KRG Media Office Says Article 140 Remains Unimplemented 20 Years After Adoption

The KRG Media Office report reiterates that, two decades after its adoption, Article 140 has not reached the referendum phase mandated by the Constitution.

The official emblem of Kurdistan Regional Government. (Photo: KRG)
The official emblem of Kurdistan Regional Government. (Photo: KRG)

ERBIL (Kurdistan24) - The Media and Information Office of the Kurdistan Regional Government (KRG) on Monday released a comprehensive documentary report detailing what it described as continuing legal, financial, and administrative obstacles to the implementation of Article 140 of the Iraqi Constitution between 2005 and 2025, stating that the constitutional provision remains unimplemented two decades after its adoption.

According to the statement issued February 23, 2026, the report outlines legal and human rights violations against Kurds in areas covered by Article 140 and presents statistical data, financial allocations, and references to federal court decisions and United Nations involvement related to the article’s implementation process.

Article 140 of the Iraqi Constitution addresses the normalization, census, and referendum procedures intended to determine the administrative status of disputed territories. The KRG Media and Information Office stated that, despite the passage of 20 years, the article has not reached its final stage.

The report states that the events of October 16, 2017, marked a significant turning point in areas subject to Article 140. According to the document, those events were not limited to military changes but were followed by what it described as humanitarian and administrative consequences, particularly in the district of Khurmatu.

The statistics cited in the report indicate that 15 civilians were killed and 115 were wounded in Khurmatu following the October 16 events. It further states that 3,150 homes belonging to Kurdish citizens were looted, while 530 Kurdish houses and shops were burned or destroyed. In addition, 21 factories and schools were burned, according to the report. The document adds that more than 53,000 people were displaced from the district.

The report also describes what it calls a new strategy of demographic change implemented after 2017, referring to it as “Administrative Arabization.” According to the Media and Information Office, this process includes the replacement of Kurdish officials in senior administrative posts and changes related to land and agricultural contracts.

Specifically, the report states that 10 senior administrative positions in Kirkuk that had been allocated to Kurds were reassigned to other components, along with another 10 positions in Sinjar. It characterizes these changes as part of a broader administrative restructuring affecting the balance of representation in those areas.

In addition to administrative appointments, the report addresses land and property issues. It states that agricultural contracts dating back to the Ba’ath era have been revived and that individuals described as “imported Arabs” have been brought onto lands belonging to Kurdish farmers in Kirkuk, Daquq, and Sargaran. The document presents these developments as part of a broader pattern of demographic and administrative changes.

The report also refers to attempts to transfer food ration cards and identity documents of thousands of Arab families into Kirkuk. According to the Media and Information Office, these administrative measures represent a continuation of demographic change through bureaucratic mechanisms rather than direct population transfers.

Financial allocations for the implementation of Article 140 are also addressed in the report. The Media and Information Office states that although a significant budget was expected to be allocated to compensate affected individuals, the Iraqi federal government allocated “zero” dinars for Article 140 in 2014, 2015, and from 2018 through 2021.

The total amount spent over the past 20 years on Article 140 implementation is listed in the report as 2.08 trillion Iraqi dinars. According to the document, this amount is limited in comparison to the scale of damage and the volume of pending claims. The report states that approximately 118,000 files remain awaiting settlement.

The Media and Information Office also references the role of the United Nations Assistance Mission for Iraq (UNAMI). According to the report, UNAMI issued several proposals and reports between 2007 and 2017 concerning the implementation of Article 140. The document states that those proposals were not implemented.

In addition to international engagement, the report cites decisions by Iraq’s Federal Supreme Court related to Article 140. It refers specifically to Federal Court decisions No. 113 of 2017 and No. 71 of 2019. According to the Media and Information Office, those rulings blocked legal attempts to abolish Article 140 and reaffirmed that the article remains legally in force until its final stage — a referendum — is carried out.

The report characterizes Article 140 as more than a constitutional provision, stating that it represents an issue tied to settlement, historical grievances, and national identity. The Media and Information Office presents the document as an effort to provide a comprehensive record of developments affecting the article’s implementation from 2005 through 2025.

The statement does not indicate any immediate procedural steps announced by the federal government regarding renewed implementation. It focuses on documenting obstacles and outlining what it describes as continuing administrative and demographic changes in disputed territories.

The release of the report comes amid ongoing discussions between the Kurdistan Regional Government and the Iraqi federal government on various constitutional and administrative issues. However, the statement itself confines its scope to Article 140 and associated developments.

The Media and Information Office concludes that Article 140 remains legally valid and unimplemented, citing federal court decisions and the absence of completion of its constitutional stages.