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Constitution of the Kurdistan Region raises controversy in Erbil and Baghdad
Date: Tue 2/21/2012 0:35
At this time every year celebrates the anniversary of the founding of the Kurds of Kurdistan in Mahabad region of Iran 66 years ago. This year has seen Irbil, last Sunday, the commemoration of the response in the presence of the leaders of Iran, Syria and Turkey.
At the ceremony confirmed by Masoud Barzani President of Kurdistan, Jalal Talabani, and the representative of the President of the Republic of Iraq, the Kurds the right to self-determination.
Commemoration of the Kurdish Republic, which was founded in January 1946 before the shoot it down the Iranian military in December of the same year, and executed its president in March 1947, coincided with a controversial Iraqi surge recently, on "the draft constitution of Kurdistan - Iraq" voted by the regional parliament in 2009, but linked to a referendum approved by the citizens of Kurdistan, which has not been until now.
Attribute the nice Mustafa leader of the MDC Kurdish opposition, in an interview for the "morning", a polemic on the draft constitution of the region to "press conference held by Kamal Kirkuki President of the Parliament of Kurdistan last month, insisting it to present it to a referendum to pass in its current form."
Kirkuki was announced in January 31 last, before his resignation from office, that the draft constitution will be put to a referendum, opposes the change.
And speaks confident Hashemi, the Iraqi head of the group for Strategic Studies, who visited Arbil a few days ago and met with Kurdish leaders of the various forces, the existence of a problem between the Kurdistan Democratic Party led by Barzani and the Patriotic Union of Kurdistan led by Talabani. Say "morning" that "Massoud wants to gain the trust of the change who have 52% of the seats in Sulaymaniyah, and began leaking he will announce in March a referendum on the independence of the province," and corrects, "but the regional countries is consent, and economic resources does not help the region."
And refused to Khalid Shwani, Chairman of the Legal Committee in the House of Representatives from the Kurdistan Alliance, to comment on this subject, "because what is going on in Baghdad, Erbil, not" also told the "morning".
He says pro-Tayeb, spokesman for the Kurdistan Alliance: The draft constitution of the region "came out of the Kurdistan Parliament and took into account the rules of procedure in approving the project, which is in fact delayed, Since 2003 there is no constitution for the province, even though he needs when prescribed .. there is a constitutional vacuum in the region."
In an interview with the "morning" confirms the good that he "did not specify the day after the referendum" on the draft constitution.
Change and refuses to pay the draft constitution to a referendum in its current form.
Said Mustafa, a member of the Legal Committee in the House of Representatives for the movement "We object to the political system (semi-presidential), and the authorities granted to the president of the region in the draft constitution," explains "We want to be a parliamentary system and the formal powers of the president."
Mustafa reveals about the "gathering about 60 signatures even from the Kurdistan Alliance bloc to bring the project to the parliament."
And consists of the Kurdistan parliament of 111 deputies 100 are elected by citizens directly, and 11 elected the quota. And political trends over the draft constitution states that "the Democratic Party push it to the referendum, the National Union Vemoagafhm vague, as they talk about their alliance strategic with democratic but when you collect signatures signed them next to the members of the opposition. " He continues that "the National Union inclined to bring the project to the parliament, in our meetings out personal information but does not support the return Abouhon so because of their alliance with the Democrats."
And on the mechanism that allows the province to amend the draft constitution after parliament voted upon, it is noteworthy Mustafa through the "referendum law amendment, by adding a paragraph to allow him to return the draft constitution to parliament to amend it before the other is a referendum on it."
The good, Mustafa said that "the opposition demand is illegal because the Constitution was voted on," followed by "The opposition can express its opinion in the referendum .. If the Constitution is invalid and needs to be modified .. If rejection of the referendum would then try to re-write it, and if accepted by Van referendum democratic solution. "
Not only rejected the draft constitution of Kurdistan to Kurdish opposition, in Baghdad, there lies the objections, as much at the areas, "disputed" between the center and the region.
