The Kurdistan Parliament released a statement in which it responded to the federal court's decision to oblige the Kurdistan Region to hand over oil and gas to the federal government.
The Kurdistan Parliament said in a statement:
"The federal Iraqi state as stated in Article (3) of the permanent Iraqi constitution of 2005: The state of Iraq belongs to all Iraqis of all nationalities, religions, and sects. Federalism in its basic and real meaning is the division of powers, including the authority to manage financial and natural resources between the federal authorities and regions, and the federation of multiple components based on the basic principles: autonomy, partnership, constitutional budget, cooperation, and broad political decentralization," the Kurdistan Parliament said in a statement.
This is at a time when the Iraqi constitution was built on the basis of defining the federal authorities, and this requires interpreting the texts towards observing justice and preserving the principles of federalism and equality, without curtailing the legitimate institutions of the regions and placing many of the unconstitutionality of our authorities.
Therefore, any unbalanced interaction in the application of authorities and selective treatment with the provisions of the Constitution means destroying the federal foundations, and the consequences of that, in the end, do not serve the country, the rights, and the interests of citizens.
From this standpoint, the Kurdistan Region took the initiative and defended the establishment of the federal system in Iraq, and worked to continue to install it, because the experience of individuals with authority and centralization created tragedies for the peoples of Iraq previously, and the decision of the Iraqi Federal Court on February 15, 2022 regarding the authorities of managing oil and natural resources in Iraq is inconsistent with the foundations of the federal system and the provisions of the Iraqi constitution.
1- The Iraqi constitution in Article 110 does not limit in any way the authority to manage natural resources - including oil and gas - to the authorities of the federal government. Rather, Article (112 / first paragraph) of the constitution confirms that the management of oil and gas is one of the common authorities between the federal government. And the regions, which belong to the fields managed by the regional government before the writing of the permanent Iraqi constitution in 2005.
2- The Federal Court’s decision contradicts its previous decision, which is Resolution No. (8) of 2012, which confirms the participation of the region and the oil-producing governorates in formulating the strategic policy for oil and natural resources.
3- The legislation of Law No. (22) of 2007 for the Kurdistan Region came as a result of the feeling of despair that the Iraqi Council of Representatives did not legislate the federal oil and gas law, and due to the absence of such an important federal law, some laws were enacted during the era of the former regime, which was drafted based on centralization, it does not comply with the constitutional foundations in the management of oil and natural resources, including Law No. 101 of 1976 and Law No. 84 of 1985, both of which were relied on by the Federal Court in its decision.
4- Article (111) of the Constitution affirms that the ownership of oil and gas belongs to all the peoples of Iraq, and that the Kurdistan Region, in light of the commitment to this basis of Article (3) of Law (22) of 2007, confirmed full compliance with that, and for this reason it restored the rate of proceeds from sold oil , and specified in the Federal Budget Law, to the federal government, and then give the Kurdistan Region’s share of the clearing.
5- When the Kurdistan Parliament in 2007 issued Law No. (22) for Oil and Gas, the federal government dealt with the consequences of its legislation, and this was reflected in the last law on the federal budget, as Article (11) of it emphasized the necessity of such coordination.
Finally, the Kurdistan Region affirms its commitment to the constitution and the preservation of the general interests of the country, away from unilateral interpretations, and the non-observance of the voluntary union of a federal Iraq."
On Tuesday, the Iraqi Federal Court issued a ruling that the oil and gas law issued by the Kurdistan Regional Government (KRG) is unconstitutional.
Earlier on Tuesday, the Federal Court held a hearing on the case (59 federal) regarding the export of oil by the KRG.
The Federal Court ruled that the oil and gas law of the Kurdistan Region was unconstitutional and that all the contracts made by the KRG should be reviewed.
The court also decided to oblige the Kurdistan Region to hand over oil to the federal government.
(PUKNOW/PUKmedia)