Article 140 of the 2005 Federal Constitution of Iraq requires the federal government of Iraq to organise a referendum in Kirkuk and in other territories that are subject to dispute between Baghdad and the Kurdistan Region of Iraq. The federal government was originally obliged to do so by 31 December 2007.
Successive governments in Baghdad have utterly failed to organise a referendum, either prior to 2007 or in the two decades since.
It now appears that Baghdad is prepared unilaterally to take oil and gas from territories that are legitimately claimed by the people of Kurdistan and are subject to Article 140.
Articles 110 and 115 give the Kurdistan Regional Government the exclusive right to manage new oil and gas fields. Article 112 requires Baghdad to manage pre-existing fields, such as those in and around Kirkuk, jointly with Kurdistan. Baghdad is also required to enter into revenue sharing arrangements with Kurdistan with respect to those pre-existing fields.
The Kurdistan Regional Government has always been ready to enter into these arrangements. Baghdad, however, has flouted these constitutional responsibilities. The federal government is attempting to sign oil and gas contracts without following the very clear requirements of the Constitution, including Articles 140 and 112.
The Kurdistan Regional Government will defend its constitutional rights in all available forums. We will enforce our laws. We will uphold the rights of the people of the Kurdistan Region, including the people of Kirkuk.
Kurdistan Regional Government
12 January 2025
Article 140 of the 2005 Federal Constitution of Iraq requires the federal government of Iraq to organise a referendum in Kirkuk and in other territories that are subject to dispute between Baghdad and the Kurdistan Region of Iraq. The federal government was originally obliged to do so by 31 December 2007.Successive governments in Baghdad have utterly failed to organise a refere …
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