UPDATED: Kurdish legislature rejects Iraqi parliament’s rulings against Erbil

30-09-2017
Rudaw
Tags: independence referenudm
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ERBIL, Kurdistan Region - The Kurdistan parliament, in a unanimous vote on Saturday, rejected the Iraqi government and parliament’s rulings it issued in response to the Kurdistan independence referendum, describing the decrees as illegal and saying the referendum was held backed by the Iraqi constitution.

The parliament also said the general commander of the Peshmerga forces had full authority to protect areas coming under threats, namely the disputed or Kurdistan areas outside the Kurdistan Region.

The Kurdistan parliament asked the neighboring countries, notably Turkey and Iran, to respect the laws of the Region.

The Kurdistan parliament also asked “official authorities of the Kurdistan Region to implement the referendum outcome which was held on September 25, 2017.”

The parliament, whose session lasted many hours today, also announced that the closure of the borders, according to the Iraqi constitution, is not vested with the Iraqi federal government.

“The Kurdistan parliament calls upon the international community and neighboring countries and the region to respect the Kurdistan nation’s decision,” the parliament statement read. 

“Concerning pursuing the self-determination right, the Kurdistan parliament assures the neighboring countries and the region that the Iraqi Kurdistan’s referendum will in no way pose a threat on the national security of any nation,” it added.

“The [Kurdistan] Region has been a factor of stability in the region,” it added.

The parliament “congratulated the victory of the independence referendum for the Kurdistan nation which showed itself to the world in a civil and democratic process, according to international laws, basis and regulations and the Iraqi constitution.”

The Kurdistan parliament also supported an earlier announcement by the Kurdistan Regional Government (KRG), which rejected the Iraqi parliament’s rulings against the Kurdistan Region.


After 92.73 percent of voters chose independence for Kurdistan in Monday’s referendum, Baghdad has rejected the result and issued a series of orders to ban flights, shut the borders, close foreign representations, assert control over oil exports, and deploy troops to disputed areas. 

The Kurdistan parliament blasted the Iraqi parliament’s decree ordering Haider al-Abadi, Iraqi prime minister to deploy troops to the Kurdistani or disputed areas.

Committing the general commander of the Iraqi armed forces to deploy troops to the Kurdistan areas outside the Kurdistan Region administration is against Article 9 of the Iraqi constitution including that the Iraqi armed forces cannot be used against the Iraqi components to put an end to political rivalries, read the parliament statement.
 
The permanent Article 140 of the Iraqi constitution has given the right to decide on the Kurdistan areas to its people through a referendum, not ordering or the use of force to take over the area. The Kurdistan parliament also authorizes the general commander of the armed forces to take necessary measures to protect the areas to secure stability in them.
 
It also added that the Kurdistan Region has its own Security Council, thus, the Iraqi Federal Security Council decisions will not be executed in the Kurdistan Region as they are outside the federal government’s particular authorities. 
 
It added the decree issued to close border gates is not under the authority of the Iraqi federal government and is not included in Article 110 of the constitution. According to Article 115, any subject not included within the context of the federal government’s particular authorities, lies in the authority of the regions.
  

On diplomatic missions, which Baghdad has ordered shut; the parliament decreed the central government does not have the authority to make such a decision. Foreign representations are regulated according to the Vienna Convention on Consular Relations and Optional Protocols.
 
The Kurdistan parliament, on the basis of “peaceful principles between the nations and good neighborhood stresses peaceful approaches for all the problems,” it added.
 
It urges all Kurdistan Region parties to start “constructive talks” with other parties, notably Baghdad.
 
The Kurdistan parliament believes Baghdad’s “collective punishment” against the people of Kurdistan should “concern the international community and the friends of our nation and have a strong stance" against them.

The Kurdistan parliament also hailed Iraq’s top Shiite cleric Ayatollah Ali al-Sistani who called on Iraqi authorities to respect Kurdistan’s rights and urged officials in the Kurdistan Region to “go back to the constitutional path” to resolve the two sides outstanding problems.


Last updated at 11:40 p.m.



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