Shengal's AA..Responding to massacres is legitimate right according to Iraqi constitution

Co-chair of the Autonomous Administration (AA) Council in Shengal, Ghazal Resho, considered that organizing Yazidis is the most appropriate response to all the massacres they were subjected to.

4 August, 2021 01:45

NEWS DESK / SIPAN SILO

Throughout their long history, Yazidis were subjected to dozens of genocidal campaigns that targeted their existence, without any organization and special military forces to protect them, so they were always vulnerable to attacks.

But after the last firman (massacre), the hope was an administrative system in Shengal, and security and military forces doing their best to save Yazidis.

Perhaps the declaration of the Democratic Autonomous Administration in Shengal was the best response to all firmans and the only guarantee that it would not be repeated after that.

Therefore, Yazidis rushed to establish their own councils, the Asayish and the Defense Forces, including the Shengal Resistance Units and the Women's Units in Shengal, so that the Autonomous Administration would be an umbrella for all institutions in Shengal.

The Constituent Assembly of Shengal Ezid Khan which was established after the 2014 massacre announced the Autonomous Administration program in Shengal in 2015 through a number of decisions and demands concerning the future of Shengal, on top of which is the recognition of the Autonomous Administration that "emerged from the resistance against ISIS," based on Iraqi constitutional articles.

The Autonomous Administration program in Shengal presented through a statement that stated at the beginning, "It is not hidden from anyone the disaster that befell Yazidis in Shengal as a result of their exposure to a genocide at the hands of the terrorist organization ISIS when it attacked villages, residential complexes and the center of Shengal district on the morning of 03-8-2014 after the withdrawal of the Peshmerga forces that claimed to protect the Yazidi areas, but they disappointed the Yazidis with their sudden withdrawal without sacrifices or resistance except for some individual cases. This withdrawal and this simultaneous attack by ISIS caused great human losses and this is what happened is the result of the lack of an organization for the Yazidi community qualifying it to defend itself.

As a first step towards organizing the Yazidi community to stand against the genocide and prevent the recurrence of such genocide in the future, we took the initiative to announce the formation of the Constituent Assembly of Shengal Ezid Khan with the efforts of the resisting and steadfast heroes in the mountain on Wednesday, January 14, 2015 according to the Iraqi constitution which gives us the right to manage ourselves by ourselves based on Articles 116 and 125 thereof.

Since then, the Autonomous Administration in Shengal has taken upon itself to organize Yazidis in Shengal and to demand and defend their rights.

In addition, the Shengal Council was established abroad (in the expatriates) which ensured the organization of the Shengal expatriate residents in European countries in coordination with the Autonomous Administration Council.

Co-chair of the Democratic Autonomous Administration in Shengal said in an interview with ANHA, "The conference was held before the Firman memorial in response to all that Yazidis were subjected to."

Ghazal Resho continued, "The establishment of the Autonomous Administration was a clear response to all the plans and agreements made against us, and an affirmation that Yazidis are able to establish an administration, a military and security force, and an organization of their own."

Ghazal Resho said, "The forces that claimed to protect Shengal; the Iraqi army and the Peshmerga, left Yazidis in the face of ISIS brutality, and added that what happened can be described as the scheme that had been hatched for earlier."

Co-chair of the Autonomous Administration Council in Shengal confirmed that the Guerrilla forces provided the people of Shengal with a new life after they intervened to protect them, and the Autonomous Administration announced in 2015 is the hope after that life, so it is necessary that this administration be internationally and regionally recognized.

She said, "After the formation of the Shengal Resistance Forces, Shengal Women's Protection Forces and Asayish, their fight against the terrorist organization and the liberation of their lands from ISIS, they were able to heal their wounds anew and build the Autonomous Administration project to lead themselves and protect their religion and culture."

Ghazal indicated that even if the Autonomous Administration did not receive international recognition, this would not lose the legitimacy it gained from Shengal's people who see in the administration their hope that the massacres against them would not be repeated.

She added, after the establishment of the Autonomous Administration, it formed its own political, civil, social and military institutions, and opened schools in the mother tongue, so these institutions guarantee the rights of Shengal's people.

On October 9, 2020, the agreement signed by the Iraqi government and the Democratic Party was rejected by Yazidis.

Under the agreement, the Asayish Ezid Khan would leave Shengal, hand over their weapons, and the Iraqi army would deploy in Shengal.

The Autonomous Administration of Shengal came out in a statement during March of this year after an emergency meeting as a result of the threats of the Iraqi army and the tricks of the PDK with the instructions of Turkey, amd emphasized the choice of resistance, and stated in its statement:

"In the 73^rd genocide, we took the lesson, and found that only Yazidis can protect themselves, and we will not trust any other force anymore to protect us. We seek to live in peace in Iraq, and in the Iraqi constitution, Shengal has the right to enjoy its Autonomous Administration. We announced our rejection of the agreement from the beginning, and consider it another firman against us, and we say what ISIS could not do, they are trying to complete with the agreement."

On the Baghdad-Hewler agreement, Ghazal continued, "The people in Shengal rejected the agreement and formed a circle around their Autonomous Administration. The agreement was concluded without taking the opinion of Shengal's people into consideration, and they will not be able to implement the agreement's terms thanks to the resistance of our people.

She stressed that their military forces are legitimate forces, "We trust our forces, and the effects of the last firman are still present. The Asayish and Shengal Resistance Units are our legitimate forces."

The Iraqi constitution contains a number of provisions that address the demands and rights of autonomous or self-governing administrations. According to Article 116 of the Iraqi constitution, any governorate or more governorates has the right to establish a region.

The region draws up a constitution, exercises those powers, and determines the region's authority structure and powers, provided that they do not conflict with the constitution of Iraq.

While Article 117 contains the following:

The region's authorities have the right to exercise legislative, executive and judicial powers, with the exception of what is stated in it regarding the exclusive powers of the federal authorities.

The authority of the region has the right to amend the application of the federal law in the region, in the event of a contradiction or conflict between the federal law and the law of the region, regarding a matter that does not fall within the exclusive powers of the federal authorities.

A fair share for the federally collected revenues shall be allocated to the regions and governorates that is sufficient to carry out their duties and responsibilities, taking into consideration their resources and needs, and their population.

The offices of the regions and governorates shall be established in embassies and diplomatic missions to follow up cultural, social and development affairs.

The regional government is responsible for all that is required by the administration of the region, in particular the establishment and organization of the region's internal security forces, such as the police, security and guards of the region.

The people of Shengal demand the Iraqi government to recognize the Autonomous Administration, and they express their readiness for dialogue with the Iraqi government about the nature of the relationship between it and the central government in Baghdad.