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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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    Why did the Federal Court’s decisions regarding Kurdistan anger the Kurds?.. The full story

    Rocky
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    Why did the Federal Court’s decisions regarding Kurdistan anger the Kurds?.. The full story Empty Why did the Federal Court’s decisions regarding Kurdistan anger the Kurds?.. The full story

    Post by Rocky Sun 25 Feb 2024, 7:17 am

    Why did the Federal Court’s decisions regarding Kurdistan anger the Kurds?.. The full story



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    2024-02-25 05:19
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    Shafaq News/ “The decisions of the Federal Supreme Court have become interpreted as more political than legal, and its decisions go beyond their own situation, and it has begun to tighten the screws again and again on the Kurdistan Region, “to undermine the administrative and political entity of the region.”
    This is how Kurdish politicians angrily describe the decisions of the Federal Supreme Court (the highest judicial authority in Iraq), which it took on Wednesday, 2/21/2024, to oblige both Muhammad Shia al-Sudani, Prime Minister of the Federal Council, and the Prime Minister of the Kurdistan Regional Government, Masrour Barzani, to localize the salaries of employees and workers in... The public sector in federal banks.
    The Federal Court also issued decisions regarding the Kurdistan Parliament elections law, and also decided to dissolve the Independent High Commission for Federal Elections in place of the Kurdistan Parliament.
    On the other hand, observers believe that the decisions are correct and “consistent” with the law and the constitution, and will “give everyone their due rights,” and will end the suffering of the region’s employees due to the delay in receiving their salaries for periods extending to months.
      
