In a recent statement, the Kurds promised to “boycott parliament and government” if the oil and gas law presented to parliament by the government is indeed passed by parliament. The Kurds say they object to new changes to the draft, which include giving the prime minister a somewhat stronger role in the projected oil and gas council, but also involves a slightly different decision-making mechanism on contracts: In the latest version of the bill, contracts signed by regional authorities are invalid unless they are specifically approved by the oil and gas council with a two-thirds majority; conversely, in the old draft, such contracts would automatically be valid unless they were actively struck down by the council, again with a two-thirds majority. In other words, the ability of regional authorities to push through their own contracts is more restricted in the newest draft. Last, but certainly not least, the latest draft indicates a stronger role for the ministry of oil in arranging licensing rounds also in the regional-government areas, which was seen as an exclusive competency of the regional authorities in the previous draft.
Constitutionally speaking, then, the latest “Maliki draft” (as it is already referred to by its opponents) is not that much different from the previous version. The creation of the federal oil and gas council recurs in all versions of the draft, albeit with a slightly stronger prime ministerial role in the latest one. True, there are real differences in article 18 second regarding the procedure of approving contracts, but again this is a gradual change from the last version. Perhaps the most dramatic intrusion on what some see as regional rights is the designation of a role for the oil ministry in arranging licensing rounds for the regional entities (article 14), which pro-federal politicians no doubt will see as infringement on the implicit residual right for the regions (and governorates) to sign deals for “future” fields in the constitution (only “existing” fields are specifically mentioned as falling within the exclusive jurisdiction of the central government). Of course, article 112 second of the constitution can be construed as giving the right to the ministry to get involved in all fields one way or another as far as “strategic policy” is concerned, but critics will probably argue that the involvement of the central government both at the contracting stage as well as at the decisive review stage in the oil and gas council means excessive interference.
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