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CHARTERED CONSTITUTION OF THE ASSYRIAN PROVISIONAL GOVERNMENT
IVAN KAKOVITCH - 1977
CHARTERED CONSTITUTION OF I.C.A.N. 1
TABLE OF CONTENTS
VIII. Amendments to Articles 1thru 14 ...................................................4,5,6
VII. Appropriations of Delegates ................................................................4
Assyrian Manifesto (Reprint) ....................................11.12.13,14,15,16
Assyrian Monetary Fund Form .........................................................1
V. Assyrian Provisional Government ........................................................3
III. Assyrian Rights to Nationhood ........................................................ 2
X. Assyrian Threat ..................................................................................9
IV. Brief History of Assyrian Manifesto ...................................................2,3
Circulation and Credits ......................................................................10
I . Goal ..................................................................................................2
VI. I.C.A.N. Functions ............................................................................3
II. Principal Project ...............................................................................2
Requisition Form of Constitution ............................................10
TABLE I ...............................................................................7
1 X. Why Do We Need A Government? .. . .8,9
2 CHARTERED CONSTITUTION OF I.C.A.N.
Autonomous Assyrian State (see Assyrian Manifesto, Declaration).
II. PRINCIPAL PROJECT
Unification of political bodies, societies of persons, and culturally inclined organizations for the purpose of promoting their mutual safety and advantage by the joint efforts of other combined strength.
However, due to disparity we Assyrians face in the world, because of its cultural, political, economic, religious and geographic divisions, such a unification is not feasible under one political party, one socio/economical or socio/political ideology, and one religion. And, were one to allow, on the other hand, to follow thru with numerous political parties, inclinations, loyalties, ideologies, religion, etc., then it would not be unity, but anarchy.
Hence, International Confederation of Assyrian Nation (I.C.A.N.), becomes not only imperative but essential, since all enterprises, no matter how versatile, cooperating under a single blanket, render it a conglomeration.
I.C.A.N. is not a monolithic organization. In fact it must not be misconstrued as an organization at all. It is a dogma, a catechism, or better yet a School of Thought.
Patriarchal, totalitarian or dictatorial as it may portray itself to be in its initial stages of conception, this School of Thought requires to be abided by, in order to render it successful. It takes the shape of a law, or in terms of a nation, a constitutional law, and eventually a Constitution.
Certainly, some rules and regulations are imposed upon some societies, but the majority have modified such rules-and keep doing so-to the times and needs of their people.
Therefore, as a matter of principle, there ought to be a set rule, and I.C.A.N. presents it. There ought to be modification of these set rules, and I.C.A.N. is doing so, and shall continue to do so as long as required whenever and wherever such rules are brought forward by anybody concerned.
I.C.A.N. shall, therefore, enforce this Constitution so that it is upheld by an individual, a group, a club, an organization or a political party.
III. ASSYRIAN RIGHTS TO NATIONHOOD
Further elaborations regarding this matter are out of scope, since such rights have been fully and justifiably described. (See Assyrian Manifesto, Sees. I and 11).
IV. BRIEF HISTORY OF ASSYRIAN MANIFESTO
The contents of Assyrian Manifesto are distinctly dominant in the works of Jefferson, Gandhi, Lenin, Montesquieu, Plato, Plutarch and Stalin, among others, and Assyrianism.
It was written due to an official request made by the Secretary-General of
CHARTERED CONSTITUTION OF I.C.A.N. 3
A.U.A., in October of 1974, 10 days prior to the latter's 7th Congress, held in Chicago, Ill., U.S.A.
Ever since its presentation at that Congress, some officials had tried to admonish not so much the Assyrian Manifesto itself, as its implementation as an idea and had used their offices as a bargaining point.
Since the Assyrian Manifesto had intended to present an idea-WHICH IT DID. Since this idea was to become law-WHICH IT IS. Since this law was to become a Constitution-WHICH IT HAS-it would have been inconceivable to place it in the hands of individuals who did not nor tried to understand its contents and functions, in the first place. Besides, it would have been impractical to incorporate this code of laws and regulations into a body which places itself above all laws and regulations.
Eventually, after lengthy deliberations with existing Assyrian organizations in the U.S.A., between Ivan Kakovitch (author of the Assyrian Manifesto), and namely, Assyrian National Quest, Chicago, and Bet-Nahrain Democratic Party USA, an agreement has been reached to implement I.C.A.N. and its framework, which lies strictly within the United Nations Charter.
Thus, the three above, fully registering their approval of the contents of Chartered Constitution of the Assyrian Provisional Government, shall be known, hereafter, as founders of I.C.A.N.
V. ASSYRIAN PROVISIONAL GOVERNMENT
Authorship of the Assyrian Manifesto, which in turn authors International Confederation of Assyrian Nation (I.C.A.N.), which in turn authors the Constitution, which in turn authors the Assyrian Provisional Government, which in turn authors an Executive Body, which in turn authors The Assyrian Chancery for international political undertakings on one hand, and governmental headquarters in Chicago, U.S.A., on the other, which in turn authors an Interim Cabinet, which in turn authors positions of serving the Assyrian Nation, are strictly a matter of logistics, and not confusion.
