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Fractious Iranian Kurdish dissidents pose challenge for KRG stability

A splintering of opposition groups in Iraqi Kurdistan is complicating efforts to meet Iranian demands for secure borders in order to avoid more drone and missile attacks. MOHAMMED HUSSEIN AND LIZZIE PORTER OF IRAQ OIL REPORT      Iranian Kurdish dissidents based in Iraqi Kurdistan are engaged in a destabilizing internal conflict that could lead to a more confrontational posture toward Iran, with the potential for provoking more cross-border attacks by Tehran's military forces. The Komala party, one of the main dissident groups, has generally maintained a policy against using Iraqi Kurdistan as a staging area for direct action against Iran. But now the party has split into three factions over a variety of disagreements, including whether to settle in refugee camps or maintain border bases, and how to structure alliances with other dissident groups. “I think the Iranian Islamic Regime is very happy about these intra-Kurdish conflicts,” said an official from the Komala Party of Kurdistan, one of the three factions. “Certainly, they would love to see us kill one another and weaken ourselves." The disarray comes as Tehran is threatening to take new military action if Iraq's federal government and Kurdistan Regional Government (KRG) do not meet a mid-September deadline to disarm the dissident groups and move them to residential camps away from the border. “If the deadline passes and they remain armed or carry out any operation, our operations against those groups will definitely reoccur more severely,” said Major General Mohammad Hossein Baqeri, Chief of Staff of the Iranian Armed Forces, according to a report by the state-backed Tasnim news agency.

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Results of Draw survey on Kurdistan Parliamentary election

• 37% of the respondents have expressed their decision to boycott the elections. • A notable 68% of the respondents hold the belief that the elections will not lead to substantial changes. Draw Media The Kurdistan Region Presidency has announced that the sixth parliamentary elections will take place on February 25, 2024. In anticipation of this event, political parties have commenced their preparations to engage in the electoral process. To gauge the public sentiment regarding the Kurdistan parliamentary elections, the Survey section of Darw Media Organization conducted a comprehensive survey involving 5672 participants across the four provinces of the Kurdistan Region: Erbil, Sulaimaniyah, Duhok, and Halabja. The survey was supervised by Dr. Nyaz Najmaddin Noori, assistant professor of Economics at the University of Sulaimaniyah, and it was conducted through a dedicated electronic platform and was active during the period from 1-7 August 2023. Survey Findings:

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Dana Gas: Oil Production Increased in Kurdistan

UAE's Dana Gas says oil production in the Kurdistan Region has increased by 6 percent, recently, Birl Petroleum, one of their partners, received $101 million from the Kurdistan Regional Government. Dana Gas Company announced: Profit fell 25 percent to $83 million in the first half of this year from $111 million in the first half of last year, as a result of falling oil prices and additional reductions in gas sales by selling condensate to NGOs while other oil companies operating in the region have stopped production. Revenue fell 22 percent to $222 million in the first six months of this year, compared with $284 million in the first half of last year, due to falling oil and gas prices in the world markets, as well as increased production in the region Consumption expenditure of 15% played a positive role in limiting the impact of the decline in oil prices. Added that Burl Petroleum has recently received $101 million from the Kurdistan Regional Government (KRG) despite continuous internal challenges in Iraq, and negotiations have been held with the KRG to clear all outstanding entitlements as soon as possible It continued and all its products were used domestically.

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Washington’s security strategy in Iraq was deep-frozen. This week might bring an overdue thaw

