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Iraq: A Federal Court decision ignites a new dispute between Baghdad and Erbil


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He pointed out that "the dollar crisis is fabricated, as is the promotion of its dangers, and it will not directly affect the life of the Iraqi citizen." 

 Ahmed Haji 
       
Iraqi politician and head of the Al-Watan Party, Mishaan al-Jubouri
Iraqi politician and head of the Al-Watan Party, Mishaan al-Jubouri
 

Erbil (Kurdistan 24) - The Iraqi politician and head of the Al-Watan Party, Mishaan al-Jubouri, confirmed today, Thursday, that cutting the salaries of citizens of the Kurdistan Region by the Federal Court is a form of collective punishment.

 

"I am also a victim of one of the Federal Court's decisions," Mishaan al-Jubouri said in an interview with Kurdistan 24, stressing that "the salaries of the citizens of the Kurdistan Region should not be subject to ijtihad and interpretation."

 

He added, "The salaries of the citizens of the Kurdistan Region should not be part of the political differences between Erbil and Baghdad," noting that "the Iraqi state now gives salaries to several million people in the form of monthly aid, so how can it cut the salaries of those who perform their duties in the Peshmerga and civil works in Kurdistan?"

 

He stressed that "the Iraqi parliament can reconsider the law of the Federal Court and its powers," pointing out that "this does not require an amendment to the constitution."

 

He continued, "I share the opinion of the leaders of the Kurdistan Region that the Sudanese is honest, respects the promise, and implements what he says," noting that "now he is looking for a way out to bypass the Federal Court's decision to send the region's dues as he committed himself to the political agreement under which he became prime minister."

 

He pointed out that "the dollar crisis is fabricated, as well as promoting its dangers, and it will not directly affect the life of the Iraqi citizen."

 

He pointed out that "Al-Kazemi's government signed an agreement with the United States to dry up Iran's sources of obtaining the dollar," stressing that "the countries that imposed sanctions on Iran realized that Iraq is one of Tehran's major sources of obtaining the dollar."

 

And he stressed that "99 percent of the cash dollar in Iraq smuggles out of the country through fake bills," noting that "this is no longer possible after the Central Bank formed a platform for obtaining and buying dollars."

 

And between, "In the past, the United States of America used to send us private planes loaded with cash dollars," pointing out that "now they do not send these planes and consider that this money is being used illegally."

 

He noted that "99 percent of the Iraqi dollar is smuggled to Argentina."

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New differences prevent a second meeting between the National and the Democratic
  
{Politics: Al Furat News} The Patriotic Union of Kurdistan confirmed today, Saturday, that new differences prevented the holding of a second meeting between the two Kurdish parties in Sulaymaniyah, which was scheduled to take place today.

"It was hoped that the delegations of the Democratic Party and the Union would meet for the second meeting today in Sulaymaniyah, but new differences arose that prevented the matter, and the meeting was canceled in the hope of setting a new date," Ghiath Surji, a leader in the National Democratic Party, told Al Furat News.

He added, "The differences were due to the accusation of some pages and websites belonging to the Democratic Party of the Union regarding the recent Federal Court decision to stop the sums of money for the region, which increased the depth of the dispute, especially since the Union did not take any step towards this matter or interfere in it."

He pointed out that "resolving the dispute with the Democratic Party will require multiple meetings before resolving it."

Raghad Daham

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Pavel Talabani in Sulaymaniyah, October 2021 (Faraj Mahmoud / Anadolu Agency)
 

A judicial decision in Erbil last Wednesday blew up American and international efforts made over the past two months to end the political crisis in the Kurdistan region between the two main parties, namely the "Kurdistan Democratic Party" ruling in Erbil, led by Masoud Barzani, and the "Patotic Union of Kurdistan", which considers Sulaymaniyah Its main stronghold is currently headed by Pavel Talabani, the son of its former founder, Jalal Talabani.

 

And last Wednesday, the Erbil Main Court issued a ruling in favor of the co-chair of the Patriotic Union of Kurdistan party, Lahore Sheikh Gengi, invalidating his exclusion from the leadership of the party, after he filed a judicial appeal. On the other hand, a court in Baghdad issued a decision endorsing the survival of Pavel Talabani, an ally of the "coordinating framework" forces, as head of the "National Democratic Union" party, and endorsing the validity of removing the joint president with him, Lahore Sheikh Genki.

 

Since the death of Jalal Al-Taliban, the founder of the National Union, the second largest party in the Kurdistan region and known for its strong ties with Iran, in October 2017, the party has not agreed on a new president, and a conciliatory formula was reached through a joint presidency between Bavel, Talabani's eldest son, Janki is the nephew of Jalal Talabani.

It was decided to cancel today's meeting between the "National Union" and the "Democratic" following the verdict issued by the Court of Erbil in favor of Genki

However, disputes continued over influence and leadership amid mutual accusations that ended with Pavel Talabani carrying out a quick coup, by imposing house arrest on Janki, arresting his close associates and dismissing others, before a meeting of the party leadership, in October 2021, in which he decided to dismiss Janki from party leadership, who responded by filing a complaint. To the judiciary in Erbil and Baghdad, he contests the measures taken against him.

Two contradictory decisions

Last Wednesday, a specialized court in Erbil decided that Janki's dismissal was invalid for lacking the right foundations, considering that he was still co-chair of the Patriotic Union of Kurdistan. On the other hand, the Department of Political Parties and Organizations in the High Electoral Commission in Baghdad, which is a body that has no judicial powers, supported the legality and legitimacy of the National Union's decisions, which included dismissing Genki and naming Pavel Talabani as the party's general president.

 

According to the decision, which was sent in an official letter to the regional government, "there is no longer a co-presidency system in the National Union Party, given the fundamentality of amending the party's internal curriculum, and informing the Political Parties and Organizations Department of the High Electoral Commission of that officially."

 

A prominent leader in the "Patriotic Union of Kurdistan" told Al-Araby Al-Jadeed that "it was decided to cancel the meeting scheduled for today, Saturday, between the Patriotic Union and the Kurdistan Democratic Party, after the verdict was issued by the Erbil Court in favor of Genki, in which the latter was considered the legitimate co-chair of the Patriotic Union." ".

 

He pointed out that "the Patriotic Union accuses its rival, the Kurdistan Democratic Party, of being biased in favor of Genki." The leader described the Erbil court's decision as "politicized by the Kurdistan Democratic Party, and will not be dealt with at all."

American mediation between the two parties

Since last November, the United States, along with the United Nations Mission, has engaged in mediation to settle differences between the two parties, which reached a climax last December, when ministers in the regional government affiliated with the National Union party boycotted meetings and returned to Sulaymaniyah.

 

The most prominent points of the political crisis include the issue of legislative elections in the region, and the method of organizing them according to multiple constituencies, or one constituency, in addition to the issue of accusing the "Kurdistan Democratic Party" led by Masoud Barzani of monopolizing power, and discrimination in the distribution of reconstruction and development projects from one region to another, according to the index of support for the "democratic party". Whether or not, in addition to other accusations related to controlling Western aid to the region, especially the military Peshmerga in the war on terrorism.

 

Last Thursday evening, the UN Special Envoy to Iraq, Jeanine Plasschaert, warned, in a briefing to the UN Security Council on the situation in Iraq, of the risks associated with the political disputes in the Kurdistan region.

 

She said, "Unfortunately, the political divisions in this region, and between the political parties, continue. Last Saturday, there was a meeting of the parties in Sulaymaniyah, and this gave us some hope, but the situation is still somewhat fragmented, unfortunately."

Blaskhart added that "time should not be wasted, and concessions should be made on some outstanding issues related to financial, administrative and security conditions and disputes related to the elections."

 

In this context, the options for American pressure to achieve a political settlement within the region may include threatening to suspend financial and military aid provided to the Ministry of Peshmerga, in the event that a solution to the current disputes is not reached, especially after the National Union threatened to return to the independent administration of the city of Sulaymaniyah, away from Erbil. .

 

Repin Salam accused the "National Union" of procrastinating and trying to inflame the current situation in the region

According to political sources in Erbil, the American side understands that the Patriotic Union is under pressure from the Iranian-allied forces in Baghdad regarding several files, including opposition to extending the proposed gas pipeline from the region's fields to Turkey, as well as the issue of uniting the Kurdish Peshmerga forces under one leadership.

 

The White House coordinator for Middle East affairs, Brett McGurk, visited the Kurdistan region twice during the past month. At that time, he held separate meetings with the leaders of the "Kurdistan Democratic Union" and the "Kurdistan Democratic Union" in conjunction with a meeting of the delegations of the two main parties in Sulaymaniyah Governorate to contain the ongoing differences between them, which raise the Kurds' fears of turning into an armed confrontation, or the two parties going towards the option of two administrations.

 

Before 2003, there was a system of two administrations in the Kurdistan region, the first in Erbil under the administration of the "Kurdistan Democratic Party", and the second in Sulaymaniyah and its outskirts under the administration of the "National Union", before they were unified under one administration headed by Masoud Barzani, in a settlement supervised by various international parties, most notably America and France ended the page of the armed conflict that lasted for years between the two sides.

