Jurist scholars talking about the Constitution of the Kurdistan Region

Professors Ibrahim Darwish and Ayman Salama: As a general rule, the return of the draft constitution of the Kurdistan Region to the parliament is not possible as it conflicts with legal bases

Regarding the stimulating discussions broken out by the opposition parties about the project of the constitution in Kurdistan Region, Gulan has transparently addressed the question to two jurist scholars in the University of Cairo: Ibrahim Darwish, a professor of constitutional jurisprudence and Ayman Salama, professor of international law, through our correspondent Dr. Asma Al-Husseini.

We have in Iraqi Kurdistan Region a problem regarding constitution. In 2006, Kurdistan parliament had made a committee for revising the project of the constitution that had been formulated in 2002. The committee had finished its job and introduced the project to the parliament. The project had been approved in the parliament by the overwhelming majority of the MPs—96 of the MPs voted for it except one, and 14 MPs did not attend the session. The parliament sent it to the president of the region to be approved and put it to a referendum. July 25 of 2009 had been set for conducting a referendum on it, but because of technical problems, the High electoral committee could not conduct the referendum. As a result it was delayed and not set until now.

Recently, Kurdistan Region's president has asked to put the project to a referendum soon. Yet, the opposition parties have had different views and they want to return it to the parliament for amendments. The question is, is it possible in this regard to return the constitution to the parliament?

The project of the constitution cannot be returned to parliament for amendments and discussions after it has been approved by the overwhelming majority because it is the right of the people of Kurdistan and cannot be denied. In this respect, Ibrahim Darwish, a professor of constitutional jurisprudence states that since parliament approved the constitution, it should put to a referendum. If it is not, then it is against the legal bases as a general rule. Yet, in the condition of political consensus about an issue, which is against this general rule, it is possible.

In addition, Ayman Salama, professor of international law states that it is not possible to return the constitution to the parliament after approving and discussions. However, since the content of the constitution is not at odds with the content of international agreements of human rights, it cannot be returned to the parliament. Only in one condition the constitution can be returned to the parliament: if its content is at odds with the universal declaration of human rights. Then the local laws set the time of the referendum so that the people take their votes and everyone should obey it.