  In this new analysis, Jonathan Lord of the Center for a New American Security says this week should provide a starting point to reassess US military funding for Iraq.   Since 2014, the US has poured millions of dollars into Iraq under the mission of defeating ISIS. Even as the threat has shrunk, argues Jonathan Lord of the Center for a New American Security, the funding has continued with little to no change in approach. With a meeting of key officials in Washington this week, Lord says, it is time to reassess.  This week, the Pentagon will host Iraq’s Defense Minister Thabet Muhammad al-Abbasi and a delegation of Iraqi military leaders, selected by Iraqi Prime Minister Mohammed Shia al-Sudani, for a Joint Security Cooperation Dialogue (JSCD) in Washington. The two-day conference, led on the American side by Assistant Secretary of Defense for International Security Affairs Celeste Wallander, will seek to discern a vision for the future of the US-Iraqi security relationship. It’s a discussion that’s long overdue, and one that has to come with hard questions, not just about US-Iraq affairs but about how the Biden administration plans to manage the millions of dollars it still spends on Iraqi security each year. Since 2014, when the US military returned to Iraq under the auspices of Operation Inherent Resolve (OIR), its mission and legal authorities have focused squarely on defeating ISIS —  which at the time controlled one-third of the country, and was closing in on Baghdad and Erbil. The Iraqi security forces (ISF) and the Kurdish Peshmerga were in various stages of collapse and retreat, respectively. Dormant militias, with backing from Iran and harnessing a twisted interpretation of a fatwa from Iraq’s most senior Shia cleric, were re-establishing their ranks to fight-off the coming ISIS hordes. Iraq’s Counterterrorism Service, which had the longest, continuous relationship with its American counterparts of any Iraqi unit, remained one of the few relatively-capable forces, and found itself on the vanguard of virtually every significant and successful Iraqi operation to claw back territory from ISIS. Through the first three phases of the campaign, the Pentagon worked with Iraq’s military forces (all but the Popular Mobilization Forces, which it was precluded from supporting due to its proximity and linkages with Iran) to flood the zone with arms, equipment, and training. That included thousands of precision-guided munitions, as well as intelligence, surveillance, and reconnaissance (ISR), courtesy of constant coverage from US Air Force UAVs. As early as 2017, after ISIS’ last major bastion of Mosul was liberated, Central Command planners began cogitating over what conditions needed to be met in order to reach “Phase IV” of the operation, and its ultimate conclusion. Nine years (to the day, August 8) since OIR began, it continues to languish in its final phase, which began in 2020, when a global pandemic reduced any in-person US-Iraqi mil-to-mil engagement to nil. Though ISIS has been reduced to an insurgent nuisance, OIR has persisted, as has the Congressional authority and funds to train and equip Iraqi forces that have long been saturated with equipment and training by their US counterparts. The Biden administration, the third US presidential administration to oversee OIR, has not moved with any particular urgency to advance beyond the defeat-ISIS mission. In July 2021, during a bilateral “strategic dialogue” with a delegation of Iraqi leaders, President Joe Biden announced the end of US combat operations in Iraq, and the withdrawal of any remaining combat forces by year’s end. The move was largely gestural, as US forces hadn’t suffered a single casualty in battle with ISIS since 2019. Today, the US military presence is largely confined to an advisory role in operational control rooms managed by Iraqi forces. Most of the resources it is appropriated and authorized by Congress in the “Counter-ISIS Train and Equip Fund” (CTEF) no longer pay for the rapid acquisition of vehicles, guns, and munitions. Instead, they are mostly used to pay the salaries of a teetering and largely symbolic force of Kurdish Peshmerga, the “Regional Guard Brigades” (RGBs), drawn together from the Kurdistan region’s two major political factions. The RGBs remain one of Iraq’s shakiest forces, perhaps even a “Potemkin Village” which the Kurdistan Regional Government props up to ensure the continued flow of tens of millions of dollars of support every month. Plainly put: Year in and year out, the Department of Defense has continued to request funding and the extension of authorities from Congress to train Iraqi forces to fight ISIS ($315 million this fiscal year alone), despite the fact that OIR’s training activities in Iraq have long since ceased and the fight is nearly non-existent. This week’s JSCD is the long-awaited kick-off to a bilateral discussion of what should come next. Why it has taken so long to reach this point is a question the Pentagon should have to answer. Lawmakers have been calling for such a dialogue — in law — as early as 2019, when in the Fiscal Year 2020 National Defense Authorization Act, Congress held back funding until the Defense Department took steps to properly staff the US Embassy-based “Office of Security Cooperation-Iraq,”, appoint a “Senior Defense Official-Defense Attache” (SDO-DATT), and host a “bilateral engagement with the Government of Iraq with the objective of establishing a joint mechanism for security assistance planning, including a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform.” The Pentagon appointed an SDO-DATT a few years ago, though to this day, hasn’t provided permanent billets for OSC-I staff, despite Congress having mandated (and annually-restating the mandate for such) reform for years. The foot-dragging hasn’t come without cost or waste. The Pentagon continues to spend upwards of $20 million every month to prop-up an Iraqi Kurdish force that will likely disintegrate the day the money dries up. Having spent billions of dollars to arm Iraq for the ISIS fight, little effort has been made to reform Iraqi defense institutions, such that it can sustain its own equipment, plan and execute its own operations, operate without US-provided intelligence and ISR, or effectively command and maneuver combined forces on the field of battle. In essence, all of the ills that plagued the Iraqi military in 2014 still do, which makes sense, since virtually none of our military support was focused on fixing that problem. The focus was, rightly, on defeating ISIS. Frustration and concern has mounted in Congress. In posture hearings this year, when asked about the future of Iraq, Secretary of Defense Lloyd Austin’s answer was to assure members of Congress that the US military was staying-put. Wrong answer. Congress has sought to understand what steps the Pentagon was undertaking such that Iraq might no longer need to rely on an outsized US military presence, which itself has been the subject of constant political debate in Baghdad. While no US servicemembers have died at the hands of ISIS since 2019, some have been killed more recently than that, as the result of attacks by Iran-supported militias that violently object to a continued US military presence on Iraqi soil. Unwilling to wait any longer for the Pentagon to drive a future policy, the FY22 NDAA included line-item funding for Iraq under the less-permissive 10 USC 333 security cooperation authority, which would enable greater oversight of the US military’s security cooperation than the emergency ISIS authorities. Unlike the ISIS train and equip authority, “333” (“triple 3,” as it’s known) focuses more on building lasting military capacity, which is sorely needed if the ISF is to avoid repeating the history of collapse it suffered in 2014. In addition to brain-storming what funds and authorities it needs to assist Iraq’s military forces into the future, the Pentagon needs to coordinate its effort with the State Department, which through Title 22-based foreign military financing, continues to support major Iraqi military weapons programs that the Iraqi MoD will almost certainly never be able to sustain without help. Does Iraq need F-16s, which are expensive to fly and maintain, or might there be a more appropriate solution to provide Iraq’s ground forces with the air support they need? What about the C-130s or the M1 Abrams tanks? If these platforms are important enough to Iraq’s MoD, will it budget the necessary funds to pay for their upkeep, or is the US taxpayer going to foot the bill in perpetuity? The Pentagon and State Department need to come to a shared vision of future US military support, and it must do so collaboratively with Iraq’s military and political leaders, if they are to be effective. The Iraqis too have hard choices to make. It will require immense political will and courage to reform an Iraqi defense establishment that continues to perpetually hollow itself through corruption, indifference, and over-dependence on foreign assistance. It will require Prime Minister Sudani to ultimately confront and rein in para-military forces that exert too much political power, answer to too many commanders that aren’t him, and extract too many resources from Iraq’s government, for too-little security benefit for Iraqis. It will require Iraqi Kurdish leaders to commit to meaningful reform of the Peshmerga, such that it’s no longer the arm of political factions, but rather a tool of state security that’s answerable to elected leaders. It must operate to secure the safety and future of all Iraqi Kurds, in coordination with federal Iraq as a partner, and not be abused by individual Kurdish leaders for their own power and enrichment. With any hope, this JSCD is the first step in achieving a shared vision of a US-Iraqi security relationship that closes the book on the ISIS fight and develops an Iraqi military partner that can stand on its own two feet with fewer commitments in US blood and treasure. Though by any measure, it’s a hard step, it’s necessary, long overdue, and a more-than-welcome development. Jonathan Lord is a senior fellow and the director of the Middle East Security Program at the Center for a New American Security, a former staff member for the US House Armed Services Committee, a former Iraq country director in the Office of the Under Secretary of Defense for Policy, and a former political military analyst in the Department of Defense.    

