Statement on the Federal Supreme Court Decision concerning Kurdistan Referendum

In its decision, the Federal Supreme Court confirmed that the referendum conducted in Kurdistan on 25 September 2017, and the purpose for which it was conducted, the independence of the Kurdistan Region of Iraq (KR-I) and other areas outside of it, has no constitutional reference and violates its provisions. Accordingly, the FSC decided that the referendum was unconstitutional and all of its results and effects shall be cancelled.

UNAMI urges the authorities of the KR-I to acknowledge and respect this ruling of the Federal Supreme Court and the Constitution.

UNAMI also takes note of the statement of Prime Minister Abadi, welcoming the ruling and calling on all to respect the Constitution.

UNAMI urges the Federal Government and the Kurdistan Regional Government to start negotiations without delay, based on the Constitution, on all current issues between the two Governments. This should include measures that will allow the establishment of federal authority over the external border crossings of Iraq located in the KR-I; and the early re-opening of the international airports in Erbil and Suleimaniya to international flights. Agreement is also needed with regard to the appropriate share for the KR-I in the federal budget, the payment of salaries and management of oil exports.

UNAMI also urges that all Members of Parliament from the KR-I be allowed immediately to return to the Council of Representatives, to take part in its proceedings and enable their full participation in its deliberations, including on such important matters as the budget law.

At the same time, UNAMI encourages continuation of the high-level intergovernmental co-ordination mechanisms on military and security issues, to avoid the possibility of further violence and confrontation. UNAMI reaffirms its opposition to the threat of use of force, inflammatory statements or confrontational actions, especially at this time when the issue of the referendum has found its resolution, based on full respect for the Constitution.

UNAMI commends the pivotal role played in this respect by the Federal Supreme Court.