LEGAL DOCUMENTS

Papers & Agreements

The Paris Agreement between PUK and KDP

The KDP and the PUK delegations met in France July 16-22 in order to settle their differences and discuss the present situation and the future of Iraqi Kurdistan. They have reached agreement on the following:

I. ORGANIZATION OF POWERS

Iraqi Kurdistan shall be administered by a democratic system that will guarantee pluralism, respect for the Universal Declaration of Human Rights and the rights of the national and religious minorities.

1) PRESIDENCY OF IRAQI KURDISTAN

  1. The President of the Iraqi Kurdistan Region is elected by direct universal ballot for a period of 4 years. His powers are defined by the law no. 2 whereby the title of leader is to be replaced by the title of President.
  2. For the interim period before the presidential election, a Presidential Council composed of the Prime Minister, the President of Kurdistan National Assembly, and the President of the Court of Appeals will exercise authorities of the President as defined in law no. 2. The decisions of the Council should be unanimous.
  3. c) This arrangement should be ratified by a parliamentary vote.

2) GOVERNMENT

  1. The Region of Iraqi Kurdistan will continue to be administered by a coalition government until the next elections.
  2. This government shall be broadened in order to include groups as yet not represented such as political parties and national minorities and independent personalities.
  3. The governmental decisions shall be taken within the government and within every ministry without interference from political parties.
  4. The government, after appropriate study, shall be reorganized. The acquired experience will be taken into account to create, eliminate or merge some ministries in order to address the needs of the region in a more effective manner.
  5. The following institutions shall be established:

    -A Council of Civil Service in charge of impartial recruiting of civil servants on the basis of meritocracy.

    -A General Auditing Office in charge of checking the financial management of the Region.

    -A Board of Planning in charge of planning of the regional economy and setting priorities for development.

  6. In the formation of the new government, the principle of balance between the two main parties in number and significance of the ministries shall be maintained.
  7. Inside the government, every minister shall have the totality of the powers granted by law to him/her for the running of the ministry. A deputy-minister shall carry out the powers delegated to him/her by the minister according to the law.
  8. The present administration of Iraqi Kurdistan which has proved inefficient should be substantially reorganized under the supervision of the Council of Ministers. Its personnel should be substantially reduced. Civil servants must be appointed on the basis of their competence and are obliged to observe political neutrality. They must have adequate salaries in order to fight corruption and create a qualified and competent administration.

3) CONSTITUTION

A Constitution for the Iraqi Kurdistan region should be prepared. The Kurdish Institute will being together experts from the existing federal states in order to prepare a draft before the end of October 1994. This draft shall be submitted to the Kurdistan National Assembly which will then ratify and adapt it after due consideration before the end of the year.

4) ELECTIONS

  1. The parliamentary and presidential elections shall take place in May 1995, when the term of the present Parliament expires.
  2. These elections should be preceded by the normalization of the situation.
  3. A census of population should be organized before the elections in order to establish a reliable electoral register.
  4. Elections should be monitored by as many foreign observers as possible.
  5. The leaders of the parties should pledge before the local and international public opinion that they would abide by the result of the elections whatever they may be.
  6. Whatever the outcome of the elections a coalition government will be formed o the basis of the new balance of powers, i.e., the respective representation of each party in the Kurdistan National Assembly.
  7. Municipal elections should be held according to the law. The date of these elections is subject to the agreement between the two parties.

II. DEFENSE AND SECURITY OF THE REGION

1) MILITARY ISSUES

  1. The present system of national defense which has proved inefficient must be substantially reorganized. To this end the Ministry of Peshmerga Affairs should be replaced by a Staff Committee composed of high ranking military officers and placed under the direct authority of the Prime Minister and the deputy Prime Minister.
  2. A unified army in the exclusive service of the Government and in charge of the defense of the Region of Iraqi Kurdistan shall be formed on the basis of the principle of compulsory national service.
  3. In the interim period a substantial and progressive reduction of the Peshmerga forces shall be implemented down to a level jointly agreed.
  4. The militia must be progressively disbanded according to a time table jointly agreed. Solutions shall be proposed for permitting the social reinstatement of their members.
  5. For the practical application of these points of agreement it will be necessary to call in foreign experts.

2) POLICE AND SECURITY SERVICES

  1. Given the importance and urgency of the safety of persons and property in the region, police and internal security should be reorganized quickly and placed under the exclusive authority of the government.
  2. This reorganization should be conducted with the responsibility and the supervision of the Council of Ministers and requires important technical and financed means. Police and security personnel should receive a high level of training and adequate salary in order to allow them to devote themselves fully t their duties.
  3. A police academy should be set up for the training of the police and security forces.
  4. All police and security personnel should receive a special training on the basic principles of civil and democratic conduct and the observation of the human rights and allegiance to the Government.
  5. Foreign experts should be invited to assist the local forces in particular in the field of technical means and training.
  6. A timetable should be set up quickly in order to specify the duration and stages of this is reorganization. A conference of police and internal security shall be convened before the end of August for this reorganization, its timetable and its modalities.
  7. Units and personnel appointed by parties nomination shall be transferred to other governmental services. Recruitment of the required number of the police and security personnel should be through national conscription and enrollment of the university graduates and qualified professional after accomplishing their required training period.

