'Lack of jurisdiction'
Federal court dismisses Kurdistan teachers’ complaint over promotions freeze
BAGHDAD — The Iraqi Federal Court has declared it lacks jurisdiction over appeals concerning the promotion of civil servants in the Kurdistan Region. This ruling comes after promotions for civil servants in the region have been stalled since early 2016.
Najmedin Mohammed, representing the teachers affected by the suspension, conveyed to 964media that the Federal Supreme Court’s determination is seen as favorable for Kurdistan Region’s civil servants. He explained that the court’s decision implies that once an electronic payment system is implemented, the procedures for promoting civil servants in the region will align with those in the rest of Iraq.
Despite this interpretation, the Federal Court explicitly noted in its decisions that the matter is beyond its jurisdiction.
The controversy started over eight years ago when teachers and civil servants in the Kurdistan Region began demanding the initiation of promotion processes, alongside calls for regular salary payments and compensation for overdue wages. These demands have been highlighted during various protests, particularly in the Sulaymaniyah and Halabja regions.
The appeal, lodged by nine teachers against the halt on promotions, called for the Kurdistan Regional Government’s Prime Minister and Finance Minister to enforce Federal Civil Service Law No. 22 of 2008, particularly articles 6, 7, 8, and 9, to kickstart the promotion process for the region’s civil servants.
Mohammed added that since the appeal’s filing last June, they have made 13 trips to Baghdad to engage with the court and various political and parliamentary figures, aiming to secure the rights of teachers and civil servants.
The Kurdistan Regional Government has expressed intentions to begin promotions several times but has cited financial crises, delayed salary payments from Baghdad, and ongoing disputes between Erbil and Baghdad as reasons for the promotion delays. This standstill is viewed as an injustice by the region’s civil servants, leading to dissatisfaction and complaints filed against the KRG in Baghdad.
Previously, the KRG has critiqued Federal Court decisions as unconstitutional attempts to undermine the region’s autonomy, particularly in matters like oil revenue sharing, direct salary payments from Baghdad, election laws, the reduction of parliamentary seats, and the implementation of a multi-district electoral system over a single district one. However, the Federal Court’s latest stance may be perceived positively by the Kurdistan Regional Government, despite the complexities surrounding jurisdiction and authority.