VI. I.C.A.N. FUNCTIONS
I.C.A.N. is a tolerable thought, and its strength lies in the fact that it is open to all parties of diverse ideologies. As a matter of fact, it even enables and encourages the intolerable to partake in its goals.
I.C.A.N., thus, institutes a democratic society in full sense, for all ideologies, no matter how versatile, to work within its framework without trying to impose cohesiveness among its diverse ideological bodies.
I.C.A.N. is not born to compete with Assyrian organizations, world over. It invites all involved or interested to get involved to compete within the Assyrian Provisional Government for better and more efficient ways to accomplish its tasks.
The only biases shown, shall be (a) the one against enemies of Assyrian's long cherished dream; and (b) against those who show disregard for the United Nations Charter.
4 CHARTERED CONSTITUTION OF I.C.A.N.
VII. APPROPRIATIONS OF DELEGATES (See Assyrian Manifesto, Sec. III ).
Amendments and modifications regarding implementation of I.C.A.N. are not only feasible, but recommended and justifiable wherever and whenever necessary. See Sec. VIII on following pages.
Should this government be informed of intentions of Assyrians residing in Romania, Bulgaria, Yugoslavia, Greece, China, India, Libya, Saudi Arabia and United Arab Emirates, to partake in government's functions, such a participation shall be welcomed sans proviso. This implies, that the number of delegates, prescribed as 80 members, may have to be increased one day.
VIII. AMENDMENTS TO ARTICLES 1 THRU 14. (See Assyrian Manifesto, Sec. IV).
Amendment #1 to Art. 1.
Abolition of title of Secretary-General, or Head of State. (See Assyrian Manifesto, Sec. IV, par. D, subsec. 1.)
This is done to comply with the International Law, whereas an autonomous state's head of state has been, is and shall be the head of state of the Central Government under whose jurisdiction this autonomy falls.
Amendment #1 to Art. 11.
Secretary of External Affairs to be known hereafter, as External National Affairs.
Amendment #2 to Art. 12.
Guideline #1 issued Oct. 15, 1976, specifies the following modifications in implementing the Assyrian Provisional Government:
1. Bureau of Assyrian Foreign Affairs, hereafter known as Assyrian Chancery, under the auspices of I.C.A.N., shall operate for the period of at least 2 years from Washington, D.C., U.S.A.
This Bureau is to be staffed by:
a. Ivan Kakovitch, Charge d'Affaires and Secretary of Foreign Affairs.
b. Thomas Kakovitch, Plenipotentiaries, functioning as confident and stand-in for Charg6 d'Affaires.
c. Jean Kakovitch, Editor.
d. Michele Erskine, Staff.
CHARTERED CONSTITUTION OF I.C.A.N. 5
2. Assyrian Provisional Government Headquarters, Chicago, Ill., U.S.A.
This Bureau is to be staffed by Bet Nahrain Democratic Party representatives as follows:
a. Guiliana Yoonan, Liaison Officer, Foreign Affairs.
b. William Dadesho and Ben Benjamin, Liaison Officers, Interior Affairs.
These three above Officers, shall be de facto members of the Executive Body of Assyrian Provisional Government.
Tasks, such as issuance of decrees pertaining to matters regarding Assyrian people, coordinating the emergency meetings on an intergovernmental basis, nominating committees, overseeing committees, ethics committees, ways and means committees, and other related functions shall fall under their jurisdiction. All above positions shall be filled by individuals, solely and at the discretion and recommendations of the Executive Body.
3 . Assyrian Provisional Government is to function on an Interim Cabinet level.
Article #11 Assyrian Manifesto describes 8 such ministerial portfolios. Thus, Interim Cabinet shall be composed as follows:
1. Executive Body (3 Liaison Officers, named in Sec. 2, subpar. a and b., above).
2. Secretary of Commerce, (Vacant)
3. Secretary of Education, (Vacant)
4. Secretary of External National Affairs (Vacant)
5. Secretary of Foreign Affairs (named in Sec. 1, subpar. a, above).
6. Secretary of Interior, (Vacant).
7. Secretary of Health, (Vacant).
8. Secretary of Justice, (Vacant).
9. Secretary of Security, (Vacant).
10. Secretary of Treasury (Awisha Hermis).
11. United Nations Representative, (at-large) [held by Chancellor].
Fifteen (15) voices representing the total votes of the Interim Cabinet, of the Assyrian Provisional Government. One vote for each Secretary, plus 3 votes for the Executive Body, representing Bet Nahrain Democratic Party, and 3 votes appropriated for the Chancellor, holding the titles of Charge d' Affaires, United Nations Representative and Secretary of Foreign Affairs.
