad, Zaid Omar Khedher, Taher Gazee Fatah, Mohammad Mahmood Harony, Said Mahmood Khaleefa, Ibrahim Ali Malo,Hussein Mohammad Othman.  As such, they were confirmed by the MVC's First General Assembly of October 1992, as was Najim Omar Khedher Al-Sourchi (Registrar and Keeper of Records of the Mosul Vilayet) the Adviser, and his designated successors.
This list may be complemented upon nomination by at least five Founding Members. The signatories of the Fundamental Declarations of 1992 and the participants of the 19/20 October 1992 MVC General Assembly are Honoray Members. The signatories of the Unity Declaration of 31 May 1994 are Candidates for ad personam MVC membership.
 
 
 


SOLIDARITY DECLARATION
Sixth Declaration  -  16 October 2001

The undersigned personalities and representatives of the ethnic, religious and other communities and political parties of the Mosul Vilayet (Northern Iraq),

wishing to go, as far as is possible and helpful for all concerned, beyond expressing our deeply felt sympathy with the families of the victims of the watershed events which have taken place since 11 September 2001 in New York, Washington and elsewhere, all of whom being victims of misguided humans who were driven to put their self and their aspirations above the sanctity of life;

keeping in mind our own painful experiences with terrorism, recognizing that each of us has the right to err inasmuch as he heeds the inseparable obligation to admit a mistake, and trusting the most effective way to undercut the likelihood of further barbaric and civilization-retarding acts to be found on the educational front and on the individual level, with myths separated from reality, with religious underpinnings of life-despising behavior dismanteled, and with individual and communal respect for the sanctity of life thus effectively promoted;

noting that one of the most noble rights and obligations of any sovereign is the protection granted to those he freely admitted to his house, and that history is awash with wars which have their origin in the exercise of these very sovereign rights,
but that these rights have always been balanced with obligations which, in the words of Switzerland's original Federal Pact of 1291, may even today serve as a source of inspiration for the powers that be:

"He who, with intent and without being provoked, caused somebody's death, shall, as is indicated by the infamy of this crime and unless he can show his innocence, be put to death when he is caught; if he escaped he shall never be allowed to return. Those giving shelter and protection to such an evil person shall be banned from these valleys unless the Confederates have called them back.
He who, with intent, by day or in the dark of the night, set fire to the property of a Confederate, shall have lost forever his rights as a member of our Communities, and he who shelters and protects this offender shall in our valleys compensate the injured.";
aware of the obliging, more than three thousand years old cultural heritage of our Assyrian, Chaldean, Medean, Sumerian and other ancestors of Mesopotamia, and recognizing that as members of the constitutive groups, tribes and communities of the Land of the two Rivers, we were not only entrusted with the upkeep of the cradle of mankind, but we also find ourselves straddled on the pathway to the common roots of our One God religions, for which reason we have taken counsel among ourselves, deliberated and formulated principles, ideas and landownership regulations(1) laid out in the present and, notably in our Unity Declaration of 31 May 1994(2), all of which we herewith solemnly reconfirm;

reiterating our belief, as expressed in our Vivant Sequentes Declaration of 30 May 1992(3):

"The messages of the One God have been communicated to man in numerous forms in response to the conditions of the time. The transcriptions of these messages are works of humans. And though their interpretations have evolved over time in light of changed circumstances, new needs and additional divine messages, the proper understanding and application of all these messages is not the birth right of any one man or institution, but is the fruit of individual soul-searching, modesty and tolerance. Accordingly, none of the daughters of Jerusalem has a rightful exclusive claim to the stone of wisdom, none has a monopoly for good ideas, and every one of them is but a contributing element, a guidepost of limited perfection and reliability in the spiritual and material evolution of each individual in his or her pursuit of self-fulfilment.";
noting that the Grand Imam of Al Azhar Dr. Mohamed Sayed Tantaoui declared in 1998, in response to the proposal to set up in the midst of the cradle of civilization - i.e. in the Mosul Vilayet - an international institute for the study of the roots of Islam, particularly those preceding Judean and Christian traditions, with the name of SLM Center: inasmuch as the Declaration of the Kingdom of Iraq of 30 May 1932(4) is still valid and binding upon all parties concerned, notably its
Article 5     "Iraqi nationals who belong to racial, religious or linguistic minorities will enjoy the same treatment and security in law and in fact as other Iraqi nationals. In particular, they shall have an equal right to maintain, manage and control at their own expense, or to establish in the future, charitable, religious and social institutions, schools and other educational establishments, with the right to use their own language and to exercise their religion freely therein."

