ERBIL, Kurdistan Region - The Kurdistan Regional Government (KRG) on Sunday accused the federal government of violating constitutional provisions by attempting to unilaterally sell oil and gas resources in the disputed territories. “The Iraqi government is preparing to unilaterally take the oil and gas from these areas, while the Kurdish people are asking for the legitimate rights of these areas within the framework of Article 140,” read a statement early Monday. Article 140 outlines steps to resolve disputes over areas claimed by both the federal and regional governments, including the oil-rich Kirkuk province. Successive Iraqi administrations have failed to fully implement the article. The statement detailed that, under Articles 110 and 115 of the Iraqi constitution, the Kurdish government has “absolute and unilateral rights” to manage newly discovered oil and gas fields. Article 110 specifies the exclusive powers of the federal government, which do not include the management of oil and gas resources. Article 115 states that powers not mentioned in Article 110 “belong to the authorities of the regions and governorates.” The KRG also referenced Article 112 of the constitution explaining that oil and gas fields discovered before 2005 in Kirkuk and surrounding disputed areas must be jointly managed by both governments, adding that Baghdad is obligated to make agreements with the KRG regarding sharing revenues from those fields. Article 112 stipulates that the federal government "shall undertake the management of oil and gas extracted from present fields, provided that it distributes its revenues in a fair manner in proportion to the population distribution in all parts of the country." It also adds that "the federal government, with the producing regional and governorate governments, shall together formulate the necessary strategic policies to develop the oil and gas wealth in a way that achieves the highest benefit to the Iraqi people using the most advanced techniques of the market principles and encouraging investment." “The federal government is now trying to sign oil and gas contracts without taking into account the provisions of the constitution in general and Articles 140 and 112 in particular,” read the statement. “The KRG has always been willing to participate in these agreements, but the federal government has consistently evaded its constitutional responsibilities,” the statement continued, adding that the regional government reserves the right to defend its constitutional rights “through all various available means” to protect the rights of the people of Kirkuk and the Kurdistan Region. This statement is released at a time when the ongoing disputes between Erbil and Baghdad over the Kurdish region's share in the federal budget remain unresolved. On Sunday, Iraq’s ruling State Administration Coalition members, including top Kurdish leaders, met in Baghdad where they discussed key issues, including the unresolved salary payments to KRG’s civil servants. On Saturday, Kurdistan Region Prime Minister Masrour Barzani accused the federal government of reducing longstanding Erbil-Baghdad disputes to the payment of salaries, highlighting that issues of the disputed territories as well as a lack of compensation for the victims of the former Iraqi regime remain neglected.
