According to Al-Madina News, the Federal Supreme Court of Iraq ruled that the Electoral and Referendum Commission in the Kurdistan region was unconstitutional, emphasising that “having an independent organisation to supervise the country’s electoral process is the most vital approach to achieve democracy.
The Independent High Commission for Elections and Referendum in the Kurdistan Region was given exclusive authority under Article (Second / First) of Law No. (4) of 2014, which the court ruled violated Articles (20 and 102) of the Constitution of the Republic of Iraq for the year 2005, according to a statement from the court obtained by the Iraqi News Agency.
She cited “the violation’s violation of the independence of the Independent High Electoral Commission, which renders it unlawful” as the cause.
“An independent agency should be formed to supervise the voting process and prevent interference from state authorities or party blocs, she stated, in order to achieve democracy.
“She emphasised that “that body loses its impartiality and independence” when it refers to the political parties taking part in the political process.
The court further stated that “The right to vote, to vote and run for office are among the rights protected by the constitution, according to the principles of the decision made by the Federal Court in No. (156 and its unified 160 / Federal / 2022).
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All authorities, she continued, “must offer the essential instruments to ensure that citizens enjoy them.” “Without this, the voting process loses its democratic value, which is a constitutional infringement.
The elections for the sixth session of Parliament were scheduled to take place in the Kurdistan region on November 1 but were postponed due to significant disagreements between the parties on the electoral law and the electoral districts.
In accordance with the Kurdistan Front’s resolution to establish the “Kurdistan National Council” at the time, the region’s first elections were held in May 1992 for Parliament to take over the legislative duties.
The Kurdistan region in northern Iraq has experienced autonomy since the 1990s in the security, political and economic aspects.
On September 25, 2017, a referendum on the Kurdistan region’s separation from Iraq was held. According to the referendum results, 93 percent of voters approved the move, and 72.6% of the region’s population participated. However, the federal government of Iraq rejected the findings.
Some Kurdish parties in the Kurdistan region, most notably the ruling Kurdistan Democratic Party in Erbil, continue to support the referendum’s outcomes and view them as an official record that can be referred to at any time, despite the fact that the results were rejected by the federal government of Iraq.
The vote sparked a dispute between the autonomous Kurdistan region and the Iraqi federal government, which prompted Baghdad to impose an aviation embargo on the region and halt all foreign travel to and from Erbil and Sulaymaniyah airports.
While the Kurdistan government denounced the federal government’s actions and the region’s parliament urged the international community to respect the Kurdistan people’s decision, the Iraqi government emphasised its rejection of the referendum results and started taking action to control the border crossings in the region in coordination with Iran and Turkey.
Arabic21.
ruling in Iraq notwithstanding the Kurdistan Elections Commission’s “inconstitutionality”
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