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Legalists: The Kurdish political dispute endangers the region's legitimacy
Iraq 2023/07/31
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Sulaymaniyah: Karim Al-Ansari
The dilemma of not writing a constitution in the Kurdistan region since 2005 constitutes a preoccupation for citizens, opposition parties, activists, and parliamentarians, with the aim of regulating the relationship between the authorities, their powers, and the period of their stay, and limiting legal violations, indicating that the two main parties have not yet agreed to develop a written policy for the constitution, and that everything issued by Parliament The region in previous periods of laws and legislation came based on the elections of the old Kurdistan Parliament law, and this is not appropriate.
Member of the Constitution Writing Committee for the Kurdistan Region for the year 2005 on behalf of the Kurdistan Justice Group, Dana Dara believes that "there is a right for the region to have its own constitution in accordance with Article 120 of the Federal Constitution."
Dara added, in an interview with "Al-Sabah", that "the most prominent reasons for delay are the failure of the two main forces in the region to agree on setting a written policy in constitutional texts that regulate that relationship, in addition to fixing the borders of the region and introducing the disputed areas in it, and the position of the official religion and making it a main source of legislation." .
Legal expert Hoshyar Malo said, "The Kurdistan region needs to write its constitution, and there was more than one attempt, and it seems that differences between the parties prevent reaching an inclusive constitution as a support for all the laws enacted by the parliament of the Kurdistan region, which suffices to issue decisions."
Malo added, to "Al-Sabah", that "five years ago there was an attempt in the parliament of the Kurdistan region to have a constitutional committee to consult the citizens of the region to write a constitution consistent with the federal constitution and consistent with international standards and agreements that the Iraqi state has joined." In turn, the deputy indicated in The region's parliament, Azad Akram Bahram, said in an interview with "Al-Sabah" that "the issue depends on the partisan decision," pointing to "the presence of opposition in the region's parliament."
He explained by saying that "the Kurdish parties have not yet agreed on the elections, so how will they agree on the constitution?"
A member of the Kurdistan Union, Ahmed Harki, believes that "the problem is the weakness of the institutional building process of the institutions of the Kurdistan region and the lack of adherence to even the election dates." Federal".
Herki continued, in an interview with "Al-Sabah", that "the absence of a constitutional culture among most parties contributed to the weakness of the political system in the Kurdistan region, and the result was the recent Federal Court decision binding on all, which ruled the invalidity of extending the work of the region's parliament, so every law after November 6, 2022 became illegitimate, This confirmed a crisis in the legitimacy of the political system in the region, which requires pause and real dialogue between the actors and political elites in the region in the coming period.
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