Accusing the "National" of fueling the situation in Kurdistan

A member of the "Kurdistan Democratic Party" Rebin Salam accused the "Patriotic Union of Kurdistan" party of "procrastinating and trying to fuel the current situation in the region." And he considered, in an interview with Al-Araby Al-Jadeed, that his party showed "flexibility and relentless efforts to resolve differences for the sake of the region's interest, since political parties and parties in Baghdad are exploiting differences to increase their pressure on the Kurdistan region."

 

He added that "instead of the Patriotic Union being a catalyst against the arbitrary decisions taken by the Iraqi authorities, especially the Federal Court, it increases the problems and disagreements in the region, for personal and partisan interests."

The "Democrat" does not want to end the differences

On the other hand, the leader of the Patriotic Union of Kurdistan, Muhammad al-Haj Omar, accused the KDP of "not wanting to end the differences, and is taking steps to increase monopolization of power and limit other parties."

 

Omar pointed out, in an interview with Al-Araby Al-Jadeed, that "the ministers of the Patriotic Union of Kurdistan were scheduled to return to the sessions of the Kurdistan Regional Government , after a boycott that lasted for more than 3 months, but due to the failure of the Democratic Party to fulfill its obligations, which it promised previously, it continues." interrupt us.”

Muhammad al-Hajj Omar: Things will not be resolved easily, since the "Democrat" insists on excluding us

He explained, "Despite McGurk's intervention to resolve the differences between the two parties, the scene is still complex, and matters will not be resolved easily, since the Democrat insists on excluding us and punishing the residents of the city of Sulaymaniyah from service projects."

 

Last month, the differences reached a climax between the two parties, after Jaafar Sheikh Mustafa, the vice president of the Kurdistan region and a prominent leader in the Patriotic Union of Kurdistan, accused the "democratic" party and the regional government of "controlling the region's revenues from oil and border crossings."

 

Mustafa added, in a statement, that "no one knows where the revenues of the Kurdistan region go, as there is theft and fraud, and the countries of the international coalition are not satisfied with what is happening, and smuggling is spreading all over Kurdistan, and the lion's share goes to the party that accuses the Patriotic Union of Kurdistan of smuggling." Referring to the "Kurdistan Democratic Party".

 

The "Democrat" was quick to respond to Mustafa, saying, in a statement, that "the people's despair is caused by the Union's vague and distant policy from the principles of national and supreme national interests, and its disavowal of implementing agreements and acknowledging the results of the elections. Today, it is trying to cover up its failure to solve its internal problems through Claiming fears of a deteriorating situation and warning of the dangers of division.

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Kurdistan Parliament Finance: Cutting off financial payments is a "great injustice" and we must be compensated

 

Economy | Today, 19:25 | 

Kurdistan Parliament Finance: Cutting financial payments is a "great injustice" and we must be compensated » Baghdad Today News Agency

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Baghdad Today_Erbil

Sabah Hassan, a member of the Finance Committee in the Kurdistan Regional Parliament, said on Sunday that the region was subjected to injustice as a result of cutting financial advances from Baghdad.

Hassan said in an interview with "Baghdad Today" that "the argument of the Federal Court and political parties that the money that was sent to the region is not classified by law."

He added that "the region must be compensated for the funds that were cut off by the decision of the Federal Court and included in the budget paragraphs and not counted with the share of Kurdistan, because salaries have nothing to do with the share of the budget allocated to service projects and infrastructure."

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Newspaper: A new revival of dialogue between Baghdad and the region with a partial resolution of differences in the budget

2023.02.06 - 10:34

Newspaper: A new revival of dialogue between Baghdad and the region with a partial resolution of differences in the budget (nasnews.com)

Newspaper: A new revival of dialogue between Baghdad and the region with a partial resolution of differences in the budget

Baghdad - Nas  

Various political parties assert that solving the problems between the federal government and the Kurdistan region begins with speeding up the adoption of the budget in fair proportions based on population density, and then comes the next stage with the legislation of the disputed oil and gas law, which is supposed to be passed during the first year of the government of Muhammad Shia al-Sudani, according to a report by Al-Mada newspaper.  

  

  

  

The relationship between the federal government and the Kurdistan region has witnessed some tensions, especially after the Federal Supreme Court issued a ruling that it is unconstitutional to send 200 billion dinars in salaries to the region's employees per month, in a judicial position that complicated the political crisis, according to officials in the Kurdistan region.  

  

But there are positive signs at the moment that all the region's rights are included in the budget law, according to the newspaper report.  

  

This comes in conjunction with the announcement of the spokesman for the Kurdistan Regional Government, Jotyar Adel, that a delegation from the regional government will soon visit the capital, Baghdad.  

  

Adel said in a press conference held in Erbil last Thursday that the aim of the delegation's visit will be to continue dialogues with officials in Baghdad, with the aim of resolving all outstanding issues with the federal government, and resolving the issue of the region's entitlement to the fiscal budget for the year 2023.  

  

He added that the Council of Ministers, discussed the issue of relations with Baghdad, in the meeting held on Wednesday, pointing out that «the regional government and the federal government, reached understandings regarding the legal texts, and there are several other files, including Article 140 of the Constitution, and legislation we believe are important, and must be resolved according to the timetable set for them according to the political agreement that resulted in the formation of the federal government, and as stipulated in the Constitution».  

  

For his part, MP for the Coordination Framework, Thaer Makhif, said that «the differences between the federal government and the Kurdistan region are inherited and go back to the past years, and have not reached decisive solutions until the present time».  

  

Makhif added that "the Kurdish parties may set subjective conditions before voting on any government that is formed, in terms of the proportion of the Kurdistan region, dealing mechanisms, oil, natural resources and border crossings."  

  

He pointed out that "at the current stage, we look forward to having mutual trust that everyone feels that they are partners, while making demands difficult to achieve."  

  

"The combined forces in the State Administration Alliance are ready to vote on the oil and gas law, and this was stated in the platform of the government of Mohammed Shia al-Sudani," Makhif said.  

  

He reported that «Sudanese expressed his seriousness in resolving all oil disputes with the Kurdistan region, as well as the case with financial issues and others related to the political aspect».  

  

Makhif believes that "many challenges stand in front of the government, including repairing what was corrupted by previous eras, and therefore it is moving towards resolving differences with the region in order to advance its ministerial curriculum."  

  

He stressed that "some of the demands regarding the region's share may sometimes be illogical, and we want them to be set fairly and in accordance with the number of inhabitants."  

  

He called for "making the region's share about 12%, according to what was previously set," stressing "the need not to increase it."  

  

He spoke about "the importance of implementing the political agreements that took place during the formation of the government, but on condition that they are consistent with the constitution and do not exceed its texts."  

  

"Parliament will activate its sessions after it completes all its committees in terms of electing the chairman of the remaining committees and his two deputies, and then it will proceed towards passing important laws, especially those included in the ministerial curriculum," he said.  

  

In addition, former MP Jassim Mohammed Jaafar believes that "the oil and gas law needs to be resolved for about 3 months or more, given the continuing problems on the draft between the various political forces."  

  

Jaafar continued, "The reason for the delay is due to the difference of views between the government and the Kurdistan region, and this has not been resolved so far."  

  

He stressed that «attempts to pass this law is not new, but the government submitted a draft between 2007 and 2008, but it was not passed because of the region's objections».  

  

Jaafar continues, "The priority will be to approve the budget law, as it is in the interest of all," stressing that "all related to this law may have ended, especially with regard to the allocation of a sum of money for the implementation of Article 140 of the constitution on the disputed areas and the subject of salaries, by up to 14% allocated to the Kurdistan region or a little less."  

  

For his part, KDP MP Sherif Suleiman said that "in the period before the formation of the government, dialogues within the State Administration Alliance witnessed agreements on various outstanding issues."  

  

Suleiman continued, "One of these agreements is related to granting the Kurdistan region a fair and equitable budget, with the need not to exploit the law for political matters."   

  

He pointed out that "all controversial issues were agreed to postpone their solution until after the adoption of the oil and gas law, but with the region being given a fair share at this stage without political pressure."  

  

Suleiman pointed out that "the region only wants to obtain its rights according to population density," warning against resorting to "using the region's share in the budget for political purposes."  

  

He pointed out that «dialogues between the Kurdistan region and the federal government are continuing and have not witnessed major obstacles, and the two parties will go to determine the percentage according to the ministerial curriculum that was voted on by parliament».  

  

Suleiman concluded that "all controversial issues related to the salaries of the Kurdistan region can be addressed through the budget law, and then we agree on this in the oil and gas law."   

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Newspaper: A new revival of the dialogue between Baghdad and the region with a partial solution to the differences in the budget
 

Baghdad - Nas  

Various political parties confirm that the solution to the problems between the federal government and the Kurdistan region begins with expediting the approval of the budget at fair proportions that depend on population density, and then the next stage comes with the legislation of the disputed oil and gas law, which is supposed to be passed during the first year of the life of the government of Muhammad Shia. Sudanese, according to a report by Al-Mada newspaper.  