In a statement to the "morning," says Ali Alfalh, a member of a coalition of state law, on the position of the coalition of the draft constitution of Kurdistan that "all that is constitutional is beyond dispute, and the priority of the Iraqi Constitution." With praises Alfalh that the draft constitution, "focuses on Iraqi territory and this is important and a positive reply to all rumors that talk about the separation," referring to the "ambiguity and conflict in some articles," and hopes that "the brothers the Kurds to remove any inconsistencies with the Federal Constitution to remove all the problems ".
When Mohammed al-Bayati, a leader of the Turkmen National Alliance, "taken to ask general, and taken to ask particular, the text of the Constitution of Kurdistan." And separates the leader of the Badr Organization, a telephone call with the "morning", that "of reservations concerning the public that the provisions opposed the Federal Constitution and they have reviewed, and any constitution opposed the federal is false," He continues, "The reservations concerning the special, including Article 140 and the material-like on the disputed areas , wherein a violation, and can not be incorporated in the constitution of the region. "
The Arabs of Kirkuk, one of the most opposed to the approval of the draft constitution of Kurdistan in its current form.
And records the age Jubouri, MP of the coalition of the Iraqi province of Kirkuk, objections "to the preamble and the basic principles and materials" in the draft constitution.
In an interview expanded with the "morning," says Jubouri "in the preamble prejudice (the project) on the political history of Iraq to talk after the First World War, and considered the successive governments hostile work on the liberty of the citizen and the Kurdish oppression," followed by "this strange position and negative, it was the Kurds of shareholders and the most prominent officials in the state at the time, especially after we learned that the bulk of their positions focus in the years 1968 - 2003 ie, after the advent of the Baath Party to power. "
The Jubouri "Article 2 of the draft constitution of the region of the most dangerous substances three paragraphs."
This article provides a "First: Kurdistan - Iraq geographical entity historic made up of the province of Dohuk its administrative borders of current and the provinces of Kirkuk and Sulaimaniya, Arbil and the districts of Akre, Shikhan, Sinjar and Tall Afar and Qaraqosh and aspects of Piper and Bashiqa and ASCII all your from the province of Nineveh and the districts of Khanaqin and Mandali, Diyala, and that its administrative borders before the 1968 . Second, is determined by the political boundaries of Iraq's Kurdistan region the adoption of the implementation of Article (140) of the Federal Constitution. " Thirdly: There shall be established a new province within the borders of the Kurdistan region. "
And attached Jubouri to this article that the "single political boundaries and their presence does not realize, but between countries and not within the country where the border is an administrative, not political, this is a serious subject and reveals the intentions of harbor authors of this text," and adds "and that Article 140 had been completed years."
And criticizes Jubouri, a decision of the Legal Committee in the House of Representatives, Article 7 of the draft constitution of Kurdistan, which states that "the people of Kurdistan - Iraq the right to self-determination, has chosen his own free will to be Kurdistan - Iraq as a federal region in Iraq as long as committed to the federal system of democratic parliamentary pluralism and human rights, individual and collective as stipulated in the Federal Constitution. "
And stresses Jubouri say here, "If the Kurds secede Vlielnoh them, and if they were in a unified Iraq Vladawa large stones under the walls not over."
Monitors Jubouri in breach of Article 12 of the draft constitution of Kurdistan, which says "to the Kurdistan region on the basis of Paragraph V of Article (121) of the Federal Constitution Peshmerga forces a defense to guard the province governing the configurations and functions of the law ..". He explains that "Article 121 V of the Federal Constitution gives the right to form an internal defense forces."
Under Article 121 V of the Federal Constitution ".. the establishment and organization of the internal security forces of the region such as police, security and guards of the region."
In the same vein carries Jubouri Article 65 twelfth of the draft constitution, which states "Allow armed forces federal to the territory of Kurdistan - Iraq, if necessary, after obtaining the approval of the Parliament of Kurdistan - Iraq on the entry of those forces identified with functions and place and length of survival in the region" . He says that it "restricts the movement of the spread of the armed forces that are entitled to enter any area in the country without taking permission from anyone."
