Article 140
Time is ticking away against the PM Maliki and his cabinet. Apparently PM Maliki has been resisting the implementation of the Kirkuk referendum which the Kurdish people have agreed to in the provision of the constitution in Article 140 which passed last year. This was one of several conditions for the Kurdish groups in the north to agree and vote for the new Iraq constitution last year because they had a referendum in Kirkuk. The Kurds in the north are becoming impatient and are hoping PM Maliki is going to quit stalling and implement Article 140. The Shi’ite groups in the south are pressuring PM Maliki to not implement the Article 140. The Supreme Commission in Iraq has lodged complaints against PM Maliki and he has stated he will respond to those complaints today 13 Nov.
The Shi’ite dominated group in the Iraqi government has signed onto the Iraqi constitution and have agreed to the Kirkuk Referendum to be implemented by 31 December 2007 as stated in the new Iraqi constitution. Well, that was last year and times of changed politically and financially. The problem is that PM Maliki has refused to provide any financial and administrative support to the already established committee to start the process in Kirkuk. The pressure for PM Maliki is internal and external reason why he wants to reshuffle his whole cabinet. I believe it is a little late for reshuffling and getting a cabinet that is willing to work for the Iraqi people.
The previous PM Al-Jafari had the same problem and that is the reason the Kurdish Alliance last year refused to vote in favor of Al-Jafari for a second term.
Listed below is the exact wording from the Iraq constitution for Article 140 and Article 58.
Article 140:
First: The executive authority shall undertake the necessary steps to complete the
implementation of the requirements of all subparagraphs of Article 58 of the
Transitional Administrative Law.
Second: The responsibility placed upon the executive branch of the Iraqi
Transitional Government stipulated in Article 58 of the Transitional
Administrative Law shall extend and continue to the executive authority elected
in accordance with this Constitution, provided that it accomplishes completely
(normalization and census and concludes with a referendum in Kirkuk and other
disputed territories to determine the will of their citizens), by a date not to exceed
the 31st of December 2007.
Article 58:
First: The President of the Republic, the Prime Minister, the Speaker of the
Council of Representatives, or fifty members of the Council of Representatives
may call the Council to an extraordinary session. The session shall be restricted
to the topics that necessitated the call for the session.
Second: The legislative session of the Council of Representatives may be
extended for no more than 30 days to complete the tasks that require the
extension, based on a request from the President of the Republic, the Prime
Minister, the Speaker of the Council, or fifty members of the Council of
Representatives.