The Response of Kurdistan Parliament to the Council of Representatives of Iraq

10/2/2017 8:19:00 AM

Based on the “Amended Law No. (1) of 1992” and “Decision No. (1) of 2005”, the Kurdistan Parliament, as a national duty and representation of the sovereignty for the citizens and territories of Iraqi Kurdistan, in accordance with enforceable rules of international law and treaties and conventions which Iraq is a member of, or has ratified, and based on the basis of the Iraqi Constitution,  in particular articles “1, 2, 4, 5, 8, 9, 47, 110, 115, 117/first, 121”, and after the Council of Representatives of Iraq and the Council of Ministers of Iraq issued several unconstitutional and illegal resolutions as a reaction to the process of the referendum of the Iraqi Kurdistan people, after discussion of members of Kurdistan Parliament on those repercussions and reactions, the Kurdistan Parliament voted, in its ordinary session No. (2) on 30/09/2017, on the following points:

First: The Kurdistan Parliament congratulates and praises the success of the independence referendum for the people of Kurdistan, after it showed to the world in a democratic and civil process, based on the basis and rules of international law and the Iraqi Constitution, its desire for independence. At the same time, it recommends the official authorities of the Kurdistan Region to implement the outcome of the referendum held on 25/09/2017.

Second: The Kurdistan Parliament supports and approves the announcement of the Council of Ministers of the Kurdistan Region at its meeting No. (31) dated 28/09/2017, as part of the response of the Kurdistan Parliament to the decisions of the Iraqi Federal Council of Representatives and Council of Ministers, and emphasizes the government’s obligation to work according to the laws and decisions which are in force in the Kurdistan Region.

Third: We call upon the international community, neighboring countries, and the region, to respect the decision of the Kurdistan People in its exercise of the right to self-determination. The Kurdistan Parliament reassures neighboring countries and the region that the referendum of Kurdistan is not in any way a threat to the national security of any country, rather, that the Kurdistan Region has been and remains a factor of security and stability of the region as a whole.

Fourth: Based on paragraph (second) of Article 121 of the Iraqi Constitution, and the decision of Kurdistan Parliament No. (11) of 1992, the laws and decisions of the Iraqi Council of Representatives are not enforceable in the Kurdistan Region in any form, except after issuance of a decision to enforce it by Kurdistan Parliament.

Fifth: The Kurdistan Parliament rejects the decision of the Iraqi Federal Representatives Council at its meeting No. (23) dated 27/9/2017, as a reaction to the referendum inside the Kurdistan Region and Kurdistani areas outside the administration of the Region, and stresses that this decision is unconstitutional and illegal based on the following points:

1- What was stated in Paragraph (1) of the Council of Representatives decision is completely contrary to the federal system and the democratic basis established in Article (1) of the Constitution, and contrary to Article (8) of the Constitution, which states that Iraq respects its international obligations, because the decision of the Kurdistan People in the referendum of 25/09/2017 is based on the Iraqi Constitution, the Charter of the United Nations and both of the International Covenants of 1966, which Iraq has ratified by Law No. (193) of 1970.

2- The decision to hold the referendum in Iraqi Kurdistan on 25/09/2017 is based on the rule of the right to self-determination as a peremptory norm at the international level in a way that no country can stand against this rule, so how can the Council of Representatives of Iraq consider the right of self-determination for the citizens of Kurdistan a crime and demand prosecution for the participants in this process?

3- Concerning the binding of the commander-in-chief of the armed forces to deploy federal forces in the Kurdistani areas outside the administration of the Kurdistan Region, it is contrary to paragraph (First) of Article (9) of the Constitution, which does not allow the use of Iraqi armed forces and security forces against the components of the Iraqi people to resolve political disputes, as well as that, article (140) of the permanent Iraqi Constitution has given the right to resolve the fate of Kurdish areas outside the administration of the Region to the population of those areas through referendums and not through the issuance of the command to use force to control those areas, Kurdistan Parliament authorizes the commander-in-chief of the armed forces in the Kurdistan Region to take any necessary action to protect and preserve those areas and maintain security in them.

4- The decisions of the Ministerial Council of the Iraqi Security Council referred to in paragraph (3) of the resolution of the Council of Representatives have no mandatory force on Iraqi Kurdistan because it is outside of the exclusive powers of the federal government, at the same time, the Kurdistan Region in accordance with Law No. (4) of 2011 has its own Security Council.

5- The decision to close border crossings is not within the jurisdiction of the federal government, it is not referred to in any way in Article (110) of the Constitution, and in accordance with Article (115) of the Constitution, any subject that does not fall within the exclusive jurisdiction of the federal government is be within the jurisdiction of the regions.

6- Regarding the oil fields within the framework of the oil and gas policy, it also did not appear in Article (110) of the Iraqi Federal Constitution, but is regulated within the scope of Article (112) of the Constitution, so it is also not one of the exclusive powers of the federal government.

7- Concerning the closure of the representations and international offices in the Kurdistan Region, this right is a guaranteed constitutional and legal right for the Kurdistan Region, and the abolition of the authorization to open these representations and international offices without shortening the Kurdistan Region in the standards and instructions of the work of these representations and offices, is illegitimate and an abuse of power, as well as this, the subject is located within the scope of public international law where the work of consulates and diplomats is regulated by the Vienna Convention on Diplomatic and Consular Relations of 1963.

Sixth: Kurdistan Parliament rejects all decisions issued by the Iraqi Federal legislative, executive and judicial authorities, which were adopted as a reaction to the referendum process.

Finally, in view of the Kurdistan Parliament’s belief in the principle of peace between people and good neighborliness, it emphasizes a peaceful solution to all problems, and for that, authorizes the relevant parties to start a constructive dialogue. At the same time, the Kurdistan Parliament calls on the international community and the friends of our people to resent the decisions of the Iraqi Federal Council of Representatives and Council of Ministers, and take position to confront them, because these decisions, from the perspective of the Kurdistan Parliament, are a collective punishment for citizens of Kurdistan and are against the people of Kurdistan in all its components, also Kurdistan Parliament appreciates the initiative of the Supreme Cleric of the Shi'a Mr. (Ayatollah Sistani) for starting a dialogue and peaceful resolution to the problems, and welcomes any international or personal efforts to start negotiations and dialogue.


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