He warns Jibouri of Article 17 II of the draft Constitution, which states that "land and public property in the province are the property of the people of Kurdistan - Iraq and regulated by law how to dispose of and exploited." Prepared and contrary to Article 111 of the Federal Constitution which states that "oil and gas is the property of all the Iraqi people in all regions and provinces."
However, a spokesman for the Kurdistan Alliance to respond to all objections and criticisms earlier that "if there was a violation of the Federal Constitution, we have the Federal Court which can brethren the Arabs and Turkmen, who have objections to the constitution of the region related to the extent compatible with the Federal Constitution to resort to it", and corrects, "but to decide or request amendment of the law or opposition to an Act of the Parliament of Kurdistan, it is not suitability. "
The answer, Dr. Hassan Yasiri an expert on the Iraqi constitution, the question of the "morning" about what will happen to him if the Kurdistan region after the referendum on a draft constitution for approval, that "the existence of the Constitution does not prevent the region to the state, does not mean a break, for some reason that the federal states by constitutional jurisprudence usually consist of a central authority and the other federal, and there are regions, and the Constitution of the Union generally provides for the right of the provinces at the age of constitutions, and the 2005 Constitution was built on this basis, provided, however, to be the upper and inclusiveness to the Constitution of the State of the Union any not contradict the Constitution of the province with the Constitution of the Union .. If opposed to what it is null and void without the need to kill it. "
Under the Federal Constitution in Article 13 II "may not enact a law inconsistent with this Constitution, shall be considered void and all text in the regional constitutions or any other legal text that contradicts it."
However, the Yasiri, a specialist private international law, indicates that "this language does not prevent the addition of new provisions not provided for in the Constitution of the Union. Fbamkan constitution of the region to turn to a presidential system of without creating a conflict. The vacuum in the Iraqi constitution can be filled on the constitution of the region are not inconsistent with the fundamentals of the Constitution of the Union. "
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Date: Tue 2/21/2012 0:35
At this time every year celebrates the anniversary of the founding of the Kurds of Kurdistan in Mahabad region of Iran 66 years ago. This year has seen Irbil, last Sunday, the commemoration of the response in the presence of the leaders of Iran, Syria and Turkey.
At the ceremony confirmed by Masoud Barzani President of Kurdistan, Jalal Talabani, and the representative of the President of the Republic of Iraq, the Kurds the right to self-determination.
Commemoration of the Kurdish Republic, which was founded in January 1946 before the shoot it down the Iranian military in December of the same year, and executed its president in March 1947, coincided with a controversial Iraqi surge recently, on "the draft constitution of Kurdistan - Iraq" voted by the regional parliament in 2009, but linked to a referendum approved by the citizens of Kurdistan, which has not been until now.
Attribute the nice Mustafa leader of the MDC Kurdish opposition, in an interview for the "morning", a polemic on the draft constitution of the region to "press conference held by Kamal Kirkuki President of the Parliament of Kurdistan last month, insisting it to present it to a referendum to pass in its current form."
Kirkuki was announced in January 31 last, before his resignation from office, that the draft constitution will be put to a referendum, opposes the change.
And speaks confident Hashemi, the Iraqi head of the group for Strategic Studies, who visited Arbil a few days ago and met with Kurdish leaders of the various forces, the existence of a problem between the Kurdistan Democratic Party led by Barzani and the Patriotic Union of Kurdistan led by Talabani. Say "morning" that "Massoud wants to gain the trust of the change who have 52% of the seats in Sulaymaniyah, and began leaking he will announce in March a referendum on the independence of the province," and corrects, "but the regional countries is consent, and economic resources does not help the region."
And refused to Khalid Shwani, Chairman of the Legal Committee in the House of Representatives from the Kurdistan Alliance, to comment on this subject, "because what is going on in Baghdad, Erbil, not" also told the "morning".
