CHARTERED CONSTITUTION OF
THE ASSYRIAN PROVISIONAL
GOVERNMENT IVAN KAKOVITCH - 1977
CHARTERED CONSTITUTION OF I.C.A.N.
1
TABLE OF CONTENTS
Address …………………………………………………………………Back
Cover
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
Bonds .............................................................................................7,8
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.
I. GOAL
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.
A
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.
IMPORTANT NOTICE
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
Lebanon(1)
2,000
Syria (8)
5,000
Turkey (3)
3,000
Uruguay (l)
1,000
U.S.A.(9)
60,000
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.
5. BONDS
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.
Circulation
2000
Publisher/Author/Editor IVAN KOKOVITCH
Assyrian Chancery
4849 Connecticut Ave., NW
Washington, DC 20015
U.S.A.
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).
Hence.
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
NATIONALISM
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. "
-Georges Simmel
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
And yet:
"...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
II.GROUNDSFOR
CLAIMING
AUTONOMY
(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
integrity.
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: :
Argentina………………………………....1
Australia……………………………..……3
Brazil ………………………………........1
Canada………………………………......1
Chile………………………………..........1
France ………………………………......1
Great Britain ……………………....…....1
Iran ………………………………...........4
Iraq ……………………………….........30
Jordan ………………………………......1
Kuwait ………………………………......1
Lebanon …………………………...…....1
Syria ………………………………........8
Turkey ………………………………......3
Uruguay ………………………………....1
USA ………………………………......9
U.S.S.R …………………………..…..12
Europe ………………………………....1
TOTAL................. 80
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:
Australia…………………………..1
Canada……………………………1
Iran………………………………..2
Iraq………………………………..8
Kuwait, Jordan, Lebanon………..1
Turkey…………………………….1
South/Central America………….1
Syria………………………………2
USA……………………………..3
U.S.S.R…………………………..4
Europe……………………………1
Total…………25
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,
communication, etc
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.
IV. ASSYRIAN
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
ASSYRIAN CHANCERY
4849 Connecticut AVE., N.W.
SUITE 506
WASHINGTON, D. C. 20015
U. S. A.
General proceeding for
International Registry undertaken ASSYRIAN PROVISIONAL
GOVERNMENT
|