The constitutional structure of the legal position of the Turkmen of Iraq

The English who were determined to control the oil reservoirs in the MiddleEast by the World War I succeeded to omit Turkey from the treaty of Lausanneregarding Mosul, Erbil, and Kirkuk where the Turkmens were densely populatedin order to remove Turkey from the region. Mosul region was left to Iraq that wasunder English mandate by Ankara Treaty signed in 1926. After this date, thepolitical existence of Turkmens in Iraq was tried to annihilate by the English.Between 1925 and 1970, five constitutions were prepared and brought intoforce. These constitutions are Basic Law of Iraq ( Iraq Kingdom Constitution in1925), Temporary Constitution of Iraq in 1958), and the constitutions belongedto the years 1964, 1968, and 1970. besides these, in 1990 an constitutionsproject was prepared. However, none of these constitutions was mentionedabout the existence and rights of the Turkmens in Iraq. Only in the constitutionof 1970 there is a rule which recognizes the legal rights of all minorities in thescope of the territorial integrity of Iraq. The mentioned rule also took part in theconstitution of 1990. The constitution projects belonged to the years 1970 and1990 were only putting this rule into words, but they did not explain the terms of?Minority? and ?Legal rights?. Besides all these events, we can also add theoutrages and unjustness done to Turkmens beginning from the foundation ofRepublic of Iraq. Year by year and more and more these outrages and tyrannousbehaviors increased. All kind of political and military pressures have beenapplied to the Turkmens. After the foundation of Iraq State, the ArabicAuthorities in Iraq has tried to remove the Turkmens from the political life.Pressing the Turkmens close caused to be far from political life and to becomeintroverted during the kingdom period lasted until the year 1958. following thisdate, the foundation of the republic is an important improvement for Turkmens.In this period the Turkmens started to move in taking place in the politicalarena. But because of the tyrannous policies of the Arabs, these attempts becameinconclusive. Generally, the Arab governments who ruled the Iraq consideredthe Iraq as an Arab country and they pressured the Turkmens and other ethnicalgroups and they tried to execute an arabization policy. This pressure wasincreased by coming into power of Baath Party in 1979. In this period there weremassacres and crimes against humanity. The Turkmens were tried to bearabized and they are forced to move away from their homes and their leaderswere executed.In these days the Turkmens have been living in an important and historicalperiod. There are the political improvements leading to form the destiny ofTurkmens. As it happened in the past, the English and US that play animportant role in the political structure of the region try to keep the Turkmensaway from the agenda. The same policy is followed by the Kurdish groups whoare the collaborator of the occupants. The Kurds who want to annihilate theTurkmens from the political arena of Iraq make an effort to kurdishize andcapture the Türkmeneli region where the Turkmens live in, and also they want totake possession of the oil of the Kirkuk and Mosul. Therefore, it must not begone unnoticed that all attempts that aim to constitute a Kurdish state in thenorthern part of Iraq are to be considered as a threat aiming the territorialintegrity of the countries located in the region.The State Transition Law of Iraq issued on 8th of July 2004 is a local constitutionwhich recognizes the existence and the rights of Turkmens and make certain ofthe administrative, political, and cultural rights and provide an opportunity ineducating in Turkmen language. If we research the Transition Period Law of Iraqand the Constitution of 2005, we see the subjects that are regarding theTurkmens as Kirkuk issue, education in Turkmen Language, using Turkmenlanguage as an official language, cultural and political rights. The Turkmenshave been struggling to put their political and cultural rights through in new Iraq.The fundamental policy of the Turkmens in Iraq is that the territorial integrity ofIraq should be established. However, it is hard to say that the Turkmens have animportant role in new Iraq, evaluating the period after 2003