  

  

The relationship between the federal government and the Kurdistan region witnessed some tensions, especially after the Federal Supreme Court issued a decision stating that it was unconstitutional to send an amount of 200 billion dinars as salaries to the region’s employees per month, in a judicial position that complicated the political crisis, according to officials in the Kurdistan region.  

  

However, there are positive signs that have emerged at the present time by including all the region's rights in the budget law, according to the newspaper's report.  

  

This comes in conjunction with the announcement of the spokesman for the Kurdistan Regional Government, Jutiar Adel, that a delegation from the regional government will soon visit the capital, Baghdad.  

  

Adel said in a press conference held in Erbil last Thursday that the aim of the delegation's visit will be to continue dialogues with officials in Baghdad, with the aim of resolving all outstanding issues with the federal government, and resolving the issue of the region's entitlement from the financial budget for the year 2023.  

  

He added that the Council of Ministers discussed the issue of relations with Baghdad, at the meeting held on Wednesday, noting that “the regional government and the federal government have reached understandings regarding legal texts, and there are several other files, including Article 140 of the Constitution, and legislation that we consider important and must be resolved.” According to the timetable set for it, according to the political agreement that resulted in the formation of the federal government, and as stipulated in the constitution.  

  

For his part, the representative of the coordination framework, Thaer Makhaif, said, "The differences between the federal government and the Kurdistan region are inherited and go back to the past years, and have not reached decisive solutions until the present time."  

  

He added, "The Kurdish parties may set non-objective conditions before voting on any government to be formed, in terms of the percentage of the Kurdistan region, dealing mechanisms, oil, natural resources, and border crossings."  

  

He pointed out that, at the current stage, we look forward to the existence of mutual trust for everyone to feel that they are partners, with the necessity of leaving difficult demands to be achieved.  

  

He pointed out that "the combined forces in the state administration coalition are ready to vote on the oil and gas law, and this was mentioned in the platform of the government of Muhammad Shia'a al-Sudani."  

  

And he reported, "Al-Sudani expressed his seriousness in resolving all oil disputes with the Kurdistan region, as is the case with regard to financial and other issues related to the political side."  

  

He believes that "many challenges stand before the government, including reforming what was corrupted by previous eras, and therefore he is moving towards resolving differences with the region in order to proceed with his ministerial approach."  

  

And he stressed, "Some of the demands related to the region's share may sometimes be illogical, and we want them to be put in a fair manner and consistent with the population."  

  

Makhaif called for "making the region's share at about 12%, according to what was set previously," stressing "the need not to increase it."  

  

And he talked about "the importance of implementing the political agreements that took place during the formation of the government, but on the condition that they agree with the constitution and do not go beyond its provisions."  

  

He concluded, "Parliament will resume its sessions after it completes all its committees in terms of electing the head of the remaining committees and his two deputies, and after that it will move towards passing important laws, especially those included in the ministerial curriculum."  

  

In addition, former MP Jassim Muhammad Jaafar believes that “the oil and gas law needs to be resolved for about 3 months or more, given the continuing problems over the draft between the various political forces.”  

  

Jaafar continued, "The reason for the delay is due to the difference of views between the government and the Kurdistan region, and this has not been resolved until now."  

  

He emphasized that "attempts to pass this law are not new, rather the government submitted a draft between 2007 and 2008, but it was not passed due to the region's objections."  

  

And Jaafar continues, “The priority will be to approve the budget law, as it is in the interest of everyone,” stressing that “all related to this law may have ended, especially with regard to allocating a sum of money for the implementation of Article 140 of the Constitution regarding the disputed areas and the issue of salaries, at a rate that may reach 14% is allocated to the Kurdistan region or a little less than that.  

  

For his part, the representative of the Kurdistan Democratic Party, Sharif Suleiman, stated that in "the stage that preceded the formation of the government, the dialogues within the State Administration coalition witnessed agreements on various outstanding issues."  

  

Suleiman continued, "One of these agreements is related to granting the Kurdistan region a fair and equitable budget, with the need not to exploit the law for political matters."   

  

He pointed out that "all controversial issues were agreed to transfer their solution until after the approval of the oil and gas law, but with giving the region a fair share at this stage without political pressure."  

  

Suleiman said, "The region only wants to obtain its rights according to population density," warning against resorting to "using the region's share in the budget for political purposes."  

  

He pointed out, "The dialogues between the Kurdistan Region and the federal government are continuing and have not witnessed major obstacles, and the two parties will go to determine the percentage according to the ministerial platform that was voted on by Parliament."  

  

Suleiman concluded, "All controversial issues related to the salaries of the Kurdistan region can be addressed through the budget law, and then we agree on that in the oil and gas law."  

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The Federal Court postpones its session on extending the session of the Kurdistan Parliament to March 15th
 

Baghdad - Nas  

The Federal Supreme Court decided, on Tuesday, to postpone the date of pleadings regarding the constitutionality of extending the term of the regional parliament.  

  

  

  

Today (February 7, 2023), the Federal Court, headed by its president, Judge Jassim Muhammad Abboud, decided to postpone the date of pleading regarding the constitutionality of extending the work of the region’s parliament to March 15.  

  

The Federal Supreme Court held a session today, Tuesday, to consider the decision to extend the work of the Kurdistan Regional Parliament.  

  

Earlier,  the legal advisor to the Kurdistan Region Parliament, Wria Saadi, revealed the boycott of the legal department in the Kurdistan Region Parliament, the sessions of the Federal Court.  

  

Saadi said in a statement to the official website of the Kurdistan Democratic Party, affiliated with "Nass", (January 31, 2023), "With regard to the lawsuit filed regarding the extension of the life of Parliament, we, as a legal department in Parliament, will not deal with the Federal Court in any way and boycott the sessions."    

  

He continued, "We will not participate in the court's pleadings, and by a decision of the Kurdistan Parliament, no lawyer attended the court session today, because we believe that the Federal Court has abandoned its legal and constitutional course and is more political than legal."    

  

He continued, "Through the media, we learned that the issuance of the decision on the issue of extending the Kurdistan Parliament has been postponed to February 7."    

  

He said, "It seems that all these decisions issued by the Federal Court are politicized," (commenting on the oil and gas law and extending the work of the Kurdistan Parliament).    

  

Earlier, the Federal Supreme Court held its third session to decide on the unconstitutionality of extending the mandate of the Kurdistan Parliament, along with the presidency of the region and the government cabinet in Erbil.  

  

Prosecutor Youssef Muhammad Sadiq, former deputy and former president of the Kurdistan Parliament, told "NAS" (January 31, 2023) that the defendants' representatives did not attend the session, claiming bad weather, so the Federal Supreme Court set February 7, 2023 to hold a public hearing in the case.       

  

Sadiq added: We will continue to oppose the violation of the rights and freedoms of the Kurdish people and defend holding elections free from fraud and theft and away from armed intervention in resolving political disputes in the region.      

  

Earlier, the media close to the President of the Kurdistan Region quoted judicial sources in Baghdad, the Federal Court judges directed towards considering the decision to extend the mandate of the Kurdistan Parliament, the presidency and the regional government with it for a year (Law 12/2022), an unconstitutional step.       

  

According to the leaks of Kurdish sources that "NAS" followed up on (January 30, 2023), the judges of the Federal Court expressed their fear in the side deliberations that approving the extension of the Kurdistan Parliament would be a basis and argument in the future for similar efforts to extend the mandate of the Federal Parliament and parliamentary sessions, which endangers life. Iraqi democratic politics is in grave danger.       

  

On the other hand, the Kurdish "Pay" Institute Observatory, which monitors the activities of the Kurdistan Parliament, quoted its sources as saying that the Presidency of the Kurdistan Parliament decided to boycott the sessions of the Federal Supreme Court on Tuesday as a protest against the court's recent decision against sending money to the Kurdistan Region.      

  

Earlier, the Federal Supreme Court decided to postpone resolving the fate of the Kurdistan Parliament after it extended itself for a year and held a hearing to decide the case until January 31, 2023.   

  

And the Federal Supreme Court published its decision (248/2022) regarding a lawsuit filed against the legitimacy of the Kurdistan Parliament after the extension for itself, which included a request to stop the parliament’s work according to a state order until the case is decided.      

  

In the text of the decision, the court included a request to suspend the work of the Presidency of the House of Representatives until the final decision of the court regarding the lawsuit filed regarding the unconstitutionality of extending the House of Representatives.       

  

The court justified its refusal to issue the state order by saying that the matter is not urgent and is interpreted as a preliminary decision on the main issue, which is the unconstitutionality of the law to extend the mandate of the Kurdistan Parliament, which was contested by the former deputy of the Parliament and the former speaker of the Kurdistan Parliament, Youssef Muhammad Sadiq.       

