EXCLUSIVE: Draft of Iraq-KRG agreement proposal on borders, forces

Rudaw has obtained the documents detailing the draft of recent agreement proposals between the Kurdistan Region and Iraq following a few days of clashes in some of the border areas. Iraqi and Kurdish authorities have held negotiations to solve their disputes, mainly in the disputed territories and the deployment of forces, though on Wednesday the Iraqi government and the KRG both accused each other of backtracking on the agreement. 

NOTE: The points in the following documents are what the Iraqi side had presented to the Kurdish delegations and the Kurdish side of the negotiations have provided their response as detailed below. These documents in no way mean any kind of final agreement between Erbil and Baghdad.

Document 1.

The text of the agreement

Based on Articles 110, 114, 115 of the Iraqi constitution concerning the powers of the Federal Government and the Regional Government (KRG) and to normalize the situation, the following agreement was reached between both sides, based on the constitution.

1. 1. Article 53 of state administration transformed to Article 140 in the constitution which (recognizes the Regional Government as an official government in areas it administered in the provinces of Duhok, Erbil, Sulaimani, Kirkuk, Diyala and Nineveh).
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3. 2. Based on Article 140 designed to solve the disputed territories as set in Article 58 of the Transitional Administrational Law to normalize the situation in those areas and establish justice to their populations and erasing all traces of repressive measures taken by previous governments, these areas will be administered by Federal and Region’s (KRG) authorities in coordination and cooperation since they are considered disputed territories until Article 140 has been implemented and their populations have their safety and security returned.
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5. 3. The administration of the Fish Khabur crossing, based on clause 1 of Article 114 of the constitution, stipulates a joint administration. Protection will be provided by a joint force of Peshmerga, Federal forces and the International Coalition. Taking into account that Fish Khabur is inside KRG territory based on Articles 53 and 140.
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7. 4. Joint committees of Federal Forces and Peshmerga will draw a plan for areas where these forces will be deployed.

Document 2.

In the Name of Allah

Based on the Articles and decrees of the Iraqi constitution as the highest power in the country and to which all sides must be committed in all areas and provinces of the country without exception, representatives of the Federal Government and the Regional Government whose names have been listed below met and agreed on this document at the Nineveh Operations Command Center on October, 29, 2017.

Federal Government delegation:

1. Othman Ali Farhud al-Ghanmi      Army Chief of Staff, head of delegation
2. Muwafaq Abul Hadi Taqfiq            Ministry of Interior representative on police affairs
3. Manaf Abbas Ali                          Antiterrorism Forces
4. Hamid Rashid Flayah                  National Security
5. Saad Mizhir Alaq                        Head of Military Intelligence

KRG delegation:

1. Karim Sinjari             Minister of Interior, Acting Peshmerga Minister
2. Jaafar Mustafa          Commander of 70 Army
3. Sherwan Abdulrahman Ali      Peshmerga Command member
4. Aziz Waysi             Commander of Zeravani Forces
5. Zirar HamaSalih    Coordination and Joint Coalition Center/Erbil
6. Brusk Qassab        Director of Peshmerga Intelligence

Agreement:

1. 1. Local administration and local police will administer areas falling within the boundaries of the Kurdistan Region based on Article 53 of State Administration law and of 19/03/2003 and Article 143 of the Iraqi constitution, in a way that does not conflict with the Federal Law.
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3. 2. Deployment of Federal Forces in all areas that fall outside the administrative boundaries of the KRG provinces and Peshmerga presence in these areas must be symbolic and differ in size from one area to another and decided by the Federal authorities.
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5. 3. Securing the Fish Khabur area by Border forces and Federal forces for lack of a legal text on the deployment of any forces other than the federal forces and if the Peshmerga forces become part of the Federal Forces then they will all have to abide by the orders of the Central Command of the Armed Forces.
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7. 4. The Federal Forces will command all areas where they will redeploy to.
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9. 5. Commanders of the Federal Forces and the Peshmerga will draw a plan for the deployment of Federal Forces in these areas and the handover of areas.
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11. 6. This agreement will be implemented in all areas where KRG forces will withdraw from.

Karim Sinjari

KRG Interior Minister/Acting Peshmerga Minister

Lieutaant General

Othman Ali Farhud al-Ghanmi

Army Chief of Staff

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Document 3.

Greetings,

Following the negotiations we are sending you our response here and our views on reaching permanent solutions:

1. Inclusive ceasefire and end to hostilities on all fronts.
2. Return to the joint military mechanism between the army and the Peshmerga to fight ISIS terrorism that is still persistent.
3. Respect to the ceasefire and deployment of joint forces until all issues have been constitutionally resolved.
4. Start of negotiations between Baghdad and the Kurdistan Region and the participation of the International Coalition based on the Iraqi constitution and establishment of political, administrative, legal and military committees to resolve all the issues.
5. As a gesture of goodwill the Kurdistan Region is willing to allow a joint force of Peshmerga, Federal forces and the international coalition in Fish Khabur, but it has to be temporary until the order of things is restored.

Erbil

30/10/2017