Cosmina Craciunescu

Conflict Analysis and Management

Secessionist Movements in the Middle EastIraqi Kurdistan

Does Secession Represent a Viable Solution to Civil Strike?Are the wars worth the effort?

Iraqi Kurdistan

Overview

Since 2005, Iraq1 recognizes an autonomous Kurdistan2 region in

the north of the country. That region is run by the Kurdistan

Regional Government3. It seems that the current situation is the

outcome of decades of political and military efforts that were

made to secure the self-rule by the Kurdish minority, who are

estimated to be more than 6 million, and make up between 17 and

20% of the population in Iraq.1 A country located in the Middle East, bordering Turkey to the North, Iran tothe East, Kuwait to the Southeast, Saudi Arabia to the South, Jordan to theSouthwest and Syria to the West; the capital is Baghdad, being the center ofthe country and the largest city.2 An autonomous region of Iraq largely dominated by the Kurdish population;the use of this name refers to large parts pertaining to Eastern Turkey,Northern Iraq, Northwestern Iran, and Northeastern Syria, inhabited mainly byKurds3 The official ruling body of the predominantly Kurdish region of NorthernIraq, referred to as Iraqi Kurdistan.

The Kurds live in a compact area that reaches from Syria in the W

to Iran in the E and Iraq in the South – North through Turkey,

and into the states of the former Soviet Caucasus.

Description of the Situation

Only in Iraq, the Kurds managed to set up a stable government in

recent times.

The Problem is that an insurgency by the Sunni Islamist groups

coming from the West and central Iraq are threatening the unity

of Iraq. This aspect, according to BBC, makes greater

independence for the Kurdistan region. On the other hand, the

government plans to hold a referendum. This action may also raise

the danger of conflict with their neighbors, who are afraid that

the example provided will affect their Kurdish minorities.

The Parties involved in the Conflict

The parties involved in the conflict are the Kurds from Iraq and the Iraqi Islamist Groups (Sunni4)

4 The second largest religious body and the largest religious denomination forany religion in the world.

Timeline of the Conflict

1918 – Ottoman Empire is defeated during WWI – British forces

occupy Mosul. Kurdish populated areas are ruled by the British.

1919 – The city of Mosul is added to the newly founded Iraqi

state

1920 – The Treaty of Sevres is signed by the defeated Ottoman

government – Article 64 of this Treaty gives the Kurds that live

in Mosul the possibility of joining an independent Kurdistan

1923 – Shaykh Mahmud Barzinji goes against the British rule;

declares a Kurdish kingdom. Kemal Ataturk’s Turkish Republic

gains international recognition with the Treaty of Lausanne.

1924 – Sulaymaniyah falls to the British forces

1932 – Uprising in the Barzan region to protest on the fact that

Iraq was admitted to the League of Nations – Kurdish demands for

autonomy are ignored

1943 – Mullah Mustafa Barzani leads an uprising – gains control

over areas of Irbil and Badinan

1946 – Aug – the British RAF bombing forces Kurds over the border

into Iran. They join the Iranian Kurds led by Qazi Mohamed who is

known to have founded an independent Kurdish state in the Mahabad

area. The Mahabad republic eventually collapses under the attack

of the Iranian forces.

1951 – A new generation of Kurdish nationalists revives the KDP.

Barzani is nominated President; the real leader of the KDP is

Ibrahim Ahmad who is known to favor ties with the Iraqi Communist

Party.

1958 – Overthrow of the Iraqi monarchy; Kurdish nationalists

organize openly; a new Iraqi constitution recognizes the rights

of the Kurdish; Barzani returns from exile.

1960 – The relations between the Iraqi government and the Kurdish

groups are affected; KDP complains because of increasing

repression

1961 – The KDP is dissolved by the Iraqi government after the

Kurdish rebellion in northern Iraq.