III. ECONOMY AND FINANCES

  1. Given that the adverse economic situation in Iraqi Kurdistan which suffers from a double embargo and the consequence of successive wars and where more than 50% of the workforce in unemployed, is one of the main causes of the recent conflict, a substantial international aid is required for the stabilization of the Region.
  2. This stabilization requires the relaxing of the UN sanctions in order to allow for the purchase of certain equipment necessary for the restablization of the economy, in particular, a refinery to meet the rising demands of the population for energy.
  3. Since international aid has so far gone through the NGOs, the Government has no means of regulating and planning the economy. The regional Government must seek direct aid assistance from the donor countries and agencies to be used to revitalize the region's economy.
  4. The Kurdistan National Assembly should legislate a law defining the framework for the functioning of the local and foreign NGOs as soon as possible.
  5. Customs revenues should go exclusively to the Public Treasury. Parties should present to the Government accounts for the revenue obtained during the periodsince the May 1st 1994. The Government should not make any payment to the parties before customs are placed under its effective control.
  6. Customs services should be reorganized, cleansed from its incompetent elements who will be replaced by civil servants appointed on the basis of their competence and their professionalism, without political considerations.
  7. The bank of the Region should be guarded and protected by the police forces of the Government without parties intervention.

IV. REGIONAL AND FOREIGN RELATIONS

1) RELATIONS WITH THE NEIGHBORING COUNTRIES

  1. The Kurdish administration should offer political asylum to persecuted Kurds provided they do not have military bases inside Iraqi Kurdistan and do not launch cross-border attacks.
  2. While we believe the principle of mutual non-intervention in the internal affairs of Iraqi Kurdistan and neighboring countries, both sides welcome peaceful, democratic solutions to the Kurdish question in these countries.
  3. Any cooperation with the neighboring countries or political parties should not be used by one party against the other, but should be to the benefit of the Kurdish people in Iraqi Kurdistan. In view of this is both parties should inform each other, cooperate with each other and avoid unilateral initiatives at the expense of the Kurds in neighboring countries.

2) REPRESENTATION OF KURDISTAN REGIONAL GOVERNMENT ABOARD

  1. The representative of the KRG is the designated official envoy and shall work and cooperate with his/her deputy in the field of foreign relations.
  2. Party offices and bureaus should not intervene in the work of the representatives of the regional Government concerning foreign affairs.
  3. KRG offices aboard will be established and financed by the Government. However, at the early states the two political parties should finance these offices.
  4. There should be regular periodic meetings among the representatives of the KRG organizations aboard and between the leadership of the two parties.
  5. Hold seminars and briefings and participate in diplomatic training.
  6. an advisory committee comprising professionals and experts on foreign policy should be established to advise the KRG on foreign policy matters.
  7. KRG bureaus in New York and Brussels should be established.

V. TIMETABLE

  1. Normalization: immediately.
  2. Before the end of August 1994, the new Government shall be formed and the presidential Council shall be established.
  3. Census of population will be carried out in October 1994 and an electoral register should be compiled before the end of December 1994.
  4. Experts promised by Mr. Kouchner and other personalities should come to Kurdistan before the census.
  5. Observers and experts for the elections should start to come to Kurdistan long before the elections, if possible as soon as the beginning of 1995.
  6. A draft of the Constitution for the Region will be made ready with the help of experts in October, to be submitted to the Kurdistan National Assembly for ratification before the end of 1994.
  7. The new institutions (General Auditing Office, Council of Civil Servants, Board of Planning) will be set up by the new Government before the end of 1994.

VI. MONITORING AND ARBITRATION

The French and English texts of the present agreement, duly signed in 22 July 1994 in the presence of his Excellency Bernard Dorin, Chancellor of State and Ambassador of France, and Mr. Kendal Nezan, President of Kurdish Institute of Paris, Mr. Fuad Hussein and Mr. Abbas Vali vice-presidents of the Kurdish Institute of Paris and Dr. Najmaddin Karim, the President of KNC, are true originals.

A monitoring and arbitration committee composed of Kurdish and foreign personalities and advisors shall be put in place in order to arbitrate in cases of possible conflicts of opinion in matters related to the interpretation and implementation of this agreement. The composition of this is committee shall be specified before the final signing of the agreement by the two Kurdish leaders, and after consultation with the parties concerned.

Mr. Sami Rahman Mr. Nasherwan Amin

Head of the KDP Delegation Head of PUK delegation