4. Each person shall, therefore, be unauthorized to exercise his/her right(s) on final decisions pertaining to his/her assigned functions) falling under his/her respective department(s), @is prescribed in the Assyrian Manifesto, Se III, par . Central Committee, at his/her discretion, and bearing full responsibility for such judgement. However , all faulty judgments are impeachable by the Interim Cabinet emergency sessions. This discretionary secession decision to be used only as a last resort when the decisive vote of the Interim Cabinet reaches an impasse.
All Interim Cabinet members are to submit their ideas, projects, undertaking
6 CHARTERED CONSTITUTION OF I.C.A.N.
and others, to the Executive Body of the Assyrian Provisional Government for discussion and deliberation on Cabinet level prior instituting them.
All seven (7) Portfolios designated internationally, and distributed geographically throughout the world-which are named Vacant at press time-may have to be temporarily filled by the appointees of the Executive Body of the Assyrian Provisional Government. (See Assyrian Manifesto see. III, par. Central Committee).
Amendment #1 to Sec. V, Par. 1 Assyrian Manifesto
In lieu of 1% (tax deductible) contribution, on income . . . shall read:
a 1% voluntary contribution on income toward the purchase of bonds. (See Sec. VI, Par. F, Assyrian Manifesto).
Amendment #2 to Sec. V, Par. 2. Assyrian Manifesto Delegates Dues:
As per appropriation of the delegates to the Assyrian Congressional Delegation (See Assyrian Manifesto, Sec. III, Par. 2, subpar. 1) a per capita gross income per delegate of the country he/she Lire representing is both mandatory and pertinent.
These dues, just as individual contributory fees, are not to be considered donations of any sort. Since, 90% of Delegates dues and personal contributions are to be invested in Assyrian Bonds, (see Par. 5 on following pages), issued by the office of the Treasurer, payable at maturity to each contributor-whether jointly as a group or as an individual-should there be a desire to withdraw such contributions at no later than 6 years, or immediately after Congressional Delegates elections. (See Assyrian Manifesto, See. III, Subpar. A., par. 2, Constitutional Charter).
NOTE: To cover administrative and all other related expenses, as well as preparing the ground for the congressional Delegates elections, each country is, therefore, required to submit the amount indicated in the Table I, prior to its participation in the Interim Cabinet.
CHARTERED CONSTITUTION OF I.C.A.N. 7
TABLE I INTERNATIONAL DELEGATES FEES (Based on Gross Per Capita National Income')
Argentina (1) $ 1,500
Australia (3) 16,000
Brazil (1) 1,000
Canada (1) 6,000
Chile (1) 1,000
France (1) 5,500
Great Britain (1) 3,500
Iran (4) 14,000
Iraq (30) 65,000
Jordan (1) 500
Kuwait (1) 6,000
Syria (8) 5,000
Turkey (3) 3,000
Uruguay (l) 1,000
U.S.S.R2 (12) 75,000
Europe (1) 4,000
Figures in bold represent the number of delegates allocated.
1 Source: International Monetary Fund, Washington, D.C.
2 Per capita income, plus fringe benefits.
Negotiable Bonds at variations of:
$300.00 - Full Share $150.00 - Half Share $ 75.00 - Quarter Share $ 30.00 - One-tenth Share $ 10.00 - One-thirtieth Share
These bonds, in lieu of receipts shall be issued (see temporary form on following pages), for any sum invested in the Assyrian Monetary Fund either to individuals, groups, associations, political parties, or organizations, unless specified otherwise by the same.
The expenses of I.C.A.N. operations are to be based strictly on generated income and not on the principal.
8 CHARTERED CONSTITUTION OF I.C.A.N.
A set rule shall enable each individual participating in an organization to be a beneficiary of bonds value whenever such an individual has diligently worked for the period of one consecutive year for such an organization, in the name of 1. C. A. N.
Each designated locality cooperating with I.C.A.N. shall remain autonomous. Each shall have its own organization whose functions shall remain loyal to general principles of I.C.A.N..
Each bureau shall have own bank account in the name of I.C.A.N..
Each should proceed in cultivating goals of I.C.A.N. and each shall try to generate funds to purchase Assyrian Monetary Fund bonds.
It is to be noted that until the day when the Secretary of Commerce has been designated, all such bond purchases shall be submitted to the Treasurer of I.C.A.N., Chicago, Illinois, U.S.A., for deposit in the Central I.C.A.N. bank account.
IX. WHY DO WE NEED A GOVERNMENT?
"The problem of homelessness of an entire people must be solved said recently a most prominent leader of the Arab World, in an international conference, Of Course, referring to the plight of Palestinian nation.
Thus, interpreting the above statement in view of its momentum, one deduces that when an entire nation loses its home, it thus becomes an international problem.
Hence our task:
1. Let us not try to prove our nationhood, since we are one, but let us conduct ourselves like one.
2. We lost our homeland due to our inability of international conduct on one hand, and due to international intrigue and manipulations on the other.
Hence, we have to fill up the holes or our weakness, so that not to allow any more manipulations and generosities at our expense.
3. We are to deal with the governments of the world, then we ought to have one, since no agreement is worthwhile, unless It is signed at an international level, even if arbitrary.