He says pro-Tayeb, spokesman for the Kurdistan Alliance: The draft constitution of the region "came out of the Kurdistan Parliament and took into account the rules of procedure in approving the project, which is in fact delayed, Since 2003 there is no constitution for the province, even though he needs when prescribed .. there is a constitutional vacuum in the region."
In an interview with the "morning" confirms the good that he "did not specify the day after the referendum" on the draft constitution.
Change and refuses to pay the draft constitution to a referendum in its current form.
Said Mustafa, a member of the Legal Committee in the House of Representatives for the movement "We object to the political system (semi-presidential), and the authorities granted to the president of the region in the draft constitution," explains "We want to be a parliamentary system and the formal powers of the president."
Mustafa reveals about the "gathering about 60 signatures even from the Kurdistan Alliance bloc to bring the project to the parliament."
And consists of the Kurdistan parliament of 111 deputies 100 are elected by citizens directly, and 11 elected the quota. And political trends over the draft constitution states that "the Democratic Party push it to the referendum, the National Union Vemoagafhm vague, as they talk about their alliance strategic with democratic but when you collect signatures signed them next to the members of the opposition. " He continues that "the National Union inclined to bring the project to the parliament, in our meetings out personal information but does not support the return Abouhon so because of their alliance with the Democrats."
And on the mechanism that allows the province to amend the draft constitution after parliament voted upon, it is noteworthy Mustafa through the "referendum law amendment, by adding a paragraph to allow him to return the draft constitution to parliament to amend it before the other is a referendum on it."
The good, Mustafa said that "the opposition demand is illegal because the Constitution was voted on," followed by "The opposition can express its opinion in the referendum .. If the Constitution is invalid and needs to be modified .. If rejection of the referendum would then try to re-write it, and if accepted by Van referendum democratic solution. "
Not only rejected the draft constitution of Kurdistan to Kurdish opposition, in Baghdad, there lies the objections, as much at the areas, "disputed" between the center and the region.
In a statement to the "morning," says Ali Alfalh, a member of a coalition of state law, on the position of the coalition of the draft constitution of Kurdistan that "all that is constitutional is beyond dispute, and the priority of the Iraqi Constitution." With praises Alfalh that the draft constitution, "focuses on Iraqi territory and this is important and a positive reply to all rumors that talk about the separation," referring to the "ambiguity and conflict in some articles," and hopes that "the brothers the Kurds to remove any inconsistencies with the Federal Constitution to remove all the problems ".
When Mohammed al-Bayati, a leader of the Turkmen National Alliance, "taken to ask general, and taken to ask particular, the text of the Constitution of Kurdistan." And separates the leader of the Badr Organization, a telephone call with the "morning", that "of reservations concerning the public that the provisions opposed the Federal Constitution and they have reviewed, and any constitution opposed the federal is false," He continues, "The reservations concerning the special, including Article 140 and the material-like on the disputed areas , wherein a violation, and can not be incorporated in the constitution of the region. "
The Arabs of Kirkuk, one of the most opposed to the approval of the draft constitution of Kurdistan in its current form.
And records the age Jubouri, MP of the coalition of the Iraqi province of Kirkuk, objections "to the preamble and the basic principles and materials" in the draft constitution.
In an interview expanded with the "morning," says Jubouri "in the preamble prejudice (the project) on the political history of Iraq to talk after the First World War, and considered the successive governments hostile work on the liberty of the citizen and the Kurdish oppression," followed by "this strange position and negative, it was the Kurds of shareholders and the most prominent officials in the state at the time, especially after we learned that the bulk of their positions focus in the years 1968 - 2003 ie, after the advent of the Baath Party to power. "
The Jubouri "Article 2 of the draft constitution of the region of the most dangerous substances three paragraphs."