1970 – In March – the Iraqi government and the Kurdish parties

agree to a peace to a peace accord/treaty. This accord eventually

grants Kurds autonomy. It also recognizes Kurdish as an official

language, and the Constitution states that the Iraqi people is

made of two nationalities – Arabs and Kurds

1971 – Relations between the Kurds and the Iraqi government

deteriorate. The leader appeals for aid from the US

1974 – March – the Iraqi government imposes a draft of the

autonomy agreement. Allows the KDP to respond in 2 weeks; Barzani

rejects the agreement and calls for a new rebellion

1975 – March – Algiers Accord between Iran and Iraq – puts an end

to the Iranian support for the Kurdish uprising. Barzani

withdraws from politics

June - Jalal Talabani, a former leading member of the KDP,

announces the establishment of the Patriotic Union of Kurdistan

(PUK) from Damascus.

1978 - Clashes between KDP and PUK forces leave many dead.

1979 - Mullah Mustafa dies, his son Massoud Barzani takes over

the leadership of the KDP.

1980 - Outbreak of war between Iran and Iraq. KDP forces work

closely with Iran, but the PUK remains hostile to cooperation

with Tehran.

1983 - An Iranian counterattack opens a northern front in Kurdish

northern Iraq. With support from KDP fighters, Iranian troops

take the key town of Hajj Umran. Human rights organizations say

Iraqi troops killed around 8,000 men from the KDP leader's home

area of Barzan in revenge.

PUK agrees to a ceasefire with Iraq and begins negotiations on

Kurdish autonomy.

1985 - Under increasing Iraqi government repression, the

ceasefire begins to break down. Pro-Iraqi government militia men

kill Jalal Talabani's brother and two nieces.

1986 - Iranian government sponsors a meeting reconciling the KDP

and PUK. Now both major Kurdish parties are receiving support

from Tehran.

1987 - Jalal Talabani and Massoud Barzani join forces with a

number of smaller Kurdish factions to create the Kurdistan Front.

1988 - Iran-Iraq war draws to a close

Iraqi forces launch the "Anfal Campaign" against the Kurds.

Tens of thousands of Kurdish civilians and fighters are killed,

and hundreds of thousands forced into exile, in a systematic

attempt to break the Kurdish resistance movement.

Thousands of Kurdish civilians die in a poison gas attack on the

town of Halabjah near the Iranian border. Human rights watchdogs

and Kurdish groups hold the Iraqi regime responsible.

1991 March - After the expulsion of Iraqi troops from Kuwait in

March 1991, members of the pro-government Kurdish militia, the

Jash, defect to the KDP and PUK, but the uprising grinds to a

halt and US-led forces refuse to intervene to support the rebels.

Around 1.5 million Kurds flee before the Iraqi onslaught, but

Turkey closes the border forcing hundreds of thousands to seek

refuge in the mountains.

 April - Coalition forces announce the creation of a "safe haven"

on the Iraqi side of the border. International aid agencies

launch a massive aid operation to help the refugees. Meanwhile,

Jalal Talabani and Massoud Barzani open negotiations with Saddam

Hussein on autonomy for Kurdistan.

July - Talks continue in Baghdad, but Kurdish peshmerga5 forces

take control of Irbil and Sulaymaniyah, in defiance of Iraqi

government orders.

October - Fighting between Kurdish and Iraqi government forces

breaks out in earnest. Saddam Hussein fortifies the border of

Kurdish-held northern Iraq and imposes a blockade.

1992 May - Elections held in areas under Kurdish control give KDP

candidates 50.8% of the vote, while the PUK takes 49.2%. The two

parties are equally balanced in the new Kurdish government.

September - Newly-established Iraqi National Congress (INC),

which brings together a wide-range of Iraqi opposition groups,

meets in Salah-al-Din in the Kurdish-held north. KDP and PUK

representatives take part.

1994 May - Clashes between KDP and PUK forces spill over into

outright civil war. The PUK captures the towns of Shaqlawah and

Chamchamal from the KDP.

