Oppositions Packages
“The Change Movement, the Kurdistan Islamic Union and the Kurdistan Islamic Group”
For radical reforms in the Kurdistan region
Chronology:
Following a chain of demonstrations and violence in the Kurdistan region of Iraq between 17 February 2011 and 19 April 2011 - this ended by the security forces and ruling parties private army - using a harsh crackdown.Therepresentatives of demonstrators, Parliament and Regional President presented several projects and recommendations in order to find a solution to the crisis and implement radical reforms. All three opposition parties prepared a different project that consisted of six packages, aimed at radical reforms in the Kurdistan region.
Based on those packages, all three opposition parties (The Change Movement, the Kurdistan Islamic Union and the Kurdistan Islamic Group),began talks with the ruling parties,(The Patriotic Union of Kurdistan and the Kurdistan Democratic Party),on 4 June 2011 until 27 June 2011. Along with those six packages, oppositions demanded while talks on-going and in order to resolve the crisis, the ruling partiesmust,(stop arbitrary arrests, bringing justice to the victims of state brutality, introduce measures to compensate the victims of 17 February 2011 and thereafter, and put an end to the pressure on the independent media).These demands were based on(points 1, 3, 4, 11 and 14 of the Parliaments 17 points decision), and(point 6 of protesters demands at the Azadi Square).
On the 16 August 2011, all three opposition parties issued a joint press release, asking the Kurdistan Regional President to lay the foundation for progression by (stopping the arbitrary arrests, bringing justice to the victims of state brutality, introduce measures to compensate the victims of 17 February 2011 and thereafter, and put an end to the pressure on the independent media).
As a direct result of ignoring oppositions demands, the talks with the ruling parties have been halted.
The packages:
I. Radical reform in the Kurdistan regions political system which consists of the following: (Kurdistan constitution, parliaments internal rules, Kurdistan region elections law, demonstrations law, regions provincial law and cities and towns councils election law). These are based on (point 16 of parliaments 17 points decision), (point 19 of presidents speech for Newroz), (points 1, 7 and 16 of protesters demands at the Azadi square), and (points 1, 2, 5, 6, and 18 of the oppositions 22 points project).
II. Peshmerga forces, Security forces and Intelligence agencies to be made independent. This is based on (point 6 of parliaments 17 points decision), (point 12 of presidents speech for Newroz), (point 10 of preliminary demands of protesters at the Azadi square and point 5 of their permanent demands), and (points 7, 8, 9, 13, 15, and 19 of the oppositions 22 points project).
III. Complete independence and stimulation of judiciary system, reform in judiciary council, independence and stimulation of prosecution service. These are based on (point 6 of presidents speech for Newroz), point 2 of protesters permanent demands at the Azadi square), and (point 10 and 11 of the oppositions 22 points project).
IV. Tackling corruption head-on, by forming an independent and active committee; transparency in revenues and expeditureof the region. These are based on (points 4, 5, 7, 9, and 16 of presidents speech for Newroz), (point 8, 9, 10, 11, 13, and 19 of protesters permanent demands at the Azadi square), and (points 3, 4, 12, 17, and 20 of the oppositions 22 points project).
V. Conduct administrative reforms at the ministry of education. This is based on (points 2 and 14 of the oppositions 22 point project).
VI. Forming a government, that is capable of implementing these reforms. This is based on (point 1 of presidents speech for Newroz), and (point 22 of the oppositions 22 points project).
The Ministry of Peshmerga
I. The Peshmerga and political affiliation:
1.1 Banning all political activities among the ministry of Peshmerga institutions and units.
1.2 The closure of all political organisations offices, regardless of whatever names they might come under, among the ministry of Peshmerga institutions and units.
1.3 Under no circumstance, should party membership fees be deducted from Peshmerga or staff salaries at the ministry of Peshmerga.
2: All those who are affected by the implementation of this decision will be entitled to one of the following:
2.1 Continue receiving their salaries until they find employment.
2.2 Offered retirement.
2.3 Offered suitable jobs within the ministry of Peshmerga or elsewhere.
2.4 Violators must face the following punishments:
• Imprisonment
• Fines
II. The Peshmerga and recommendations:
1. During the recruitment processes and promotions of the Peshmerga forces, military colleges and courses, and administrative or military posts, no political involvements/political recommendations shall be made by any means to influence decisions.
2. Violators must face the following punishments:
• Imprisonment
• Fines
III. The Peshmerga forces and duties:
The existence of private or party militia outside of the ministry of Peshmerga, regardless of whatever names or purposes they might come under is prohibited.
