Kurdistan Ownership Right in Managing Natural Resources

Kurdistan Regional Government (KRG) is in a severe dispute with Baghdad to achieve its ownership rights of oil and gas, Baghdad asks (KRG) to hand over the oil issue on one hand, (KRG) wants to stay that right safe and only deliver the revenue in another hand.
PM:07:05:21/12/2020
Also, article (121) of the constitution gives the right to the region to provide law and constitution.

Rebwar Mohamad
Writer & Researcher on oil issues

Kurdistan Regional Government (KRG) is in a severe dispute with Baghdad to achieve its ownership rights of oil and gas, Baghdad asks (KRG) to hand over the oil issue on one hand, (KRG) wants to stay that right safe and only deliver the revenue in another hand.

Despite the disputes, part of the political party and lawmakers in Baghdad know the truth (KRG) has the ownership right; each side deludes the public opinion for its benefits, decreases the constitutional and legal attitudes of Mr. (Qubad Talabani) and his team whom they struggle to defend on the only remaining card on the Kurd’s hand which is oil case.

The following paragraphs discuss the Kurds ownership rights of oil and gas in the framework of Iraqi constitutional rights, the United Nations and the federal governments how they give rights to the regions as:

First, (KRG) has oil and gas right in accord with the Iraqi constitutional right 2005: Article (111) of the Iraqi constitution says, Iraqi nations in the regions and provinces can possess oil and gas without variation. Moreover, article (112), the first section of the constitution emphasizes, the oil fields managed by the central, regions and provinces and the Iraqi parliament will enact a law, furthermore, providing oil for those regions that got damaged via the Baath regime. But Iraq deals with the Baath regime law no. 84 (1985) due to not giving the (KRG) rights.

According to the article (115) of the Iraqi constitution whenever a matter would happen between central and regions the priority goes to the region’s law if the matter doesn’t in the frame of the article (110), while oil and gas law does not belong to this article.

Also, article (121) of the constitution gives the right to the region to provide law and constitution.

Second, KRG rights according to the United Nations decisions:

Resolution (1803) of December (1964) provides "permanent sovereignty over the natural resources” we as Kurds have such a right to own gas and oil in the frame of this resolution, and other similar resolutions by the United Nations that achieved rights to the nations as ( 2158 of 1966, 2692 of 1970, 3016 of 1972 and 3171 of 1973.

Third, to be familiar with the region rights in the federal countries we illustrate three oil producers as a sample:

1-The USA: since the oil has found 72 years after writing the constitution, the power of the natural resources are not belonging to the government like oil and gas, oil and gas rights to a particular parcel, individuals, private companies and Indian tribes who are the authentic citizens in America. Oil and gas rights are owned by the surface of the landowner.

2-According to article (109) of the amended Canadian constitution in (1867) the ownership rights of the land and natural resources refer to the regions.

3-The UAE constitution (1971) article (23) utters, the natural resources and wealth in each emirate shall be considered the public property of that Emirate.

Ultimately, according to the Iraqi constitution and the mentioned countries, Kurdistan has such a right to own, produce, manage oil and gas; all the contracts are legal and constitutional. The rest relates to Baghdad and the Iraqi political parties. To conclude, submitting the oil case to Baghdad terminates the Kurdish political and economic status then Kurdish people all pay the price.



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