1996 May - UN agrees "Oil-for-Food" programme with Baghdad; 13%

of the proceeds from Iraqi oil exports are earmarked for the

three northern governorates, which are largely under Kurdish

control.

5 Largely improvised military forces of Iraqi Kurdistan; it is divided andcontrolled separately by the Democratic Party of Kurdistan and the PatrioticUnion of Kurdistan; both pledge allegiance to the Kurdistan RegionalGovernment.

 August - Masoud Barzani appeals to Saddam Hussein for help to

defeat the PUK.

 September - With the help of Iraqi government troops, KDP forces

seize the northern city of Irbil and take the PUK stronghold of

Sulaymaniyah. A new KDP-led government is announced at the

parliament building in Irbil.

October - PUK forces retake Sulaymaniyah.

1997 January - PUK announces a new government based in

Sulaymaniyah. Both the PUK and KDP claim jurisdiction over the

whole of the Kurdish-controlled north.

1998 September - Jalal Talabani and Masoud Barzani sign a peace

agreement in Washington, but government of the Kurdish region

remains split between the two rival administrations.

2000 November - In a letter to the United Nations secretary-

general, the PUK accuses the Iraqi government of expelling

Kurdish families from Kirkuk.

2001 September - Fighting breaks out between the PUK and the

Islamic fundamentalist group Jund al-Islam, later renamed Ansar

al-Islam.

2002 June - PUK and KDP officials take part in joint discussions

with other Iraqi groups aimed at coordinating the work of the

opposition in the event of a US-led military campaign against

Iraq.

October - Joint session of the Kurdish parliament convenes in

Irbil. KDP and PUK parliamentarians agree to work together during

a "transitional session" until new elections can be held.

2003 February - US Secretary of State Colin Powell accuses Iraqi

Kurdish Islamist group Ansar al-Islam of playing a pivotal role

in linking Osama Bin Ladin's al-Qaeda network with the Iraqi

regime

- Kurdish leaders reject proposals to bring Turkish troops into

northern Iraq as part of a US-led military campaign to oust

Saddam Hussein. Anti-Turkish demonstrators take to the streets of

Kurdish towns.

- Failure of a parliamentary bill allowing US troops to deploy on

Turkish soil hits American plans to open a northern front against

Iraq.

2003  3 March - KDP and PUK create a "joint higher leadership" in

the Kurdish-held north, under the chairmanship of the two party

leaders, Massoud Barzani and Jalal Talabani.

 20 March - US-led coalition forces invade Iraq and begin

bombardment of Baghdad and other cities. Mosul and Kirkuk near

the Kurdish enclaves come under heavy fire.

 22 March - Coalition forces launch Cruise missile attack on

bases held by Ansar al-Islam in the north. Dozens killed in the

headquarters of the Islamic Group, an unrelated radical Islamist

faction when a missile hits the Khormal area.

27 March - Hundreds of US paratroopers land near Irbil,

signalling the opening of a northern front in the war on Iraq.

 9 April - US forces advance into central Baghdad. Saddam

Hussein's grip on the city is broken. In the following days

Kurdish fighters and US forces take control of the northern

cities of Kirkuk and Mosul.

 July - Interim governing council (IGC) meets for first time.

Saddam's sons Uday and Qusay killed in gun battle in Mosul.

2004 1 February - At least 56 people die and more than 200 people

are injured after a double suicide bombing at the offices of the

two main political Kurdish parties in the northern city of Irbil.

Several senior political figures are among the dead.

2005 January - An alliance of Kurdish parties comes second in

Iraq's landmark national election, sending 77 deputies to an

interim parliament.

 April - PUK leader Jalal Talabani is elected as interim Iraqi

president by MPs.

 May - At least 50 people are killed in a suicide bomb attack on

police recruits in Irbil.

June - First session of Kurdish parliament held in Irbil; KDP's

Massoud Barzani is president of autonomous region.