    Details of the two decisions
    The legal expert, Ali Al-Tamimi, explains, “The Federal Supreme Court issued two decisions, the first is Resolution 83 and its consolidated documents for this lawsuit in 2024, related to the elections in the Kurdistan Region, and regarding points related to the Region’s Elections Law No. 1 of 1992.”
    Al-Tamimi explains to Shafaq News Agency, this decision, “The Federal Court reduced the number of members of the regional parliament to 100 instead of 111, because the increase of 11 members, which came with the Seventh Amendment to the law, the Federal Court believes is in violation of Articles 14, 20, 102, and 39 of the Constitution.” 
    “The court, in this decision, made the Federal Election Commission the one that supervises the holding of elections in the region, by virtue of Article 1 of the Election Commission Law No. 31 of 2019, because the Regional Election Commission has ended its term, and the Parliament in Kurdistan has ended its term, and was dissolved by the Federal Court.” According to Al-Tamimi.
    He explains, “The decision regarding the elections was issued by a majority, and it is known, according to Article 33 of the internal regulations of the Federal Supreme Court, that part of the decisions are issued by a simple majority, and the other part is issued by agreement, which is related to deciding on issues that arise when applying laws and disputes between the center and the regions, for this reason.” The decision was by majority.”  
    As for the second decision 224 related to the settlement of the salaries of employees, retirees, and social care in the Kurdistan Region, the legal expert explains, “This decision was issued by agreement, that is, by the vote of all members of the Federal Court on it, and this decision required that there be a bank in which the funds allocated by the federal government would be placed.” ". 
    “The decision obligated the authorities responsible for employees and retirees to deal with the Federal Ministry of Finance without referring to the regional government, and to be responsible for the inventory, the names it provides, the budgets, and the value of the money paid to the Kurdistan Region, which was estimated at 775 billion dinars,” says the legal expert.
    Al-Tamimi asserts, “These decisions are final and binding in accordance with Article 94 of the Constitution. They are binding on the Kurdistan Region and the federal government according to the text of the Constitution, and they may not be renounced or objected to in any way.” 
    For his part, a member of the Parliamentary Legal Committee, MP Arif Al-Hamami, told Shafaq News Agency, “The Federal Court’s decision is in accordance with the law and the Constitution and was issued from the principle of justice and fairness, as the spirit of the laws relies on the spirit of justice and fairness, especially laws that have a humanitarian and national aspect.”
    "Dream turned into reality"
    The Council of Protesting Teachers in Sulaymaniyah confirmed last Wednesday that the Federal Supreme Court’s decision came as a result of the sacrifices of teachers and employees over ten years, indicating that their dream had become a reality.
    Dilshad Mirani, representative of the lecturers, said in a statement received by Shafaq News Agency, “Over the course of ten years, teachers and employees organized 83 demonstrations with the participation of thousands of teachers, employees, and citizens to demand the most basic legitimate rights. We were faced with accusations and pressures, and there were no listening ears to our demands, but we did not back down, and after that we rose.” We held many meetings with a large number of officials in Baghdad in order to form pressure groups towards the decision-makers, and then we were forced to resort to the Federal Court to file a complaint against the regional government.”
    He added, "The Federal Court's decision came after a difficult struggle and after the efforts of thousands of teachers, employees, and citizens. The dream of distributing salaries has become a reality, and now Baghdad is obligated to pay the salaries of the region's employees by transferring them to government banks and disbursing the salaries of the last three months of last year."
    "The winner is the people"
    In this context, the Director of Al-Rafd Center for Media and Strategic Studies, Dr. Abbas Al-Jubouri, says, “The region’s employees suffered greatly from not being given their salaries and delaying them for months, sometimes up to 4 months, which affected their daily lives and livelihood, and generated a state of dissatisfaction, hence the decision to localize salaries.” It is correct because it will give everyone their right, and these salaries will be deducted from the budget sent to the region.”
    He confirms to Shafaq News Agency, "The decision serves the employee in the region, as he will be like any employee in Baghdad by settling salaries in the official banks from which the employees receive their salaries. These will be deducted from the budget and the winner will be the Kurdish people," as he put it.
    Payroll financing 
    On Saturday, the Parliamentary Finance Committee clarified the details of the Federal Supreme Court’s decision regarding financing the salaries of Kurdistan Region employees.
    The head of the Parliamentary Finance Committee, Atwan Al-Atwani, said in a previous statement to Shafaq News Agency, “The decision of the Federal Supreme Court stipulated that the Ministry of Finance of the federal government finance the salaries of employees in the Kurdistan Region on the same basis as their fellow employees in all Iraqi provinces.”
    He added, "The decision is clear that any party that obstructs the implementation of any of these paragraphs will expose itself to accountability and justice," indicating that "the goal of localizing salaries is to build a database and avoid job redundancy."
    Al-Atwani also indicated that “the allocation amount will be part of the region’s allocations, which is 12.67%, and what remains of it is to finance projects and the requirements of institutions in the region.”
    He noted that "the Ministry of Finance will monthly finance the salaries of employees and retirees in the Kurdistan Region according to the decision of the Federal Court," adding, "officials in the regional government should interact with the decision positively in order to finance employees' salaries normally."
    The position of the regional government
    On the other hand, the Prime Minister of the Kurdistan Region, Masrour Barzani, said last Thursday that his government will express its position regarding the decisions of the Federal Court as soon as it officially receives those decisions.
    Masrour Barzani said in a statement to reporters from Halabja Governorate, “If we receive the decisions of the Federal Court officially, we will express our position regarding them,” adding: But there is no doubt that if anything is against the constitutional rights of the people of Kurdistan and is contrary to them, we will announce our position. "Clearly towards her."
    He added, "The legislative elections should have been held in the Kurdistan Region on time, but they were postponed for two years for political reasons," stressing that "it is better to hold the elections as soon as possible."
    Last Thursday, the Kurdistan Democratic Party considered the Federal Court’s decisions regarding employee salaries and the Kurdistan Elections Law “in violation” of the country’s permanent constitution.
