Report: Conflicting judicial decisions may undermine dialogue efforts in the Kurdistan region
[ltr]2023.02.25 - 09:01[/ltr]
[ltr]2023.02.25 - 09:01[/ltr]
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Baghdad - people
The political crisis in the Kurdistan region of Iraq has entered a new turn after the issuance of conflicting judicial decisions between Erbil and Baghdad over the ongoing struggle over the leadership of the "Patriotic Union of Kurdistan" party, which threatens to undermine US-backed dialogue efforts within the Kurdish house, according to a report by "Independent Arabia".
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The report prepared by "Bassem Francis" and seen by "NAS" (February 25, 2023) stated that the new Kurdish tension coincides with warnings that time is running out for the forces to resolve their differences with a view to agreeing to hold parliamentary elections before the end of this year.
On the background of the case, the report said, "The president of the union, Pavel Talabani, removed his uncle's son, Lahore Sheikh Janki, from heading the party in the events of what is known as the eighth of July (July) 2021, following the aggravation of the dispute between the two parties over the ownership of the party, which prompted Janki, who had received the highest votes in the party." The party's fourth conference in 2020 led to lawsuits being filed with the courts in the region and Baghdad, accusing Pavel of carrying out a "white coup" and imposing his absolute control over the party's decisions.
He pointed out that "the struggle of the poles within the union cast a shadow over the chronic disagreements with the" Democratic "party led by Massoud Barzani in terms of managing their joint rule of the region, in the midst of intense competition they fought for federal positions in parallel with the collapse of their agreements concluded on the formula for sharing revenue and influence, to the point of declaring a team Talabani's party in the government boycotting cabinet meetings.
The following is a supplement to the report:
Back across the fork
In a surprising situation, Genki announced in a televised speech on Wednesday evening that he would re-exercise his powers as co-chairman, "based on the party's internal system," and stressed that "he would be part of resolving the dispute within the party, despite the flimsy and unjust accusations leveled against me and the violations that occurred. But I was patient in appreciation of the blood of the party's more than 25,000 victims."
And he continued, "I have proven my innocence through the region's judiciary, and if the comrades reject my step, then I will have to work under the name of the Union Party, which I do not wish." He also hinted at resorting to the polls, "which will show who has the most popularity."
Sheikh Genki expressed his concern about "the unprecedented weakness of the union and the deterioration of its domestic and international weight," referring to "the concern of states about the political crisis in the region." facing real danger.
Inconsistency in judicial decisions
This position came after the Erbil Court of Appeal, which is under the influence of Barzani's party, sent a letter to the "Al Ittihad" in which it confirmed that the latter's internal system "requires the presence of two co-chairs in accordance with the decisions of the party's fourth conference." It also sent a similar letter to the Federal Election Commission and Political Organizations Affairs and a court in Baghdad In a move described by the leadership council of the "Union" as "representing interference in the internal affairs of the party, and this is a red line," and threatened in a statement "to take political and legal steps against any interference," stressing that "all appeals were settled legally in favor of Pavel Talabani," and based on The Federal Supreme Judicial Council in Baghdad responded the day before yesterday regarding an appeal submitted by Genki regarding the decision to dismiss him from the party, and the decision stated, “It agrees with the provisions of the law based on Articles (19) and (20) of the Independent High Electoral Commission Law No. (31) of the year 2019".
And press leaks previously reported that Talabani, who had held talks with a number of leaders of the influential Shiite forces in Baghdad, warned against "the issuance of any judicial decisions in favor of Sheikh Genki, which would push him to withdraw from Baghdad."
Procrastination threatens elections
Meanwhile, political leaders have warned that time is running out for the two parties to develop a map of a way to end the differences and pave the way for holding parliamentary elections before the end of this year, at a time when officials with the Electoral Commission confirm their need for at least six months to make preparations, despite the assurances of “achieving A rapprochement between the parties to overcome some of the obstacles that impede the election process, including the consensus on adopting the multi-constituency system law, as Dilshad Shehab, advisor to the President of the region, Nechirvan Barzani, stressed that "the election date cannot in any way pass the month of November."
Observers believe that this turn will have negative repercussions on the chances of dialogue supported by the US administration, which may exacerbate the state of procrastination and push towards a widening of the rift and the continued imposition of a "arm-twisting" policy to extract concessions.
inherited conflict
Analyst Yassin Taha believes that "this new situation in the federation will complicate the crisis between the two parties, because the federation considers the judicial decisions issued from Erbil that they have a political aspect, especially that they were issued by a security court and are not specialized in party affairs, although the democrat confirmed his non-interference in Judicial Proceedings Matters.
He added, "The first round of talks between the two parties in Sulaymaniyah, which came under American pressure, contributed to breaking the ice, but the recent tension will undermine dialogue efforts in the short term, and will lead to further complications on the setback scene."
Taha believes that "the Kurdish scene is facing new and unprecedented changes in light of the leadership of the second generation of leaders, and what is happening today cannot be compared to the situation that prevailed before 2012, and it seems clear that the tension is escalating due to the endeavor of each party to impose its position within the Kurdish political map." The new union is trying to restore its position in the equation, in which most of its joints are dominated by Barzani's party, based on its strengths and relations locally and internationally.
And about whether the American mediation efforts failed to achieve results, he said, "The Americans have not pressed hard until now. It is true that they have the tools to impose their policy, especially on the Kurdish arena, but it is clear that the situation is still limited to dissatisfaction to the extent of astonishment with this reality." according to the positions issued.
coup against the entity
A state of anxiety hangs over the region as a result of the increasing dangers to the "gains and the constitutional entity of the region," and this became clear after a newspaper in Baghdad published last Saturday the results of a survey conducted by a Kurdish company specialized in "referendum and analysis," and showed "the existence of a Kurdish popular desire to dissolve the region's entity." And the return to federal authority", which sparked an official governmental and party condemnation for being a violation of federal constitutional principles, while opposition politicians and media professionals held the two ruling parties responsible for the changes that occurred in the general mood of Kurdish public opinion as a result of "their conflicts, the failure to eliminate corruption and the worsening deterioration in the standard of living and services." And the repercussions of this on the decline of the Kurdish weight in the negotiations about the entitlements of the region with the Baghdad government.
The judiciary lacks independence
For his part, analyst Saman Noah attributes the Janki crisis to the existence of an overlap between the decisions of the executive and judicial authorities, saying, "It is known that judges are appointed by the two ruling parties, and therefore the influence of the two parties on the issuance of judicial rulings in cases with a political and administrative background has a direct impact, and therefore it can Understanding what was issued by the Erbil courts as a position related to the Democratic Party’s desire to aggravate the dispute within the leadership of the Patriotic Union in an attempt to increase pressure on it, and this will anger the Union, which may go beyond boycotting government meetings towards consolidating its unilateral tendencies at the expense of government decisions,” adding that “The depth of the dispute has become great and is no longer confined to the political, electoral and economic files, but has extended to the security and judicial files, and this carries dangerous implications at the level of the growing administrative division, and we are facing a war to extract concessions by all means, although everyone knows that the electoral process cannot be held from without a prior political settlement in most of the contentious files.
Noah agrees with the view that the American pressure on the decisions of the Kurdish leaders regarding the region's crisis is still weak, and he said that "the advice and recommendations of international actors in the Iraqi file no longer have an effective impact on the region for various reasons, as a result of the prevalence of the idea of imposing a fait accompli among the new leaders of the two parties." Which puts international players in a position of accepting this reality, even if it is not compatible with their orientations regarding the damage that will befall the democratic process, political pluralism, and institutional structures in the region.
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