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The Price of Unity: How the Iraqi constitution fails to deliver justice for the Kurdish people

By Kazhan Abdullah

The 2005 ratification of the Iraqi Constitution sought to establish a framework for unity and equality in a diverse nation recovering from years of dictatorial governance and conflict. The promise was made of a federal democratic republic that would uphold the rights of all ethnic and religious groups, with particular consideration for the Kurds, a people of significant historical and cultural importance within Iraq.
Yet, twenty years later, a significant portion of the Kurdish population views the document as a political fantasy, not a guarantor of their rights. A stark reality underlies the discourse surrounding federalism and justice: the Kurdistan Region faces ongoing salary withholdings, blocked oil revenues, and escalating control from Baghdad, thereby threatening its autonomy and future.
In 2005, Kurdish parties agreed to support the new constitution only if it formally recognized the Kurdistan Region as a federal entity with clearly defined rights, namely, control of its natural resources, self-governance, and equitable representation in the national government.
Article 117 of the Iraqi Constitution designates the Kurdistan Region as a federal region. Article 121 grants the KRG authority over the legislative, executive, and judicial branches. Articles 111 and 112, which address natural resource management, stipulate that Iraq’s oil and gas reserves are the collective property of its citizens, necessitating collaborative governance between federal and regional authorities.
Theoretically, this approach was intended to achieve a harmonious partnership. Practically speaking, the result has been sustained conflict, broken promises, and economic blackmail.
The Kurdistan region possesses substantial oil reserves. Erbil, Duhok, and Sulaymaniyah are situated upon some of the region’s most fertile land. Despite this abundance, the Kurdish people remain economically disadvantaged. why?
Notwithstanding constitutional clauses permitting regional oversight, Baghdad has consistently contested the KRG’s authority to independently export oil. In recent years, a federal government mandate has required the transfer of all oil revenues to Baghdad, with a corresponding commitment to provide the Kurdistan Region’s allocated budget share (traditionally around 17%).
These promises are frequently unfulfilled; even when the KRG is compliant, Baghdad regularly delays or withholds the salaries of Kurdish civil servants. For months, families subsist without income, grappling with survival as the exploitation of local oil resources benefits others. This is not a budgetary disagreement; rather, it constitutes a form of political retribution.
Commencing in 2014, the federal government has leveraged public sector compensation as a means of influence. While the Iraqi constitution guarantees a dignified existence, the government’s practice of manipulating salaries contradicts this constitutional provision.
The Kurdish people perceive a threat to their political and cultural liberties, extending beyond mere economic concerns. Despite constitutional guarantees of independence, Baghdad regularly challenges the KRG’s authority on matters including, but not limited to, security, education, and foreign relations.
The KRG is facing a multifaceted assault encompassing military pressure, legal challenges, and economic threats. In actuality, the Kurdistan Region is not treated as a federated partner, but rather as a subordinate province requiring oversight.

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