 December - News that a foreign firm has begun drilling for oil

in the Kurdish north sparks new fears of secession among Iraqi

Sunni leaders. Kurdish authorities later report a "major

discovery" of oil.

2006 September - Massoud Barzani orders the Iraqi national flag

be replaced with the Kurdish one in government buildings. But

Iraq's Prime Minister Nuri al-Maliki says: "The Iraqi flag is the

only flag that should be raised over any square inch of Iraq."

September - Five blasts caused by one suicide truck bomb and four

car bombs kill 23 people in Kirkuk.

2007 April - The head of Turkey's military says his country

should launch an operation against Kurdish guerillas based in

northern Iraq.

 May - The Kurdish regional government takes over responsibility

for security in the three Kurdish provinces from the US forces.

July - Human Rights Watch gives details of torture and abuse in

prisons run by the Kurds in the Kurdish area of northern Iraq.

August - At least 300 people are killed in a series of bomb

attacks on members of the Kurdish Yazidi sect in northern Iraq.

 September - Iran shells rearbases of Kurdish rebels in Iraqi

Kurdistan.

Iran closes its border with Iraqi Kurdistan to protest at the

detention of an Iranian by US troops.

 October - Turkish parliament gives go-ahead for military

operations in Iraq in pursuit of Kurdish rebels. Turkey comes

under international pressure to avoid an invasion.

December - Turkey launches air strikes on fighters from the

Kurdish PKK movement inside Iraq.

2008 February - Turkish forces mount a ground offensive against

PKK Kurdish rebel bases in northern Iraq.

September - Iraqi parliament passes provincial elections law.

City of Kirkuk, claimed by Kurdistan Region, is excluded from

provisions of law until its status is settled.

2009 April - Turkish warplanes bomb PKK Kurdish rebel positions

in northern Iraq after Turkey accused the group of killing

Turkish soldiers in two attacks.

June - The Kurdish government begins crude oil exports to foreign

markets. Contractors are to pump 90,000-100,000 barrels a day

from two northern oilfields to Turkey. The central government is

allowing its pipeline to be used in return for a share of

revenues.

 July - Massoud Barzani is re-elected as president of Kurdish

autonomous region.

Ruling two-party coalition wins parliamentary election, but with

reduced majority. Recently-formed group Change Movement (Gorran)

wins 25 seats in 111-seat regional parliament.

2011 February - Public protests against corruption and power held

by KDP and PUK start in Sulaymaniyah city, heartland of

opposition Change Movement; at least two protestors killed.

August and October - Turkey launches air and ground assaults on

PKK militants in Iraqi Kurdistan.

2012 April/May - Oil exports from Iraqi Kurdistan are halted amid

a row with central government over contracts with foreign firms.

The region says it expects to start exporting oil via a new

pipeline to the Turkish border in 2013.

 June - Turkish air force strikes at Kurdistan Workers' Party

(PKK) rebel bases in northern Iraq days after eight Turkish

soldiers are killed in a PKK attack in southern Turkey.

 September - Turkish air force says it kills 25 PKK rebels in

further strikes on bases in northern Iraq.

 December - Jalal Talabani, Iraq's Kurdish president, suffers a

stroke. He undergoes treatment in Germany and makes progress.

2013 April - At least 31 people are killed and more than 200

others wounded in explosions in cities across the country,

including Kurdistan.

 May - Flood of refugees from Syria prompts authorities to shut

the border temporarily.

 June - Iraqi cabinet holds a meeting in Iraqi Kurdistan in a

symbolic effort to reduce tensions over a range of political and

economic disputes.

September - Regional parliamentary elections provide an upset to

the government, as the opposition Change Movement wins 24 seats,

pushing Iraqi President Jalal Talabani's Patriotic Union of

Kurdistan (PUK) into third place. The Kurdistan Democratic Party

(KDP) of regional President Massoud Barzani remains the largest

bloc with 38 seats.

