Expert confirms Kirkuk Provincial Council's loss of "legitimacy"

Expert confirms Kirkuk Provincial Council's loss of "legitimacy"

Shafaq News / Legal expert Ahmed Al-Abadi revealed the violations resulting from the failure to hold a session of Kirkuk Provincial Council so far, affirming that the House of Representatives has the legal right to intervene and dissolve the provincial council.

Meanwhile, the council's Eldest Member Parwin Fateh responded, stating that the first session was held legally.

Al-Abadi told Shafaq News Agency, "The failure to hold the first session of Kirkuk Provincial Council resulted in several violations, notably, the members' non-compliance with the provisions of Article (7) / First of Law No. 21 of 2008 concerning Unorganized Governorates, as amended, due to their failure to convene the first session chaired by the eldest member, despite the governor's invitation on 5/2/2024, meaning the council's delay in convening for a full month."

He added, "This serious development of not holding the session so far leads to the obstruction of electing the council's president and deputies, as well as obstructing the implementation of Articles (7) paragraphs (1) and (2) of the Law on Unorganized Governorates, which includes electing the governor and his deputies by an absolute majority of the council's members."

Al-Abadi further explained, "The members of Kirkuk Provincial Council are now subject to the provisions of Article 20 / Second, which grants the House of Representatives the right to dissolve the provincial council if it commits any of the cases involving serious misconduct in its duties, violation of the constitution and laws, or losing a third of its membership conditions, as the dissolution of the council has become necessary due to the application of two conditions mentioned above."

He continued, "The voters of Kirkuk now have the right to file lawsuits against the new council members due to their failure to fulfill their duties for which they were elected (as stated in their election programs), namely, serving the interests of the governorates and providing the necessary services."

Meanwhile, Kirkuk Provincial Council's eldest member Parwin Fateh responded to the legitimacy issue of the council, stating that "the council is not devoid of legitimacy and that the first session was attended by Kurdish members and the Christian council member."

Fateh told Shafaq News Agency, "Kirkuk Provincial Council convened according to the invitation issued by the acting governor on Feb. 5, and the Kurdish members attended along with the Christian council member, while the Arabs and Turkmen boycotted the session."

She pointed out that "the first session did not take place after the boycott of the Arabs and Turkmen, but we recorded the attendance of the members who were present, and we hope to resolve the disputes between the blocs to form the council and share powers between the blocs, as Kirkuk needs balance and consensus at this stage."

Noteworthy, Kirkuk held its first elections since 2005 on December 18, 2023. The Kurds won seven seats, divided into five seats for the Patriotic Union of Kurdistan (PUK), two for the Kurdistan Democratic Party (KDP), and one for the quota (Babylon), making a total of eight seats.

In contrast, the Arabs won six seats, distributed as follows: three seats for the Arab Alliance, two for the Leadership Alliance, and one for Al-Ourouba Alliance, while the United Iraqi Turkmen Front won two seats.

The electoral scene in Kirkuk reflects equality in the number of seats between Kurds, Arabs, and Turkmen (8-8), which has led to the inability of any party to form the local government.

Federal Prime Minister Mohammed Shia Al-Sudani sponsored a meeting for the winning political forces in Kirkuk Provincial Council elections, announcing a "principled agreement" to form the local government in the governorate.

The participants announced the formation of the "Kirkuk Administration Coalition" comprising all the winning forces in the Provincial Council, chaired by the Prime Minister until the constitutional procedures are implemented to form the local government.

They also agreed on the program and internal system of the coalition.

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