Kurdish, Turkmen welcome approval of property law, 360,000 dunams to be returned

Shafaq News/ Iraq's parliament voting to annul the decisions made by the dissolved Baath Party regarding the confiscation of properties, allowing the return of land previously seized from its rightful owners. The decision has been met with praise from both the Kurdish and Turkmen communities, bringing renewed hope to those who had their agricultural and residential properties taken under the former regime.
Strengthening Social Harmony
Shakhwan Abdullah, Deputy Speaker of the Iraqi Parliament, expressed that the approval of the law of properties confiscated under the decisions of the dissolved Revolutionary Command Council will "strengthen unity and social peace in Kirkuk."
Abdullah emphasized that the law is a significant step toward rectifying numerous unjust actions taken against Iraq's Kurdish and Turkmen populations by the former Baathist regime.
Redressing 50 Years of Injustice
Kirkuk MP and Parliament Secretary Gharib Askar noted that "Turkmens have been eagerly awaiting this decision, as it corrects a 50-year-old injustice," referring to the land that was unjustly seized from them.
Extensive discussions between political leaders took place to pass and vote on the new law. Askar believes this law is part of the broader effort to eliminate Baath Party policies and decisions that were harmful to Turkmens, and praised Hadi al-Amiri, head of the Article 140 Committee, for his role in helping to pass the law and return the agricultural land to its rightful owners.
Arab Rejection
In contrast, Dhaher Anwar Al-Aasi, a member of the Kirkuk Provincial Council, expressed his opposition to the property law, criticizing its passage as "illegitimate" and claiming it comes at a sensitive time for the province.
Speaking to Shafaq News, Al-Aasi argued that the law could deepen societal divisions, particularly in light of ongoing political challenges in the region, warning that it could lead to the displacement of over 360,000 Arab citizens, whose land was obtained legally under official land reform projects.
Al-Aasi expressed concerns that the law could destabilize Kirkuk and undermine its social cohesion, despite the desire for fairness.
He urged prominent religious and political figures, including Grand Ayatollah Ali Al-Sistani, Muqtada al-Sadr, and the Prime Minister, to reconsider the law in order to safeguard Kirkuk’s identity and foster a fair and balanced approach to the issue.
Returning 360,000 Dunams
Ali Rashid Gharib, a Kurdish farmer from Kirkuk, welcomed the law, calling it a positive step towards undoing the Baathist land confiscations.
He noted that the law addresses the historical injustice against Kurdish farmers, who had their lands seized and given to Arab settlers brought in by the former regime. Gharib believes the law will resolve disputes over land ownership between Kurdish and Arab farmers, with the rightful landowners, the Kurds, regaining control.
He estimates that 360,000 dunams will be returned to their rightful owners and integrated into the regional agricultural plan.
Iraq's Justice Minister, Khaled Shwani, stated that the law will put an end to the "Arabization" of Kirkuk and other areas, noting that it provides a fair mechanism for handling its impact on Arab farmers.
Implementation and Future Impact
Zuhair Ali, Director of Kirkuk's Agriculture Department, previously indicated that approximately 300,000 dunams of agricultural land remain outside the provincial agricultural plan. He also mentioned that these lands are located in areas such as Qara Hanjir, Shwan, and parts of Yayi, Dibis, and Daqooq.
Farmers may file complaints regarding these lands through the appropriate legal channels.
In 2019, the Federal Supreme Court affirmed the continued validity of Article 140 of the Iraqi Constitution, which aims to reverse the demographic changes imposed by Saddam Hussein's regime and implement a referendum to determine whether the disputed territories should join the Kurdistan Region or remain under Baghdad’s control.
Kirkuk Governor Riberwar Talabani reported in November 2024 that 14 judicial decisions had been made regarding 1,500 dunams of agricultural land, while no issues were reported with about 18,000 dunams owned by Kurdish farmers.
Article 140 aims to undo the demographic policies of Saddam’s regime, which favored Arabs over Kurds, and includes steps for census and a referendum to resolve the status of the disputed territories. Although the implementation of this article was expected to be completed by the end of 2007, security and political challenges delayed its progress.
In 2019, the Federal Supreme Court ruled that Article 140 of the Iraqi Constitution remains in effect, emphasizing that it will continue to apply until its requirements are implemented and its objectives are achieved.