MESOP DOSSIER: ARBIL CONFERENCE "FROM TOTALITARISM TO DEMOCRACY"
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MESOP DOSSIER
From Totalitarianism to Democracy: Reconciliation andAccountability
in Iraq - Creating a Space for Consultation
Erbil (Kurdistan, Iraq)
Final Communiqué
9 May 2009
Upon the invitation of the 'International Alliance for Justice' led by
Bakhtiar Amin and of 'No Peace Without Justice', in cooperation with
Tolerancy International, and with support from the Iraqi Council of
Representatives, the Kurdistan Parliament-Iraq, the Kurdistan Regional
Government, the Foundation for the Future, and the governments of Italy
and Greece, the International Conference 'From Totalitarianism to
Democracy: Reconciliation and Accountability in Iraq - Creating a
Space for Consultation' was convened from 7 to 9 May 2009 in the
historic city of Erbil, Kurdistan-Iraq.
The Conference gathered the leadership of all Iraq's major political
groupings, representatives of the judiciary, opinion makers and civil
society leaders from across the full diversity of Iraqi society, as
well as senior international experts from four continents with
first-hand experience of making the difficult transition from
totalitarianism to democracy.
The Conference built on the solid foundations and outcomes of previous
discussions of Practical Federalism in Iraq, held in Venice from 18 to
26 July 2006:
in Erbil, Kurdistan'Iraq from 10 to 16 July 2007: Rome from 26 to 27
September 2007: Venice from 18 to 22 December 2007: and Dokan,
Kurdistan-Iraq from 9 to 10 November 2008, previously convened by
the 'International Alliance for Justice' and by 'No Peace Without
Justice'.
The framework for discussions did not seek to promote any particular
preconceived model or solution, but rather to begin a substantive
dialogue and
consultation process focused on how to develop an Iraqi reconciliation
and accountability processes responsive to the aspirations and
expectations of the Iraqi people.
Discussions were conducted in a spirit of acceptance and mutual
respect, and were underpinned by a shared commitment to a coordinated,
national, and truly comprehensive process of accountability and
reconciliation in Iraq.
Within this constructive atmosphere participants discussed in detail
the many specific components of a reconciliation and accountability
process, including its political, economic, and cultural dimensions.
The Conference was opened by HE Massoud Barzani, President of the
Kurdistan Region, and the Presidencies of the Iraqi Council of
Representatives and the Kurdistan Parliament-Iraq.
The International Experts Panel was opened by HE Sadiq Al Mahdi, and
followed by other international guests who shared their first-hand
experience of the policy decisions that have contributed both to the
successes and failures of reconciliation and accountability processes
in other transitioning and post-conflict societies, attesting in this
session to the fact that Iraq is not alone in navigating the difficult
transition from totalitarianism to democracy.
The leaders of the political groups, the chairpersons of the relevant
Parliamentary Committees and representatives of the national and
regional governments provided in the first plenary session a firm
foundation for further discussion with an overview and evaluation of
the reconciliation and accountability processes that have taken place
in Iraq to date, agreeing that these were largely inadequate to
address the full extent of the crimes committed against the Iraqi
people, and redress the diverse experiences of its many victims.
In order to confront in concrete and specific terms the many facets of
accountability and reconciliation, the proceedings continued with a
series of nine parallel sessions, each discussing one of the many
components that might form part of a more comprehensive and
coordinated process of accountability and reconciliation in Iraq.
The topics discussed included: 'Engaging the population in the
accountability and reconciliation process;' 'Measures and processes for
accountability and reconciliation;' 'Redress, Recognition and
Restitution;' 'Security and Military reorganization in the context of
reconciliation and accountability;' 'Managing Diversity and Pluralism
in Iraq: allocating competences across national, regional and
provincial bodies;' 'Iraqi Foreign Relations & Neighbourhood Policy;'
'Cultural, social and educational aspects of accountability and
reconciliation;' and 'Economic reconstruction and oil and gas laws in
the context of reconciliation; and 'Justice for victims, including
IDPs, refugees, displaced, migrants and detainees;''
These discussions led participants to recommend the following practical
steps:
Preliminaries and general principles:
First: The Iraqi accountability and reconciliation process should be
developed as a national strategy responsive to the prevailing social
and political realities of Iraq, not as a response to foreign
impositions.
