On the issue of Kurdistan Region Presidency, Political and Strategic Research Center of Salahaddin University in the college of law and political sciences publishes a general opinion statement with the presence of Dr. Ahmed Anwer Dezaye “the president of Salahaddin University” and the dean and lecturers of the college: It’s known by everyone that the political process in Kurdistan region faces a hard and threatening state; the war against terror and terrorists is widening its wings on the life of the community, besides the economic crisis of the area for a while ago and until now. In addition to this situation, there is a strong debate between the political parts on the case of the region presidency.
This needs a subjective and scientific clarification. Probably if we don’t adhere to these agreements, this might lead to political problems and crisis that can take the political situation in Kurdistan to a dangerous point and lead to a dangerous crisis that leads to unrequested consequences on the position of governing authority and all the national achievement.
We felt responsible to submit an academic study and clarification about this subject as part of our academic and scientific responsibility and we thought we should express our opinion about this significant national issue.
This needs a participation in such a situation, as an academic organization, on Thursday 13th Aug 2015, in the political and strategic research center in the college of law and political sciences/salahaddin university, a scientific meeting has been arranged for a number of well-known lecturers in both law and political sciences specialties for discussing the issue of region presidency.
As a result of the political and lawful discussion, the following four points have been concluded:
1. Regarding the subject of the vacancy of region presidency post as mentioned in the law no. 1/ article 15/16, of regional presidency, it became obvious to us that finishing the period of regional presidency will not lead to a state of vacancy as law makers linked the vacancy to some specific situations and they focused on some unusual conditions that can face the president himself, as a result this will become an obstacle for continuity in his job. This fact is a support for legal and constitutional customs that proves that president should continue his job until another election will be performed. The most important constitutional article that supports this view is article 64/ paragraph 3-4 in Kurdistan region constitution project dated 2009. Also article 72/paragraph 2 that is specific for the republic president in Iraqi constitution dated 2005.
2. No party is allowed to impose their own specific explanation about article 15/16 in regional presidency law, but this is a duty of legal institutions or those parties who wrote these laws, which is Kurdistan, who can hold a meeting about this subject and issue a law about the controversial issue. The parliament can decide by majority what did they mean and whether the case of ending the period of presidency can be extended or not , because in the same way the parliament can issue a law, also in the same way they can change the law.
3. It is a must that the duty and authority should remain the same after finishing the period of the regional presidency after 20th Aug, as from the practical point of view, the situation in Kurdistan is very sensitive and war against ISIS and terrorism dominating in Kurdistan. This request that the president of Kurdistan region should remain in his position with the same authority after this date.
4. In a particular situations like we see in Kurdistan imposing a particular opinion will lead to a bad unexpected political consequences and result in more crisis, for this reason the best solution in this situation for all parties to come together and come to an agreement and harmony about these issues as the current Kurdistan regional cabinet and the frame of Kurdistan parliament were formed depending on the principle of harmony and agreement. As the importance of regional presidency is not less important than government and parliament, for this reason harmony and agreement is a legitimate solution for this issue. Any other attempt outside the above principle is an exit from the legitimate principles on which the political system has been established.