    Last Thursday, the political office of the Kurdistan Democratic Party held a meeting headed by President Masoud Barzani, and one of the topics of the meeting was to discuss the decisions of the Federal Court.
    The party stated in a statement received by Shafaq News Agency, that these decisions contradict the spirit of the constitution, the constitutional rights of the Kurdistan Region, the principles of federalism, and the principle of separation of powers stipulated in the Iraqi constitution.
    The party's political bureau emphasized defending the rights of components and supporting their participation in constitutional institutions.
    In its statement, the party stressed its support for the Kurdistan Regional Government to continue its negotiations with the federal government regarding the region’s financial dues within the framework of the constitution.
    The statement added that the decision related to Election Law No. 1 of 1992 and amending some of its provisions violates the constitution and the nature of the separation of powers.
    "constitutional violation"
    In this regard, the representative of the Kurdistan Democratic Party, Nehru Mahmoud Qadir, confirms that “the decisions of the Federal Court contradict the spirit of the Constitution, constitutional rights, federal principles, and the principle of separation of powers, and everything that was issued is contrary to the constitutional provisions.” 
    Regarding the abolition of quota seats, Qadir points out during his talk to Shafaq News Agency, “The decision did not give rights to the components within the region, at a time when the Iraqi parliament has a quota for the regions of the region, so how can those inside the region be prevented from being represented in the regional parliament, as this is a conflict”?
    On Friday, the parties of the Chaldean Syriac Assyrian component in the Kurdistan Region considered the Federal Court’s decision to abolish the quota seats and the representation of minorities in the region’s parliament a constitutional violation and of a political nature. While they indicated that the decision was disappointing to the people of the component, they stressed that the decision was not within the jurisdiction of the court, which “addressed the error by mistake.” ".
    Meanwhile, the Region's Minister for Component Affairs, Aydin Marouf, said last Thursday that the Federal Supreme Court's decision to dissolve the "quota" seats in the Kurdistan Parliament is "political and illegal."
    “Salaries will not be paid directly.”
    In turn, the former member of the Kurdistan Parliament, Abdul Salam Al-Barwari, explains that “it is logical and expected for any constitutional court that considers such a case to affirm Article 120 III, which stipulates the necessity of allocating a fair percentage of federally collected revenues to regions and governorates not organized into a region according to population ratio or Her need, this was the only thing that fell within her powers.”
    Al-Barwari added to Shafaq News Agency, “But the Federal Court, as usual every time, gave itself the right to replace the legislative and executive authority, and this is contrary to the principle of separation of powers. We also see it entering into details and repeating some of the agreed-upon matters contained in the budget law, such as delivering imports and auditing data.” And others."
    He explains, “The Federal Court used the term ‘localization of salaries’, which opens the way for a lot of speculation, as localizing an amount in a bank, that is, putting it in a bank, and this will not change anything. Some are promoting that the federal government will disburse salaries directly without the region, but the text states: The decision does not suggest that.”
    He continues, “Also, the spokesman for the Federal Ministry of Finance announced that an amount of 618 billion dinars will be sent during the next week, and that this amount will be deposited in banks affiliated with the Central Bank (Rafidain and Rashid), and from there it will be placed on the region’s account in the Central Bank. This is localization and nothing more.” So". 
    He believes that "the federal government's direct entry into disbursing salaries is a process that requires an administrative staff in the hundreds, and preparations that take months. Therefore, the Federal Court has exceeded its powers, and the decision basically comes down to intention. If the intention is to continue imposing these sanctions on the region and reduce its powers, then it can be done." Exploiting this text to not send dues, otherwise what the court did is confirming Constitutional Article 121 III, which obligates the federal government to pay the region’s share and not just salaries.”
    "A nail in the coffin of the Kurdistan entity"
    Last Thursday, the head of the Kurdistan Social Democratic Party, Muhammad Haj Mahmoud, considered that the Federal Court’s decision to hand over the Kurdistan Region’s oil and non-oil revenues to Baghdad aims to dry up the region’s sources of income, and therefore accepting this “unjust” decision is like hammering a nail into the coffin of the Kurdistan entity. ".
    The speech of Hajj Mahmoud, known in Kurdish circles as “Kaka Hama,” came as a comment on the decisions of the Federal Court regarding the election law and the salaries of employees in the Kurdistan Region, where he said, “The decision of the Federal Court dated February 21, 2024 regarding salaries, the budget, the parliamentary elections and their margins is a political decision full of With malice and hatred against the Kurdistan Region, the political entity of the region, and the people of Kurdistan, and against democracy, minority rights, and interference in the affairs of the region’s institutions.”
    He described the decision to dissolve the High Commission for Elections and Referendums in the region as "a poisoned dagger in the back of the Kurds and the political entity of Kurdistan."
    Hajj Mahmoud continued by saying, “The handover of oil and non-oil revenues to the federal government aims to dry up the sources of income for the region, and to extend a begging hand and humiliation to Baghdad, so accepting this unjust decision is like hammering a nail into the coffin of the political entity of Kurdistan.”
    For his part, the Kurdish politician, Yassin Aziz, points out that “the decisions of the Federal Court, not only during this period, but for a long time, have been interpreted as more political than legal, and its decisions go beyond their own situation, and it has begun to tighten the noose, time after time, on the Kurdistan Region until... The observer of the situation feels that the aim of these decisions is to undermine the administrative and political entity of the region, which is a constitutional and legal region.”
    Aziz added to Shafaq News Agency, “Therefore, the Kurdish leadership must work hard to deal with developing the quality of decisions issued in the name of the judiciary, which we hope will be far from political quarrels so that we do not find ourselves one day hearing that legislative and executive powers are carried out through institutions other than their constitutional institutions. The Kurds voted.” The 2005 Constitution so that their rights are protected through it, not so that the region is eliminated by using the Constitution in an incorrect manner.”
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