2014 May - Kurdistan officially markets its first pipeline oil,

despite opposition from the government in Baghdad.

 June - As the Sunni coalition led by the hardline Islamists of

ISIS (The Islamic State in Iraq and the Levant) seizes control of

much of Anbar Province and the approaches to Baghdad, Peshmerga

forces of the Kurdistan government capture the oil city of Kirkuk

- long regarded as the capital of the Iraqi Kurds.

July - President Barzani announces plans for an independence

referendum this year, given that Iraq is "effectively

partitioned".

August - Islamic State conquers several Kurdish-held towns.

US jets support Kurdish Peshmerga forces by striking jihadist

positions.

Islamic State defeat Peshmerga forces defending town of Sinjar,

prompting an exodus by people of the Yazidi religious sect.

US, Iraqi government supply Peshmerga fighters with weapons to

help them battle Islamists.

Territories

Iraqi-Kurdistan – or Southern Kurdistan – the autonomous border

region of Iraq. It borders the Kurdish regions of Iran to the

east, Turkey to the North and Syria to the West, along with the

rest of Iraq to the South. The regional capital is Erbil and the

region is governed by the Kurdistan Regional Government.

Located in the Middle East the territory of Kurdistan is largely

disputed.

Iraq is located in the Middle East, bordering the Persian Gulf,

between Iran and Kuwait. The geographic coordinates are 33

degrees to the North, 44 degrees to the East, having a total of

438,317 square kilometers, from which the land is of 437,367 sq.

km, and the water is of 950 sq. km.

Natural Resources: petroleum, natural gas, phosphates, sulfur.

Demographics

Ethnic Groups: Arabs: 75% - 80%; Kurdish: 15-20%; Turkoman,

Assyrian and other: 5%

Population: 32,585,692 (as of July 2014)

Age structure: 0-14 yrs: 36,7% - predominantly male; 15-24 yrs:

19,6% - more males; 25-54 yrs – 36,3% - more females; 55-64 yrs

– 4.2% - more females; 65 yrs and over – 3.2% - predominantly

females (as of 2014)

The median age: 21.5 yrs

Birth Rate: 26.85 births/ 1,000 population

Death Rate: 4.57 deaths/ 1,000 population

Migration Rate: 0 migrants/ 1,000 population

Urban population: 66.5% of the total population, with a 3.05

annual rate of change; Major urban areas – Baghdad – the capital

city – 6,036 million, Mosul – 1,494 million; Erbil: 1,039

million, Basra – 942,000; As Sulaymaniyah – 867,000; Najaf

Languages:

Official languages: Arabic and Kurdish; other languages or dialects: Turkmen, Assyrian, Armenian

Religion:

Official religion – Muslim (99%); Shia 60-65%; Sunni 32-37%;

Christian 0.8%; other religions being represented by very few

people: Hindu, Buddhist, Jewish, unaffiliated and others.

Most Kurds are Sunni Muslims, and one-fifth are Shi’ite Muslims,

most of whom live in Iran. Many of the Kurds belong to Sufi

brotherhoods. They meet to chant and dance together to worship

Allah. There are about 1 million Kurdish Alawis in Turkey and

40,000 to 70,000 Yazidis living mostly in Armenia and Azerbaijan.

Yazidism is a small religion that combines aspects of Islam,

Judaism and Christianity.

Political Structure and Political Parties

Since 1992, the Kurdistan Regional Government (KRG) has been

based in Arbil. The KRG has a parliament, elected by popular

vote, called the Kurdistan Parliament and a cabinet composed of

the KDP6, the PUK7 and their allies (Iraqi Communist Party,6 Kurdistan Democratic Party7 Patriotic Union of Kurdistan

the Kurdistan Socialist Democratic Party etc.). Structurally and

officially, the two parties exhibit few differences from each

other. Both of their international organizations are similar and

both have a similar structure of authority. Nechirvan Idris

Barzani, Masoud’s nephew, was prime minister of the KRG from 1999

to 2009, including presiding over the first KDP-PUK unified

cabinet from 2006 to 2009.