Whoever carries the title of Peshmerga, must be supervised by the ministry of Peshmerga, s/he receives salary from the ministry and follows orders only by his/her superior at the ministry of Peshmerga.
1. During normal circumstances: deployment of forces up to regiment size shall be ordered by the Minister of Peshmerga, deployment of brigades and divisions shall be ordered by the Prime Minister.
2. During abnormal circumstances: deployments of the forces shall be ordered by the Prime Minister and two third of Parliament.
3. Violators must face the following punishments:
• Imprisonment
• Fines
IV. The Peshmerga and political conflicts:
1. Involvement of Peshmerga in political activities: The use of Peshmerga during political campaigns, to put pressure on a political party, particularly during political confrontations, to suppress peaceful protests by the unions or general public is prohibited.
2. Members of the Peshmerga forces are entitled to vote freely for their party of choice during all elections.
3. Violators must face the following punishments:
• Imprisonment
• Fines
V. The Peshmerga and the executive power:
1. Using of the ministerial and/or its commanders powers to search and detain military personnel or civilians, without the prior knowledge and orders of the judicial powers is prohibited.
2. Violators must face the following punishments:
• Imprisonment
• Fines
VI. The Peshmerga and the judiciary:
1. Using of the ministerial and/or its commanders powers to search and arrest, without the prior knowledge and orders of the judicial powers is prohibited.
2. Violators must face the following punishments:
• Imprisonment
• Fine
The Security Forces
I. The security force and political affiliation:
1.1 Banning all political activities among the security departments.
1.2 The closure of all political organisations offices, regardless of whatever names they might come under, among the security departments.
1.3 Under no circumstances, should party membership fees be deducted from the security officers or staff salaries.
2: All those who are affected by the implementation of this decision will be entitled to one of the following:
2.5 Continue receiving their salaries until they find employment.
2.6 Offered retirement.
2.7 Offered suitable jobs within the ministry of interior or elsewhere.
2.8 Violators must face the following punishments:
• Imprisonment
• Fines
II. The security and recommendations:
1. During the recruitment processes and promotions of the security officers, security academy and courses, and/or administrative or security posts, no political involvements/political recommendations shall be made by any means to influence decisions.
2. Violators must face the following punishments:
• Imprisonment
• Fines
III. The security forces and duties:
1. The existence of private or party security units outside of the ministry of interior security forces, regardless of whatever names or purposes they might come under, is prohibited.
2. Whoever carries the title of security officer, must be supervised by the ministry of interior, s/he receives salary from the security departments and follows orders only by his/her superior at the security departments.
3. Violators must face the following punishments:
• Imprisonment
• Fines
IV. The security forces and political conflicts:
1. Involvement of security forces in political activities: The use of security forces during political campaigns, to put pressure on a political party, particularly during political confrontations, to suppress peaceful protests by the unions or general public is prohibited.
2. Members of the security forces are entitled to vote freely for their party of choice during all elections.
3. Violators must face the following punishments:
• Imprisonment
• Fines
V. The security and the executive power:
3. The security departments and/or its security officers only have the right to collect intelligence and have no power to arrest or investigate crimes.
4. Using of the security departments and/or its commanders powers to search and arrest military personnel or civilians, including searching properties is prohibited.
5. Violators must face the following punishments:
• Imprisonment
• Fines
VI. The security and the judiciary power:
3. Using of the security department and/or its commanders powers to order search and arrest, military personnel or civilians is prohibited.
4. Violators must face the following punishments:
• Imprisonment
• Fine
VII. The security and the public code:
Obtaining information about private life of any member of the public in any way or under any names, such as ‘security code is prohibited. Requesting members of the public to fill in information code is against the law, should the security continue using this method as an organisation or in individual capacity, shall face legal prosecution.
The Police
VIII. The police and political affiliation:
1.4 Banning all political activities among the ministry of interior.
1.5 The closure of all political organisations offices, regardless of whatever names they might come under, among the ministry of interior departments.
1.6 Under no circumstances, should party membership fees be deducted from the police officers or staff salaries.
2: All those who are affected by the implementation of this decision will be entitled to one of the following:
2.9 Continue receiving their salaries until they find employment.
2.10 Offered retirement.
2.11 Offered suitable jobs within the ministry of interior or elsewhere.
2.12 Violators must face the following punishments:
• Imprisonment
• Fines
IX. The police and recommendations:
3. During the recruitment processes and promotions of the police officers, police academy and detective courses, and/or administrative or police posts, no political involvements/political recommendations shall be made by any means to influence decisions. In order to provide equal opportunities, advertise vacancies in the media.