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The Federal Court postponed the ruling in the case of extending the work of the Kurdistan Parliament

1675762507208.jpg
2023-02-07 04:32
 

 

Shafaq News/ The Federal Supreme Court (the highest judicial authority in Iraq) decided, on Tuesday, to postpone the verdict on the lawsuit filed regarding the unconstitutionality of extending the work of the Kurdistan Parliament until the middle of next March.

Earlier in the day, the court held a session in which it heard the plaintiffs and clients of the defendant, the Speaker of the Parliament of Kurdistan, Rewaz Faiq, in addition to her guest.

 

 

 

The court decided to postpone the verdict to the 15th of March.

In her turn, a member of the Iraqi Parliament, Sarwa Abdul Wahed, who is among the plaintiffs, said in a statement to Shafaq News agency, "We were hoping today that the final decision would be issued by the Federal Court regarding the case of the unconstitutionality of extending the life of the Kurdistan Parliament, but the defendant asked the court to postpone the session." .

 

Abdel Wahed considered setting the date for the next session far away, expressing her hope that the Federal Court would achieve justice during the pronouncement of the ruling in the next session.

 

It is noteworthy that the Kurdistan Parliament voted in October of the year 2022 to extend its legislative term and postpone the elections for one year, provided that they are held during the year 2023 with the provincial elections.

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At the request of the defendant, the Federal Court postponed consideration of the case for extending the work of the Kurdistan Regional Parliament until the middle of next month.

The inclusion of a new draft law for elections in the region, an argument made by the defendant claiming to extend the work of parliament in Kurdistan, to postpone consideration of the case until the middle of next month, with the approval of the Presidency of the Federal Court, which demanded a copy of the draft law.
 
 
As for the other party, the plaintiff, he revealed that the postponement is not in the interest of the case, since the defendant is trying to procrastinate and postpone because he does not have sufficient evidence and justifications.
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Parliamentarian: The federal decision on funding Kurdistan disrupted the agreements and disturbed the political atmosphere
 

Baghdad - Nas   

The cancellation of the Federal Court disrupted previous decisions of the Council of Ministers to transfer Baghdad to the dues of the Kurdistan region from the basis of the political agreement that brought the Sudanese government to the Republican Palace, which generated a feeling of returning to a new zero point, which is the agreement on an open dialogue that paves a path that does not oppose the judiciary on the one hand, and gives the region what On the other hand, he wants it without gaps and political tremors.  

  

  

Representative Muhammad Al-Baldawi said, "The constitution provides for the separation of powers, and the judicial authority is one of the protective pillars of the political process, and prejudice to this authority is not in the interest of anyone, but may lead to future problems in this field," adding that "the decisions of the Federal Court are in conformity with the constitution." But some put it in the direction of targeting the Kurds, and the truth is that it came to correct unsuccessful decisions issued by the Council of Ministers in violation of the law and the constitution.  

 

 
 
 

He added, "The relationship between the region and the federal government with regard to issues of oil, gas, and wealth was defined in Article 112 of the constitution, which clearly indicated that everything related to oil and non-oil revenues and the entitlements of all people belong to the state treasury to be distributed equally according to population proportions." Noting that "Article 11 of the 2021 budget organized the process, starting with the settlement of the final accounts and the region's dues with the central government from 2004 to 2020, in agreement with the Office of Financial Supervision." And he added, "The process also included sales, for the government in the region to sell no less than 460,000 barrels at the price of the SOMO company and its supervision with the Federal Ministry of Transport, and to deliver revenues of no less than 250,000 barrels per day to the federal government, in addition to non-oil revenues, i.e. related to taxes and others." realizing that "  

  

  

Al-Baldawi referred to the positive relationship between the center and the region, and said: "The matter needs agreement and consensus, and there is an ability for the leaders of the state administration coalition to sit with the Kurdish blocs for negotiation and dialogue, without convulsions," pointing out that "the approval of the 2023 budget does not stop." To boycott or participate in the voting of the Kurdish blocs.  

  

As for Representative Raad Al-Dahlaki, he indicated that "the Federal Court's decision disturbed the political agreements and disturbed the atmosphere, and this matter may be reflected in the prime minister's government."  

  

The deputy called for the necessity of "playing the political card and bridging the gap by putting things back in order, as the matter may preoccupy the Sudanese prime minister if it does not affect his government in the coming period."  

  

Quoted from the "official newspaper"  

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The first  2023/02/09
...
 

 

 Baghdad: Rula Wathiq

 

The Oil, Gas and Natural Resources Committee in the Parliament of the Kurdistan region vowed to take harsh measures against him in the event that he did not comply with the decisions of the Federal Court for the delivery of the produced crude.

 

Committee member Zainab Al-Moussawi told Al-Sabah that the region must abide by judicial decisions regarding the work of foreign companies in the oil field. 

 

She pointed out that "if the region continues to violate these decisions, Baghdad has a new scenario to deal with and it will be very harsh," she said.

 

During the past few years, the Federal Supreme Court considered the law adopted by the Parliament of the Kurdistan region in 2007 to regulate the oil and gas sector, contrary to the constitution, and obligated the regional government to hand over all oil production from its oil fields to the federal government, in addition to empowering the Ministry of Oil and the Office of Financial Supervision to review contracts. oil and gas agreement with the Kurdistan government regarding the export and sale of oil and gas.

 

For his part, the expert in safety and energy affairs, Sabah Alo, told Al-Sabah: Since the adoption of the constitution until now, the region is calling for the need to vote on the oil and gas law to be the common demarcation point for all forms of transgressions that have occurred, deepened and complicated since 2007 between the center and the region.

 

He added that the reasons lie in the inability of the Ministry of Oil and its management, since 2006 until today, to put in place a real program that guarantees the country’s wealth away from quotas, sect, nationalism and regionalism on which the political process was built, which encouraged corruption within each ministry and thus obstructed the process of approving the oil and gas law, warning However, the theft and smuggling of oil has become an act in which internal and external mafias have intervened without a real deterrent to stop it, whether in the center or the region.

 

 His saying.

And he indicated that the Federal Court's decision to invalidate energy investment in the region was constitutional and came too late due to the weakness and fragility of successive governments, which encouraged the region to invest in oil and gas and contract with international companies, part of which works in fields belonging to the Ministry of Oil (exploration, production and export). 

 

He pointed out that the center and the region are required to put in place a unified program to combat corruption that accelerates the approval of the oil and gas law, as it has been observed recently that some companies operating in Kurdistan, such as Exxon Mobil, Chevron, and the latest Total Energy, have withdrawn as a result of international, regional and internal pressures, especially after the signing of agreements between Iraq. France, with an investment value estimated at $27 billion over a period of 25 years during the visit of Prime Minister Mohamed Shia’a al-Sudani to it, and it includes developing production, solar energy, electricity, gas, desalination of sea water and transporting it to oil fields.

 

 Edited by: Ali Mouafaq

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The legitimacy of the Iraqi Kurdistan Parliament is at stake amid warnings of a political crisis

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The Federal Supreme Court (the highest judicial authority in Iraq) decided on Tuesday to postpone the verdict on the lawsuit filed regarding the unconstitutionality of extending the work of the Kurdistan Parliament until the middle of next March.

On Tuesday, the court held a session in which it heard the plaintiffs and clients of the defendant, the Speaker of the Parliament of Kurdistan, Rewaz Faiq, in addition to her guest, and decided to postpone the pronouncement of the ruling until the fifteenth of March.

A member of the Iraqi Parliament, Sarwa Abdel-Wahed, who is among the plaintiffs, said, “We were hoping today (Tuesday) that the final decision would be issued by the Federal Court regarding the lawsuit regarding the unconstitutionality of extending the life of the Kurdistan Parliament, but the defendant asked the court to postpone the session.”

And Abdel Wahed considered setting the date for the next session far away, expressing her hope that the Federal Court would achieve justice during the pronouncement of the ruling in the next session.

On the 31st of last January, the court decided to postpone the pleading date to today, Tuesday, due to the absence of the defendant's attorneys, the bad weather, and the completion of the court's audits.

And last October, the Kurdistan Regional Parliament announced the extension of its legislative mandate until the end of 2023, during a vote that witnessed chaos and a number of objections.

And at that time, the parliament said, in a statement, that the extension is a step aimed at blocking the path to a legal vacuum and representing the principle of the continuity of constitutional institutions in the Kurdistan region of Iraq.

The extension came as a result of a disagreement between the two main parties in the semi-autonomous region, the Patriotic Union of Kurdistan and the Kurdistan Democratic Party, over how to divide electoral districts, but behind the scenes, this is part of a larger political dispute between the two parties.

The decision of the Supreme Federal Court in Iraq will be decisive for the Kurdistan region and also for the semi-autonomous regional government, as it would raise new sharp differences between the Kurdish political forces.

Some have warned that the upcoming Federal Court decision to challenge the extension of the term of the Kurdistan Parliament may negatively affect the political and social stability in the country and the balance between its components, and that matters may lead to a rift in the government coalition.