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Surge in harassment of journalists in Iraqi Kurdistan

Reporters Without Borders (RSF) is alarmed by a surge in press freedom violations in Iraqi Kurdistan, an autonomous region in northern Iraq where several journalists have just been arrested arbitrarily and freelance journalist Sherwan Sherwani’s jail term has just been extended. Iraqi Kurdistan had until recently been relatively safe for media personnel but RSF has tallied around 20 arrests of journalists since the start of 2023. The events of the past few days are indicative of the escalation in violations. “Using the letter relative to Sherwan Sherwani’s conditional release as grounds for sentencing him to another four years in prison was a cruel and vindictive way to punish a journalist who refuses to keep quiet, even behind bars. At the same time, the arrest of his colleague Omed Baroshki, and all the arbitrary arrests of other journalists and the circumstances in which they were carried out also undermine press freedom and constitute a threat to those outside who still express themselves freely. Such acts of intimidation must stop and Sherwan Sherwani and all other detained journalists must be released. Jonathan Dagher Head of RSF’s Middle East desk The former editor of the monthly Bashur, Sherwan Sherwani was sentenced to an additional four years in prison by a court in Erbil, Iraqi Kurdistan’s capital, on 20 July for allegedly imitating the signature of fellow detained journalist Guhdar Zebari in a letter relative to their conditional release in August 2022 . Zebari nonetheless testified to the court that he had agreed to his name being added to the letter while he was in solitary confinement. RSF has learned that Zebari was himself the victim of a similar judicial ploy in March, when – just as he was about to be released – he was given an additional seven-month jail term for allegedly forging a vehicle brand three years ago. The decision to sentence Sherwani to four more years in prison was denounced on camera the same day by freelance journalist Omed Baroshki, who said it had been personally ordered by Kurdistan’s prime minister, Masrour Barzani. Members of Kurdistan’s security forces, the Asayish, immediately arrested Baroshki at his home in Duhok. He was released the next day without being charged. Sherwani was one of a total of four journalists – the others were Guhdar Zebari, Hariwan Issa, Ayaz Karam along with activist Shivan Saeed – who were arrested in 2020 and were referred to as the “Bahdinan prisoners” (after the name of a region in Iraqi Kurdistan). Arrested in October 2020, Sherwani was given a six-year sentence on a spying charge although his crime was investigating corruption within Iraqi Kurdistan’s ruling elite, including the Barzani family. He was to have been released in September after his sentence was reduced to three years by President Nechirvan Barzani, former President Massoud Barzani’s nephew. When several journalists and NGO representatives gathered outside the courthouse in Duhok on 26 July with the aim of protesting against Sherwani’s additional jail sentence, members of the security forces intervened and prevented them from addressing the reporters who were there to cover the event. Journalists with independent NRT TV, including Omed Chomani and Goran Abdul-Khaliq, were arrested the day before while covering a protest against water shortages by residents in one of Erbil’s districts. Murad Ahmed, another NRT TV reporter in Erbil, said his colleagues were taken away in a black car with no licence plate. They were transferred to downtown Erbil where they were questioned for several hours and then released.

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KRG partially honouring crude supply deal with Baghdad

Argus By Bachar Halabi Iraq's semi-autonomous Kurdistan region is supplying refineries in the north of the country with 50,000 b/d of crude, a source told Argus, partially meeting its commitments even though the shut in of exports through Turkey's Ceyhan port is now in its fifth month. Under a deal with Baghdad, the Kurdistan Regional Government (KRG) must supply at least 400,000 b/d to Iraq's storage facilities at Ceyhan, with Baghdad's state-owned Somo holding marketing rights. If oil cannot be exported through Ceyhan or other designated ports, it must be redirected for domestic refining, including refineries in the country's north. In return, the KRG has been allocated 12.6pc of the Iraqi budget, to be paid through monthly transfers. While the source said production could be a bit higher than the 50,000 b/d supplied to the KAR refineries, the KRG remains far from hitting the 400,000 b/d monthly target. It remains to be seen how the federal government will compensate Erbil over the current crude transfer levels. Turkey and Iraq remain in "deliberative talks" regarding the restart of around 470,000 b/d of northern Iraqi crude exports. The pipeline that transports crude from Iraq's Kurdistan region to Ceyhan for onward delivery to export markets was shut on 25 March. Turkey ordered the halt after an arbitration court at the Paris-based International Chamber of Commerce ruled Ankara had breached a 1973 agreement with Iraq by allowing crude marketed by the KRG to be exported without Baghdad's consent. Turkey has held out on allowing a resumption while it seeks concessions from Iraq regarding the court ruling and another arbitration case. Iraqi prime minister Mohammed Shia al-Sudani's office on 25 July said Turkish President Recep Tayyep Erdogan is scheduled to visit Baghdad, without giving a date. A source said this will not take place next week.

