حماية حقوق الأقليات وفقاً لقواعد القانون الدولي العام والتشريعات الوطنية : أكراد العراق نموذجاً ـ دراسة مقارنة

The issue of minorities is not a new topic, but the study of its political, cultural and social dimensions did not find sufficient opportunity except in the current era, especially at the international level. Nevertheless, the issue of protecting the rights of minorities remains controversial and raises many questions that remain within the limits of limited attempts that do not reflect a general legal policy. The problem of protecting the rights of minorities in international law and national legislation continued to be described as the most obscure and complex issue. Minorities are not a phenomenon isolated from the structure of the international community. The stability of the social fabric allows the countries of the world today to come to the conclusion that most of these countries are not mono- nationalism and it is not ethnically, nationally, linguistically or religiously homogeneous. They are multinational and multi-ethnic, although some of these countries do not suffer from the inability to reconcile the interests of the different groups within them and their particularities. Thus, we find that there are countries, within narrow limits, do not know the problem of minorities, where they enjoy full national and collective rights, and the freedom to express their freedom and identity. The problem appears on a larger scale, where the countries in which ethnic minorities live is still persecuted, preventing them from their rights and from maintaining their independent ethnic existence within the state’s fabric by placing reservations on international texts and legislation, and restrictions in national laws, not obligating them to apply them at the national level, which leads to Instability and peaceful and security coexistence Through the foregoing, a framework has been identified in which to try to address the topics of the study by answering the specific problem and activating the means of protection and control by following the descriptive analytical approach to clarify the study. International and national texts and legislations were also dealt with in order to document them from a legal point of view. The study dealt with seven chapters, the first chapter entitled: Fundamentals ofResearch, which includes five sections. The first topic included the introduction and the importance of the topic, the reason for choosing it, and its objectives, and the second topic included the research problem, its questions, hypotheses, and methodology, and it dealt with in the third topic the limits of the research, ii: terms, means and tools, and the fourth topic included previous studies, and the research contribution to human thought, and the fifth topic included the structure of the research. The second chapter is entitled: the concept of the minority and determining the standard and types of minorities. It includes three sections; the first topic is the definition of the minority in language and terminology, the second topic is the criteria used in defining minorities, in terms of topic, number and feelings. The third section looks at types of religious minorities, linguistic minorities and ethnic minorities. The third chapter is entitled: Classification of Non-Muslims in Islamic Jurisprudence, and this chapter includes five investigations, the first topic is the definition of protection in jurisprudence and law, the second topic is the definition of righting jurisprudence and law, The third one is the division of land in Islam. The fourth is the definition of non-Muslims in the lands of Islam. The fifth topic is the legality of the Dhimmacontract and its legitimacy in Islam. The fourth chapter entitledas: Public and private rights of Kurdish minorities and the various Iraqi constitutions. It includes five sections, the first topic is the public and private rights of Kurdish minorities the geographical location and population distribution of the Iraqi Kurds, the second topic is the general civil and political rights of the Iraqi Kurds, and the third topic is the private civil and political rights of the Iraqi Kurds. The fourth topic deals with the public and private rights of the Kurds of Iraq. The fifth topic: The Kurds of Iraq in their constitution before the independence of Iraq in 1960 The fifth chapter is entitled: The fifth chapter is entitled Restrictions on the exercise of minority rights and protection mechanisms in international conventions in application to the Kurds of Iraq. It has three sections; the first topic is legal nature and the restrictions that are presented on them. The secondtopic:Mechanisms for protecting the rights of Kurdish minorities in accordance with international conventions, the third topic is Subcommittee on Prevention of Discrimination and Protection of Kurdish Minorities. Chapter Six, entitled: The role of international committees, the Security Council and the International Court of Justice in protecting Kurdish minorities in Iraq, this chapter includes foursections, The first topic is the role of the committees concerned with protecting the rights of the Kurdish minority in Iraq. The second topic: the International Committee and the Ajmer Cross, implementing the rules for protecting the Kurdish minority in Iraq. The third topic: the role of the Security Council in protecting Kurdish minorities in Iraq, and the fourth topic: The role of the International Court of Justice in protecting Kurdish minorities in Iraq. Chapter Seven entitled: The Impact of the Kurdish Minority on the Stability and Security of Iraq”. The Kurds of Iraq as a Model quote; It includes four topics, the first topic is the Kurds and their geographical distribution, the second topic is the crisis of multiple identity the Kurdish minority, the third topic, the role of external parties in fueling the Kurdish The study dealt with seven chapters. The first chapter is entitled as: Fundamentals of Research, which includes five sections: Some of the most important research findings are: 1- Minority rights are above all international, national and local rights and political considerations. It addresses the conscience of every human being regardless of differences of origin, race, religion, colour, or divergence of intellectual ideologies. 2- Most of the protection afforded to ethnic, religious, and linguistic minorities is of an indirect nature, and indirect protection means that in many relevant legal texts there is no reference to the minorities themselves. 3- The system for the protection of minorities within the framework of general international law, which represents the most advanced step in the legalization of rights, has been deficient, as it has not reached the broad global stage, as a number of groups remain outside the protection. 4- Article 27 of the International Covenant on Civil and Political Rights of 1966 restored the direct protection of minorities to general international law, albeit in its individual sense, but it remains weak despite being rich in new concepts and details. Its weakness is due to the fact that it has reduced the specific obligations of states, satisfied with general obligations, and leaves them with room for the way they choose to deal with minorities. 5- The main obstacle to public international law in its briefing and radical treatment of the issue of minorities is its collision with existing State entities. It is true that the rush to meet the aspirations of minorities may lead to global instability and increase internal and international conflicts, but failure to address the protection of minority rights or address them in the wrong ways will remain a persistent problem. 6- Regional security and stability can only be achieved within the framework of national and global security and stability Recommendations of this research are: 1- Special attention should be paid to ensuring that minorities are not discriminated against and enjoy all their rights on an equal basis and free from political quotas. 2- States should ensure, protect and promote the rights of minorities in public international law to reach the global stage and national legislation by incorporating them into constitutions so protect could involve all minorities. 3- Ensure and protect the rights of minorities at the international and national levels through the independence of the judiciary and the rule of law, thus achieving the principle of justice and action among minorities to establish the principle of guaranteeing the right of defense to a lawyer. 4- The loyalty of national institutions is often held for their countries, as they are the ones who choose them. To complete the international attention to the rights of minorities, regional institutions similar to national institutions are required and each State is provided with a regional observer to give impartiality to their performance. 5- The United Nations is responsible for the development of international human rights mechanisms and must abide by the principles enshrined in the Charter, the Universal Declaration and international conventions. 6- The necessity of activating the international mechanisms for protecting the rights of minorities through our recognition of deterrent sanctions, and not just writing reports, denouncing and denouncing the various practices of the rules of public international law. Justice and equality are the secret to the success of solutions to the issue of protecting the rights of minorities, and without them, it may be difficult to find real solutions to such issues, just as the solution to the problem of protecting the rights of minorities cannot exist within political and social systems that were primarily the reason for distorting the problem of minorities to lose confidence in them