This article provides a "First: Kurdistan - Iraq geographical entity historic made up of the province of Dohuk its administrative borders of current and the provinces of Kirkuk and Sulaimaniya, Arbil and the districts of Akre, Shikhan, Sinjar and Tall Afar and Qaraqosh and aspects of Piper and Bashiqa and ASCII all your from the province of Nineveh and the districts of Khanaqin and Mandali, Diyala, and that its administrative borders before the 1968 . Second, is determined by the political boundaries of Iraq's Kurdistan region the adoption of the implementation of Article (140) of the Federal Constitution. " Thirdly: There shall be established a new province within the borders of the Kurdistan region. "
And attached Jubouri to this article that the "single political boundaries and their presence does not realize, but between countries and not within the country where the border is an administrative, not political, this is a serious subject and reveals the intentions of harbor authors of this text," and adds "and that Article 140 had been completed years."
And criticizes Jubouri, a decision of the Legal Committee in the House of Representatives, Article 7 of the draft constitution of Kurdistan, which states that "the people of Kurdistan - Iraq the right to self-determination, has chosen his own free will to be Kurdistan - Iraq as a federal region in Iraq as long as committed to the federal system of democratic parliamentary pluralism and human rights, individual and collective as stipulated in the Federal Constitution. "
And stresses Jubouri say here, "If the Kurds secede Vlielnoh them, and if they were in a unified Iraq Vladawa large stones under the walls not over."
Monitors Jubouri in breach of Article 12 of the draft constitution of Kurdistan, which says "to the Kurdistan region on the basis of Paragraph V of Article (121) of the Federal Constitution Peshmerga forces a defense to guard the province governing the configurations and functions of the law ..". He explains that "Article 121 V of the Federal Constitution gives the right to form an internal defense forces."
Under Article 121 V of the Federal Constitution ".. the establishment and organization of the internal security forces of the region such as police, security and guards of the region."
In the same vein carries Jubouri Article 65 twelfth of the draft constitution, which states "Allow armed forces federal to the territory of Kurdistan - Iraq, if necessary, after obtaining the approval of the Parliament of Kurdistan - Iraq on the entry of those forces identified with functions and place and length of survival in the region" . He says that it "restricts the movement of the spread of the armed forces that are entitled to enter any area in the country without taking permission from anyone."
He warns Jibouri of Article 17 II of the draft Constitution, which states that "land and public property in the province are the property of the people of Kurdistan - Iraq and regulated by law how to dispose of and exploited." Prepared and contrary to Article 111 of the Federal Constitution which states that "oil and gas is the property of all the Iraqi people in all regions and provinces."
However, a spokesman for the Kurdistan Alliance to respond to all objections and criticisms earlier that "if there was a violation of the Federal Constitution, we have the Federal Court which can brethren the Arabs and Turkmen, who have objections to the constitution of the region related to the extent compatible with the Federal Constitution to resort to it", and corrects, "but to decide or request amendment of the law or opposition to an Act of the Parliament of Kurdistan, it is not suitability. "
The answer, Dr. Hassan Yasiri an expert on the Iraqi constitution, the question of the "morning" about what will happen to him if the Kurdistan region after the referendum on a draft constitution for approval, that "the existence of the Constitution does not prevent the region to the state, does not mean a break, for some reason that the federal states by constitutional jurisprudence usually consist of a central authority and the other federal, and there are regions, and the Constitution of the Union generally provides for the right of the provinces at the age of constitutions, and the 2005 Constitution was built on this basis, provided, however, to be the upper and inclusiveness to the Constitution of the State of the Union any not contradict the Constitution of the province with the Constitution of the Union .. If opposed to what it is null and void without the need to kill it. "
Under the Federal Constitution in Article 13 II "may not enact a law inconsistent with this Constitution, shall be considered void and all text in the regional constitutions or any other legal text that contradicts it."
However, the Yasiri, a specialist private international law, indicates that "this language does not prevent the addition of new provisions not provided for in the Constitution of the Union. Fbamkan constitution of the region to turn to a presidential system of without creating a conflict. The vacuum in the Iraqi constitution can be filled on the constitution of the region are not inconsistent with the fundamentals of the Constitution of the Union. "
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