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KRG begins implementing budget law with crude transfers to Baghdad

Iraq Oil Report Erbil and Baghdad are taking initial steps towards implementing an aspect of the 2023 budget law, in a sign of cooperation that could potentially lead to more stable financial flows for the Kurdistan Regional Government (KRG) and its oil contractors. For the past month, the KRG has been handing over between 50,000 to 90,000 barrels per day (bpd) of crude to the federal Oil Ministry, which is paying a private refinery in Erbil to produce fuel, according to multiple industry officials, KRG officials, and MPs briefed on Baghdad-Erbil negotiations. The oil transfers signal Erbil's willingness to comply with the terms of the 2023 budget law, passed in June, which compels the KRG to hand over 400,000 bpd of crude to Baghdad in order to qualify for a share of the federal budget. It remains to be seen whether the oil transfers will trigger a federal budget transfer to the KRG in July, and if so, how large it will be.

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CPT Iraqi Kurdistan's Report on Sherwan Sherwani’s Trial

On July 20th, 2023, CPT-IK observed the court trial of Sherwan Sherwani. CPT-IK has attended the court trials of all 24 Badinan prisoners since early 2021. Sherwan Sherwani was one of a group of journalists and activists arrested by Duhok security forces in late 2020 in connection with protests against government corruption. In February 2021, he and four others were put on trial for "endangering the national security of the Kurdistan Region." They were found guilty and sentenced to six years in jail. Sherwani is a civil rights activist and independent journalist. His work has included exposing corruption, secret government prisons and advocating for human rights. Sherwani has been routinely targeted for his journalism and activism work. Before his imprisonment, Sherwani faced abductions and threats intended to silence his journalism. On July 20th, 2023, Sherwan Sherwani was tried and convicted in Erbil Criminal Court for falsifying and forging documents. The document in question surrounded a request made on August 28th, 2022, by Badinan Prisoners Sherwan Sherwani, Guhdar Zebari, Hariwan Issa, Eyaz Karam, and Shvan Saeed to retract a previously submitted document asking for conditional release. Sherwani was convicted of forging the signatures of fellow Badinan prisoners and the fingerprint of Guhdar Zebari, who was in solitary confinement at the time. Zebari and the others had all agreed to allow each other to sign on each other's behalf. Sherwani was convicted under Iraqi Penal Code Articles 295 and 298. Falsification under the aforementioned codes is "the alteration as to substance or meaning as stipulated by the Code with intent to deceive of a deed, certificate or other document thereby causing harm to the public welfare or to others."  Additionally, Article 295 is administered for the falsification of ordinary documents. "Any person who falsifies an ordinary document which establishes a debt or disposes of property or discharges a person from a debt or settles a debt or any ordinary document which can be used to establish rights of ownership is punishable by a term of imprisonment not exceeding seven years or by detention." Article 298 states that any person who makes use of a falsified document knowing it to be so is, according to the circumstances, punishable by the penalty prescribed for the offence of falsification.  Observations and Violations CPT-IK is concerned with the significant security presence inside the courtroom during the trial. CPT-IK estimated 12-15 heavily armed policemen were in active attendance, with Mr Sherwani inside a cage. Dozens of other armed guards were outside the courtroom as well. The militarized nature of the courtroom could be designed to intimidate the defendant (and other attendees) due to the high profile of Sherwan and the political nature of his imprisonment. This practice can infringe upon a defendant's legal representation and create an intimidating environment that works against the legal principles of impartiality. The right to a fair trial is a recognized human right. CPT-IK is concerned with the court's potentially unjust procedure of not providing the case's legal documents to the defence in advance, putting the defendants at a disadvantage as the court is skewed in favor of the prosecution. This practice could infringe upon impartiality and a fair trial. It is revealing that the judge asked Shvan Saeed, "You have been released now; do you have wisdom now?" Furthermore, there is no ability to cross-examine or question the validity and independence of the investigation department's evidence.   The judge questioned the prosecution and witnesses about the impact on the Erbil Adult Prison and the other Badinan prisoners Sherwan Sherwani signed for. The prosecution argued that there was a negative impact on the prisoners and the reputation of the Erbil Adult Prison. Guhdar Zebari, Hariwan Issa, and Shvan Saeed all testified in court that there was no negative impact, and stated that they all had given each other explicit permission to sign and fingerprint on behalf of each other. Saeed said when called as a witness, "One year ago, five of us made an agreement that they would all sign on behalf of one another, if it was ever needed. We had consent."  As stated in court, this agreement was created to make collective action easier. Sherwan and witnesses claim that the Erbil Adult Prison had created many obstacles for them to file complaints and requests formally. Also, the prisoners were sometimes placed in solitary confinement and therefore did not have access to participate in the submission of collective requests.  All witnesses testified that there was no negative impact on themselves as they permitted each other to sign. Since the submitted document was a memo and processed internally, no evidence would suggest possible harm to the prison's reputation, quoting Sherwani, "It is not an official document. It is not a security issue". There was no intent of misrepresentation presented in the court nor clear evidence of misrepresentation or any harm caused.  In the court, the representation of Erbil Adult Prison stated that collective requests could not be officially processed; only individual requests could. However, the prisoner's inadmissible document was used in court as evidence of a document that was officially processed.  Sherwan Sherwani stated that there were times they were asked by prison officials and guards to fingerprint blank pages - a commonly documented practice by Kurdish security forces on detainees for purposes of intimidation or attaining a signature or fingerprint to use on a 'false document'. It is important to note that Sherwani testified in court that he did not produce the fingerprint in the space for Guhdar Zebari.  The judge based the sentencing on a different law article because the document in question was not considered official. This raises more questions on the document's viability as evidence if no harm is caused. Ultimately, there was no evidence to suggest any damage to the prison's reputation or the individuals Sherwani had signed for. The result was the judge issuing a 2.5-year sentence for breaking Article 295 and a 1.5-year sentence for violating Article 298. Regarding this, CPT-IK is concerned with unjust sentencing.  CPT-IK is highly concerned that the court is being used to unjustly punish journalists and activists, as was the case for all Badinan Prisoners.  CPT-IK is highly concerned about allegations of torture during interrogations discussed during the trial by Sherwan about his initial trial with the same judge.       Analysis There is likely political interference by the KRG in the judicial system. CPT-IK is highly concerned that this political interference has the potential to significantly undermine the values of justice, fairness and independence in the Kurdish legal system. As evidenced by other Badinan prisoner cases, the judiciary is being used to overly punish activists and journalists who speak out on topics deemed sensitive to the KRG and Kurdish ruling political parties, such as corruption, nepotism, and human rights injustices.  On the evening of July 20th, the same day of the Sherwani's trial, journalist Omed Barushky was kidnapped from his home by the Asayish without any warrant or court order. Barushky had attended Sherwani's trial and was publically critical of the government during a press conference outside the courthouse. He was released upon orders of Masrour Barzani. This is a clear example of political involvement in the legal system.  Iraqi Kurdistan is increasingly an unsafe place for journalists and activists. At least nine journalists have left Iraqi Kurdistan in the past six months due to active threats on themselves and their families. Journalists and activists face constant fear for their lives for their work. Many journalists and activists have stated and shown physical evidence of gruesome torture committed on them while in prison or detention. Torture such as removing nails, hanging gas canisters on genitals, and verbal and physical assault have been used on prisoners. Torture is used to try to retract false confessions, sign documents without knowing what those documents are, and prevent the prisoners from speaking out about any ill-treatment.  After release, journalists and activists continue to face threats to themselves and family members if they speak on any issues related to their imprisonment or issues deemed sensitive by the government.   