Article 7     "1.     The Iraqi Government undertakes to grant full protection, facilities and authorisation to the churches, synagogues, cemeteries and other religious establishments, charitable works and pious foundations of minority religious communities existing in Iraq.
     2.     Each of these communities shall have the right of establishing councils, in important administrative districts, competent to administer pious foundations and charitable bequests. These councils shall be competent to deal with the collection of income derived therefrom, and the expenditure thereof in accordance with the wishes of the donor or with the custom in use among the community. These communities shall also undertake the supervision of the property of orphans, in accordance with law. The councils referred to above shall be under the supervision of the Government.
     3.     The Iraqi Government will not refuse, for the formation of new religious or charitable institutions, any of the necessary facilities which may be guaranteed to existing institutions of that nature."

Article 9     "1.     Iraq undertakes that in the liwas of Mosul, Arbil, Kirkuk and Sulaimaniya, the official language, side by side with Arabic, shall be Kurdish in the qadhas in which the population is predominantly of Kurdish race.
     In the qadhas of Kifri and Kirkuk, however, in the liwa of Kirkuk, where a considerable part of the population is of Turcoman race, the official language, side by side with Arabic, shall be either Kurdish or Turkish.
     2.     Iraq undertakes that in the said qadhas the officials shall, subject to justifiable exceptions, have a competent knowledge of Kurdish or Turkish as the case may be.
     3.     Although in these qadhas the criterion for the choice of officials will be, as in the rest of Iraq, efficiency and knowledge of the language, rather than race, Iraq undertakes that the officials shall, as hitherto, be selected, so far as possible, from among Iraqis from one or other of these qadhas."

Article 10     "The stipulations of the foregoing articles of this Declaration, so far as they affect persons belonging to racial, religious or linguistic minorities, are declared to constitute obligations of international concern and will be placed under the guarantee of the League of Nations. No modification will be made in them without the assent of a majority of the Council of the League of Nations.
     Any Member of the League represented on the Council shall have the right to bring to the attention of the Council any infraction or danger of infraction of any of these stipulations, and the Council may thereupon take such measures and give such directions as it may deem proper and effective in the circumstances.
     Any difference of opinion as to questions of law or fact arising out of these articles between Iraq and any Member of the League represented on the Council shall be held to be a dispute of an international character under Article 14 of the Covenant of the League of Nations. Any such dispute shall, if the other party thereto demands, be referred to the Permanent Court of International Justice. The decision of the Permanent Court shall be final and shall have the same force and effect as an award under Article 13 of the Covenant."

Article 14          "Aquired Rights and Financial Obligations     Iraq, taking note of the resolution of the Council of the League of Nations of September 15th 1925:
     1.     Declares that all rights of whatever nature acquired before the termination of the mandatory regime by individuals, associations or juridical persons shall be respected.
     2.     Undertakes to respect and fulfil all financial obligations of whatever nature assumed on Iraq's behalf by the Mandatory Power during the period of the Mandate.";

noting these minority protection rights, obligations and guarantees to reflect the League of Nations' formula for seeking to securitise numerous minorities in Europe, the Middle East and elsewhere which were uprooted by border changes in the wake of World War I (5); pertaining to life, liberty profession, property and political assembly "without distinction of birth, nationality, language, race or religion"(6), in each case they were declared to take precedence over any national "law, regulation or official action"(7),  they could not be modified without the assent of the majority of the Council of the League of Nations, they were declared to "constitute obligations of international concern and will be placed under the guarantee of the League of Nations"(8) and, inasmuch as victims of current and future conflicts and changes of international borders might be effectively securitised, socially and politically stabilised, and economically reinvigorated with the help of similar internationally guaranteed minority protection rights, it befits true leaders to effectively address some still festering wounds of the Ottoman Empire breakup and to strengthen diplomacy by acting on the opportunities entailed in, and by honoring these past commitments;

