LEGAL DOCUMENTS

Papers & Agreements


Final Statement of the Leaders’ Meeting
Washington DC. Peace Agreement

Washington DC. Sep. 17, 1998

Reaffirmation of Previous Achievements

On behalf of the Kurdistan Democratic Party (KDP) and Patriotic Union of Kurdistan (PUK), we thank Secretary Albright and the US government for facilitating a series of amicable and productive meetings here in Washington over the past several days. We appreciate their efforts in helping to bring us back together and to assist us in creating a framework for future cooperation. The meetings have been a major step forward towards a full and lasting reconciliation, which will provide new hope to the Kurds, Turkomen, and Assyrians and Chaldeans of the Iraqi Kurdistan region of Iraq.

Both parties also welcome the continuing engagement of the governments of Turkey and the United Kingdom in the peace and reconciliation process. We wish to recognize the irreplaceable role our separate consultations in Ankara and London played in making these talks a success. In Washington, we have discussed ways to improve the regional administration of the three northern provinces and to settle long-standing political differences within the context of the Ankara Accords of October 1996. We have reached several important areas of agreement on how to implement those accords.

We affirm the territorial integrity and unity of Iraq. The three northern provinces of Dohuk, Irbil and Sulemaniyah are part of the Iraqi state. Both the KDP and the PUK unequivocally accept the recognized international boundaries of Iraq. Both parties are committed to preventing violations of the borders by terrorists or others.

Both parties will endeavor to create a united, pluralistic, and democratic Iraq that would ensure the political and human rights of Kurdish people in Iraq and of all Iraqis on a political basis decided by all the Iraqi people. Both parties aspire that Iraq be reformed on a federative basis that would maintain the nation’s unity and territorial integrity. We understand that the U.S. respects such aspirations for all the Iraqi people.

Both parties condemn internal fighting and pledge to refrain from resorting to violence to settle differences or seeking outside intervention against each other. We will endeavor to bnng to justice those who violate the peace, whatever their political affiliation or motivation.

Both parties also agree that Iraq must comply with all relevant UN Security Council resolutions, including the human rights provisions of Resolution 688.

To help ensure a peaceful environment for reconciliation, we will intensify our arrangements to respect the cease fire, facilitate the free movement of citizens and refrain from negative press statements.

Transition Phase

We have agreed to enhance the Higher Coordination Committee (HCC) to ensure that the humanitarian requirements of the people of the Iraqi Kurdistan region are met and their human and political rights are fulfilled. The decisions of the HCC will be by the unanimous consent of its members.

The HCC will prepare for a full reconciliation between the parties, including normalizing the situation in Irbil, Sulemaniyah and Dohuk; re-establishing a unified administration and assembly based on the results of the 1992 elections; providing exclusive control of all revenues to the regional administration; and organizing new regional elections.

The HCC will enhance coordination and cooperation among local public service ministries that serve the needs of the people throughout the Iraqi Kurdistan region. The patties will ensure that these ministries receive adequate revenue for their operation. The KDP acknowledges that, revenue differences will require a steady flow of funds for humanitarian services from the current KDP area to the current PUK area.

The HCC will establish a process to help repatriate everyone who had to leave their homes in the three northern provinces as a result of the prior conflict between the parties, and to restore their property or compensate them for their losses.

The HCC will ensure that both parties cooperate to prevent violations of the Turkish and Iranian borders. It will establish reasonable screening procedures to control the flow of people across these borders and prohibit the movement of terrorists. Both parties, working with the HCC, will deny sanctuary to the Kurdistan Workers Party (PKK) throughout the Iraqi Kurdistan region . They will ensure that there are no PKK bases within this area. They will prevent the PKK from destabilizing and undermining the peace or from violating the Turkish border.

The HCC will endeavor to form an interim joint regional government within the next three months to be ratified by the regional assembly.

Unified Administration

Within three months of its re-formation, the Assembly will meet at its building in Irbil, with subsequent meetings there or in Sulemaniyah or Dohuk. The members of the this interim assembly will be those individuals who were elected to the parliament in 1992.

The first meeting of the interim assembly will be within three months. After the assembly is established, it must authorize all subsequent decisions of the HCC and/or the interim regional government.

The interim assembly may decide to add additional functions to the operations of the HCC, including unifying relations with the international community.

To provide a safeguard for regional elections and to help normalize the status of Irbil, Dohuk and Sulemaniyah, the HCC and the assembly may establish a joint PUK-KDP-Turkomen-Assyrian security force. The new regional government may subsequently choose to take further measures to unify peshmerga (militia) command structures.

After the regional elections described below, the interim assembly will be replaced by a new regional assembly. This regional assembly will form a new regional government based on the voting strength of each party in the assembly.

When the regional government has been formed, the HCC will be dissolved automatically. The term of the regional assembly, the regional government will be three years.

Revenue Sharing

Until the new interim joint regional government is established, a steady flow of funds for public service ministries will be directed from the current KDP area into the current PUK area, due to revenue differences. The HCC, in consultation with the existing ministries of taxation and finance, is responsible for the apportionment of revenues throughout the region.