On the other hand, others underestimated the consequences of the decision, as the interest of the parties to the state administration coalition requires not opening new fronts, and raising explosive contentious files regarding the nature and form of the relationship between Baghdad and Erbil and the conflict of federal and regional jurisdictions. local.

Some believe that the decision, even if it declares the illegality of extending the Kurdistan Parliament, does not necessarily reflect negatively and directly on the nature of the relationship between the governments of Baghdad and Erbil, but the Kurdistan Region will undoubtedly multiply its dissatisfaction with the frequency of decisions issued by the Federal Court regarding it.

Erbil knows that those who filed the lawsuit and moved this case at the level of the highest judicial and constitutional authority in Iraq are Kurdish deputies, and this is what makes the matter more embarrassing and sensitive, but there is no doubt that the issuance of such a decision will reflect negatively, even partially, on the nature of the administrative relationship between the center and the region, as the appeal By the court in the legitimacy of the continuation of the current parliament and government in the region, it may backfire on the smoothness and development of that relationship.

Arabs

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A "heavy" accusation against Talabani's party that complicates disputes in the Kurdistan region: there is no date for a new meeting

 

policy |Today, 11:19 |

    
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Baghdad today - Sulaymaniyah

Today, Saturday, the leader of the Patriotic Union of Kurdistan, Ghiath Surji, revealed a new tension in the relationship between his party and the Democratic Party. 

 

Surji told (Baghdad Today) that "sites close to the Democratic Party accused the Patriotic Union of being behind the Federal Court's decision on the unconstitutionality of sending Baghdad the region's share of the budget" except after handing over the proceeds of 250,000 barrels of what it exports from oil extracted in Kurdistan to the region.

 

He added, "These accusations are false and untrue, because the Patriotic Union was harmed by the court's decision because it is responsible for managing half of the regions of the Kurdistan region."

 

The leader of the Patriotic Union of Kurdistan indicated, "No date has been set for a new meeting with the Democratic Party to resolve the outstanding differences between them over the administration of the region."

 

The Federal Court prevented Baghdad from sending the Kurdistan region's share of the public budget recently, which was condemned by the regional government and the ruling Democratic Party, and said that it threatens the stability of the government, which was formed based on a political agreement with the main Kurdish parties and included provisions on the financial relationship between Baghdad and Erbil.

 

 

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38 minutes ago, GCW4RV said:

Can someone tell me if Oil and gas law article 140 is 100 % completed. I  see yes / no and all in between.

 

according to articles its not complete still hammering the details one would think it will be extolled when its complete and in the gazette my speculative opinion 

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A meeting between Pavel Talabani and Faeq Zaidan.. An expanded dialogue on the problems between Baghdad and Erbil
 

Baghdad - people  

The head of the Supreme Judicial Council, Faeq Zaidan, and the head of the Patriotic Union of Kurdistan, Pavel Talabani, discussed a package of files, most notably the outstanding problems between Baghdad and the Kurdistan region.  

  

 

  

A statement from Talabani's office, a copy of which "NAS" received, stated (February 13, 2023), "Pavel Jalal Talabani, President of the Patriotic Union of Kurdistan, met in Baghdad, Mr. Faiq Zaidan, President of the Supreme Judicial Council in Iraq, and during the meeting, emphasis was placed on strengthening the judicial authority and the independence of the courts. And the protection of human rights, as the two sides emphasized making the constitution a basis for resolving problems between the region and Baghdad.  

  

Talabani indicated, according to the statement, "the importance of reaching a radical and national agreement in order to solve problems in a way that preserves the rights of all parties, and for the Supreme Judicial Council to play an influential and positive role in this regard."  

  

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'Race to the abyss'

UAE report monitors developments in the oil dispute between the federal government and the Kurdistan Region

UAE report monitors developments in the oil dispute between the federal government and the Kurdistan Region
 

  

Baghdad - Nas   

An Emirati report monitored developments in the oil dispute between the federal government and the Kurdistan Regional Government.  

  

  

  

The report, published by the Emirates Policy Center and seen by NASS, (February 15, 2023), says, "The decade-long oil dispute between the federal government and the Kurdistan Region of Iraq has caused a loss for both parties, as Baghdad's arm-twisting and evasive tactics on the part of Erbil have undermined the possibility of linking their energy industry and maximizing their financial returns from the sale of oil."  

  

"Baghdad's legal victory at the International Court of Arbitration, following the ruling of the Federal Supreme Court of January 25, 2023, is likely to turn into a political loss in the absence of an agreement between the Kurdistan Region of Iraq and the federal government," the report added.  

  

"The unification of positions in the Kurdistan Region is the cornerstone of moving forward towards shaping Iraq's energy sector on solid legal foundations. However, Baghdad would welcome any opportunity to strike separate deals with each of the two main Kurdish parties rather than treating the Kurdistan Region as a unified entity.  

  

"The dispute between Baghdad and Erbil over energy requires mutually acceptable mediation, and the United States appears to be a candidate to play this role. Although the parties did not ask Washington to mediate their dispute, the U.S. Department of Energy prepared a special report on the promising future of the gas sector in the Kurdistan Region to help encourage and justify such negotiations.  

  

The report reads as follows:  

On January 25, 2023, the Federal Supreme Court of Iraq issued a final and binding ruling annulling all government decisions related to the transfer of funds to the Kurdistan Region. This ruling, along with the ruling of the International Court of Arbitration regarding the export of the Kurdistan region's oil through Turkey, will certainly strengthen Baghdad's position seeking to control the energy sector in the Kurdistan Region of Iraq. Although the Iraqi federal government can now enjoy such legal victories, if Baghdad does not manage this issue intelligently, these victories are likely to further complicate the many political, diplomatic, and economic impasse the government faces with Turkey and the KRG.  

  

One country and two energy policies  

Since 2014, the management of the Iraqi energy sector has been divided between the Iraqi Federal Government and the Kurdistan Regional Government. Iraq's constitution provides for shared responsibility between the federal government and the KRG for the oil and gas sector, but these texts are vague, with Baghdad and Erbil adopting differing interpretations. The Iraqi parliament has not yet been able to ratify the federal oil and gas law, which is supposed to clearly define these rights and responsibilities. Political deals and fait accompli dominated the situation in the absence of such a law, as each side began to shape the facts on the ground based on its own interpretation of the constitution. Iraq ended up with two different sets of energy sector management policies, contract models, international oil companies, and buyers.  

  

Meanwhile, the Iraqi government has sought to return the KRG's energy sector to Iraqi sovereignty using elements of its political, legal, financial, and military power, but the KRG has resisted those efforts. This rivalry has exhausted a lot of energy and resources, and imposed its influence on the legislative and economic processes in the form of depriving the country of the long-term benefits of regulating the energy sector and reaching a sustainable agreement between the parties. As a result, Iraq has failed to maximize its revenues from oil sales, or to speak with one voice with international oil companies, or at OPEC. The desires for political control trumped transparency and good governance. Contrary to the goal of the establishment of the Iraqi Oil Federation, this federation has not become a remedy for the reality of Iraq as a rentier country that relies heavily on oil as its main source of income.  

  

Local problems with international repercussions  

The Kurdistan Regional Parliament of Iraq enacted its own law when a dispute between Baghdad and the Kurdistan Region stalled the passage of the 2007 oil and gas bill. The region's newly formed Ministry of Natural Resources has begun signing co-production agreements with international oil companies, adopting a contract model aimed at transferring investment risk to companies, but in return rewarding these companies if they discover oil. While such partnerships with foreign companies have been accepted by the KRG, which owes its existence and survival to Western support, the Iraqi government has rejected this type of contract that makes foreign companies co-owners of the fields, and has found it a renunciation of the national rights to be owned by the Iraqi state (where the Federal Ministry of Oil relies on the model of service contracts rather than partnership contracts). In the absence of a new oil law, the Iraqi government continued to manage the pre-2003 energy sector, dominated by nationalism and socialism.  

  

Then came the dispute over oil exports, when the KRG began looking for an export outlet as soon as its oil fields began production, signing a long-term agreement with Turkey and building a local pipeline linked to the Iraqi-Turkish pipeline. By May 2014, KRI's oil began flowing to international markets through the Turkish port of Ceyhan. The Iraqi government quickly filed a case against Ankara at the International Court of Arbitration for allowing the export of KRI's oil through the joint oil pipeline without Baghdad's consent. After repeated delays due to the Corona pandemic, the death of some arbitrators, and the Turkish and Kurdish governments' request to Baghdad to stop legal proceedings, a draft judgment was issued by the International Court of Arbitration in January 2023. Although the details of the final verdict have not been published, it is expected to favor Iraq, which is demanding $36 billion in damages. Although Turkey is the party involved in the issue, not the Kurdistan Regional Government (KRG), the latter will be the biggest losers.  