noting the UN Secretariat's 1950 "Study on the Legal Validity of the Undertakings Concerning Minorities"(9) to have specified on Iraq:

noting that the International Court of Justice, in its Advisory Opinion on the analoguous South African mandate of June 1950, expressed the opinion: noting Sadruddin Aga Khan's 1992 proposal to consider applying the "League obligations ... with respect to Iraq and the former Yugoslavia"(11);
..
noting the ideas introduced 1994 at the United Nations Commission on Human Rights(12)
    "10.    As suggested for the cases of former Yugoslavia[13] and others, the measures thus envisaged could take the form of temporary United Nations Protectorates, Trusteeships or similar arrangements. They could significantly - and in a mutually stabilizing manner - alter the political equation in the respective region. They could precede and facilitate the lifting of the economic sanctions on all of Iraq.
    11.    The proposed measures could bring to the populations concerned the overdue relief, without prejudice to their ultimate political fate. In the case of the Mosul Vilayet's Yezidi and the Muslim, Christian and Jewish Arabs, Armenians, Assyrians, Kurds, Turkomans and others, this would entail in time the eventual, freely-decided re-attachment of their ancestors' territory to either Iraq or Turkey, its attachment to Syria or Iran, or its eventual independence.
    12.   Also, in the cases of the Christian, Shiite and Sunnite inhabitants of the Baghdad and the Basra vilayets, further developments are conceivable which seem worthy of these peoples' great cultural past. This might include interim solutions for Palestinians of all faiths who, in the event, may need complementary solutions and fallback positions. However, that road may be opened only by a deliberate - and sanctions-relevant - dissolution of existing structures into a federated state involving notably the Kingdom of Jordan.";
inasmuch as the powers that be find it indicated to uphold, respect and enforce the assessment made in a United Nations report of April 1992:
          "The articles mentioned above, some of which have a direct bearing on the question of oil ownership, could not have been unilaterally abrogated by Iraq and consequently, remain fully in force.
         Since the Iraqi invasion of Kuwait, Iraq has been repeatedly condemned for grave breaches of international norms.  Yet the Security Council has throughout affirmed the commitment of all Member States to the "independence, sovereignty and territorial integrity of Iraq." (Resolutions 686 and 688). Given the implications of the League of Nations documents, Iraq's "sovereignty and territorial integrity" under international law are conditioned; use of these terms in official UN documents does not convey rights Iraq has not acquired in due course.
         With regard to the oil ownership question, these documents provide a prima facie ownership case in favor of some Turkish citizens and Kurdish tribes in whose ancestral lands the largest oil field, in Kirkuk, is situated.  Accordingly, the seizure protection wording of Resolution 712, paragraph 5, may not stand in a tribunal.  It is thus advisable to execute Resolutions 706 and 712 either exclusively on the basis of oil pumped from uncontested Iraqi fields not in the Mosul Vilayet area or on the basis of corresponding agreements with the Turkish Government and the involved Kurdish tribes.";
inasmuch as we, both individually and jointly, thus are endowed with special rights, obligations and privileges in religious, cultural and economic matters which, in international law, have never been abrogated, changed or diminished;

inasmuch as the acknowledgement is still valid, which the Director of the "Office of the Executive Delegate of the Secretary-General for a United Nations Inter-Agency Humanitarian Programme for Iraq, Kuwait and the Iraq/Turkey and Iraq/Iran border areas" expressed with his letter of 19 November 1991, concerning "drilled and capped oil wells in Kurdish controlled territory in Iraq", i.e. Europe's strategic oil reserve:

"We take note of your expressed intention to demonstrate the technical feasibility of making these wells produce, and of applying the proceeds to Iraq's humanitarian needs."; and
inasmuch as the petroleum exports under the United Nations' "oil-for-food" program have originated from oil fields which, in international law, are thus still the exclusive property of the tribes, communities and families who, already prior to Iraq's ascension to internationally recognized statehood, held legal title to these properties in the Mosul Vilayet:

therefore

1.    fully support the solidarity measures of the leaders of the Syan and Mama Seny and other tribes on whose ancestral lands the Kirkuk oil field is situated, and join them in their decision to allocate from the proceeds of petroleum exports from their Kirkuk fields one billion US dollars to the families of victims of the watershed events which have taken place since 11 September 2001, and request the United Nations Secretary General to see to it, in cooperation with our Representative(14), that the corresponding funds currently held in escrow by the United Nations are promptly transferred to the families concerned;

2.    invite both the leaders and adherents of the One God religions, as well as the interested governments, governmental and non-governmental organizations, to actively support the establishment and operation of an international institute in the Mosul Vilayet dedicated to the study of the roots of the One God religions, particularly those preceding Judean and Christian traditions, with the name of SLM Center with contributing institutions set up - or annexed to existing ones - in Cairo, Geneva, Jerusalem, Jesalem and Rome;

3.    invite the United Nations member governments in a position to do so, notably those represented in the United Nations Security Council, to actively facilitate the prompt establishment and operation of the SLM Center in the Mosul Vilayet, and to refrain from all contrary decisions and actions, including the self-financing of this and other humanitarian programs in the fields of de-mining, re-forestation, education (e.g. Project Plato) and food (e.g. Project Ceres) through lifting of all current economic and political restraints, notably on the development and exportation of locally available petroleum resources, as well as the establishment and operation for humanitarian purposes of a civil airlink between Geneva and Arbil (Northern Iraq); and

4.    invite the Governments of the Swiss Confederation and of the Republic and Canton of Geneva to do everything in their power - including the provision of travel documents and visas - which facilitates, and to refrain from everything which might jeopardize the establishment and/or operation of
    a)    the Swiss-based SLM Foundation,
    b)    the Geneva-based affiliate of the SLM Center,
    c)    the regular humanitarian airlink between Geneva and Arbil through the Swiss national airline on the basis of a corresponding shareholding participation by the landowners of the Mosul Vilayet.

NOTES

(1) Mosul Vilayet Declaration, 20 October 1992
(2) Unity Declaration, 31 May 1994 (for political key signatures, see below and at www.solami.com/mvcsig.jpg)
    At the request of the leadership of the Mosul Vilayet Council (MVC), this Declaration, those previously adopted and the Statute of the Mosul Vilayet Council were developed in consultation with representatives of Allied governments by the CORUM Research Group. It was aimed at resolving some festering key problems - notably the landownership dispute - underlaying the fighting which broke out again beginning of May 1994 between the peshmergas (militias) of two of the three major political parties, i.e. the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK).  The current presidents of the ruling parties, Massoud BARZANI (KDP) and Jalal TALABANI (PUK), have from the outset in 1992 personally pledged their full support for the implementation of this non-prejudicial interim solution - provided the Allied governments unambiguously "give the green light".  This 1994 Declaration has been signed notably by the mayors of the following and other districts of the Mosul Vilayet:
11th March, Arab & Qala, Bahar & Nawruz, Khanaqa, Mufti & Mantikawa, Mustawfi & Karama, Rizgari, Saidawi, Shorish, etc.  Among the initial signatories, numerous judges, lawyers, educators, professionals and landowners of the Mosul Vilayet are found, as well as the presidents of all other 17 political parties of the liberated part of the Mosul Vilayet.  The latter signatories are:

Bet-Nahrain Democratic Party (Eshaya Hurmuz DAWOUD),
Centre of Culture and Support from Christians (Fuad Askander ALAKA),
Iraqi Democratic Salvation Movement (Abu Haider AL-WASITY),
Iraqi Turkman Union Party (Saifaddin DAMIRCHI),
Islamic National Movement in Kurdistan (A. MOUSTAFA),
Islamic Unity Party (Sarwan Majeed AHMED),
Kurdistan Conservative Party (Omar Khidher AL-SOURCHI),
Kurdistan National Party (Jabar Abdulla Mirza ROSTAMI)
Kurdistan Old Fighters Society (Muhammed Ismaeel HAMAD),
Kurdistan Rizgari Party (Rekar Aziz AHMED),
Kurdistan Union of Independence (Renas MUHAMMED),
Kurdistany Socialist Party (Moohamad Haji Mahmood GOLA-KHAN),
Kurdish Nationalist Society (Bakhtiar Shawkat ZANGANA),
Kurdish Nationalist Society - Progressive Leadership (Ghafour MAKHMOURY),
Turkman Brotherhood Party (Waleed Muhammed Salih SHARIKA),
Turkman Union Party (Riyaz SARIKAHYA),
Turkoman Woman Union (Nergiz Abdulla AZIZ),
Work Party for Kurdish Independence (Wirya SAEED),
Yazidian Community (Edou Baba SHEIK, MP),
     Other signatories include key members of the PUK and the KDP, over 500 personalities of the Arab, Assyrian, Kurdish and Turkoman communities, and key representatives of all religious, cultural and business communities. According to the draft MVC Statute (provisional Constitution), the latter are "Candidates for ad personam MVC membership" who will be called upon for public service based on their background and competence.
(3) Vivant Sequentes Declaration of 30 May 1992/97
(4)    "Declaration of the Kingdom of Iraq, made at Baghdad on May 30th, 1932, on the occasion of the termination of the Mandatory Regime in Iraq, and containing the Guarantees given to the Council by the Iraqi Government", A.17.1932.VII (VII.Political.1932.VII.9), 16 August 1932
(5)    J.A.Keller, "Minorities Then, Now and Hence", Statement by the ICESC Permanent Representative
to the UN Working Group on Minorities of 30 August 1995
(6) art.2, Treaty of St-Germain-en-Laye of 10 September 1919, Parry, CTS 226, 182, also reproduced in: E/CN.4/Sub.2/1993/NGO/29, annex
(7) art.1, ibid.
(8)    art.10, Iraqi Declaration of 1932, essentially identical with art.11, Treaty of St-Germain-en-Laye, op.cit
(9) E/CN.4/367
(10) I.C.J. Reports 1950, p.133
(11)    "Humanitarian Relief Aid: Does it Protect the Needy?", Sorbonne speech, 25 October 1992
(12)    "Proposed Conflict Resolution Pathways for Iraq", E/CN.4/1994/NGO/48,  4 March 1994
[13] E/CN.4/Sub.2/l993/NGO/29
(14)    http://www.solami.com/a31.htm#Adviser J.Anton Keller

Press Release of 17 October 2001 (at:  www.solami.com/PR01e.htm)
 

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Good Offices Group of European Lawmakers
box 2580  -  1211 Geneva 2  -  t+f:  +4122-7400362  -  swissbit@solami.com  -  www.solami.com/a33a.htm
 
 

TO WHOM IT MAY CONCERN

This is to attest that, in the presence of the undersigned,

on May 15, 1992, the Declaration on Self-Determination (www.solami.com/a31.htm) was adopted in Ankara, designating as co-founders and Secretaries of the Mosul Vilayet Council (MVC: www.solami.com/mvc.htm)
    Omar Khedher Hamad Al-Sourchi and
    General Aziz Rasid Akrawy;

ten years ago, on October 19/20, 1992, under the chairmanship of Mohammad Sidik Mahmoud, the MVC held its first General Assembly in Arbil, adopting inter alia a resolution which provided for the conditional election of the initial leaders of the MVC, incl. said residents of the Mosul Vilayet;

on November 3, 1992, Omar Sourchi declared himself unable to carry out the functions he was solemnly and conditionally entrusted with by more than 100 leaders of the Mosul Vilayet's towns and villages, as well as by its religious, professional and ethnic communities, incl. its Arab, Assyrian (www.solami.com/assyriansawake.htm), Kurdish and Turkoman parties and tribes, thus automatically suspending all of his related rights and privileges until the MVC, in the event, will have examined the circumstances and assessed the responsibilities and obligations arising from this volontary abdication of shared power; and

on March 9, 1999, upon the passing away of the other MVC secretary, General Aziz Akrawy, Mohammad Sidik Mahmoud was recognized as MVC Secretary-General a.i., with the operative responsibilities inside the Mosul Vilayet remaining in the hands of those initially appointed by the first MVC General Assembly, and later confirmed by the signatories of the Unity Declaration of May 31, 1994, i.e. the Mosul Vilayet Registry office holders Najim Khedher Al-Sourchi, for Arbil, and Sheik Salar Al-Hafeed, for Suleimanyia.