When the interim joint government is established, it will become responsible for the collection and distribution of all revenues. After the election of a new regional assembly, a single Ministry of Revenue and Taxation will have exclusive responsibility for collecting all revenues, including taxes and customs duties. The funds collected will be at the disposal of the regional movement for uses authorized by the regional assembly.

Status of Irbil, Dohuk and Sulemaniyah

The interim assembly and the HCC will address the normalization of Irbi1, Dohuk, Sulemaniyah and other cities. The HCC may call on international mediation regarding this issue, if it deems it expedient.

The status of these cities must be normalized to a sufficient degree that free and fair elections can be held.

Elections

The interim assembly and the HCC will be responsible for organizing free and fair elections for a new regional assembly, to take place no later than siX months after the formation of the interim assembly.

The composition of the new regional assembly will be based on the best available statistical data on the population of the three northern governments and the distribution of ethnic and religious groups there. Seats will be set aside for the Kurdish, Turkomen, and Assyrian and Chaldean communities.

If possible, the interim assembly and the HCC, working with the international community, will conduct a census of the area in order to establish an electoral register. If international assistance is not available in time, the interim assembly and the HCC will conduct a census on their own, or--making reference to existing data ­ they will construct a best estimate of the population in consultation with outside experts.

The interim assembly and the HCC will also invite international election monitors to assist both in the election itself and in training local monitors. Situation in the Iraqi Kurdistan Region.

UN Security Council Resolution 688 noted the severe repression of the Iraqi people, particularly the Kurdish people in Iraq. The potential for repression has not eased since 1991, when the resolution was passed. It is worth noting that in the past year the UN Special Rapporteur for Iraq reported finding strong evidence of hundreds of summary executions in Iraqi prisons and a continuation by the regime of the policy of expelling Kurds and Turkomen from Kirkuk and other cities. This policy amounts to ethnic cleansing of Iraqi Kurds and Turkomen, with their lands and property appropriated by the government for disbursement to ethnic Arabs. Many of the new arrivals participate in this scheme only because of government intimidation.

In light of this continued threat, we owe a debt of thanks to the international community for assisting with our humanitarian needs and in preventing a repeat of the tragic events of 1991 and the horrific Anfal campaigns of 1987 and 1988:

The United Nations special program of “oil-for-food” for the Iraqi Kurdistan region has eased the humanitarian condition of the people. We welcome the support of the international community for the continuation of this program, with its specific allotment to the Iraqi Kurdistan region, and hope that, in the near future, a liaison office for the region can be established at ECOSOC headquarters to better coordinate the provision of the aid. We also hope that, in the event that benefits from the “oil-for-food” program are suspended due to unilateral action by the government of Iraq, the UN will address the continuing economic needs of Iraqi Kurdistan and the plight of the people there.

The United States, the Republic of Turkey and the United Kingdom through Operation Northern Watch have helped to protect the area. We call upon them and the rest of the international community to continue to exercise vigilance to protect and secure the Iraqi Kurdish region.

The many non-governmental organizations that operate in the three northern provinces have diminished our isolation and helped us in countless ways.

Future Leader-to-Leader Meetings

The President of the KDP and the Secretary General of the PUK wi11 meet at leasl every two months inside or outside Iraqi Kurdistan at mutually acceptable sites.

Pending the agreement of governments, we hope to hold the first such meeting in Ankara and a subsequent meeting in London.

The Ankara meeting would include discussions on our joint resolve to eliminate terrorism by establishing stronger safeguards for Iraq’s borders. The London meeting may explore further details concerning the status of Irbil, Dohuk and Sulemaniyah, and help establish a mechanism for the conduct of free and fair elections.

Signed by:
Jalal Talabani Patriotic Union of Kurdistan.
Massoud Barzani Kurdistan Democratic Party.

Witness:
C. David Welsh, Principal Deputy Assistant Secretary Near East Affairs Bureau
Department of State, Washington D.C.
Washington D.C. September 17, 1998

Timetable:

On or before:

  1. October 1st 1998: The KDP begins to extend appropriate financial acquittance on monthly basis to the public service ministries in the PUK areas.
  2. October 15th 1998: Timeline for repatriation of persons displaced by the former conflict. Agreement on restoration of property or compensation by responsible parties.
  3. Beginning of November 1998: Joint consultations with the Government of Turkey .
  4. November 1st 1998: Coordination and Cooperation of humanitarian ministries complete. Revenues contributed by KDP to the ministries flowing from KDP areas to PUK areas.
  5. November 15th 1998: Progress report on repatriation, unification of ministries and revenue sharing.
  6. January 1st 1997: First meeting of the interim assembly. Interim Joint Government establishes a plan to normalize Irbil, Dohuk and Sulemaniyah.
  7. April 1st 1997: Interim Joint Government establishes a plan for the organization of elections.
  8. July 1st 1997: Regional elections.