KRG
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We believe that the best way to solve these conflicts is to go back to the constitution
In light of continued uncertainty about resolving the outstanding disputes between the Kurdistan Region and the Iraqi Federal Government, KRG.org interviewed Head of the KRG Department of Foreign Relations, Minister Falah Mustafa to shed light on the underlying issues.
KRG.org: What difficulties is Iraq facing today, and how can these and the ongoing disputes between Baghdad and Erbil be overcome?
Minister Falah Mustafa: In spite of its tremendous natural wealth, most of Iraq is suffering from a lack of security and basic services. Daily reports of violence and the ongoing suffering of the general population show that much is needed to improve the general situation in Iraq. However, little is being done to address these problems. Nor are there any policies to safeguard Iraq's future or to solve the issues between Baghdad and Erbil.
Several times, we in the Kurdistan Regional Government (KRG) have shown our willingness and flexibility to reach compromises in order to solve the issues with Baghdad and to help ensure a secure, stable and prosperous Iraq. But leaders in Baghdad continuously avoid trying to find solutions, choosing instead to distort the nature of the problems and portray them in a different light.
We believe that the best way to solve these conflicts is to go back to the constitution, and particularly to the articles that directly address these issues. The constitution is clear about genuine partnership, and the disagreements we have with the Federal Government are not limited to the Kurdistan Region. Many other Iraqi political factions and movements share our concerns.
If Iraq is to avoid repeating its painful past, the freedom and equality of all its people must be guaranteed through democracy and the rule of law. The Iraqi constitution was accepted through a national referendum in 2005, and it must be the foundation from which these issues are addressed.
KRG.org: Some politicians in Baghdad say that the 17% of Iraq's budget that is allocated to the Kurdistan Region is greater than the region's size and population warrants. How was the 17% established, and how could this percentage be changed?
Minister Mustafa: The Kurdistan Region should receive more than the 17% currently allocated to it by the Federal Government. This percentage was agreed upon because there was no recent census information to precisely determine what the percentage should be.
Even during the international sanctions of the 1990s, the limited KRG-administered area was allocated between 13-15% of the proceeds from the Oil for Food programme. However, Iraq's population figures have changed since then. The Kurdistan Region has seen significant population growth, as well as a major increase of new residents fleeing other parts of Iraq and a large number of returnees from the Kurdish Diaspora abroad.
Despite our limited resources and capability, our government has pursued a rigorous programme to rebuild the thousands of villages that were destroyed and provide constant supply of basic services to our people.
Those who argue that we should get less than 17% of the budget are ignoring these facts while at the same time refusing to implement the constitutionally mandated national census that would immediately resolve the issue. When we accepted this percentage, it was as a sign of compromise and goodwill until the national census could be carried out.
Our political parties are the only ones urging that a national census be carried out. Every successful state needs to conduct regular census in order to be able to assess the needs of its respective areas, and it is clear that the only reason there is no support for this necessary effort is that it would validate the claims that we have made.
KRG.org: Some officials also claim that the contracts the KRG has signed with international oil companies are illegal and that the administration of Iraq's natural resources is the exclusive right of the Federal Government. How does the KRG view this issue?
Minister Mustafa: The areas that are the exclusive jurisdiction of the federal government are clearly stated in the constitution. And, while the constitution does stipulate that the management of the oil and gas extracted from present fields will be undertaken by the federal government with the producing governorates and regional governments, it gives the authority for the regional government to manage non-producing and future fields provided that they are in line with the strategic policies of the federal government which should be formulated with the respective regional government. Further, Articles 111 and 117 of the constitution clearly give precedence over non-exclusive federal powers to the respective regional governments, and Article 137 validates contracts and decisions made by the KRG which do not otherwise contradict the constitution.
When the Iraqi constitution was ratified there were no producing fields within the area administered by the KRG, and the fact that so many international oil companies have signed contracts to explore blocks within Kurdistan confirms that these contracts are in adherence with Iraq's constitution. We are confident that these companies know the constitution and the relevant federal and regional policies very well, and the substantial progress of this industry in the Region indicates that the KRG is pursuing the correct course in this sector.
Further, if the Iraqi Council of Representatives had approved an oil and gas law in accordance with Iraq's constitution, as was supported and called for by the Kurdish leadership, then these problems would not even exist today.
Our economic model and our agreements are proving much more attractive and efficient than the centralised, outdated oil strategies of the federal government -- this is why many international oil companies prefer to operate here, despite threats and negative actions by Baghdad.
KRG.org: There has been a lot of discussion about trying to reach an agreement on these and the other outstanding issues by holding a national conference. If this conference is held, how likely is it that it will be able to solve these issues?
Minister Mustafa: The main problem so far has been a lack of political will in Baghdad to resolve these disputes, as well as a disregard of the Iraqi constitution. If we don't use the constitution as the foundation for resolving these issues, then the problems will remain as they are.
We have seen conferences, we have reached agreements. The lack of political will to follow through with them has made most parties lose trust and confidence in pursuing further negotiations. The recent Erbil Agreement allowed for the formation of the current federal government, and it was only achieved after months of discussion. Accordingly, the only way forward is through adherence to the constitution and through implementation of the Erbil agreement and the other agreements that have already been made.
The Kurdistan Region has enjoyed its liberty for more than two decades now. It has its own institutions, which represent the will of its people. These institutions were established through democratic elections long before the fall of the former regime and the formation of the current Iraqi government. They have been formally recognized in the federal Iraqi constitution, and our rights must be respected.
We have seen unparalleled growth and progress in Kurdistan over the past twenty years. Many view the Region as a source of inspiration, and it has become a successful model that the rest of Iraq can benefit from.
We ask the Iraqi officials to acknowledge these realities and not to use Kurdistan as a scapegoat for their shortcomings and problems. The most pressing issues Baghdad needs to address have nothing to do with Kurdistan and either have been, or are already being, dealt with and resolved here.
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