4. Violators must face the following punishments:
• Imprisonment
• Fines
X. The police and duties:
4. The existence of private or party police units outside of the ministry of interior police forces, regardless of whatever names or purposes they might come under, is prohibited.
5. Whoever carries the title of police officer, must be supervised by the ministry of interior, s/he receives salary from the ministry of interior and follows orders only by his/her superior at the police departments.
6. Violators must face the following punishments:
• Imprisonment
• Fines
XI. The police and political conflicts:
4. Involvement of police in political activities: The use of police during political campaigns, to put pressure on a political party, particularly during political confrontations, to suppress peaceful protests by the unions or general public, is prohibited.
5. Members of the police forces are entitled to vote freely for their party of choice during all elections.
6. Violators must face the following punishments:
• Imprisonment
• Fines
Ministry of Finance
I. Finance and transparency:
1. The Kurdistan regions share of the Iraqi budget, and its expenditure should be made available to the parliament and the media.
2. Internal revenues, such as oil, and its expenditure should be made available to the parliament and the media.
3. In addition to the annual budget of the region, balance sheet should be made available to the parliament and the media.
4. Failing to reveal financial information to the parliament and the media is punishable.
II. Finance and political parties budgets:
1. Political parties only entitled to receive the sum of money that has been determined by the law. This sum of money has to be spent according to the financial censorship committees guidelines.
2. Paying extra money, directly or indirectly to any political parties by the ministry of finance and/or any other government institutions under whatever names, other than the sum that has been specified by the law is prohibited.
3. Violators must face the following punishments:
• Imprisonment
• Fines
III. Finance and party media organs:
1. Providing financial assistant to political parties media, by the ministry of finance and/or any other government institution is prohibited.
2. Providing financial assistant to independent media, have to be according to specific laws and with the parliaments permission.
3. Violators must face the following punishments:
• Imprisonment
• Fines
IV. Finances and political parties activists:
Political parties activists, who are registered as ministries employee while working for their own political parties, must be counted and classified as following:
1. Those of older ones should be offered retirement, according to their years of service and qualifications.
2. Those who want to work in a government department should be offered employment, on the basis of their qualifications and years of service.
3. Those who want to remain working for their parties, their parties should pay their salaries.
V. Finance and administrative posts:
1. Keeping the balance between the salaries of grade one and grade eleven employees, arranged in a way that it will ensure the highest salary will not exceed twenty times more than the lowest salary. Salaries must be compatible with the general budget and current market prices.
2. Arranging the current and retirement salaries of the parliamentarians and the Kurdistan region ministers, in a way that it is compatible with the new salary system.
3. To keep the balance in salary system, the following must be reviewed:
3.1 The job titles and salaries of those who have been appointed on the administrative and/or special grades should be carefully scrutinized and improved on the basis of qualifications and years of service in the government.
3.2 The job titles and salaries of those who have been retired on the administrative and/or special grades should be carefully scrutinized and improved on the basis of qualifications and years of service in the government.
3.3 The job titles and salaries of those who have been retired on the administrative and/or special grades, but do not have the necessary qualifications and years of governmental service, their job title, grades and salaries should be rearranged by a special law, on the basis of political, social, artistic and athletic appreciations.
VI. Finance and democratic, professional and non-governmental organizations:
All the organisations, clubs, unions, and syndicates, should be reviewed and reorganised, on the basis of profession and organisations activities, their assistance should be with accordance to their projects.
VII. Finance and tendering:
3. To be offered tenders, no political involvements/political recommendations shall be made by any means to influence decisions.
4. To promote equal opportunities to contractors, the relevant authorities should abide by the articles of civil law.
5. Offering tenders other than the guidelines is prohibited.
6. The companies should be reassessed.
7. Violators must face the following punishments:
• Imprisonment
• Fines
The Judiciary
I. The constituents of the judiciary:
The Supreme Court Council, which is responsible for:
1. Court of Appeal
2. High Court of Justice
3. Crown Court
II. Independence of the powers:
1. In order to keep the balance between all three powers: the Supreme Court, the Parliament, the Council of Ministers, shall have equal constitutional powers.
2. The public prosecution shall be separated from the power of justice minister, and become part of the judicial power.
III. The judiciary and budget:
The budget allocated to the judicial power, shall be under its own legal authority.