Let us cooperate at least once in the period of 2,500 years on one issue. We are asking for this mandate for the period of 6 years, during which we won't obtain independence, because we do not seek it; during which we will probably not attain Autonomy, which we are seeking; and during which, finally, we probably will have the Assyrian file reopened and the case of our plight heard on the floor of the United Nations General Assembly.
Yes, we do not have to show the world we are Assyrians, since we know it
CHARTERED CONSTITUTION OF I.C.A.N. 9
quite well, but let us show the world that we also are a responsible nation, and not a group of disconcerted and misled individuals, whose business is solely social entertainment.
There is a unique solution to a well posed problem. Together we will find it, alone, not for another 2,500 years.
Remember a nation is dying while we are wrangling about methods of saving it.
X. ASSYRIAN THREAT?
No one can accuse us of asking what we believe is rightfully ours. No one can convict us of crime of unity. No one can condemn us for trying to learn to live among others. No one can threaten us, since our threat is that of the planet Pluto in its race against the Earth, circling the Sun.
10 CHARTERED CONSTITUTION OF I.C.A.N.
Publisher/Author/Editor IVAN KOKOVITCH
4849 Connecticut Ave., NW
Washington, DC 20015
Tel: (202) 362-7010
All Rights or part of therefore reserved.
Assyrian Manifesto D E C L A R A T I 0 N
In order to attain our goal and eventually meet our national aspirations within the framework of international law and without cultivating enmity and harboring opposition of any kind, from any government, in particular the Government of the Iraqi Arab Republic in relation to our justifiable claims and demands for a long-delayed act from its part, which is that of endeavoring the granting of THE AUTONOMOUS ASSYRIAN STATE in the Vilayat (Province) of Mossoul, Iraq, our sole duty is to enact a constitutional bylaws, which would allow us to proceed in formation of organizational governing, administrative, executive and functional departments of self-rule and operation of all Assyrians throughout the world.
This step is a must since self-government capabilities are prima facial requirements for seeking autonomy or independence.
"...Nations or States or* political bodies; societies of men united together for the purpose Of Promoting their mutual safety and advantage* by the joint efforts of other combined strength.
... Such a society has her affairs and her Interests, she deliberates end takes resolution In common; thus becoming a moral person who possesses an understanding and a will peculiar to herself, and is susceptible of Obligations and Rights......
-Emerich de vattel "Law of Nations" (pp. IV).
The Preliminary Draft of Statute of Limitations of Establishment of
INTERNATIONAL CONFEDERATION OF ASSYRIAN NATION (I. C. A. N.)
Is not only imperative but essential
I. RIGHTS OF
Does an Assyrian have the right to claim Nationality?
Before answering this question let us determine what is "Right" and what is "Nationality".
-For, the Right" being nothing more than the
power of doing what is morally possible, that is to say, what is proper and consistent with "Duty" -- it is evident that "Right" is derived from Duty, or passive obligation - the obligation we lie under to act in such manner. It is therefore necessary that a Nation should acquire a knowledge of the Obligations incumbent on her, in order that she may not only avoid all violation of her Duty, but also be able distinctly to ascertain her "Rights", or what she may lawfully require from other nations."
-Circa IV, Low of Nations
"Right" is Justice, and consequently Justice is Liberty or Freedom.
"Freedom is always freedom from something, and where a freedom is not conceived as the opposite of restraint, it is meaningless. "
The claim of nationality is to the right of a local group of men to pursue happiness together, with their own ways of control to secure equality among them. Fraternal feeling is not easy of attainment unless you have been brought up together hence the part played by history in the national sentiment. "
-Halford J. Mackinder
"...The claim of nationality is to the right of a local group of men to pursue happiness together, with their own ways of control to secure equality among them. Fraternal feeling is not easy of attainment unless you have been brought up together hence the part played by history in the national sentiment. "
-Halford J. Mackinder
"...A man seeks, not merely economic advantage, but also power, leisure, adventure, continuity of experience and security, he is concerned with his family, the familiar values of his regional and national culture and a bit of fun down at the local level. And beyond these diverse homely attachments, man is also capable of being moved by a sense of connection with human beings everywhere who, he recognizes, share his paradoxical condition. "...
-Welt Whitman Rostow
(The following excerpts are extractions from "The Bees. Their Honey and The World" by Ivan Kokovitch - pub. 1970, Nosrat Press, Teheran, Iran - pp. 52-84).
12 CHARTERED CONSTITUTION OF I.C.A.N.
All references dealing with this subject are exact extractions from court proceedings and related activities taken into debates by international lawyers and jurists, as well as deliberations of Special Commission's Reports concerning "The Assyrian Dilemma," which was the principal issue, and which remained insoluble for a period of eight years, facing the( League of Nations between the years of 1925 through 1933.
