It is clear that some governments in the region, Turkey among them, are actively engaging in an effort to sabotage the implementation of Article 140. It goes without saying that such governments, like Turkey, have NO authority to represent Turkmen in Kirkuk and have no legal entitlement to intervene in the affairs of southern Kurdistan. Likewise, the Islamic Republic of Iran is not a party that is represented under the existing body of law under the Transitional Authority of Iraq.
At issue is whether the Kurdish nation is truly recognized by the international community of nations, and whether it is truly empowered to act as designated in the Iraqi Constitution. If Constitutional law is not a valid criterion for a process to determine the legal integration of Kirkuk, one has to wonder what the status of ANY issue affecting and/or falling under the jurisdiction of the Kurdish Regional Government and its National Assembly is to be. This also includes matters affecting the territorial integrity of the Kurdish Autonomous Region, the Kurdistan Region Guard and the legal rights and Constitutional authority of any governmental entity representing Kurds. If the goal is to deprive the Kurdish nation of political power to establish its own government and negate any authority it may be designated to have under the Iraqi Constitution, this is surely the way to go about it. If that is the case, then, it is surely the prerogative of the Kurdish nation to separate itself in such a manner as to establish and defend its own national sovereignty and territorial integrity. No occupying army or interim Constitution can authorize others to negate the right to representation or the right to establish a government that is fully empowered to act in behalf of the people.
Universal Declaration of Human Rights
Article 15.(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 21.(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
