Friday, 03 July 2009, 10:47 EDT
Some Arab and Turkmen officials protest Kurdistan Constitution

Members of Kurdistan Region Parliament vote on the Region's Constitution bill on June 24. GLOBE PHOTO/Safin Hamed

The Kurdish Globe

Several MPs call the Constitution "contrary" to Iraq's Constitution

Kurdish officials describe those who oppose the Kurdistan Constitution as chauvinists and say it is a dangerous precedent to set for the future of Iraq.

Fifty Arab Sunni and Shiite members of Iraqi Parliament signed a statement strongly rejecting the Kurdistan Region Constitution.

According to the MPs, the Kurdistan Region Constitution is absolutely contrary to the Iraqi Constitution since it gives more power to the region and controls the lands beyond the region's "border.»

According to the MPs, "The Kurdistan Constitution contains a lot of provocation for Iraqi neighbors who they see Kurdistan constitution is calling for building a greater Kurdistan."

The Kurdistan Region Parliament on Wednesday agreed with the majority of votes on the region's long-awaited Constitution, which includes disputed areas, including Kirkuk, as part of the region.

Kurdistan Region Parliament Speaker Adnan Mufti, who described voting on the Constitution as "a historical day,"announced that Parliament will work with the electoral commission to hold a public referendum on the Constitution along with the parliamentary and presidential elections on July 25.

The Kurdistan Constitution says that "the geographic boundary of the Kurdistan Region covers a number of towns and disputed areas in Mosul and Diyala provinces, in addition to Erbil, Suleimaniya, Kirkuk, and Duhok. But the political boundary of the region will be defined according to the implementation of Article 140 of the Iraqi Constitution, as Article 2 of the new Kurdistan Regional Constitution states.»

Kurds believe that Kirkuk and other disputed areas geographically are part of Kurdistan Region and Kurds are the majority in these areas. Arab members in Kirkuk's provincial council expressed their rejection of Kurdistan's Constitution concerning Kirkuk province.

In a statement, the Arab members called on the Iraqi government and Parliament to intervene in the issue. The Turkmen Front, which has strong ties with Turkey, has strongly rejected the Kurdistan Region Constitution since it says Kirkuk is part of Kurdistan Region.

The Turkmen Front proclaims that "the majority of the Kirkuk population is Turkmen.»

Kurdish MPs in Iraqi Parliament described those who oppose the Kurdistan Constitution as chauvinistic, and say that it is a dangerous move for the future of Iraq.

In a statement, a copy of which was received by The Kurdish Globe, the Kurdish MPs explained that there is no contradiction between the Kurdistan Region draft Constitution and the Iraqi Constitution.

"The Kurdistan Region Constitution expresses the will of the people in Kurdistan Region and the two main political parties [the Kurdistan Democratic Party, led by Massoud Barzani, and the Patriotic Union Kurdistan, led by Jalal Talabani]--they represent the majority of the people in Kurdistan,"said the Kurdish MPs.

Kurdish MPs criticized those MPs who rejected the Kurdistan draft Constitution, describing them as agents defending other countries rather than representing the Iraqi people.

Following is a list of some of the main articles in the Kurdistan draft Constitution:

The political system of Kurdistan Region is parliamentary, republican, and democratic, according to Article 1.

The geographic boundary of Kurdistan Region covers a number of towns and disputed areas in Mosul and Diyala provinces, in addition to Erbil, Sulaimaniya, Kirkuk, and Duhok. But the political boundary of the region will be defined according to the implementation of Article 140 of the Iraqi Constitution, states Article 2 of the new Kurdistan regional Constitution.

Article 6 acknowledges Islam is the main religion of the region, and the Islamic Sharia is the main source of lawmaking. There cannot be a law that is at odds with the unchangeable rules of Islam.

The Constitution also recognizes the full rights of the Christians, Yazidis, and other communities, and guarantees freedom of belief for everybody. However, the Constitution does not accept any law that is contrary to the principles of democracy.

The Constitution also permits Kurdistan Region to sign agreements with other countries or regions that will later be proposed to the federal government for approval. If the federal government does not approve them for some constitutional or legal reasons, the details of which are not defined, then they will not be implemented.

Kurdish and Arabic languages are the official languages in the region, while the Turkmen and Syriac languages will be considered official in areas where they are spoken by the majority of the residents.

According to the Constitution, everyone enjoys the right of protection. Any confession that is extracted under torture or threat will not be considered. No one can be arrested or jailed; their houses cannot be searched or watched without an arrest warrant.

Civilians cannot be tried in military courts, and illegal jails are forbidden.

Article 84 stipulates that forming special courts in Kurdistan Region is forbidden.

Independent media and bold journalism are allowed provided they don't offend religious sanctities and otherwise cause hurt or insult to others.

The right of establishing new parties, groups, and unions, plus the right to hold meetings and to stage protests is secured in the Constitution.

According to Articles 60-65 of the Constitution, the president of Kurdistan Region is the commander of the Peshmarga forces and is elected through universal suffrage. His term of office lasts four years, and he can run for a second term as well.

The president of Kurdistan Region has the following powers: proposing bills and decisions to parliament; issuing presidential decrees to disband Parliament in cases mentioned in the Constitution; declaring an extraordinary state or a state of emergency after consultation with the Parliament speaker and head of the ministerial council in case of war, invasion, rebellion, natural disasters, and the spread of epidemics.

The judicial power is independent. Judges and members of the prosecuting staff cannot hold membership in political parties.