Kirkuk land restoration on hold pending guidelines for new law

15-03-2025
Rudaw
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ERBIL, Kurdistan Region - Land ownership disputes in Kirkuk province are on hold pending guidelines from the Council of Ministers on how to implement the recently passed property restitution law, the spokesperson for the Iraqi Ministry of Justice told Rudaw on Saturday.

“We have formed a specialized committee to restore lands to their rightful owners,” Ahmad al-Luaibi said, adding that the committee will commence work once the guidelines are provided. Until then, all land dealings in the province will be suspended.

In mid-February, the Iraqi presidency ratified the land restitution law that returns land confiscated under the Ba’ath regime to the original owners. The law applies to approximately 300,000 dunams of land belonging to Kurds and Turkmen in Kirkuk and other disputed areas.

According to the Ministry of Justice spokesperson, full implementation of the law could take up to six months after the guidelines are issued.

Dara Sekaniani, a Kurdish MP and member of the legal committee in the Iraqi parliament, told Rudaw that issuing the guidelines might take time, as clearance is required from all ministries to ensure that none of them have claims on the lands or have developed projects on them.

“Enacting the law will significantly facilitate matters,” Sekaniani stated, urging the Iraqi government to expedite issuing the guidelines while acknowledging that the process should not be rushed.

Eight of the twelve land confiscation decrees that have been revoked under the new law specifically concern Kirkuk. One such decree, issued in 1977, revoked land ownership rights in 14 locations, including areas within Dibis district in Kirkuk. Among the disputed lands are those in Shanagha village, northwest of Kirkuk, which became a flashpoint of conflict between Kurdish farmers and the Iraqi army in February.

These lands were previously allocated to Arab settlers as part of the Ba’athist regime’s efforts to alter the demographic composition of disputed regions.

“Guidelines will be enacted in the next two or three months,” Sabah Habib, a Kurdish MP from Kirkuk, told Rudaw in early March.

The law does not apply to individuals who received financial compensation from the Ba’ath regime in exchange for their confiscated properties.

“Only lands that were previously designated for restitution but never returned to their original owners will be reinstated,” Habib explained.

The awaited guidelines are a critical step in implementing the long-overdue restitution process that aims to rectify past injustices and restore rightful ownership of confiscated lands.
 

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