  

The arbitration award is the latest episode in Baghdad's pressure campaign against the KRG; the federal government has also reduced the region's share of federal budget allocations, causing a financial crisis from which the KRG has never recovered. Since then, the two sides have reached several short-lived ad hoc budget agreements, depending on oil prices and the balance of power between Erbil and Baghdad. The Iraqi government, for example, after pushing back the Islamic State and the Peshmerga forces took control of Kirkuk and oil fields in 2014, began relying on the Kurdistan Region of Iraq's oil pipeline to export oil from Kirkuk. But Baghdad resumed pressure on the Kurdistan Regional Government (KRG) after Iraqi forces regained control of Kirkuk following the 2017 independence referendum in the Kurdistan Region of Iraq.  

  

The rulings by Iraq's Federal Supreme Court have put further pressure on the KRG, as well as political and financial pressure. In February 2022, the Federal Supreme Court of Iraq ruled that the KRG's 2007 Oil and Gas Law was unconstitutional and that oil contracts and exports signed by the KRG were illegal. Adding to the KRG's financial difficulties was the ruling by the same court in January 2023 that federal financial transfers to the KRG were illegal. This ruling restricted the ability of Iraq's new prime minister, Mohammed Shia al-Sudani, to reach a settlement with the KRG. Officials in the Kurdistan Regional Government of Iraq point to Iran's fingerprint in the rulings issued by the Iraqi Federal Supreme Court, especially since these rulings coincided with the attacks launched by Tehran directly and indirectly against infrastructure in the energy sector in the region, where Iran launched missile attacks on the residence of a Kurdish businessman working in the field of oil and gas, in addition to the fall of missiles believed to be carried out by militias close to Iran on the main gas fields in the region. Territory.  

  

Special goals and the race to the abyss  

The decade-long dispute between Baghdad and Erbil has cost both sides, as Baghdad's arm-twisting and Erbil's evasive tactics have undermined the ability to connect the energy industry of both sides, maximizing their treasury returns. Baghdad had decided early on to blacklist any company operating in the Kurdistan Region of Iraq, which led to the disruption of the activity of some companies, depriving the country of opportunities to increase production and develop the energy industry.  

  

For its part, the Kurdistan Region of Iraq used to sell its oil at very low prices, about 15-18 percent below the price of Brent crude, in order to facilitate its exports and secure external support. Because of the KRG's refusal to bow to Baghdad, it was forced to rely on Turkey, international oil companies and oil traders, which caused it to lose a lot of revenue and burden its treasury with billions of dollars in debt. Therefore, the KRG's income is unsustainable even when oil prices rise, as 60% of total oil revenues for 2022 were used to service debt. The bloated public sector in the Kurdistan Region of Iraq consumes about $800 million a month, paid in salaries and to ensure the loyalty of the local population. Such legal conflict and short-sighted politics are fueling already rampant corruption, militia penetration and investor alienation. Despite Iraqi reassurances, Exxon and Shell are concerned about their investment prospects in Iraq. At the same time, Iraq continues to buy gas and electricity from Iran at a very high price to meet a third of its needs while burning half of its natural gas production.  

  

When Baghdad's federal government became tougher with the KRG after the 2017 independence referendum crisis, Kurdish parties moved away from Iraqi politics, and the KRG's dominant Kurdistan Democratic Party (KDP) forged ties to Ankara and oil traders, but mostly from a weak position. Although the KRG, with Turkish support, succeeded in delaying a ruling by the International Court of Arbitration, it failed to use the time it gained to push for a favorable federal oil law in Baghdad. Among the opportunities that Kurdish parties have missed is to use the influence they have after each election season because of the need for their votes in successive government formation processes. Instead, it squandered that leverage on the struggle for power and senior government functions. Although they today questioned the constitutionality and impartiality of the Iraqi Federal Supreme Court, the parties of the Kurdistan Region of Iraq voted in favor of its establishment and have representatives on that court.  

  

Baghdad has also benefited from the region's weak internal cohesion, particularly due to the rivalry between the two major parties, the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK), whose disagreement over the management of the energy sector and its revenues has deepened, especially after the balance of power shifted in favor of the KDP since the death of PUK leader Jalal Talabani. Nechirvan Barzani, former KRG prime minister and architect of Iraqi Kurdistan's oil and gas sector from 1999 until he became KRG president in 2019, took a conciliatory approach to managing the bipartisan rift in order to protect the energy industry from split along party lines (and the consequent split within the Kurdish Peshmerga).  

  

But his cousin, the current prime minister, Masrour Barzani, takes a harder line and seems intent on forcing the PUK to be the junior partner in this regard. When Prime Minister Barzani in mid-2022 promoted the possibility of supplying Europeans with gas as a result of the crisis caused by the Russian-Ukrainian war, investors showed little interest, as the bulk of Iraqi Kurdistan's natural gas fields are located in PUK-controlled areas, which Masrour Barzani cannot speak about. Since October 2022, PUK representatives have boycotted KRG cabinet meetings. Consequently, pressure on the KRG is increasing, and the PUK may henceforth distance itself from the region's unified energy policy and pursue a policy of its own. The constant delay in financial payments and personal clashes negatively affected Masrour Barzani's relationship with international oil companies, which the region needs now more than ever, and a problem in this regard led to the exit of the oil trading company "Trafigura" from the region.  

  

Will the crisis continue unresolved?   

The unification of positions in the Kurdistan Region is the cornerstone for moving forward towards shaping the Iraqi energy sector on solid legal foundations, and in a form that contributes to Iraq's energy security and independence. Yet Baghdad would welcome any opportunity to strike separate deals with each of the two major parties rather than treating the Kurdistan Region of Iraq as a unified entity. Such a policy would delay the passage of necessary legislation that would regulate the national energy sector. In the absence of unity in the Kurdistan Region, the Iraqi parliament could pass a national oil law that ignores the region's views and views. In the past, both sides have resorted to short-term provisions in the annual budget law only to break the cycle of suspicion and mistrust. There is also damage from the populist approach to the issue from both sides.  

  

The resolution of the conflict between the central government in Baghdad and the Kurdistan Region of Iraq is not lacking in ideas and proposals. The problem is that the two sides lack mutual trust and political will, and since the rule of law guarantees accountability, the first action to take is to establish a new Federal Supreme Court as per constitutional requirements.  

  

Moreover, Iraq's legal victory in the arbitration court is likely to turn into a political loss if no agreement is reached between the Kurdistan Region of Iraq and the federal government; populists in Baghdad need an international victory, but wiser actors know better that Turkey will not pay billions of dollars in compensation to Iraq and will not abandon its lucrative deal with the Kurdistan Region of Iraq. Even if Turkey changes its position, it will blame the Kurdistan Region of Iraq for its losses and demand a more favorable gas deal with the region. Moreover, the timing is now important, as Turkey suffers the effects of the recent devastating earthquake and its politicians are preoccupied with crucial elections scheduled for May. The value of Turkish exports to Iraq reached $ 13.7 billion in 2022, and Turkey is Iraq's gateway to Europe. As a better alternative, Iraq could reach a grand deal with Turkey on water flows, border security, and energy exports if the appropriate Federal Supreme Court is formed and necessary legislation is enacted in the oil and gas sector. Moreover, Iraq's Arab neighbors are watching Baghdad's actions closely, especially as it seeks to link their economies to Iraq's.  

  

The impact of internal conflicts between the ruling Kurdish parties on the one hand, and between the KRG and the Iraqi government on the other extends to Iraq's relations with Iran, and beyond. Iran is not happy to see Iraq achieve greater independence in the electricity and gas sectors. Iraqi militias with close ties to Iran have targeted the activity of international oil companies operating in Iraq and in the Kurdistan Region of Iraq, such as the Khor Mor gas field. The United States is also monitoring this issue. Washington has issued successive sanctions waivers allowing Iraq to import gas and electricity from Iran on condition that Baghdad promises to take steps to achieve future energy independence. However, Iraq remains heavily dependent on electricity and gas sources from Iran, and little progress has been made. Moreover, given the shortage of energy supplies in Europe as a result of Russia's war in Ukraine, the United States is pushing Iraq and the Kurdistan Region to increase gas production with the aim of exporting it abroad.  

  

The Kurdistan Region of Iraq (KRI) has signed a permanent contract with Russia's Rosneft to build a gas export pipeline, although Russia's growing role in the KRG's energy sector in the near term remains in doubt. The dispute between Baghdad and Erbil over energy requires mediation, but the last time Washington got seriously engaged in this area was in 2008. Although the two sides did not ask Washington to mediate on the issue, the U.S. Department of Energy prepared a special report on the promising future of the gas sector in the Kurdistan Region to help encourage and justify such negotiations. On the other hand, oil markets could quickly lose 400,000 barrels of oil, the amount of the Kurdistan Region's current exports if the current crisis is not handled wisely.  

  

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A member of the House of Representatives, Muhammad Saadoun al-Sudani, demanded, on Wednesday, the need to expedite the approval of the oil and gas law, and while stressing that the law will regulate the relationship between Baghdad and Erbil, he indicated that Kurdistan is required to abide by the decisions of the Federal Court.