A. IRAQ vs. ASSYRIAN POPULATION
In 1933, the Iraqi government organized an expedition which burned some twenty Assyrian villages, massacring their inhabitants. No Arab voice was raised in protest against this ruthlessness, and the commander of the expedition, Colonel Bekr-Sidki, earned a reputation as a national hero, young King Ghazi promptly promoting him to a higher rank,
The League of Nations did not anticipate the debate of the massacre in its conferences of peace officially, on the basis that the expedition was nothing but a punitive one. The members of the League of Nations were convinced that the Iraqi Royal Government had sent its troops to punish the Assyrians who, while trying to return to Iraq from Syria, shot and killed a law Iraqi soldiers who opposed them at the Iraqi frontier posts, and then crossed the border.
After the assassination of Mar-Shimon, their secular leader by the organizers and hosts to the peace conference table - to which he was invited for peaceful negotiations - the Assyrians headed North, where Tsar Nicolai 11 had promised them a haven among Christians of Russia. It was during this migration that the British authorities encouraged them to change their course and to go West, to Iraq, where the British government, being Anglican, would protect them from any invasion of Moslems Iraq, then a British Mandate was chosen as residence for about 250,000 landless. leaderless, and homeless peoples. Kirkuk and Mossoul, now populated largely by a Kurd and Arab majority, were the new residence for the Assyrians who joined other remnants of the Ancient Empire of Assyria and Babylonia still living in or around the above-mentioned cities
Tension increased when the Assyrian Patriarchal Regency asked for restoration of the "Millat System" (National Autonomy) which would give greater autonomy to her coreligionists. Matters came to a head when, in 1933, a desperate group of Assyrians crossed from Iraq to Syria in search of some more promising heaven, after their massacre by the armed bands in Mossoul which was the product of the Peace Conference in Geneva in its session of July 1C,, 1925 and Its favorable doctor*" toward the Assyrians during the debate known as "THE QUESTION OF MOSSOUL."
B. CAUSES OF MIGRATION
They had crossed Iraq en route to Lebanon for some more promising heaven, only to find that the French mandatory authorities were determined to prevent their infiltration, by force, it necessary. This was. caused by the Arab Nationalists of Lebanon, who did not wish to see a single Christian entering this divided province between Moslems and Christians, and where the Christians were already above average in comparison with Moslems.
Consequently, the Assyrians were pushed back to Iraq, and were met with opposition at the Iraqi frontier posts. Eventually there occurred a skirmish and Assyrians killed a few Iraqi soldiers. It was this uproar that supposedly tied the hands of the League of Nations.
C. STATUS QUO
A State ceases to exist when It has lost the essential marks or distinguishing characteristics of a State. It may become extinct through voluntary action or as a result of conquest.
Theoretically, extinction might result from natural causes, such as depopulation, extermination, total emigration, or a permanent condition of anarchy, But practically, states are extinguished through voluntary incorporation, forcible annexation, division into several states, or union with other states.
In the case of the Assyrians in Iraq, none of the factors described above could be applied, except for the factor known as depopulation.
This depopulation factor was caused by extermination or better yet, extermination by force. It is obvious that the observance of any agreements or promises made by the successive state to an annexed or incorporated state is a matter of conscience, or of moral rather than of legal obligation, but on the other hand, during the extinction of the Political State of Assyria, there was NOT a successive state by the name of IRAQ.
D. STATE OF IRAQ
For whatever reasons there were (immaterial to be mentioned In this case), on October 3, 1932, Iraq was admitted to the League of Nations following favorable but somewhat hesitant reports from the Permanent Mandates Commission.
Prior to admitting Iraq, the League asked her to give guarantees for the protection of minorities: "The Rights of foreigners";
for Human Rights", etc... In compliance with these conditions, Iraq on May 30. 1932, had issued a declaration containing the required guarantees.
CHARTERED CONSTITUTION OF I.C.A.N. 13
E. TREATIES WITH GREAT BRITAIN
Faced with strong nationalist agitation, the British Government did not ask the League of Nations for the formal assignment of a Mandate but, instead, decided to exercise its control by ,,means of a treaty with Iraq. Such a treaty was concluded on October 10, 1922. This treaty confirmed British control of Iraq by giving Britain the rights, among which clause No. 3 prescribed "The Protection 01 Foreigners And Christian Minorities."
Henceforth, considering the Assyrian State being totally absorbed, International Law says:
"...In case of total extinction and absorption or incorporation, the authorities are generally agreed that the annexing or absorbing State ,succeeds In the main to the rights and obligations of the extinguished State, The conqueror who reduces a nation to his subjection receives It, subject to all its
engagements and duties toward others, the fulfillment of which then becomes his own duty.
F. CIVIL WAR AND INSURRECTION
The general rule is that
". a sovereign is not ordinarily responsible to
alien residents for injuries they receive on his territory from belligerent action, or from insurgents whom he could not control, or whom the claimant government or individual had recognized as belligerents......
But, there are exceptions to general principles: INDEMNITY would seem due to foreigners by way of exception in the following cases:
· Where there has been shown a lack of due diligervce on the part of the authorities either to prevent or to punish injuries.