Second: All political parties, both at a national and regional level,
must make it a priority to articulate a shared concept of
reconciliation so as to secure a common framework for all future
initiatives and discussions. For this purpose, participants at the
Conference agreed that in a national Iraqi context, the concept of
reconciliation includes, at the very least:
- A commitment to justice for the victims of crimes committed by the
former regime, either through prosecution, or for less serious crimes,
through other non-judicial forms of accountability;
- An effort to support the reintegration of members of the former
regime, militia organisations, and others who are not guilty of crimes,
in an effort to support the project of rebuilding Iraqi society and
economy;
- Immediate measures to compensate all victims and their families for
their losses, both financial and psychological;
- Measures to extend the scope of reconciliation beyond the political
leadership, and to reach also those not engaged with the political
process;
- In order to avoid the recurrence of violence, and to protect the
rights of Iraq's countless victims, the requirements of justice and
the rule of law, there cannot be any amnesty for the perpetrators of
crimes against
the civilian population of Iraq;
Practical steps:
1. A database must be established to document the crimes committed by
the former regime against the Iraqi people;
2. To demonstrate its concern and awareness of the suffering of the
Iraqi people caused by the crimes of the former regime, including
genocide against the Iraqi population in Kurdistan Region, central
Iraq, and southern Iraq, the Iraqi State must apologise to its people;
3. In accordance with the international resolutions concerning the
engagement of women in the peace-making process and reconciliation
activities, women should be active and prominent participants in the
reconciliation and accountability process;
4. Political, military, and civilian leaders must look beyond their own
specific interests and be seen to represent all Iraqis equally,
regardless
of their religion, ethnicity, or political affiliation;
5. Decisive measures must be taken to identify and engage all concerned
parties and stakeholders in any reconciliation process in Iraq;
6. In order to build a truly comprehensive reconciliation and
accountability process, any such process must include all Iraqi
communities, regardless of their size;
7. Perpetrators of crimes should be urged to acknowledge these crimes
and apologize to their victims;
8. The criminal prosecution of the perpetrators of all serious crimes
is crucial to establishing a democracy founded on the rule of law,
even if prosecutions are possible only in the most serious cases;
9. Reconciliation should be viewed as the outcome of a process, not as
a beginning. Iraqis should begin this process by allowing all
components of their society to openly express their grief at the
suffering of the past;
10. Financial and administrative corruption must be eliminated from the
government, and structures must be introduced to provide oversight
and accountability as part of the reconciliation process;
11. Compensation procedures for victims and their families should be
clarified and simplified in order to accelerate the compensation
process, and to encourage victims to accept reconciliation and the
possibility of peaceful coexistence;
12. Measures must be taken to provide financial compensation for
missing persons and unjustly imprisoned persons;
13. Measures should be taken to provide financial compensation to all
victims harmed by government policies for the full period from 1963
until the present;
14. The rights of the residents of disputed areas should be restored as
soon as possible, as this unresolved issue presents a serious obstacle
to the reconciliation process;
15. The government should provide assistance and financial support for
IDPs, refugees, displaced persons, and migrants, in order to facilitate
their return to their homes;
16. As an important foundation for a reconciliation process, the Iraqi
army and security services must be rebuilt as a truly national force,
representing equitably all components of the Iraqi people, while
respecting human rights so as to ensure it is never again used as a
means of oppressing the Iraqi people;
17. Build a consistent civil society; and prevent the militarisation of
society, including the recruitment and use of armed groups for
political purposes;
18. All questions concerning the status of armed groups and militias
should be resolved in accordance with the constitution and laws of
Iraq;
19. Citizenship, acceptance, and respect for Iraq's religious, ethnic,
and cultural diversity should be taught in all educational
institutions as a means of promoting national identity and reconciliation;
20. A specialised study centre should be established to document,
promote, and disseminate information about successful reconciliation
initiatives;
21. The full ethnic and religious diversity of Iraq should be reflected
and acknowledged in formal discussions by specific reference to these
religions and ethnicities in the place of generic reference to 'other
religions,' 'other ethnicities,' and 'minorities.'
