Can Article 140 be applied at the present time? A legal expert explains
Can Article 140 be applied at the present time? A legal expert explains
1-13-2023
Information / Baghdad..
On Friday, legal expert Ali Al-Tamimi explained the measures to be taken by the government and the legislative authority in order to solve the problem of Article 140 and the disputed areas.
Al-Tamimi said in an interview with Al-Maalouma, “The Federal Court, in its decision No. 71 of 2019, affirmed the survival of Article 140 of the constitution and the need to apply it as the constitution stipulates normalization, referendum, and determination of the will of the voters, which the article required to implement at the end of 2007.”
He added, “Normalization is the return of the deportees, the choice of the arrivals, and the compensation of those affected. The compensation has been estimated at 3 billion dollars. As for drawing the borders, it is a very important matter. It is necessary to define the areas covered by this article, whether in Mosul or Kirkuk, and whether it applies to parts of it or all of it, and does it depend on the borders of 1968, which This shall be determined by a decision of the Council of Ministers.
And he indicated, “The census is also important because it determines the people who are entitled to vote, and what census will be adopted, is it what was adopted in the elections, and it needs a precise determination by parliament by law.”
He pointed out that “determining the will of the voters is not clear to the residents of the disputed areas, so does it mean that they join the Kurdistan region or to the federal government, or that they be an independent region that was not separated by the constitution or the method of joint administration?”
And he stressed the need for parliament to legislate a special law to solve and clarify all these problems, and at the same time there is no justification for the supervision of the United Nations or UNIFIL peacekeeping forces because this issue is specific to Iraq and can be resolved by constitutional means.
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