Al-Party criticizes the decision to abolish the “quota” for minorities in the Kurdistan Parliament: selectivity and a blow to peaceful coexistence
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Baghdad today - Baghdad
Today, Sunday (April 21, 2024), member of the Central Committee of the Kurdistan Democratic Party, Ashwaq Al-Jaf, criticized the Federal Court’s decision to cancel the “quota” seats for the components in the election law for the Kurdistan Parliament, wondering whether this cancellation is not considered selectivity or “duplication” in the laws in one country and a blow to coexistence. The peaceful.
Al-Jaf said in a blog post on the “X” website, “In the Iraqi Parliament and Provincial Councils Elections Law No. 4 of 2023, the third amendment to Law No. 12 of 2018, Article 6/Second, seats were allocated to the component quota and an exception was given under the nomination conditions clause.”
She added, "The exception includes the text below (The candidate is required to have a bachelor's degree or its equivalent, with the exception of a quota for the components. The certificate is preparatory school or higher, and the 9 components are granted a share (quota) of the total number of general seats in the House of Representatives, provided that this does not affect their share in If they participate in the general lists,” she asked, “Why did the Federal Court cancel the quota seats for the components in the election law for the Kurdistan Parliament?”
Al-Jaf continued, “Isn’t this abolition considered selectivity or (duplication) in the laws in one country and a blow to the peaceful coexistence between the components in Kurdistan? Or is the law for elections for the Iraqi Parliament and provincial councils unconstitutional? Isn’t this considered a negative of the rights of the components of the Kurdistan region and depriving them of the same enjoyment?” Rights in the center and the south?
On Wednesday (March 13, 2024), the Judicial Council of the Kurdistan Region commented on the Federal Court’s decision to abolish the quota in the Kurdistan Parliament elections, while noting that it “violates the constitution.”
The head of the Judicial Council of the Kurdistan Region, Judge Abdul-Jabbar Aziz Hassan, said in a statement received by “Baghdad Today”, that “It must be said that Iraq was transformed into a federal state with the issuance of the State Administration Law for the Transitional Period in the year 2004, and its system of government was determined in accordance with Article 4 thereof.” Which was built on the basis of historical and geographical facts, the separation of powers, and the constitutional division of those powers between the center and the Kurdistan region. After the issuance of the Iraqi constitution in 2005, Article 117/First recognized the Kurdistan region and its existing authorities and granted it the right to exercise the powers granted to those authorities, with the exception of the powers Exclusive to the federal authorities.
He added, "Everything that is not stipulated in the exclusive powers of the federal authorities is within the jurisdiction of the region, and priority is given to the region's laws over the federal laws with regard to the joint powers set forth in Articles (110-115) thereof. It also grants the region the right to amend the application of the federal law in the event of a conflict or inconsistency between them." The laws of the region shall prevail.”
He continued, "It should be noted that the constitutional articles cannot be violated under any pretext because they are constitutional and binding on everyone, including the Federal Court, which has become obligated to adhere to them and not violate them or violate them under false pretexts."
He pointed out that "based on the above, he stated that the region has the right to exercise its constitutional rights within the Iraqi state, but the Federal Supreme Court, despite the fact that it was established in violation of the provisions of Article 92 of the Constitution and the amended Federal Court Law No. 30 of 2005, has exceeded its legal powers under investigation." In the constitution, it gave itself the right to intervene in every matter, large and small, for the minority, as is the case in its decision No. 83, unifieds 131 and 185/federal/2024, ruling to abolish the quota in the Kurdistan Parliament Election Law No. 1 of 1992, as amended, as well as abolishing eleven seats to form a parliament. Kurdistan has 100 members.
He explained, "When examining the aforementioned decision, it becomes clear that it contravenes the constitution under which it operates, because the constitution recognized that the laws of the Kurdistan region are superior when they conflict or contradict federal laws, in addition to the fact that the aforementioned law contains nothing that contravenes the constitution, and that the federal court in its decision It made itself a legislator, amending the seats of the Kurdistan Parliament, as well as amending the Independent High Electoral Commission Law No. 11 of 2007.”
He continued, "While the division of electoral regions is among the exclusive powers of the Kurdistan Parliament, and the Federal Court has nothing to do with it, neither remotely nor remotely, this situation necessitates a reconsideration of the aforementioned decision, despite describing it as now and binding on all authorities. However, necessity requires reviewing it to ensure justice in it." Because justice is the basis of government and its establishment among people achieves its strength, prestige, durability, equality and justice in society to guarantee the rights and dignity of citizens without discrimination between them on the basis of race, religion, nationality, sect or gender.”
Earlier, the Federal Supreme Court announced the reduction of the number of seats in the Kurdistan Regional Parliament from 111 seats to 100 seats, after ruling that the number of quota seats was unconstitutional.
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