Masrour, Masoud’s son, is now in the Political Bureau.

Nechirvan, as Prime Minister, spearheaded unprecedented social

and economic reforms, including attention to violence against

women, improvements in infrastructure, and a focus on the private

sector and foreign investment. He has also been at the forefront

of the rapprochement with Turkey and the active development of

oil and gas fields in the Region. According to Bruinessen8, the

traditional structure of Kurdish social and political

organization was inherently tribal, with a tribe being a socio-

political unit with distinct territorial limits and membership

based on kinship. Tribal power is widespread in Arbil and Dahuk.

And one must recognize the cultural differences between Arbil

and Sulaymaniyah to understand the political nature of the

region.

After the 2003 invasion of Iraq, Kurdish politicians were

represented in the Iraqi Governing Council. On January 30, 2005

three elections were held in the region:

1) for Transitional National Assembly of Iraq8 A Dutch anthropologist and author.

2) for Iraqi Kurdistan National Assembly and

3) for provincial councils.

 The Law of Administration for the State of Iraq for the

Transitional Period recognized the autonomy of the Kurdistan

Regional Government during the interim between "full sovereignty"

and the adoption of a permanent constitution.

The Kurdistan Regional Government has constitutionally

recognized authority over the provinces of Arbil, Dahuk, and

Sulaymaniyah.

Elections for the Kurdistan National Assembly are held every

four years. The latest elections for the parliament of

Kurdistan were held on 21 September 2013. The leading political

alliance was the Kurdistani List which consisted of the two main

political parties, PUK which held 18 seats and the PDK which held

32 seats. The newer and less popular competing movement,

the Gorran List ("Gorran" means "change" in Kurdish) headed

by Nawshirwan Mustafa won 24 seats, a quarter of all

parliamentary seats. The Gorran List had a strong showing in the

city of Sulaymaniyah and the Sulaymaniyah governorate, which was

previously considered PUK's stronghold.

In the presidential election, Masoud Barzani was appointed

President and won another term in 2009 by gaining 70% of votes.

Dr. Kamal Miraudeli came second with approximately 30% of votes.

Elections for the governorate councils are held every four

years, however the last ones being held in 2005. Each council

consists of 41 members.

Political Parties:

Badr Organization, Da’wa Party, Da’wa Tanzim, Fadilah Party,

Goran List, Iraqi Covenant Gathering, Iraqi Constitutional Party,

Iraqi Front for National Dialogue, Islamic Party (IIP), Iraqi

Justice and Reform Movement; Iraqi National Accord (INA); Iraqi

National Alliance; Iraqi National Congress; Iraqi National

Movement; Iraqi Unity Alliance; Islamic Supreme Council of Iraq;

Kurdistan Alliance; Kurdistan Democratic Party or KDP; Kurdistan

Islamic Group; Kurdistan Islamic Union; Future National

Gathering; National Iraqiyun Gathering; National Movement for

Reform and Development; National Reform Trend; Patriotic Union of

Kurdistan (PUK), Sadrist Trend, Sahawa al-Iraq; State of Law

Coalition, United Coalition

Institutions

Peshmerga is the term used by Kurds to refer to armed

Kurdish fighters; they have been labelled by some as freedom

fighters. Literally meaning "those who face death" (pêşfront

+ merg death e is) the Peshmerga forces of Kurdistan have been

around since the advent of the Kurdish independence movement in

the early 1920s, following the collapse of

the Ottoman and Qajar empires which had jointly ruled over the

area known today as Kurdistan.

The Peshmerga fought alongside the US Army and the coalition

in the northern front during Operation Iraqi Freedom. During the

following years, the Peshmerga played a vital role in security

for Kurdistan and other parts of Iraq. Not a single coalition

soldier or foreigner has been killed, wounded or kidnapped in

Kurdistan since the invasion of Iraq in 2003. The Peshmerga have

also been deployed in Baghdad and al-Anbar governorate for anti-

terror operations.

