Iraqi and Kurdish officials clash over legality of Kurdistan referendum

ERBIL, Kurdistan Region (Kurdistan 24) – Iraqi and Kurdish officials are at odds over the legality of the Kurdistan Region’s upcoming independence referendum scheduled for Sep. 25 within the framework of the Iraqi Constitution.

In an interview on the sidelines of the UN General Assembly on Tuesday in New York, head of the Kurdistan Region's (KRG) Department of Foreign Relations Falah Mustafa said the judicial system in Iraq isn’t designed to uphold laws, but rather is used for political means.

“We don’t have the feeling that there is a judiciary system in this country that’s functioning in order to protect law, order and also rights,” Mustafa said according to the Wall Street Journal.

Addressing the recent ruling from Iraq’s Supreme Court ordering the suspension of the referendum, Mustafa said the verdict had no weight.

“This decision in no way will affect the region of Kurdistan, the feelings of the people of Kurdistan or the leadership,” he clarified.

On Wednesday, Vice President Nuri al-Maliki was the latest Iraqi politician to reject a Kurdish-led and UN-backed initiative at dialogue between the Federal Government of Iraq and the KRG.

In a statement released on Maliki’s official Facebook page, he said the initiative which was presented by Iraqi President Fuad Masum contained sections which are “unconstitutional,” including the setting of a deadline for negotiations between Erbil and Baghdad.

“We categorically reject the internationalization of the referendum crisis and the attempt to abolish the national role,” Maliki said.

“We refuse to hold the referendum in Kurdistan and the disputed areas, and we reject its results and the consequences thereof, as a subject contrary to the articles of the Constitution,” he added.

Top Kurdish officials have insisted on holding the vote on time despite pressure from Baghdad, neighboring countries, and the US-led western camp to postpone the referendum.

Mustafa reiterated the results would not lead to independence the day after the referendum but rather provide the Kurdistan Region’s leadership with a popular mandate to divorce from Iraq peacefully.

“To delay the referendum, we need a clear statement about the right to self-determination and the right of our nation to be independent in the future,” he said.

The President of the Kurdistan Region Masoud Barzani on Tuesday said Kurdish officials made all possible attempts to become partners in Iraq to no avail.

“If we cannot become good partners within Iraq, then let us be great neighbors,” the President stated, pointing to the experiences with Baghdad in the past which failed.

President Barzani previously explained the Kurds had warned Baghdad many times that continued violation of the constitution and partnership principles would encourage Kurdistan to seek independence. 

“If we receive an alternative in the coming days by the international community that guarantees Kurdistan’s independence, we will postpone the referendum and celebrate on Sep. 25,” he stated. “And, if we do not receive it, we will proceed with holding the referendum.”

“The peaceful and democratic referendum of the Kurdistan Region does not violate international law. The people of the Kurdistan Region have the right to decide on their future,” President Barzani concluded.

Both President Barzani and Iraqi Prime Minister Haider al-Abadi have stated the door for negotiations and dialogue would never be closed between Erbil and Baghdad to resolve their disputes peacefully.

Editing by Karzan Sulaivany