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Imprisoned journalist Sherwan Sherwani given additional 4-year sentence in Iraqi Kurdistan

Iraqi Kurdish authorities should release journalist Sherwan Sherwani at once, drop all charges against him, and allow members of the press to work freely, the Committee to Protect Journalists said Thursday. On Thursday, July 20, the Erbil criminal court sentenced Sherwani to an additional four years in prison over a complaint by the Erbil Adult Correctional Directorate for allegedly fabricating documents, according to news reports as well as the journalist’s lawyer and brother, who both spoke to CPJ over the phone. Sherwani, who has been imprisoned since October 2020, was previously scheduled to be released on September 9, 2023, after his sentence was reduced by Kurdistan Regional President Nechirvan Barzani. “Iraqi Kurdish authorities must drop all charges against journalist Sherwan Sherwani and free him immediately,” said Sherif Mansour, CPJ’s Middle East and North Africa program coordinator, in Washington, D.C. “With the latest decision to extend his imprisonment by four years, Iraqi Kurdish authorities are showing their determination to tell the world how vicious they can be against journalists.” Sherwani’s lawyer, Ramazan Tartisi, told CPJ that the journalist was accused of falsely signing fellow imprisoned journalist Ghudar Zebari‘s name on a petition submitted by several prisoners in August 2022. Tartisi told CPJ that Zebari was in solitary confinement at the time but had given Sherwani permission to sign on his behalf.  At a hearing on Thursday, “Zebari confirmed his consent for Sherwani to sign on his behalf, but the judge disregarded that and still imposed punishment on Sherwani,” Tartisi said. The journalist received 2.5 years under Article 295 of the penal code, which pertains to falsifying documents involving debt or property, and 1.5 years under Article 298, which involves knowingly using a falsified document. Sherwani’s legal team plans to appeal the decision, according to Tartisi, who described the decision as “unjust and harsh.” Sherwani and Zebari were both sentenced on February 16, 2021, on charges of destabilizing the security and stability of the Kurdistan region. Barzan Sherwani, the journalist’s brother, described the ruling as “politicized,” adding, “our family will not be subject to such pressure.” CPJ emailed the Iraqi Kurdish Ministry of Justice for comment but did not immediately receive any response. CPJ also repeatedly called the director of Erbil Adult Correctional Directorate for comment but no one answered.

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Deep Dive: Will Turkey agree to resume oil shipments from northern Iraq?

