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Kurdish Globe outlines parliament and government formation procedures

Observers: Kurdistan Succeeds in Democratic Election Process

Observers indicate that Kurdistan has succeeded in a democratic process such as the Kurdistan Parliament election, demonstrating significant experience in accepting democracy without tension or violence.

On October 30, 2024, Iraq’s Independent High Electoral Commission (IHEC) announced the final results of the voting process in Kurdistan, describing it as a successful endeavor. In the final voting results, the Kurdistan Democratic Party (KDP) emerged as Kurdistan’s leading force by securing 39 seats, enabling it to become the dominant power.

In this context, Nechirvan Barzani, President of the Kurdistan Region, participated in a panel titled “Kurdistan Region in a Turbulent Environment” on the sidelines of the MERI Forum.

The Kurdistan Region President stated regarding the Kurdistan Parliament election, “The election was an important matter for the Kurdistan Region because it legitimized the source of the region’s authority. The delay in the elections was very detrimental to the region.”

He indicated that “the great winner in this election was the people of the Kurdistan Region. The democratic process in Kurdistan is developing well and on the right track, and through this process, the Kurdish people proved they deserve everything that can be done for them.” Kurdistan Region President Nechirvan Barzani said, “It is appropriate to congratulate all Kurdish people for participating in this election; by all measures, this election was very successful.”

In this regard, Nazim Harki, a member of the KDP Central Committee, told The Kurdish Globe: “For forming the tenth cabinet of the regional government, the KDP has no veto against any party for negotiations, and its door is open to all parties. Masrour Barzani will be designated as the Prime Minister of the tenth Kurdistan Regional Government (KRG) cabinet, and whoever is ready to commit to the KDP’s program and the designated prime minister will be negotiated with and included in government formation.”

He also stated, “The KDP has established two principles for negotiations. First: Those parties participating in the government must know that the next phase must have one government and one Peshmerga force, and any party participating must believe in this principle. Second: Any participating party must join according to their vote and seat size, as election results are the basis for government participation, and no party can be given more than what they The have earned.”

In this regard, Hawar Mohammed, an election and constitutional expert, told Kurdish Globe: “After the approval and announcement of final election results by the High Electoral Commission and the Kurdistan Region’s High Judicial Council, the legal procedures for conducting the first Kurdistan Parliament session, electing the Parliament Presidency Council, Regional President, and forming the new regional government cabinet will be as follows: According to Section (Third) of Article (Ten) in the Kurdistan Region Presidency Law No. (1) of 2005 as amended, Article (Forty-six) of Kurdistan Parliament Election Law No. (1) of 1992 as amended, and Article (Third) of the Kurdistan Parliament’s Internal Rules: Within ten days after announcing the final results of the sixth Kurdistan Parliament election, the Regional President shall, by regional decree, summon Parliament for the first session of the election term. If the summons is not issued within this period, the Kurdistan Parliament shall convene at 12 noon on the tenth day of the deadline.”

He also explained: “If within 45 days after the Regional President’s summons for the first session of the Kurdistan Parliament, the legal quorum for the parliament meeting is not secured, Kurdistan Regional President, based on Article 10, Section Four of the Kurdistan Region Presidency Law, shall dissolve the Kurdistan Parliament by decree.”

He added: “According to Article (Forty-seven) of the Parliament Election Law and Article (Eleven) of the Parliament’s Internal Rules: The oldest elected candidate present, who for this term is (Mohammed Sulaiman Mohammed) from the New Generation Movement, will chair the first session where elected candidates take the legal oath, after being invited by the Head of the Kurdistan Parliament Presidency Office.”

The expert also noted: “According to Article (Four) of the Law on Reactivating the Kurdistan Region Presidency Institution and Amending the Regional President Election Method Until Constitution Approval, Law No. (1) of 2019 regarding Regional President election, the Kurdistan Parliament shall, within thirty days after electing the Parliament Presidency Council, open nominations for Regional President. Candidates shall submit their applications and CVs to the Parliament Presidency Council within three days of opening nominations, and within two days of closing nominations, it shall announce the names of candidates meeting legal requirements. The Regional President shall be elected by an absolute majority of Parliament members in open voting. If no candidate receives an absolute majority, voting shall be repeated between the two candidates receiving the most votes, and whoever wins the majority in the second round becomes the Regional President.” Hawar Mohammed also explained that after the election of the Regional President, according to Section Three of Article (56) in the Kurdistan Parliament Election Law No. (1) of 1992 as amended: Parliament shall designate the largest bloc to nominate the Prime Minister. According to Section (12) of Article (10) in the Regional Presidency Law: After Parliament nominates a Prime Minister, the Regional President shall ask them to form a cabinet; the provided period must not exceed thirty days. Then the Kurdistan Parliament gives confidence by a simple majority (50+1) of Parliament members. He added that if the Parliament fails to give confidence to three different consecutive ministerial formations, the Kurdistan Parliament shall be dissolved.

The Kurdish Globe

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