· Where the act complained of is directed against them because they are foreigners, or as belonging to some particular nationality,
n" or religion.
t Where the injury results from an act contrary to the laws or treaties of the country in which the act is committed, and for which no redress can otherwise be obtained.
· When there has been a serious violation of
International Law, more especially of the rules of civilized warfare.
In cases of a gross violation or an evident denial of )justice, or of undue discrimination against foreigners on the part of the authorities.
G. VIOLATION OF INTERNATIONAL LAW
The following acts were committed in violation of International Law:
· The victims had no legal access to the administrative authorities and local courts for this purpose, because they were non-Moslems, and the Islamic Court was to their
disadvantage. Therefore, the rejection of "Millat System" was a denial of justice.
· Certain crimes of violence, such as murder, robbery, mayhem, rape, burglary, assault and battery, etc. are punishable by military Commissions or other tribunals of like jurisdiction, But, in the case of the massacre of Assyrians by government troops, and the promotion of the leader of the expedition to the rank of General - as a merit for this expedition - even though he burned and killed children and women among other untold violations, was also in violation of International Law.
It is required to fulfill the conditions stated In the guarantee and no more ., this guarantee was in compliance with the League of Nations and Iraq on the eve of its independence.
As an English monarch put it:
"The Law of Nations has been adhered to rather than cannoned .....
H. BREACH OF TREATIES
Based on the decision of the Allied Supreme
Council which had convened in San Remo on
April 25, 1920, Iraq was assigned to Great Britain as a mandate by the Article 22 of the Covenant of the League of Nations dealing with the Mandatory System.
From 1924 to 1930, Iraq's demands for a greater measure of freedom grew more vocal. In contrast with Iraqi aspirations for independence were the doubts of the Council (of the League of Nations as to Iraq's fitness for self-government.
These doubts were manifested in 1925 when Mossoul was assigned to Iraq on condition that the British mandate be continued for ano0w 25 years,
By those treaties, the Assyrian dilemma was overshadowed and remains so until the present day By this act, not only Assyrians lost their privileges, but so did the Kurds.
Thus, Assyrian demands and aspirations for Autonomy were shelved on December 16,1925, when Mossoul was awarded to Iraq. It is amazing to note that on December 17, 1925, Turkish Foreign Minister rushes to Paris and concludes a treaty of friendship and non-aggression with the Soviet Plenipotentiaries,
I. GREAT BRITAIN vs. MINORITIES
Obviously, Great Britain had to reconcile. and the most important act of reconciliation occurred with Turkey-
14 CHARTERED CONSTITUTION OF I.C.A.N.
As has been pointed out, Turkish resentment had accumulated against the British. British support of the Greeks in 1919, the championing of national minorities, British occupation of Constantinople after the war and the resulting arbitrary arrests and deportations, the British pro-Arab attitude and support of the Kurds, together with the Mossoul problem, accounted for this resentment.
The Kurdistan problem seemed particularly irritating, A number of British intelligence officers in the Iraqi mandatory administration entertained the idea that an independent Kurdish State under British influence might be carved out of the territories of Iraq, Turkey and possibly Iran at the cost of Assyrian minority.
This idea originated long before the "Lausanne treaty," and the support of Kurdish aspirations was used as a weapon against the recalcitrant Turkish nationalists. The provisions about Kurdish autonomy in The Treaty of Sevres, the Kurdish rebellion of 1925 (which coincided with the Mossoul controversy), and finally British insistence on retention of the Kurdish-inhabited province of Mossoul appeared to the Turks as evidences of a sinister plot to undermine Turkish political and territorial
J. TREATIES BETWEEN TURKEY AND GREAT BRITAIN
Much wisdom and moderation were required
to put aside these suspicions and to make a friendly advance toward these former enemies. On June 5, 1926, Turkey concluded a treaty with Great Britain definitely selling the Mossoul Question.
By this act, Turkey agreed to relinquish her claims to Mossoul in exchange for a promissory future unofficial guarantee of ten per cent of Mossoul's oil productions available for her use. To Turkey's satisfaction, no mention was made of Kurdish autonomy or independence. But the most glamorous point was that the British
accepted Turkish decision NOT to allow the
Assyrian expellers of World War I to return to "their homes In Turkey, which meant the removal of Assyrians from the Vilayat (Province) of Mossoul, the land promised them soma 12 years ago by British authorities.
K. BREACH OF HUMAN RIGHTS IN AWARDING MOSSOUL TO IRAQ
Thus, subjugating 270,000 souls of Christians into 2.5 million Moslems under the' SHARI'A'- Moslem Municipal Low, under which Moslems have judicial priority, and the law known to Westerners as a Secular Municipal Law, whereas the state is religion, and religion is state, does not comply with human rights and international obligations.
The real questions are, therefore, whether protection is desirable or feasible for the Christians, and what are the respective responsibilities of Great Britain and the League of Nations in this matter.
