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Suspension Kurdistan Region

Sarkawt Jalil by Sarkawt Jalil
March 21, 2023
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These days this issue has become hot discussion, which I believe it used only for behalf of political purpose. Meanwhile, I would prefer to do not think of it.

Through legislation part, suspending Kurdistan region or decrease its power, it would not acceptable. According to some constitution articles such as 110, 126 and 142 which are specialized to amending the constitution.

Article 110

Here the power of central government is identified which are foreign affair, diplomacy, contracts, international agreements, financial policy, policy of national security, armies protecting borders, publishing currency, managing central banks, residency issue, organizing broadcasting policy, public budget projects and investment, setting appropriate policy to use water, and public statists. Out of these sectors, the whole other authorities are either common between federal government and regions or specialized to regions.

Article 126 / sub-article 4

None of constitution articles will amend without acceptance of Kurdistan parliament that reduces power of the region.

Article 142

This is particular to amend the constitution in illegal way. This should to implement from the beginning of forming ministry council in 2006, at that year they created a committee to work on it, but they could not do anything.

According to constitution experts, this committee is illegal because the article only once can use it which was in 2006.

The most significant articles that told to amendment is article 76 (which is special to indicate big fraction), article 140 (disputed areas) and ruling system by asking either to become presidency as Shia calls for or parliament like now as Kurds and Sunni want.

In General

Kurdistan region if we take in account Halabja is consist of four provinces. As principles, none of amendment of constitution is issue without votes of majority of Kurdistan population.

Directing the region toward reducing its powers or suspending the region itself as constitutional entity is impossible. Because if corrupt politician want to make it, but the people will refuse. What is remaining is merely policy and negotiations in dark rooms.

The only way to shift this impossible step into possible are international or local plans or they wash our mind otherwise this would very difficult. I am not talking about starvation and some other techniques, I just focused on reduce or suspending region’s power.

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Sarkawt Jalil

Sarkawt Jalil

PhD Student in International law

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