Iraq’s Diyala boundary changes challenge Article 140 framework

Shafaq News- Diyala

Authorities in eastern Iraq’s Diyala province approved on Sunday the upgrade of Jalawla from a subdistrict to a district and the detachment of Al-Sadiyah from Khanaqin, prompting objections from civil activists.

An official document confirmed the establishment of Jalawla district, with the current subdistrict director tasked with overseeing administration until a district commissioner is appointed. The decision also makes Al-Sadiyah the fourth area separated from Khanaqin after Jalawla, Tikaf, and Al-Mila.

Local activists told Shafaq News that altering administrative boundaries in areas covered by Article 140 of the Constitution contravenes legal procedures. Changes in disputed territories, they argued, require constitutional mechanisms and mutual agreement between Baghdad and Erbil to protect community rights.

The General Board for Kurdistani Areas Outside the Region also opposed the measure yesterday, describing it as inconsistent with Article 140. Speaking to our agency, Fahmi Burhan, the board head, indicated that modifying Jalawla’s status without coordination falls outside the agreed constitutional framework.

Iraq’s Planning Ministry formalized the upgrade last week following a 2024 vote by the Diyala Provincial Council, according to council chairman Omar Al-Qaisi. The decision adds to ongoing disputes over territories in Diyala, Kirkuk, Nineveh, and Saladin, many affected by past Arabization policies. Article 140 was intended to resolve the status of disputed territories between Baghdad and Erbil through normalization, a census, and a referendum, yet it remains unimplemented nearly two decades later.