22. Support the process of building balanced relations with the
international community and urge it to contribute to Iraq's
reconstruction as a means of facilitating the accountability and
reconciliation process;
23. The international community's role and involvement in the
reconciliation process should be structured and determined by the will
of the Iraqi people;
24. The Iraqi government should build relations with other countries
based on mutual interest and the interests of the Iraqi people, and
efforts should be made to resolve pending disagreements;
25. Iraq should distance itself from regional and international conflicts;
26. Cooperation and collaboration with the international community
should be extended to include also cultural and educational support;
27. Iraq must continue to uphold its international and constitutional
obligations, in particular its human rights obligations, and efforts must
be made to better enshrine these principles in its own legislation and
practice;
28. Adopt legislations to guarantee freedom of expression; greater
freedom for the press and media; and the right to access information
based on the provisions of the Iraqi constitution;
29. Establish a higher council for culture and arts, develop reform
mechanisms and procedures, and develop plans to support culture
through a special fund with branches at a national level, as well as in
the regions and governorates;
30. Review the curriculum in order to develop an education system that
supports and encourages a culture of democracy, human rights, the
rule of law, based on the acceptance of a pluralism of opinions and
convictions;
31. Accelerate the resolution of the status of the disputed areas issue
based on the provisions of article 140 of the Iraqi constitution, as this
issue presents an obstacle to the reconciliation process;
32. Accelerate the resolution of the Regional Corps (Peshmerga) budget
through a consensus agreement between the federal government and
the KRG, in accordance with the constitution;
33. Stress that oil and gas are the property of all the Iraqi people in
all its regions and governorates, as stated by article 111 of the Iraqi
constitution, and underline the importance of equitably distributing
the revenues of oil and gas;
34. All Iraqi parties should accelerate the resolution of their
disagreements relating to oil and gas in accordance with articles 111,
112 and 115 of the Iraqi constitution, as resolving these issues would
greatly enhance the prospect for national reconciliation;
35. Accelerate the legislation of an 'oil and gas law' and a 'revenue
sharing law', in accordance with the provisions of the constitution, so
as to secure a framework for the production and distribution of oil
and gas;
36. Measure should be taken to improve the transparency and efficiency
of the oil management process in order to eliminate the waste of the
oil resources which are the property of the Iraqi people;
37. Support government institutions caring for injured persons and the
victims of the former regime including the Iraqi Property Claims
Commission; Iraqi Prisoners and Politically Dismissed Foundation; and
the Martyrs Foundation, and proceed with the legislation
necessary to further facilitate their work;
38. Provide more support for widows and orphans, adopting any
additional legislation where necessary;
39. Support and enhance the role of Civil Society Organisations;
40. Establish a special fund to support the victims of the former
regime, the victims of terrorism, and civilian casualties of military
operations.
This fund should be financed by the allocation of a percentage from
the grants of donor countries; The participants at the Conference
'From Totalitarianism to Democracy:
Reconciliation and Accountability in Iraq - Creating a Space for
Consultation' call upon the Iraqi government, the Iraqi Council of
Representatives, the Iraqi Higher Judicial Council, the Kurdistan
Regional Government, all political groups and parties, Civil Society
Organisations,
and the media to adopt these recommendations and to take measures
consistent with the constitution for their immediate implementation so as
to facilitate and support the articulation of an Iraqi accountability
and reconciliation process.
Transskription & Distribution by MESOP
