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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 74 Kurdish tribe leaders of the Mosul Vilayet]

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