Legal scholars push back on Kirkuk governor's claim that Article 140 is no longer in force

KIRKUK, Iraq — Constitutional law specialists have rejected a statement by Kirkuk Governor Mehmet Suleiman Aga that Article 140 of the Iraqi Constitution is no longer in force. Critics argue that although the article set a December 31, 2007 deadline for its implementation, that date functions as an acceleration requirement for the executive branch rather than a self-executing repeal clause. Under Article 93 of the constitution, only the Federal Supreme Court has authority to interpret constitutional text and resolve related disputes, the specialists noted. They added that any repeal or amendment of a constitutional provision requires a two-thirds parliamentary vote followed by a public referendum under Article 126, neither of which has taken place with respect to Article 140. State practice, the critics said, also contradicts the governor's assertion. Federal budget laws allocate funds each year for those displaced under Article 140, a permanent parliamentary commission named after the article continues its work, and a national office within the government monitors implementation. They also pointed to the 2008 Provincial Powers Law, which limits a governor's authority to administrative and service matters at the provincial level and does not grant authority to determine the legal status of a constitutional provision. No further response from the governor's office was immediately available.