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http://www.soran.edu.iq/en/news/general-news/935-constitution-is-part-of-the-current-issue.html
Recently, topics like oil contracts and the exportation of oil by the KRG(Kurdistan Regional Government) have been key issues between the KRG and the central government of Iraq and have stayed still (without any solution). To discuss various perspectives on this crisis, we have managed an interview with Mr. Hidayat Faysal, an expert professor in oil and gas law.

Is the Erbil-Baghdad issue a political or legal issue?, How much are the KRG's steps regarding oil and gas constitutional? In response to these questions, Mr. Hidayat said: "The issue is both political and legal. Those who said that the contracts were unconstitutional, now say that they are constitutional and they are even ready to pay the expenses of the oil companies but with the condition that only they (Iraqi government)should sell the oil. So the constitution is involved in this issue too because it does not talk about this topic clearly".

Concerning the legality of the contracts, he said: "I believe the KRG's steps are both legal and constitutional in discovering oil and gas because in 2005 the Iraqi constitution gave the Kurds this right, the Article 111 quotes 'Oil and gas are the property of all Iraqis.' Also the Article 2 and in the first chapter it quotes 'The central government manages the production of oil and gas with its regions or provinces.' Here it only talks about the fields that were discovered before writing the constitution and the constitution was written in 2005, so it does not talk about the fields that were discovered after 2005. According to these two articles, regions and provinces owe those fields that were discovered after 2005.''

Regarding the KRG's steps in the future, Mr. Hidayat stated: "KRG's step in oil and gas is to create an independent economy so as to get rid of subordination and those annual sanctions that Baghdad imposes on it. If Kurdish state is formed, this step is very important because to be a state you need an independent economy. Oil and gas have also made job vacancies for the citizens and due to oil the KRG has been able to form a strong relationship with Turkey.

This expert says that the KRG should have created an economic independency because Baghdad has not been able to do so for the KRG. But regarding oil sale, he believes that "the KRG should have not exported its oil before the election but after the election, this is to use it as a pressure card against those whom it discusses the formation of the Iraqi government. The policy that the KRG is using is one that is used by the developing countries and this is convenient

oga:
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