Agreement for Restoring Stability and Normalising Conditions in the Sinjar District

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Country/entity: Iraq
Kurds-Kurdistan
Region: Middle East and North Africa
Cross-regional
Agreement name: Agreement for Restoring Stability and Normalising Conditions in the Sinjar District
Date: 9 Oct 2020
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Iraq Wars and the Iraqi Insurgency (1989-1990) (2004 - )
In the aftermath of the Iraq-UN conflict following President Saddam Hussein’s invasion of Kuwait in 1989, the UN enforced no-fly zones and set up a monitoring commission of the arms capacity of the Iraqi government. By the late 1990s, Iraqi officials had increased their resistance against the implementation of these programmes. In the aftermath of the 2001 terrorist attacks on New York, the U.S. accused the Iraqi government of having weapons of mass destruction. In 2003, a U.S.-led coalition overthrew the government of Saddam Hussein, but failed to maintain security in the country as ex-Bathist and Islamist groups launched a counter-campaign. Violence reached a peak in 2006 as the conflict took on sectarian traits leading to mass human rights violations by domestic Sunni and Shi’a groups, as well as occupying forces. Despite the failure to stabilize the country, the U.S.-led forces withdrew in December 2011. Since then Iraq has effectively been split into three territories based on ethno-religious identity including the Shi’a in the south, the Kurds in the north, and a Sunni band in the middle, which is currently occupied by the organisation known as the Islamic State (formerly of Iraq and the Levant).
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Kurdistan/Iraq territorial conflict
Parties: The Federal Government of Iraq and the Kurdistan Regional Government (KRG). No individual signatories are named in the text provided.
Third parties: United Nations Assistance Mission for Iraq (UNAMI)
Description: This agreement between Iraq's Federal Government and the Kurdistan Regional Government establishes a framework for restoring stability in the Sinjar district through three pillars: administrative reform (appointing a new district mayor and filling administrative positions), security restructuring (exclusive local police and intelligence control, removal of all other armed formations including the PKK, and recruitment of 2,500 local security personnel), and reconstruction via a joint committee. It creates joint committees to oversee implementation and explicitly mandates the end of PKK presence in and around Sinjar. The annex provides a detailed action table assigning implementing parties and timelines for each provision.

Agreement document: IQ_201009_Agreement for Restoring Stability and Normalising Conditions in the Sinjar District_EN (opens in new tab) | Download PDF
Agreement document (original language): IQ_201009_Agreement for Restoring Stability and Normalising Conditions in the Sinjar District_AR (opens in new tab)| Download PDF
Source of document: https://www.crisisgroup.org/middle-east-north-africa/gulf-and-arabian-peninsula/iraq/iraq-stabilising-contested-district-sinjar

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
For the purpose of restoring stability and normalising conditions in Sinjar district, and in line with constitutional and legal principles, and in order to address the suffering of the Sinjar population in preparation for the return of the displaced, and to organise the administrative and security framework in the district, the Federal Government and the Kurdistan Regional Government, and in coordination with the UN Mission, in order to benefit from international support and achieve stability and construction, have agreed to the following:
Groups→Refugees/displaced persons→Substantive
2. The Security Pillar:
...
2. Strengthening security in the district by recruiting 2,500 members to internal security forces in Sinjar, while insuring equitable participation of the people of Sinjar in the IDP camps;
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
1. The Administrative Pillar:
1. Selecting a new independent, professional, honest and acceptable district mayor [qa’im maqam] according to constitutional and legal mechanisms;
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: 1. The Administrative Pillar:
...
2. After nominating the district mayor, nominees for other administrative positions shall be considered by the joint committee set up for this purpose, provided that questions of professionalism, integrity and the district’s social structure are taken into account.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
3. The Reconstruction Pillar:
Sub-state level
A Joint Committee shall be established comprising the Federal Government and Kurdistan Regional Government in order to rebuild the district, in coordination with the provincial administration of Ninewa governorate.
Power sharing→Political power sharing→Other
3. The Reconstruction Pillar:
...
Sub-state level
The committee’s level and the details of its tasks shall be identified by the Federal Prime Minister and KRG Prime Minister.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Proportionality
2. The Security Pillar:
...
2. Strengthening security in the district by recruiting 2,500 members to internal security forces in Sinjar, while insuring equitable participation of the people of Sinjar in the IDP camps;