“The issue of oil and gas is one of the most prominent outstanding problems between Baghdad and Erbil, and as a result, everyone must resort to the decisions of the Federal Court,” Al-Sudani said in a press interview seen by “Takadum.”

He added, "The judiciary has more than once proven the unconstitutionality of oil sales and exports by the region without returning to the federal government."

The member of the House of Representatives explained that “the oil and gas law is supposed to speed up its legislation in order to solve this problem,” calling on the regional government to “commit to the federal decisions and the constitution, which stand at the same distance from everyone.”

Al-Sudani pointed out, “The oil and gas law will regulate the relationship between the region and the center, and will put points above letters.”

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Obelisk Clock: Political differences ravage the salaries of the region's employees

February 16, 2023

Baghdad / The Obelisk: The Obelisk publishes the most prominent interactions of the TV dialogues on Wednesday.

Representative of the Patriotic Union of Kurdistan Suzan Mansour during a televised interview:

– The Patriotic Union of Kurdistan respects the decisions of the Federal Court
– We are with radical constitutional solutions and not moody political solutions
– The salaries of the region’s employees must be far from political differences

 The leader of the National Wisdom Movement, Ali al-Jourani, during a televised interview:

It is time to settle some matters, especially between Baghdad and Erbil
. We are against using the salaries of the region's employees in political disputes

Member of the Democratic Party, Wafaa Muhammad Karim, during a televised interview:

- We hope to go with a unified Kurdish delegation to Baghdad in order to solve the problems of the region
- The union's non-participation in the meetings of the delegation in Baghdad evaded and therefore they are trying to create problems by not activating the elections
- The Patriotic Union argued because of a judicial problem and they are the ones boycotting the delegations' visit to Baghdad
- The people voted for the Democratic Party and the government came a democratic process and the National Union participates in it

National Union member Goran Fathi during a televised interview:

Despite the calm in the region, negotiations with the Democratic Party are suspended
. The Patriotic Union is still boycotting the sessions of the regional government. Both sides must find solutions to the problems of the Kurdish house
. The Kurdish vision must be unified in order to find solutions to the problems with the federal government
. The dispute within the Kurdistan region harms the Kurdish parties and citizens. In the region
- the National Union is ready for the elections, but there are disagreements about how to conduct them
- the door of the Union is open for negotiation, especially with the Democratic Party, and we hope to find signs of solutions to the problems of the Kurdish house
- the continuation of the situation and problems as it is harms the National Union and the Kurdistan Democratic Party together
- there are basic differences that have arisen between the Democratic Party and the Union Visits are useless unless solutions to problems are found
- the Kurdistan Democratic Party interferes in the internal affairs of the Union, and this is unacceptable.
The Democrat does not want to reach solutions with the National Union

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Talabani's party: Barzani's party must respect the decisions of the Federal Court and enough transgressions

Talabani's party: Barzani's party must respect the decisions of the Federal Court and enough transgressions – Iraq News Network (aliraqnews.com)

 
Last Updated: February 16, 2023 - 2:03 PM
Talabani's party: Barzani's party must respect the decisions of the Federal Court and enough transgressions

Baghdad / Iraq News Network - MP for the Patriotic Union of Kurdistan Suzan Mansour on Thursday called on the Kurdistan Democratic Party (KDP) to end the crisis with Baghdad through constitutional means. Mansour said in a televised interview, "The National Union respects the decisions of the Federal Court and we are in favor of radical constitutional solutions and not temperamental political solutions." He added that "the dispute between Baghdad and Erbil caused an economic crisis for the Kurdish citizen and that the salaries of the region's employees should be away from political differences," Mansour called on "parliament to approve the oil and gas law as soon as possible to end the dispute between the two parties over the right of each party to dispose of oil and gas."

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The turning point in the energy dispute between Iraq and the "Kurdistan Regional Government"

One Day Passed

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Baghdad's legal gains will mean little if it mishandles political objectives, angers Turkey, and further damages Iraq's reputation as a reliable oil partner.

 

The recent rulings of the “Federal Supreme Court” in Iraq and another imminent ruling by the “International Court of Arbitration” will certainly strengthen Baghdad's position to rein in the energy sector in Kurdistan. The Iraqi federal government could enjoy such legal benefits. However, it may complicate the political, diplomatic, and industrial impasse with Turkey and the KRG unless Baghdad adopts policies properly.

One country, two energy policies

Since 2014, energy and industry policy in Iraq has been divided between the federal government and the KRG. Despite the ambiguity surrounding the Iraqi constitution, it calls for the sharing of responsibility between these two governments regarding the oil and gas sector. However, the Iraqi parliament has not yet passed a national oil and gas law that defines these rights and responsibilities. And in the absence of such a law , politics prevail. While each side created facts based on its interpretation of the constitution, it ended up creating two sets of the country's energy policies, contract models, international oil companies and buyers.

 

The Iraqi government has sought, with force and influence, to return the KRG's energy sector to Baghdad's control. It used its political, legal, military and budgetary ingenuity. In contrast, the KRG resisted these pressures. The short-sighted balance of power and political deal-making outweighed the more stable and mutually beneficial legislative and economic measures. The country has suffered as a result. and Iraq's failure to maximize revenue from oil sales or to communicate uniformly with international oil companies or OPEC. It is complete control that overshadows transparency and good governance. Contrary to its inception, Iraq's oil federalism—that is, the decentralization of oil policy and revenue streams—has not yet become a panacea for the infamous oil curse.

Local problems, international repercussions

When a dispute between Kurdish and Iraqi parliamentarians prevented the passage of a national oil and gas law in 2007, the KRG parliament passed its own law. The newly created Ministry of Natural Resources began entering into production-sharing contracts with international oil companies. Short of capital and technology, the KRG contract model would pass the risk of investment to the companies, but would then reward them handsomely if they discovered oil. Such partnerships with foreign firms have been satisfactory to the Kurdish government, which owes its existence and survival to Western support.

 

However, this was disgraceful to the Iraqi government, where nationalism regarding oil still exists. In the absence of a new oil law, the Iraqi government continued to run the energy sector on the basis of existing laws dating back to the Saddam era. Then came the dispute over oil exports. As soon as oil began to flow from the fields of the "Kurdistan region", the "regional government" began looking for an outlet. It signed a long-term agreement with Turkey and built a domestic pipeline linked to the Iraq-Turkey pipeline. By May 2014, KRG oil was flowing to international markets through the Ceyhan terminal.

 

Immediately, the Iraqi government sued Ankara in the International Court of Arbitration for allowing Kurdish oil to flow without Baghdad's approval. After repeated delays due to the pandemic, the deaths of arbitrators, and requests from the Turkish government and the KRG that Baghdad halt its proceedings, the arbitrators issued an award in early 2023. Although details of the award have not been completed and it has not yet been announced, it is expected to be In favor of Iraq, which demanded compensation of $ 36 billion. Although Turkey is the defendant in the lawsuit and not the "Kurdistan Regional Government", it is expected that the latter will be the biggest loser.

 

The arbitral award is the latest example in Baghdad's pressure campaign against the KRG. When KRG oil exports became imminent, the federal government cut the KRG's share of the national budget, causing a fiscal crisis from which the KRG never fully recovered. Since then, many budget deals have been struck and broken, according to oil prices and the balance of power between Erbil and Baghdad. For example, after Kurdish Peshmerga forces prevented the Islamic State (from advancing), they took over Kirkuk and its oil fields in 2014, and the Iraqi government relied on the KRG pipeline to export Kirkuk oil. However, Baghdad resumed its pressure shortly after Iraqi forces recaptured Kirkuk following the KRG's 2017 independence referendum.

 

In addition to political and budgetary pressures, two rulings by Iraq's Federal Supreme Court have put more pressure on the KRG. In February 2022, the Federal Supreme Court ruled that the KRG's Natural Resources Law of 2007 was unconstitutional and that its oil exports and contracts were illegal. Adding insult to injury to the KRG's financial damages, the Federal Supreme Court ruled in January 2023 that transfers of the federal budget to the KRG were illegal.

 

Indeed, the Federal Supreme Court tied the hands of the new Iraqi prime minister, Muhammad Shia al-Sudani, and his reconciliation efforts with Erbil. KRG officials pointed to Iran's influence on the FSC's sudden activity, especially since it coincided with direct and indirect Iranian attacks on the KRG's energy infrastructure. Iran rained down missiles on the villa of a Kurdish oil official, while militia missiles landed on the KRG's main gas fields.

Own goals and race to the bottom

The decade-old conflict between Baghdad and Erbil has been nothing more than a win-win dynamic for both sides. The pressures of Baghdad and the evasive tactics of Erbil are undermining the possibility of connecting their respective energy industries and maximizing revenues for their public coffers. Baghdad had decided earlier to include any company operating in Kurdistan on the blacklist, which led to the fragmentation of the energy market in Iraq.