Accordingly, all concerned are herewith invited to share our lasting memory of those who have contributed their best to a noble cause transcending national bounderies, ethnic rivalries and religious fixtures (www.solami.com/slm.htm).  The undersigned keeps a particularly warm memory of a loyal friend and principled comrade-in-arms, Aziz Akrawy.  He is confident that those who have accepted responsibility for advancing the common good (www.solami.com/babylon2.htm) will not only be judged by their good intentions, but also for their corresponding actions and inactions (www.solami.com/bremer2.htm).  And he invites all in a position to do so to extend to the persons thus mentioned the respect, courtesy and privileges they deserve and which are normally accorded to persons of their rank.
 

Geneva, October 20, 2002

Anton Keller, Secretary
Good Offices Group of European Lawmakers




MOSUL VILAYET COUNCIL
GENERAL REGISTRY
Hay Alwozarah - Arbil, Mosul Vilayet, Iraq

Registry for the District of Arbil
Najim Omar Khedher Al-Sourchi
Registrar and Keeper of Records
mob: +447077522003    t+f: +447043123714
www.solami.com/mvc.htm  ¦  .../UNGA.htm

November 18, 2003
 

 


 
 
 
 
 
 
 
 

H.E. Ambassador L. Paul Bremer III
Chief Administrator, CPA
Baghdad

re: Iraqi olympic athletes training abroad; interim constitution; telecoms in the Mosul Vilayet

Your Excellency,

Iraq’s participation in the Olympic Games in August 2004 will be a defining moment. It will foster the spirit of national unity, reconciliation and reconstruction the more so as Iraq’s athletes will be well prepared. To these effects, we have sought and obtained offers of support by Swiss sports clubs, lawmakers and the Swiss Federal Council. And we are looking forward to work with the Coalition Provisional Administration in order to fully realize the potential of the corresponding training project (www.solami.com/olymp.htm). Please make the necessary arrangements on your side and advise us of how best to communicate with your office on this subject.

The current efforts for developing a new Iraqi Constitution might benefit most if the constitutive and – in international law - still fully valid Declaration of 30 May 1932 (www.solami.com/UNGA.htm) were used at least as the basis for an interim constitution, giving the United Nations an opportunity to activate its dormant role as a garantor of the significant minority & private property protection clauses thus already enacted (www.solami.com/UN92.htm). To these effects, and as outlined in our letters to you of last July and August (www.solami.com/bremer1.htm), we intend to hold as soon as possible a general assembly of our Mosul Vilayet Council which embraces all ethnic tribes and the other constitutive communities of the Mosul Vilayet thus represented through their leaders, including – ex officio - the presidents of all political parties and professional associations. We understand the CAP to have no objection to these treaty-based Iraqi efforts. And we expect your office to give corresponding instructions for facilitating them.

Finally, in the socially, culturally and politically important field of telecommunications, we support the creation of a backbone system accomodating both world standards in mobile and fixed telephony. We are currently discussing corresponding proposals involving such companies as Bechtel, Orascom, Nortel Networks and SR Telecom (www.solami.com/mvcsr.htm). And we’d appreciate your guidance on the responsible CAP officials.

Trusting this to be helpful, we take this opportunity to reassure Your Excellency of our highest considerations, and remain with our best wishes, sincerely yours,

Najim Khedher Al-Sourchi
Registrar & Keeper of Records

cc: Anton Keller, Adviser & Permanent Representative, Geneva (swissbit@solami.com)
Naguib Sawiris, Chairman, Orascom, Cairo (nsawiris@otelecom.com)
Wido Hoville, Vice President, SR Telecom, Montreal (sales@emergingmarketscanada.com)