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Khawr Abdullah agreement .. the future of the future of a country for "unknown"
Khawr Abdullah agreement .. the future of the future of a country for "unknown"
The results of the Parliamentary Investigative Committee charged with the file of the Khawr Abdullah agreement signed by the Iraqi government with its Kuwaiti counterpart in 2012 raised a wide controversy over violations of Iraqi sovereignty. The agreement included a number of violations, most notably signing the agreement about 16 months ago, And called the specialists in diplomatic affairs and foreign relations Convention as "unfair" against Iraq.
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The agreement states that the purpose of the agreement is to "cooperate in the regulation of maritime navigation and the preservation of the marine environment in the sea corridor in Khor Abdullah, to the benefit of both parties."
The House of Representatives voted in August 2013 on the draft law for ratification of the Convention between Iraq and Kuwait on the regulation of maritime navigation in Khor Abdullah, but the report of the investigative committee showed that the Minister of Transport Hadi al-Ameri in the previous government signed the agreement on April 29, 2012, That is, 16 months before the approval of the Parliament.
A great injustice to Iraq's right of its people before its neighbors
According to the investigative committee, the agreement granted Kuwait "full" Khawr Abdullah because the side of Iraq is shallow and can not do navigation, although it is the only waterway where ships sail to the ports of Umm Qasr and Zubayr Iraqis, Kuwait does not have any current or future projects in this region.
Activists and politicians condemned the move by former Transport Minister Hadi al-Amiri, calling it an "anonymous deal" because of the ambiguity surrounding the time when the agreement was signed, as well as the negotiating committees formed by then-foreign minister Hoshyar Zebari, who appeared to lack the means to run. So negotiations.
But close to Amiri invoked the UN resolutions binding on Iraq and imposed on him, the signing of the Convention before the vote of Parliament, where justified the Badr bloc, which belongs to the former Minister of Transport, at the time, and said that the then Prime Minister Nuri al-Maliki ordered the signing.
[You must be registered and logged in to see this image.]In turn, member of the investigation committee MP Zaher al-Abbadi said that it was supposed not to hold that agreement with the State of Kuwait, because the dimensions of political rather than professional, and the great harm to the Iraqi people, especially Basra, as the port of Mubarak, Kuwait will close the Iraqi navigational channel, Any passage to Iraq except through Kuwait.
Al-Abbadi told Al-Nour News that the Iraqi negotiators are supposed to put pressure on the Kuwaiti side to build the port of Mubarak elsewhere, considering that the coast of Kuwait is up to 360 kilometers, while the coast of Iraq is 46 kilometers, they can build the port elsewhere .
Abadi said that the port affected the work of Iraqi fishermen in that area, while the area is free of Kuwaiti fishermen.
In addition to the Khawr Abdullah case, which may fail the Umm Qasr port project, the State of Kuwait foiled the port project of Faw by constructing the Mubarak Al Kabeer Port despite the small economic benefits of the port. Because of the presence of other ports on the same line, such as the port of Zour and Mina Abdullah.
Iraqi experts believe that the construction of the port of Mubarak will stifle the only maritime port of Iraq, because it will cause the coast of Kuwait to be extended at a distance of 500 km, while the Iraqi coast is confined to the area of (50 km).
Iraqi political conflict
Observers believe that some Iraqi politicians took advantage of the agreement Khor Abdullah for political purposes, at the expense of stirring up citizens' projects, the deputies who ratified the Convention in 2013, are the same who came after the opponents of the Convention, and practitioners of a kind of "political dichotomy."
And others questioned the integrity of the Iraqi committee signed the Convention, and what raises more doubts, is the uproar caused by some [You must be registered and logged in to see this image.]politicians through the defamation of the Minister of Transport, and denied the national affiliation to him, on the pretext of "waiver of the entire Creek," despite the incorrect information, which indicates To the motives of the politicians' movement related to the partnership in the "anonymous interview", which is expected to have received none of them.
The problem is in the terms of the agreement and not in the Al-Khor Association
The United Nations finalized the issue of demarcation of the Kuwait-Iraq border in accordance with resolution 833 of 1993, when a competent committee supervised the precise delineation and stabilization of the border between the two countries on the basis of an agreed record of "Restoration of Friendly Relations, Recognition and Related Matters" 1963, and based on Chart 1235 of the British Admiralty, which operates according to the 1984 World Survey System. The final results of the Commission were to determine the line between Khawr Abdullah and the waterway between Iraq and Kuwait. In its resolution 833, N Aiah, and stressed the decision to ensure the inviolability of international borders, which planned a final between the two countries, and considered that any breach of this will be followed, as appropriate, to take all measures to achieve this end in accordance with the Charter of the United Nations under Chapter VII and Security Council resolutions (687) and (733).
Therefore, the problem with the signing of the previous government, represented by then Minister of Transport Hadi al-Amiri, is not in the "concession of land" as promoted by some politicians in the public and media, but in the provisions of the Convention governing navigation, which limited Iraqi sovereignty, To take account of the inclusion of Iraq in article 70 of the International Law of the Sea of geographically affected States.
A violated sovereignty and a new division that goes beyond UN resolutions
In its report, the Iraqi Investigative Commission stated that Article 4 of the Convention clarifies the division of the navigational corridor by mentioning the words "each side exercises its sovereignty over the part of the salt path within its territorial sea" and Article 2 of the Convention not only by paragraph 162, According to the report, articles (2,4,7,9) are evidence of a new border demarcation outside the resolution (833), starting from Point 162 to the entrance of the channel located near buoy 1; because the decision divided part of the corridor from points 156, 157, up to 162, leaving the rest to put it under the And gave the right to passage of vessels belonging to the Iraqi side unconditionally.
[You must be registered and logged in to see this image.]The agreement also recognized the right of the Kuwaiti side to set restrictions and controls on Iraqi warships and to inform the State of Kuwait of all security movements of the Iraqi Coast Guard. In addition to the inclusion of what harms Iraqi sovereignty in preventing foreign ships coming to Iraq from raising the Iraqi flag.
The use of the creek jointly requires the regulation of the relationship between the Kuwaiti and Iraqi sides to determine the rights and obligations of each party; therefore, the Convention (which was incorporated under Law No. 42 of 2013) regulates these matters and does not refer to the issue of demarcation at all and does not have the right to do so; Was resolved by the United Nations Commission and adopted by the International Organization and became a reality.
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