Could the International Body be responsible for the creation of Iraq - for that is what the proposed offensive and defensive alliance really means - and be indifferent to the justice of its Internal Administration? An eminent international lawyer, one of the regular voices on this case, asserted that this treaty sets up a virtual protectorate over Iraq. which means that the answer was negative to the question posed above.
would have been a source of weakness on the Turkish frontier And if this should let other minorities, the Kurds for example, demand similar far treatment - which they also rightfully deserved - then one might have reminded the Arabs of the Eastern fable familiar to them. of the drying peasant who invited his sons to break a bundle of
sticks A federation of self-interest is much stronger than a purely centralized Government of discordant minorities.
Taking all these factors into
consideration, this minority was qualified to obtain the "Millat System" solely because it would be able to fulfill the necessary ,Qualifications for its defense, revenue, access to its own courts, etc ..
III. THE ASSYRIAN TASK AND OBLIGATIONS
A. TRANSFORMATION OF A DREAM INTO A REALITY
One can live by an ideal and die by it. An ideal is a dream until it is-put into theory. This theory remains as such until experimented upon. This experimentation leads us to draw final plans, and consequently these plans remain so, until the construction has begun. It is this last step that provides reality.
Thus, whether we, Assyrians, number some 600,000 or 2,600,000 is immaterial. What is material though, is the fact that we are products of different environments, different geographical and sociological cultures, different patterns of education, and so on, _and so on
Hence our problem. Each one of us has a Dream. Each one of us is lead by his individualistic instinct of Theorizing. Each one of us has a Plan better than any other In other words, when it comes to Assyrianism, we are all Leaders with no followers Perhaps, it is all so, because we have been followers of numerous conquerors, political entities, states, governments, ideologies, and what have we. Even in today's daily life we obediently follow Absolute Monarchs in one part of the world and Communism in the other, Constitutional Monarchy in one and Marxism in the other, A Ba'atist Government in one and Capitalist Government in the other, and so on.
CHARTERED CONSTITUTION OF I.C.A.N. 15
But. as mentioned in the above first paragraph, we lack the most essential element, and that is an Executive Plan In Unison.
To meet reality face to face and to function fruitfully within its scope a unison in ideals, theories and planning is required and it is only after this unison that we can proceed in the final construction
Hence, the importance of formation of I. C. A. N. so that the following procedures are Immediately undertaken;
1. Governing BODY
The validity of such a body is only justifiable when its composition and authority is equally distributed throughout the nations where Assyrians reside Obviously due to international political factors, such a distribution is mainly to be expanded on geographical rather than political basis.
2. Constitutional Charter
This Charter is to proceed as following:
o Assyrian Congressional Delegation:-
Assyrians world over, are to elect their Congressional Delegates on international suffrage basis for a term of 2-years. The Assyrian Congress is to number 80 members with the following representations: :
Australia .. 3
Great Britain .... ....1
Lebanon ... ....1
U.S.S.R .. ..12
Such a distribution of congressional representation is ostensibly designed so as to symbolically and function-wise each geographic area of Assyrian residence is fairly represented.
The convocation of the Assyrian Congress shall be due every six years in a pre-designated country. and a single delegate from a particular geographical area could cast the votes for all delegates - either pro or con - of his country of origin, should he be duly authorized to do so.
Executive Body _ This body is to be selected by the members of the Assyrian Congressional Delegates. It is to be composed of 25 members presenting the following:
Kuwait, Jordan, Lebanon ..1
South/Central America .1
The Executive Body is to be selected for a period of a 4-year term. Like the Assyrian Congress, it is also to meet in conjunction with the first every six years in a pre-designated country.
· Central Committee _ This Committee will actually and de facto be the governing body. It is to be composed of 8 members, assigned for a 6-year term as portfolio Ministers for the Departments within the Government of the Assyrian Nation. The Ministerial portfolio each member shall be carrying is as following:
Australia _ Secretary of Interior -
duties ranging in census, planning, labor, agriculture, etc
Canada-U.S.A. _ Secretary of Treasury -
So./Cen.America duties ranging from raising of funds, selling of bonds, budgetary
appropriations and allocations, financing and controlling of treasury, etc.
Iran-Turkey_ Secretary of Security -
duties to include police, investigation. research, information, transportation,
Iraq _ Secretary of Justice
duties to cover criminal, civic and international law judicial system, e.g.
prosecution defense, etc.
Secretary of Health_
duties spreading throughout the sphere in health, medicine. hygiene., etc
16 CHARTERED CONSTITUTION OF I.C.A.N.
SyrkWordan- - Secretary of External Affairs
Kuwait-Lebanon - duties extending to handling of refugee problems, migration, placement, welfare and protection., etc
U.S.S.R. Secretary at Education
duties encompassing education, fine arts, talent appreciation and exhibition, scholarships, career placement, and particularly in conducting a research into Latinization of the Assyrian Script., etc.
Europe Secretary of Commerce -
duties in marketing, trade, economics, investment, etc.
o Secretary General - The secretary-general Is to be selected from and by the members of the Central Committee for a period of 6-year term.