Draw Media amwaj.media The transfer of crude oil from Iraq to Turkey remains suspended, almost four months after an arbitration ruling found that Ankara owes Baghdad compensation for enabling unauthorized exports from Iraqi Kurdistan. Despite unconfirmed reports of an impending visit to Iraq by Turkish President Recep Tayyip Erdogan, there are few indications of a deal on the horizon.   Origins of the dispute Ankara and Baghdad have clashed over independent Kurdish oil export for almost a decade. Under a 2014 Ankara-Erbil agreement, oil pumped in landlocked Iraqi Kurdistan was independently sold via Turkey’s Mediterranean port of Ceyhan. Of note, most of federal Iraq’s oil exports are shipped through the southern Gulf coast. In reaction to the launch of independent Kurdish exports, Iraq filed an arbitration case with the International Chamber of Commerce (ICC). Baghdad argued that Turkey had broken a 1973 pipeline agreement by allowing oil exports from Iraqi Kurdistan without its permission. The ICC's March decision rested on a stipulation in the 1973 agreement's annex that Turkey would only purchase oil via Iraq’s State Organization for Marketing of Oil (SOMO). In March, the ICC ruled that Turkey must pay Baghdad some 1.47B USD in compensation for having facilitated Iraqi Kurdish oil exports between 2014 and 2018 without the Iraqi federal government’s permission. The Iraqi Ministry of Oil was prompt in welcoming the ICC ruling. As for Turkey, it accepted the outcome, particularly as the penalty was far lower than had been expected. Several Turkish officials Amwaj.media spoke to had expressed concern that the amount could have reached 20B USD. Iraq’s then-oil minister Ihsan Abdul Jabbar Ismail in Sep. 2022 said Baghdad expected compensation of 30B USD if it outright won the case. At the same time, Turkey on Mar. 25 moved to halt the export of over 450,000 barrels of oil per day from northern Iraq. Crude deliveries have been at a standstill ever since. Since the announcement of the ruling, Ankara has largely remained silent about paying the compensation. The case also fell off the Turkish government’s agenda amid an array of domestic challenges. These include the aftermath of the devastating February earthquakes that killed over 50,000 people in Turkey.   Back on the agenda? Beyond other domestic challenges, Ankara also essentially ignored the court ruling during the campaigning for Turkey’s May presidential elections. This was partly to prevent the Turkish opposition from using it as a propaganda tool in the polls. President Erdogan’s re-election has meant the case has once again gained visibility. Last month, a technical delegation from Turkey’s Ministry of Energy and Natural Resources met with an Iraqi team in Baghdad headed by Deputy Oil Minister Bassem Khdeir. They were joined by representatives from the Kurdistan Regional Government (KRG). Discussions were focused on restarting oil exports through northern Iraq. Ankara appears to seek to negotiate over the compensation that has been awarded to Iraq. Turkey also seeks clarification on another arbitration case that is still open. Speaking to Amwaj.media on condition of anonymity, an informed Turkish source alleged that Ankara has demanded to pay the compensation in instalments. The source further claimed that Turkey conveyed to the Iraqi side that it expects to take a more active role in future KRG oil operations. Another Turkish demand, the source alleged, was that it ought to receive discounts going forward as well. Of note, Ankara bought oil exported by the KRG at below market value before the arbitration ruling. The source additionally echoed reports that another Turkish precondition to restart the flow of oil is for Iraq to withdraw a second lawsuit. The latter ICC case relates to KRG oil exports from 2018 until Apr. 2023. Sources with knowledge of the process told Amwaj.media that the potential compensation in the second suit could exceed the 1.47B USD awarded to Baghdad in the first case. The Turkish delegation’s other demands reportedly include Iraqi payment for maintenance costs for the roughly 350 km-long (217 miles) pipeline. But Iraq has refused on the grounds that Turkey stopped the oil exports. Baghdad would also like crude transfers to resume before full negotiations over compensation begin, as a sign of goodwill.   Technical or political impediments? Despite months of efforts, there are no clear signs of any resumption of crude exports from northern Iraq. Before the suspension, the pipeline had been carrying around 400,000 barrels per day of KRG crude and around 75,000 barrels per day of oil pumped from fields controlled by the federal government. The export cessation is estimated to have cost Erbil in excess of 2B USD. The financial loss for the Baghdad government may also be significant, although far less impactful. Yet, there are some indications that a resumption of oil transfers could be on the table. The Iraqi government and the KRG on Apr. 4 signed a temporary deal in the hope of resuming crude exports through Turkey. Under the deal, SOMO will have the authority to market and export oil pumped in the Kurdistan region. The revenues will be deposited in an account at the Iraqi Central Bank under Erbil’s control. But despite the progress on the Iraqi side, Turkish blockages continue. Both the KRG and Iraqi federal government in May requested the reopening of the Kirkuk-Ceyhan pipeline. Later, Iraq’s Oil Minister Hayan Abdul-Ghani charged that there had been no response from Turkish state energy company BOTAS. This is while officials in Turkey reportedly blamed unspecified “technical reasons” for the delay. Baghdad’s frustration is evident; in May, Turkish media quoted an Iraqi official as saying that “the issue is political rather than technical.” Turkey appears to be exploiting the situation to pressure Iraq into compromising on the compensation it has been awarded. Shortly after the Apr. 2023 deal between Baghdad and Erbil, Turkey reportedly wanted to negotiate a settlement before permitting a resumption of Iraqi exports. Such an arrangement would be along the lines suggested to Amwaj.media by the informed Turkish source. However, Ankara could also be pushing for a reduction in the overall amount of compensation. Likely as part of its negotiating strategy, Turkey is intentionally drawing out the process. In the June 19 meeting held in Baghdad, the delegations drew attention to the political dimensions of the issue. They also called for further talks. The following day, KRG Prime Minister Masrour Barzani met with President Erdogan in Ankara as the deadlock continued. The ICC ruling and the resumption of oil exports were discussed. But no concrete progress appears to have been made.   Different stances hinder resumption of exports Turkey is pursuing a maximalist position even as it is also suffering economically from the halt in oil deliveries. On the other hand, Iraq—as the winner in the arbitration ruling—does not wish to undermine the ICC’s decision. Iraqi Prime Minister Muhammad Shia’ Al-Sudani is solution oriented. In principle, this should make a deal more likely. But as some reports indicate, Iran-backed armed groups in Iraq are believed to also be blocking progress. These factions are alleged to have been unwilling to let the Sudani government acquiesce to Turkey’s demand to drop the second lawsuit filed with the ICC. Of note, the same groups also blocked former Iraqi prime minister Adil Abdul Mahdi (2018-19) from attempting to freeze the case during his tenure. The situation is partly a reflection of the regional rivalry between Ankara and Tehran. Iran-backed factions in Iraq regularly make anti-Turkish statements and attack Turkish military bases in the north of the country. Essential to Ankara’s fight against the Kurdistan Workers’ Party (PKK)—an organization blacklisted by Britain, Turkey, and the US—the military installations have drawn the ire of many Iraqi actors. On the other hand, Washington is said to be lobbying behind the scenes in Ankara and Baghdad for a resumption of Iraqi exports through the northern route. So far, it has been unable to reconcile the parties. Bilateral trade between Iraq and Turkey reportedly exceeded 24B USD last year. There are strong shared business interests, and Ankara and Baghdad alike seek to protect their strong economic relationship from tensions. If anything, the dispute over the resumption of oil exports via the Kirkuk-Ceyhan pipeline show the need for high-level political negotiations. Without mutual concessions, the impasse is likely to continue.    