The Kurdistan Region is allowed to have its own army under

the Iraqi constitution and the central Iraqi army is not allowed

to enter the Kurdistan Region by law.

Human rights and civil rights

In 2010 Human Rights Watch reported that journalists in

Kurdistan who criticize the regional government have faced

substantial violence, threats, and lawsuits, and some have fled

the country. Many journalists faced trial by political figures

because of their reports and threatening to jail them if continue

doing reports about the corruption in the region.

Human Rights Watch reported that female genital cutting is

practiced mainly by Kurds in Kurdistan; reportedly 60% percent of

Kurdish women population have undergone this procedure, although

the KRG claimed that the figures are exaggerated. Girls and women

receive conflicting and inaccurate messages from public officials

on its consequences.  British lawmaker Robert Halfon sees

Kurdistan as a more progressive Muslim region than the other

Muslim countries in the Middle East. 

Although the Kurdish regional parliament has officially

recognized other minorities such

as Assyrians, Turkmen, Arabs, Armenians, Mandeans, Shabaks and Ye

zidis, there have been accusations of Kurdish discrimination

against the aforementioned minorities. The Assyrians have

reported Kurdish officials' reluctance in rebuilding Assyrian

villages in their region while constructing more settlements for

the Kurds affected during the Anfal campaign. After his visit to

the region, the Dutch politician Joël Voordewind noted that the

positions reserved for minorities in the Kurdish parliament were

appointed by Kurds as the Assyrians for example had no

possibility to nominate their own candidates. The Kurdish

regional government has also been accused of trying

to kurdify other regions such as the Assyrian Nineveh

plains and Kirkuk by providing financial support for Kurds who

want to settle in those areas. The KRG defend their actions as

necessary compensation for the hundreds of thousands of Kurds

that have been forced out of the same areas by previous Iraqi

governments.

Human Rights Watch reported that female genital cutting is

practiced mainly by Kurds in Iraqi Kurdistan, reportedly 60%

percent of Kurdish women population have undergone this

procedure, although the KRG claimed that the figures are

exaggerated.

Girls and women receive conflicting and inaccurate messages

from public officials on its consequences. The Kurdistan

parliament in 2008 passed a draft law outlawing the practice, but

the ministerial decree necessary to implement it, expected in

February 2009, was cancelled. As reported to the Centre for

Islamic Pluralism by the non-governmental organization Stop FGM

in Kurdistan, the Kurdistan Regional Government (KRG) in northern

Iraq, on 25 November, officially admitted the wide prevalence in

the territory of female genital mutilation (FGM).

Recognition by the KRG of the frequency of this custom among

Kurds came during a conference program commemorating the

International Day for the Elimination of Violence against

Women. On 27 November 2010, the Kurdish government officially

admitted to violence against women in Kurdistan and began taking

serious measures. 21 June 2011 the Family Violence Bill was

approved by the Kurdistan Parliament, it includes several

provisions criminalizing the practice.

Minority rights in Iraqi Kurdistan

Although the Kurdish regional parliament has officially

recognised other minorities such

as Assyrians, Turkmen, Arabs, Armenians, Mandeans, Shabaks and Ye

zidis, there have been multiple accusations of attempts to

"kurdify" them. The Assyrians have reported Kurdish officials’

reluctance in rebuilding Assyrian villages in their region while

constructing more settlements for the Kurds affected during

the Anfal campaign. After his visit to the region, the Dutch

politician Joël Voordewind noted that the positions reserved for

minorities in the Kurdish parliament were appointed by Kurds as

the Assyrians for example had no possibility to nominate their

own candidates. The Kurdish regional government has been accused

of trying to kurdify other regions such as the Assyrian Nineveh

plains and Kirkuk by providing financial support for Kurds who

want to settle in those areas.

