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- SUNDAY, MAY 15-2022,PM 7:50
- KARAR AL ASADI
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By: Dr. Bilal Khalifa
We talked a lot about Iraqi oil revenues in the disputed areas, as well as in the areas located within the region in northern Iraq, and how the authority of the northern Iraq region took control of the oil and gas fields in the areas outside the northern region without any right, which were previously under the management of an oil company The North and the two most famous fields are the Khormor gas field, which produces about 450 cubic meters of gas, and the Khurmala field, which produces a third of the oil produced from the North region.
Also, that control of these fields is in violation of the constitution and laws, and the decision of the Federal Supreme Court came in Case 59 / Federal / 2012 and Unified 110 / Federal / 2019 on 2/15/2022 containing the ruling that the Oil and Gas Law of the Kurdistan Regional Government No. 22 is unconstitutional of 2007 and its repeal for violating the provisions of Articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for the year 2005.
And obligating the regional government to hand over all oil production from the oil fields in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government extracted oil and hand it over to the federal government represented by the Federal Ministry of Oil, and enabling it to use its constitutional powers regarding oil exploration, extraction and export.
Article (13) of the Constitution of the Republic of Iraq for the year 2005 indicated the superiority of the provisions of the constitution, as stated in the first paragraph of the aforementioned article (this constitution is the supreme and supreme law in Iraq, and it is binding in all parts of it without exception).
Article (94) of the Iraqi constitution stipulates that the decisions of the Federal Supreme Court are mandatory for all authorities.
The decisions of the Court are final and binding on all under the Constitution, Article 94, which states (Decisions of the Federal Supreme Court are final and binding on all authorities).
Failure to implement it is a crime under the Iraqi Penal Code. See Article 329 of the Iraqi Penal Code.
It stipulates the following: “Any public official or agent who exploits his position to stop or obstruct the implementation of orders issued by the government or provisions of laws and regulations or any ruling or order issued by a court or any competent public authority or in delaying Collecting money or fees and the like prescribed by law.
Therefore, the Ministry of Oil formed a negotiating team with the region to implement the Federal Court’s decision, which is the re-implementation of the Iraqi constitution, but the Northern Region refused any step in this matter, and the President of the Kurdistan Regional Government, Masrour Barzani, stated his rejection of any solution and categorically any concessions in the management of the region’s oil file , considering the Federal Court's decision on the file unconstitutional and illegal and based on political pressure.
Escalation of the situation by the region
1 - Here it was expected, because the region has taken from the federal government and has not given up an iota since 2003, but the surprising issue is the escalation last night, 14/5/2022, that the North Oil Company announced that an armed force affiliated with For the Kurdistan Regional Government, accompanied by a technical team, to bypass the wells of the Bay Hassan-Daoud field, in order to exploit the production capacities of these wells for the benefit of the Kurdistan Regional Government. Bye Hassan.
And that the company filed a lawsuit in this regard in the Federal Supreme Court.
2 - It also made another escalation before this matter, which is that the visual representative, Uday Awad, published papers showing the export of oil produced in the region to Israel, and this is in violation of the central laws and directives, but the region escalated the matter and published its oil export destinations on its official website. Israel.
The Federal Oil Ministry filed a lawsuit in 2014 against the Ministry of Natural Resources in the Kurdistan Regional Government of Iraq for exporting oil produced in the region and Kirkuk without Baghdad’s approval and in violation of the constitution. Several sessions were held, but so far no decision has been issued.
3 - The other escalation is the tendency to dismiss the Oil Minister less than one day after his last statement that the negotiations with the region, which lasted for 75 days, and despite the ministry's showing great flexibility, did not reach solutions because of the region's intransigence. The observer well notes that any Iraqi official criticizing the region with something simple will be said and will not have any political activity in the future, meaning that the authority in the region wants officials who act according to the desire of the region and not the higher interest of Iraq.
Conclusion
1 - The region, as we said earlier, will not give Baghdad a single barrel of oil, as it has not and will not give a single dinar from the rest of the revenues.
2 - The region will move to dismiss any official who puts the interest of Iraq over the interest of the region, or who verbally criticizes the region's policy.
3 - The region may take another step and control new wells and other fields and make them a fait accompli and use them as a bargaining chip to pressure the federal government.
4 - The authority in the region does not respect Baghdad or Iraq, nor its constitution, nor its supreme court, and the evidence is a constant violation of them.
5- Today the central government honors the authority of the region by sending 200 billion dinars after less than 12 hours of occupying the authority in the region to oil wells, and this means that the region stole the south and that the government also stole the south by giving the money of the south to the region.
Recommendations
1 - Move to return the wells that were controlled by the region
2 - Return the fields that fall outside the region defined by the United Nations in 2003, the most important of which are Khurmala and Khor Mor fields
3 - Punish the companies that deal with the authority of the region outside the flag of Baghdad
4 - Punish officials accused of selling oil to Israel
5 - Work to implement the Federal Court's decision that the oil and gas law for the Kurdistan region is unconstitutional.
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