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Fighting for Kurdistan?

Draw Media Netherlands Institute of International Relations-Feike Fliervoet     The Peshmerga forces of Iraqi Kurdistan are a complex and multi-faceted security organisation, their loyalty divided between the Iraqi state, the Kurdistan Regional Government (KRG), different political parties and powerful individuals. At different times – and sometimes simultaneously – they can be characterised as national, regional, party and personal forces. This report explores the dynamics and consequences of these various roles in the broader political context of the relationship between Erbil and Baghdad. For relations within the KRG, as well as between the Kurdish Region of Iraq (KRI) and Baghdad, to develop as constructively and as peacefully as possible, it is important that international partners currently supporting the Peshmerga and/or the Iraqi Security Forces take three recommendations to heart: 1. Develop an integrated security sector reform (SSR) strategy that considers support for the Peshmerga and the Iraqi Security Forces in relation to each other. 2. Ensure that such an integrated SSR strategy is embedded in a broader political strategy for re-including Iraq’s Kurds in the Iraqi polity on favourable, inclusive and reconciliatory terms. 3. Consider the need for reform and reconciliation within the Kurdistan region to prevent further intra-Kurdish conflict.         PDF

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Deductions and non-payment of salaries in the ninth cabinet

Draw Media The total amount of salaries not paid and deducted in the ninth cabinet is; # (6 trillion 300 billion) dinars "7 full salaries" # (1 trillion 701 billion) dinars "9 salaries with 21% deduction" # (162 billion) dinars "1 salary with 18% deduction" # (900 billion) dinars "salary (6) of 2023" delayed # So the total amount of salaries not paid in the ninth cabinet (9 trillion 63 billion) dinars. Arrears and salary deductions as financial entitlements of the region's employees: In the election campaign in Septrmber 2018 political parties campaigned for the return of salary arrears and opening accounts for salaried employees. With the inauguration of the ninth cabinet salaried employees were waiting for the return of their salary arrears, but this cabinet invented a new innovation called (salary deduction). This is despite the fact that in 2020, a record number of non-payment of salaries was recorded. Regarding the financial entitlements of the salaried employees that are the responsibility of the Kurdistan Regional Government, only in the ninth cabinet is more than (9 trillion) dinars. The period of salary arrears was held during the eighth cabinet of the Kurdistan Regional Government (KRG) headed by Nechirvan Barzani. However, in the ninth cabinet, the issue of salaries entered a new stage, which was the invention of salary deductions instead of savings. In this cabinet, the salaries of the months (4, 5, 6, 7, 8, 11, 12 of 2020) were not paid, (9) salaries with a deduction of (21%) and a salary with a deduction of (18%) has been paid to the employees in the years (2021 - 2022). Therefore, if we estimate the total salary expenditure at (900 billion) dinars monthly, then the total financial entitlements of salaried employees in the ninth cabinet has not been paid to them is; • (7) months of salary cuts X (900 billion) dinars = (6 trillion 300 billion) dinars • (9) months with deduction of (21%) X (189 billion) dinars = (1 trillion 701 billion) dinars • (1) month with deduction of (18%) X (162 billion) dinars = (162 billion) dinars • Currently, the month of June (2023) has passed, but the salaries have not been distributed, which is more than (900 billion dinars). Therefore, the total amount of unpaid salaries in the ninth cabinet is; (6 trillion 300 billion) dinars "7 full salaries" + (1 trillion 701 billion) dinars "9 salaries with 21% deduction" + (162 billion) dinars "1 salary with 18% deduction" + (900 billion) dinars salaries  of June 2023 = (9 trillion 63 billion) dinars.

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Masrour Barzani admitts that the KRG had many shortcomings

 Kurdistan Region Prime Minister Masrour Barzani held a meeting with a number of citizens of the Kurdistan Region in Erbil, in which he answered their questions and discussed many outstanding issues with them. During the meeting Masrour Barzani admitted that the KRG had many shortcomings, but he insisted there have been outside forces attempting to sabotage the Region “Some of these crises were created, partly at the local level, or rather by those whose interests were violated or who felt their interests were endangered, and that’s why they oppose our government,” Barzani noted that, “many parties outside the Kurdistan Region tried to put economic, legal and security pressure on this government so that we could not succeed in our tasks. Now I can assure you that many of these crises have passed, but we still have to face some of them with your help.”

