Official: Iraqi court decision against hoisting Kurdistan flag in Kirkuk unconstitutional

ERBIL, Kurdistan Region (Kurdistan 24) – The Acting Head of the Kirkuk Provincial Council rejected the decision by the Iraqi Administrative Court that the Kurdistan flag over the Kirkuk’s governmental buildings be lowered.

The Iraqi Administrative Court on Thursday repealed the decision made by Kirkuk Provincial Council to raise the Kurdistan flag alongside the Iraqi flag over official state buildings of the Kirkuk governorate.

The Administrative Court based its decision on the Transitional Administrative Law (TAL) for the Transitional Period in 2004, which was eventually replaced by the Constitution in 2005 with the approval of 80 percent of the people of Iraq.

The ruling stated that “hoisting the Kurdistan flag in Kirkuk” violated TAL’s laws.

Rebwar Talabani, the Acting Head of the Kirkuk Provincial Council, in a press conference in Kirkuk, rejected the court's decree, stating that it was “politically motivated and unconstitutional.”

“Those who filed a lawsuit against the raising of the Kurdistan flag in Kirkuk do not represent any of Kirkuk’s constituents,” Talabani added. “The court’s decision has neither legal nor constitutional backing.”

He stated that with the support of Kirkuk’s communities, they would take “all possible measures” to reverse the court's ruling and that the Kirkuk Provincial Council would issue a response after its next session on Tuesday.

Talabani added that the Baath and Saddam Hussein regime, during their 35 year-rule, could not separate Kirkuk from Kurdistan.

“The [Kurdistan] flag, Kirkuk, and the Peshmerga are Kurdistani and will not be separated from Kurdistan,” he concluded.

On March 28, the Kirkuk Provincial Council approved the hoisting of the Kurdistan flag on all governmental buildings in the province following a majority vote.

Editing by G.H. Renaud