He is to seat and cast his vote on any major international and national decision, with a vote-carrying voice of three (3) units. This is necessary because with each member of the Central Committee carrying 1 vote unit, excepting Iraq, which is given two (2) Ministerial Portfolios.
The functions of the Secretary-General will range from that of Head of International Confederation of the Assyrian State, to that of Assyrian Ambassador world-over, to. Liaison Officer, Editor/Publisher, Secretary of Foreign Affairs, to that of Permanent non-voting Representative of the Assyrian Nation to the United Nations General Assembly. The latter two (2) positions filled by the Secretary-General are to be designated to another person, should there be budget allocations provided for this purpose in the first 6-year term.
CONSTITUTION AND BYLAWS
ARTICLE 1: - Selection of Secretary-General
not later than January 28, 1975 by the existing Assyrian associations and their affiliates.
To authorize such a designee as the Head of the Assyrian Nation on a de lure basis
ARTICLE 2. - The Secretary-General is to proceed as a first step, to register the International Confederation of Assyrian Nation in a neutral country, with great deal of exposure to international affairs.
ARTICLE 3: - issuance of a decree proclaiming an Assyrian any person with Assyrian or Chaldean ancestral background, whether such a person be a monarchist, Marxist socialist, ba'atist, capitalist, or atheist, evangelist, catholic or Nestorian,
ARTICLE 4: - Issuing a decree demanding not to draft an Assyrian into the armed forces of two countries of opposing ideologies and on the warpath, unless such a person volunteers
ARTICLE 5: - The Secretary General is to publish a monthly magazine dealing with monthly progress reports and information, at least in three (3) languages
ARTICLE 6: - The Secretary-General is to prepare the Assyrian Case for presentation and submission) to a friendly government member of the United Nations, so that such a case could be taken for discussion. deliberation and debate onto the floor of the United Nations General Assembly.
ARTICLE 7: - The Secretary-General is to seek a non-voting seat in the United Nations General Assembly
ARTICLE 8: - The Assyrian Case is to lay strictly within) the international law structure and within the Charter of the United Nations
ARTICLE 9: - The Secretary-General is to conduct discussions and consultations with all the governments and th6t respective representatives, indiscriminately.
ARTICLE 10: - Immediate formation of Assyrian Personnel pool
ARTICLE 11: - Selection from this Pool personnel for the following positions within the I.C.A.N.
¨ Secretary of Commerce
Secretary of Education
¨ Secretary of External Affairs
¨ Secretary of Health
¨ Secretary of Interior
¨ Secretary of Justice
¨ Secretary of Security
¨ Secretary of Treasury
ARTICLE12: - Raising and providing the Secretary-General with the minimum working budget of $70,000 per annum to conduct the I.C.A.N. operations. (it is recommended that these funds be raised strictly on voluntary basis)
ARTICLE 13.- - So that the work of I C A N continues to function normally, should the Secretary-General designated become incapacitated, the latter.. shall select tour. (4) persons incognito and place the names-in order of preference in a vault of , Swiss bank
ARTICLE 14: - The Secretary-General is to seek diplomatic recognition from all nations
V. RECOMMENDATIONS FOR FINANCIAL OPERATIONS
Besides voluntary contributions for the operation of the Secretariat, it is necessary that we institute the following two (2) steps for further expansion of Assyrian involvement in the world affairs.
1. Funds from Membership Dues,
2. Formation of Assyrian Financial Corporation
CHARTERED CONSTITUTION OF I.C.A.N.
ASSYRIAN MONETARY FUND
Negotiable Bond $ __________ No. _______ Share ______
INTERNATIONAL CONFEDERATION OF ASSYRIAN NATION ASSYRIAN POLITICAL ARM THIS CERTIFIES THAT ________________________________________________________
is the owner of $ Promissory Note payable in six (6) years from the below date, at value thereof.
IN WITNESS WHEREOF, the said Organization has caused this Certificate to be signed by its duly authorized officer(s) and to be sealed with the Seal of the Organization.
this ____________ day of___________ A.D. 19_____
Denominations.- $300 - Fall Share,- $150 - 112 Share,- $75 - 114 Share; $30 - 1/10 Share and $10 - 1130 Share.
Awisha Hermis, Treasure, I.C.A.N.
ASSYRIAN PROVISIONAL GOVERNMENT
On August 1, 1977 INTERNATIONAL CONFEDERATION OF ASSYRIAN NATION ( I.C.A.N.) Sworn to Uphold the Assyrian National Rights and Aspiration as a Nation, in a manner prescribed in the Assyrian Manifesto (Pub. Oct. 15, 1974, Washington, D.C., U.S.A.). Has Submitted A Petition for Registration to the U.S. Department of Justice, WASHINGTON, D.C. U.S.A.* and Announces the Formation of ASSYRIAN PROVISIONAL GOVERNMENT As Per CHARTERED CONSTITUTION
4849 Connecticut AVE., N.W.
WASHINGTON, D. C. 20015
U. S. A.
General proceeding for International Registry undertaken ASSYRIAN PROVISIONAL GOVERNMENT
-- signature .
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