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
For the purpose of restoring stability and normalising conditions in Sinjar district, and in line with constitutional and legal principles, and in order to address the suffering of the Sinjar population in preparation for the return of the displaced, and to organise the administrative and security framework in the district, the Federal Government and the Kurdistan Regional Government, and in coordination with the UN Mission, in order to benefit from international support and achieve stability and construction, have agreed to the following:
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
3. The Reconstruction Pillar:
A Joint Committee shall be established comprising the Federal Government and Kurdistan Regional Government in order to rebuild the district, in coordination with the provincial administration of Ninewa governorate.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: 2. The Security Pillar:
1. Security within the district shall be maintained exclusively by the local police, national security and intelligence services.
...
2. Strengthening security in the district by recruiting 2,500 members to internal security forces in Sinjar, while insuring equitable participation of the people of Sinjar in the IDP camps;
Armed forces: 2. The Security Pillar:
1. Security within the district shall be maintained exclusively by the local police, national security and intelligence services.
DDR: Security sector→DDR→Demilitarisation provisions
2. The Security Pillar:
...
All other armed formations shall be moved out of Sinjar district;
Intelligence services: 2. The Security Pillar:
1. Security within the district shall be maintained exclusively by the local police, national security and intelligence services.
Parastatal/rebel and opposition group forces: 2. The Security Pillar:
...
All other armed formations shall be moved out of Sinjar district;
...
3. Putting an end to the presence of the PKK in Sinjar district and the areas surrounding it.
The organisation and its affiliates shall have no role in the region.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: For the purpose of restoring stability and normalising conditions in Sinjar district, and in line with constitutional and legal principles, and in order to address the suffering of the Sinjar population in preparation for the return of the displaced, and to organise the administrative and security framework in the district, the Federal Government and the Kurdistan Regional Government, and in coordination with the UN Mission, in order to benefit from international support and achieve stability and construction, have agreed to the following:
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: 3. The Reconstruction Pillar:
...
4. For the purpose of following up on the provisions of the administrative and security pillars, a joint field committee shall be set up consisting of the relevant bodies of the two parties in order to follow up on the implementation of the agreement’s provisions.

Appendix B:

Text of Sinjar Agreement

Agreement for Restoring Stability and Normalising Conditions in the Sinjar District

For the purpose of restoring stability and normalising conditions in Sinjar district, and in line with constitutional and legal principles, and in order to address the suffering of the Sinjar population in preparation for the return of the displaced, and to organise the administrative and security framework in the district, the Federal Government and the Kurdistan Regional Government, and in coordination with the UN Mission, in order to benefit from international support and achieve stability and construction, have agreed to the following:

1. The Administrative Pillar:

1. Selecting a new independent, professional, honest and acceptable district mayor [qa’im maqam] according to constitutional and legal mechanisms;

2. After nominating the district mayor, nominees for other administrative positions shall be considered by the joint committee set up for this purpose, provided that questions of professionalism, integrity and the district’s social structure are taken into account.

2. The Security Pillar:

1. Security within the district shall be maintained exclusively by the local police, national security and intelligence services.

All other armed formations shall be moved out of Sinjar district;

2. Strengthening security in the district by recruiting 2,500 members to internal security forces in Sinjar, while insuring equitable participation of the people of Sinjar in the IDP camps;

3. Putting an end to the presence of the PKK in Sinjar district and the areas surrounding it.

The organisation and its affiliates shall have no role in the region.

3. The Reconstruction Pillar:

A Joint Committee shall be established comprising the Federal Government and Kurdistan Regional Government in order to rebuild the district, in coordination with the provincial administration of Ninewa governorate.

The committee’s level and the details of its tasks shall be identified by the Federal Prime Minister and KRG Prime Minister.

4. For the purpose of following up on the provisions of the administrative and security pillars, a joint field committee shall be set up consisting of the relevant bodies of the two parties in order to follow up on the implementation of the agreement’s provisions.

Annex to the Agreement

Table of actions for following up on the Agreement’s implementation to restore stability and normalise conditions in Sinjar district

(The following is a textual representation of the table presented in the annex of the agreement.

To see table in orginal form refer to the agreement document)

Agreement on Sinjar District Administration and Security

1.Choosing a new mayor [qa'im maqam]

Implementing parties:

Joint Committee, Ninewa governor

Remarks:

According to legal and constitutional contexts

2. Considering other administrative positions in Sinjar district

Implementing parties:

Joint Committee, Ninewa governor, Sinjar mayor

Remarks:

According to legal and constitutional contexts

3. Responsibility for security within Sinjar district

Implementing parties:

Sinjar police department, National security service, National intelligence service

In coordination with security services in the Kurdistan region

4. Moving all armed formations and illegal groups outside the borders of Sinjar district

Implementing parties:

Joint Operations Command, Popular Mobilisation Forces

5. Appointing 2,500 members in the internal security forces in Sinjar, in coordination with the KRG

Implementing parties:

Federal Prime Minister's Office, Federal Ministry of Interior

Remarks:

1,000 members from the current Sinjar population and 1,500 from Sinjar district's IDPs in the camps

6. Security vetting of candidates for appointment as per paragraph 5

Implementing party:

Joint Committee

Remarks:

Excluding PKK members and affiliated formations

7. Putting an end to the PKK presence in Sinjar district and areas surrounding it and ensuring that the organisation and its affiliates have no role in the region

Implementing party:

Joint Forces Command

8.Setting up a Joint Field Committee for the purpose of following up the implementation of the administrative and security pillars

Implementing party:

Joint Committee

Remarks:

Representatives of security services in the Federal Government and KRG

9. Setting up a Joint Committee from the Federal Government and KRG in order to rebuild Sinjar district, in coordination with the local administration of Ninewa governorate

Implementing parties:

Federal Prime Minister's Office, KRG Prime Minister's Office

Agreement for Restoring Stability and Normalising Conditions in the Sinjar District

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Source agreement