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:
"In the name of God, the Almighty, I, ..., swear full and unrivaled allegiance to the Mosul Vilayet Council, and I solemnly undertake to do everything in my power, and to contribute whatever I can, towards the early and full realization of its objectives as set out in the Five Fundamental Declarations on the Mosul Vilayet, and I will do nothing which might adversely affect these common efforts, or which would be against the laws of the land: so help me God, Amen."
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 Suleimanya 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.
Copyright 2001
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