IV. Assessment of the judges and prosecutors:
1. Assessment of the judges ability and their promotion shall be based on the ratification of 90% of their annual judgments and decisions.
2. Any judge, who throughout three successive years of practicing his career, could not achieve the above rate of success, shall be transferred to another department.
3. Apart from Kurdish language, s/he must be able to speak, read and write in Arabic language. Those who fail to meet this requirement shall be transferred to another department.
V. The judiciary and the media:
At the High Court of Justice, media department to be established:
1. To greet all the independent media and provide them with the necessary information, within the boundaries of law.
2. Must have its own spokesman/woman to relay the courts voice to the public.
VI. Abrogation of laws:
The law of Military notification (960/106), (970/178) and the decision (997/1042) should be abrogated, and to bring the decision (987/669) of 23-08-1978 into force.
VII. The judiciary employee and recommendations:
1. When offering places to students at the college of law, appointing experienced law graduates as judge or general prosecutor, accepting someone at the judicial institution, and/or offering judicial posts to someone, no political involvements/political recommendations shall be made by any means to influence decisions.
2. Violators must face the following punishments:
• Imprisonment
• Fines
A project for reform in the Kurdistan Regions Government ministries
In order to avoid the ministries involvements in the power struggle between the political parties in Kurdistan.
In order to avoid the ministries involvements in political campaigns, particularly during the elections.
In order to execute the ministries duties effectively without party interference, and on the bases of professionalism, neutrality and expertise.
The following reforms must be made:
The Ministry of Education
I. Education and political affiliation:
1.1 All political parties activities and organisations inside the ministry of education institutions, governorates and offices are prohibited.
1.2 The closure of all political party offices, under whatever names they might come under, inside the ministry of education or any of the ministrys institutions, governorates or schools.
1.3 Deducting party membership fees from teachers and other staff salaries is prohibited.
1.4 Banning all political party logos, leaders portrait etc… in the education and study centres.
2: All those who are affected by the implementation of this decision will be entitled to one of the following:
2.13 Continue receiving their salaries until they find employment.
2.14 Offered retirement.
2.15 Offered suitable jobs within the ministry of education or elsewhere.
3. Teachers, education staffs, students and pupils at whatever levels or posts they might be, and/or in any governorates or schools, out of working hours and outside the ministrys buildings, they are all free to carryout political activities for their party of choice.
4. Teachers, education staffs, students and pupils are all free to vote for their party of choice during the elections, and according to the laws that are currently in force.
5. Violators must face the following punishments:
• Imprisonment
• Fines
• Removal from his/her position
II. Education and recommendations:
1. During the recruitment processes and promotions of teachers or staffs at ministry of education, primary education college, educational courses, and administrative or managerial posts, no political involvements/political recommendations shall be made by any means to influence decisions.
2. During the transfer or promotion of teachers to become headmaster, educational supervisor, specialty supervisor, adviser, expert… only laws and relevant regulation shall be used to assess the ability of the candidate. During circumstances when more than one candidate is suitable for the post, draw can be used.
3. Schools teachers and staffs are to be arranged according to the teaching processes requirements at the villages and towns.
4. Violators must face the following punishments:
• Imprisonment
• Fines
• Removal from his/her position
III. Education and political competition:
4. Taking advantage of teachers, education staffs, students and pupils for political activities inside the ministry of education, its governorates, offices and schools during election campaigns, to put pressure on a political party, during political confrontations, used against public, professional or political demonstrations is prohibited. Also, forcing teachers, staffs, students and pupils to attend pro-government demonstrations is prohibited.
5. Taking advantage of the students and pupils parents meeting for election campaigns and political party purposes is prohibited.
6. During the appointment of teachers or education staffs as election observers at the polling stations, or for any other electoral commission posts, s/he must be maintain neutral at all times while performing his/her duties and if any two of the deputies made formal complaints about his/her conducts, s/he must be removed from the post.
5. Violators must face the following punishments:
• Imprisonment
• Fines
• Removal from his/her position
IV. Education and syndicate:
1. Teachers are free whether or not they wish to become members of the syndicate (the teacher union).
2. The ministry of education authority shall allow all candidates and lists, to have free and fair syndicate election campaigns among the ministrys institutions.
3. Only the administration members of the branch and those of higher levels can have the same posts and salaries while elected for syndicate duties. Upon the completion of their syndicate works, they will return to their previous posts.
4. Deducting syndicate membership fees from teachers salaries who are not syndicate members is prohibited.