 

On the other hand, Erbil was selling its oil at a significant political discount, averaging $15-18 less than Brent crude in 2022. As the KRG lost revenue, it did not acquiesce to Baghdad, but conceded to Turkey, international oil companies, and oil traders. Oil, burdening its financial resources with debts amounting to billions. Hence, the KRG's finances are unsustainable even with high oil prices. In 2022, 60 percent of all oil revenues will go to paying off the KRG's debts. The bloated public sector in the "regional government" consumes $800 million a month. Such legal disputes and hateful policies multiply existing corruption, increase militia infiltration, and alienate investors.

 

Despite Iraq's promises, Exxon and Shell companies hesitated about their investment prospects. Iraq continues to buy expensive Iranian gas and energy to make up for a third of what it needs while burning half of the natural gas it produces.

 

Despite the KRG's nascent energy sector, its goals have been no less harmful. As Baghdad became increasingly strict in its dealings with the "regional government", the Kurdish parties abandoned Iraqi politics and deepened their relations with Ankara and Western oil traders, where Kurdish influence is significantly weaker. With Turkey's support, the KRG was able to delay the International Court of Arbitration's decision. However, the KRG did not use the time it gained to push for the passage of an appropriate national law for oil and gas in Baghdad.

 

The missed opportunities included the influence that Kurdish parties have enjoyed after the elections and the government formation processes since 2014. This influence has been lost due to conflicts and higher government jobs. Despite the questioning of the constitutionality and integrity of the Iraqi “Federal Supreme Court,” the parties of the “Kurdistan Regional Government” voted in favor of the establishment of the “Federal Court” and they have representatives in it.

 

Although downsizing the KRG's energy industry has been among the few consistent Iraqi policies across the various governments, Baghdad has been pressing the door increasingly open. Internal cohesion was at an all-time low since the Kurdish civil war of the 1990s. The dispute deepened between the “Kurdistan Democratic Party” and the “Patriotic Union of Kurdistan” regarding the management of the energy sector in the “Kurdistan region” and the flow of its revenues.

 

Since the death of PUK leader Jalal Talabani, the balance of power has shifted in favor of the KDP. It should be noted that Nechirvan Barzani, who served as prime minister from 1999 until he became president in 2019, is the architect of the oil and gas sector in the KRG. To protect the energy industry from being divided along party lines along the lines of the Kurdish Peshmerga, Nechirvan adopted a conciliatory approach toward the weaker PUK.

 

However, his cousin, Prime Minister Masrour Barzani, seems intent on forcing the PUK to become the junior partner as he sees fit. The PUK is weaker but still an active source of disruption. And when Prime Minister Barzani offered the prospect of tapping Kurdistan's gas to the energy-strapped Europeans in mid-2022, investors were unresponsive. The bulk of Kurdistan's natural gas is located in areas controlled by the Patriotic Union of Kurdistan, which Masrour cannot speak of or as the Patriotic Union.

Since October 2022, the Patriotic Union of Kurdistan has boycotted KRG cabinet meetings. As pressure mounts on the KRG, the PUK may break away from the KRG's unified energy policy from now on and move forward on its own. Late payments and personal snubs have also chronically strained Masroor's relationship with international oil companies at a time when the KRG needed them most, most recently causing the withdrawal of Trafigura, which trades oil.

We invite you not to waste the crisis

The unified government of the "Kurdistan region" will be the basic building block for moving towards (consolidating) an Iraqi energy sector based on solid legal foundations and contributing to Iraq's energy security and independence. However, Baghdad welcomes the opportunity to deal separately with the KDP and the Patriotic Union of Kurdistan rather than with the unified government of the Kurdistan Region. This will further delay the issuance of much-needed legislation regulating the national energy sector.

 

Without the unity of the "Kurdistan Regional Government", the Iraqi Council of Representatives can pass an oil and gas law that ignores the input of the "Kurdistan Government". In the past, both sides opted for short-term provisions in the annual budget law, but they were divided by mistrust. Populism was also devastating.

 

There is no shortage of ideas and proposals to resolve the conflict between the "Kurdistan Regional Government" and Iraq. Numerous negotiations took place on contractual and export rights, in addition to advice provided by international agencies. But trust and political will are the two weak points. Since the rule of law guarantees accountability, the establishment of an appropriate “Federal Supreme Court” in accordance with constitutional requirements should be the first program of action.

 

Without an agreement between the KRG and the federal government, Iraq will likely turn its legal victory in the Court of Arbitration into a political loss. The populists in Baghdad crave an international victory. But the wiser actors know what's best. Turkey will not hand over billions of dollars in compensation to Iraq, nor will it abandon its lucrative deal with the KRG. Even if Turkey backs down, it will pass its losses on to the KRG and demand a more favorable KRG gas deal.

 

Turkey has been hit by a devastating earthquake , at a time when its domestic politics are preoccupied with crucial elections scheduled for May. The pressure on the Turkish president, who is in a state of tension, may backfire on Iraq diplomatically. Turkish exports to Iraq amounted to $13.7 billion in 2022, and the Sudanese Prime Minister believes that Turkey is Iraq's gateway to Europe.

 

And if Iraq is further empowered by legislation for the Federal Supreme Court and oil and gas, it could strike a grand bargain with Turkey on water flows, border security, and energy exports. In addition, Iraq's neighboring Arab countries will be watching Baghdad's actions, especially as they seek to further link their economies to Iraq's economy, as in the case of connection to Iraq's electricity grid. Iraq is said to be close to connecting its electricity network to the Gulf Network, known as the Gulf Cooperation Council Electricity Interconnection Authority. Another example of Gulf investment is the Saudi Sovereign Wealth Fund, which has allocated about $10 billion to invest in Iraq.

 

The impact of internal disputes between the ruling Kurdish parties and between the "Kurdistan Regional Government" and the Iraqi government extends to Iraq's relations with Iran. The Islamic Republic would loathe the idea of not constraining Iraq's energy and gas sectors. Iraqi militias with close ties to Iran have targeted international oil companies operating in Iraq and Kurdistan, such as the Basra oil fields and Kormor gas field in Kurdistan.

 

The United States also monitors this area. Washington has extended successive waivers allowing Iraq to import Iranian gas, on the condition that Baghdad takes steps towards energy independence. However, Iraq is still addicted to (buying) gas and energy from Iran.

 

Given the energy shortages in Europe caused by Russia's war in Ukraine, the United States has worked to urge Iraq and the KRG to increase gas production and seek to export it. The KRG concluded a contract with the Russian company Rosneft to build a gas export pipeline. However, the intensification of the Russian role in the energy sector in the "regional government" is questionable in the near term.

The dispute calls for the mediation of a certain party between the "Kurdistan Regional Government" and Baghdad. However, the United States has not played a mediating role since 2008, while the KRG and Baghdad have resorted to blame games rather than conflict resolution. Although neither side asked Washington to mediate, the US Department of Energy issued a special report on the promise of (providing) gas from the "Kurdistan region" to contribute to the rationalization of these negotiations. On the other hand, oil markets may quickly lose 400,000 barrels of oil that the KRG is currently exporting if the crisis is not dealt with wisely.

Bilal Wahhab

The Washington Institute

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The judiciary responds to the appeal of Lahore Sheikh Jangi on his exclusion from the union, according to Pavel Talabani's decision
 

  

Baghdad - Nas  

The Judicial Authority for Elections in Baghdad decided to ratify a statement issued by the Commission regarding the approval of the changes of the Patriotic Union of Kurdistan headed by Pavel Talabani, and Lahore Sheikh Janki responded to those changes that led to his removal from the co-chairmanship of the Union and from the membership of the party, accompanied by a number of party cadres belonging to his line.  

  

  

  

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Earlier, the Board of Commissioners responded to an appeal submitted by the expelled co-chair of the Patriotic Union of Kurdistan, regarding the presidency of the current president of the party, Pavel Talabani.  

  

  

According to a statement by the council, “NAS” received a copy of it (February 1, 2023), in which it stated, “The council reviewed the internal system of the aforementioned party before and after the amendment and all the priorities attached according to the letter of the Department of Political Parties and Organizations Affairs No. (48) on 1/2023 15 In which the decision of the Sulaymaniyah Court of First Instance numbered (2014/b/2022 on 9/10/2022) was filed by the plaintiff (Lahore Genki Burhan) against the defendant (Pavel Jalal Hussamuddin), and they are the same parties to this complaint that is being considered before the council and filed for the same reason. With regard to the first paragraph of the complainant’s list, which is his dismissal from the party, it was noted that the aforementioned court decided to dismiss the case according to the aforementioned decision, which is of absolute degree.    

  

And he continued, “Since the rulings issued by the Iraqi courts that have attained the degree of finality are considered as proof of the rights they have separated if the parties to the case unite and their characteristics have not changed, and the dispute is related to the same right in terms of location and cause, and it is not permissible to accept evidence that nullifies the authoritativeness of the final judgments / Article (105, 106) of The Law of Evidence.    

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The appeal included the new changes in the Patriotic Union, the appointment of new members of the Political Bureau, the dismissal of Lahore Sheikh Genki and a number of people from the membership of the Patriotic Union of Kurdistan.   

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