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Turkey extends flight ban on Iraqi Kurds' Sulaimaniyah airport over alleged PKK support

Amberin Zaman, Al-monitor Turkey on Monday extended a flight ban to Iraqi Kurdistan’s Sulaimaniyah International Airport for six months, Kurdistan Regional Government (KRG) officials confirmed, in a move that will further squeeze the region’s economy and physically isolate it from the West. The extension was first reported by the Iraqi Kurdish news outlet Rudaw, citing officials from Turkey’s national carrier, Turkish Airlines. The initial ban was announced in April and imposed for three months on the grounds that the airport had become a hub for activities of the outlawed Kurdistan Workers Party (PKK). The Turkish Kurdish group, whose top commanders are based in Iraqi Kurdistan, has been orchestrating its armed campaign against the Turkish military from the Iraq-Iran border since the early 1990s.   Sulaimaniyah is under the control of the Patriotic Union of Kurdistan (PUK), the second most influential party in the Kurdistan Region of Iraq, which has traditionally enjoyed close ties with the PKK. Qubad Talabani, whose older brother Bafel runs the PUK, traveled to Ankara in April in a bid to appease Ankara, but apparently to little effect. The PUK is clearly not living up to Ankara’s expectations to restrict and provide actionable intelligence on the PKK’s activities in the Sulaimaniyah region. The Kurdistan Democratic Party (KDP), which leads the KRG, is, on the other hand, closely allied with Turkey and supports its ongoing military campaign against the PKK. Thousands of Turkish troops are deployed across KDP-held territory close to the Turkish border where the bulk of the rebels are based. Officials of the Syrian Democratic Forces (SDF) are not permitted to use the Erbil airport to travel abroad in keeping with Ankara’s wishes. KRG Prime Minister Masrour Barzani, whose father, Massoud, leads the KDP, became the first foreign dignitary to pay Turkish President Recep Tayyip Erdogan a formal visit following his election victory in May. Ankara insists that the Sulaimaniyah airport has been used to smuggle in weapons destined for the rebels, who used it to travel between Iraq and the outside world. The airport was also used by officials from the US-backed Kurdish administration in northeast Syria, notably Mazlum Kobane, commander in chief of the SDF. The Kurdish-led force is the United States’ main ally in the ongoing campaign to degrade and destroy the Islamic State in northeast Syria. Turkey says that the SDF is part of the broader PKK network and is demanding that the United States scotch its partnership with the group. In April, Turkey targeted Kobane and his convoy, which was also carrying US military officials, near the Sulaimaniyah airport in a drone strike just days after sealing its airspace to flights bound to and from there. Kobane had just returned from a trip to the United Arab Emirates to lobby for its support, as first reported by Al-Monitor. Kobane has kept a low profile ever since, and security measures in northeast Syria have been tightened dramatically. Yet Turkey continues to pick off SDF and PKK-linked individuals in drone strikes both in Iraq and Syria. PKK-led groups are under stronger pressure than ever before, said a Western analyst who spoke anonymously to Al-Monitor following a recent trip to northeast Syria. Bilal Wahab, a senior fellow at the Washington Institute for Near East Policy, views the continued ban as part of a broader trend whereby regional powers Turkey and Iran as well as the central government in Baghdad are engaging the PUK and KDP as individual actors rather than as representatives of a unified KRG — a trend that has been accelerated by the sharp divisions between the Iraqi Kurdish parties themselves. “The KRG as a unified governing entity is being undone. Part of it stems from the KDP-PUK divisions, which are inviting regional powers to deal with the PUK and the KDP separately,” Wahab told Al-Monitor. As such, the flight ban is a further example of Turkey having a KDP and a PUK policy, where one is punished and the other rewarded. “This also tracks with how Baghdad treats the KRG,” Wahab added. Despite its close ties to the KDP, Turkey has failed to allow the resumption of Iraqi and Kurdish oil sales through a pipeline network that runs from KDP controlled territory to export terminals on its Mediterranean coast. Turkey sealed the line on March 25 after an international arbitration court ordered Turkey to pay Baghdad $1.5 billion in damages for enabling the KRG to sell its oil independently of Baghdad. The closure is costing the KRG an estimated $1 billion in monthly revenues that is used to pay 80% of public sector salaries. Turkey is holding out in a bid to pressure Baghdad to drop a separate arbitration case.    

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The Kurdistan Region's Share in the Iraqi Budget and the Financial Cleansing of the Past Six Months

Draw Media A delegation from the Kurdistan Regional Government (KRG) is scheduled to go to Baghdad to discuss how to send the Kurdistan Region's share of the Iraqi budget law and the financial cleansing of the past six months of revenues with the Iraqi Ministry of Finance. The Kurdistan Region's financial entitlements for salaries are about (906) billion dinars monthly and (5 trillion 436 billion) dinars annually, in addition to the provincial development budget and other expenditures. For the financial cleansing of the past six months, the Kurdistan Region must return (oil for the first three months of 2023, 50% of the revenue from border points, commercial bank loans, 400 billion dinars loan) to Baghdad. The budget law came into force after it was published in the Waqaii newspaper, because the budget law has (retroactive effect) so it will be counted from January 1, 2023. The delegation of the Ministry of Finance visited Baghdad before the Eid al-Adha holidays, in order to discuss the details of the implementation of the budget law and the share of the past six months.  Finally, the budget law was approved by the Iraqi parliament and published in the Waaqii newspaper, and went into effect immediately. Articles 11, 12 and 13 of the budget law are specific to the Kurdistan Region, in addition to several other items in the budget. According to the budget law: • In the event of payment of 100% of the financial entitlements of the Kurdistan Region as stated in the budget law, the average entitlements of the Kurdistan Region in the budget will be (18 trillion and 310 billion) dinars, that is, (1 trillion and 526 billion) dinars monthly. • In return for receiving this financial entitlement, the Kurdistan Region will bear financial obligation and must return (1 trillion 210 billion) dinars monthly to Baghdadi according to the budget law. According to this equation, the Kurdistan Region will receive 1.526 trillion dinars from Baghdad and return 1.210 trillion dinars to Baghdad, which means each month 310 billion dinars remain for the Kurdistan Region.

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