In 2010, it was reported that passing of a new law in Iraqi

Kurdistan, guaranteeing “gender equality”, has deeply outraged

the local religious community, including the minister of

endowments and religious affairs and prominent imams, who

interpreted the phrase as "legitimizing homosexuality in

Kurdistan". Kamil Haji Ali, the minister of endowments and

religious affairs, said in this regard that the new law would

“spread immorality” and “distort” Kurdish society.

Legislative, Executive and Judiciary System – The Government

The conventional long form of the name is the Republic of Iraq, and the short form is Iraq.

The Legislative:

The Government type is a Parliamentary Democracy

It has 18 governorates and one region – as administrative

divisions

The Legal system – mixed legal system of civil and Islamic law

Suffrage – to all the citizens who are over 18 years of age

Unicameral Council of Representatives (325 seats consisting of

317 members elected by an optional open-list and representing a

specific governorate.

A proportional representation system, with 8 seats reserved for

the minorities. The members serve 4-years terms

The Constitution of Iraq calls for the establishment of an upper

house, called the Federation Council.

Elections: are held every 4 years

The Executive:

The Chief of State – President Jalal Talabani

Head of the Government - Prime Minister Nuri al-Maliki

Cabinet – The Council of Ministers – consisting of a Prime

Minister and the Cabinet Ministers; the proposals of the Prime

Minister have to be approved by an absolute majority vote by the

Council of Representatives.

The Elections – the President is elected by a Council of

Representatives to serve a four year term

The Judiciary:

The Highest court - the Federal Supreme Court – consisting of 9

judges, and the Court of Cassation – consisting of a court

president, 5 vice-presidents and 24 judges

The Federal Supreme Court and the Court of Cassation – the judges

are appointed by the Higher Juridical Council – being a 26 member

independent committee of judicial officials

The FSC members are appointed for life

The Court of Cassation Judges are appointed for 1 year

probationary period; upon satisfactory performance may be

confirmed for permanent tenure until retirement.

The Subordinate Courts: the Courts of Appeal; courts of first

instance, court of personal status, labor court, criminal court,

juvenile court and religious courts.

Secession Project – Iraqi Kurdistan

Economy – Analysis

Economy of Iraq (Mother Country)

Largely dominated by the oil sector, that provides more than

90% of government revenue and 80% of foreign exchange earnings.

Iraq boosted its oil exports to a 30 year high of 2.6 barrels per

day. There was a significant increase from Iraq’s average of 2.2

million in 2011.

The global oil prices remained persistently high for much of

2012. The contracts of Iraq with the major oil companies have the

potential of expanding oil exports and revenues. Iraq still needs

to make significant upgrades to its oil pipeline, processing and

export infrastructure in order to enable these deals to achieve

their maximum economic potential.

The Iraqi Kurdistan Region or the autonomous Kurdistan

Regional Government passed its own oil law in 2007 and has

directly signed about 50 contracts in order to develop the Iraqi

Kurdistan’s energy reserves.

The government of Iraq is eager to attract additional

foreign direct investment, but it seems that it faces a long

series of obstacles, to include an unstable political system and

society, along with the question of security.

Unemployment remains a big concern for the area and the

country as a whole. Encouraging private enterprise through

deregulation would ease the start of new businesses for the Iraqi

citizens and foreign investors.

Economy of Kurdistan (The Seceding Country)

With regard to the economy of the Kurdistan region, its

growth rate was of 12% in 2012, and reached a growth of 8% in

2013.

The Region has a GDP of over $23.6 billion and the per

capita income is of $4.452. Almost 55% of all the investment in

Iraq is taking place in the Kurdistan Region. During the first

quarter of 2013, according to the Ministry of Trade and Industry

Reports, more projects were underway in Kurdistan, than were

completed in all of 2012.

There was also a great improvement at the level of

infrastructure, with 36% of all the projects being authorized in

the last two years, as the Region is granted increased licensing

authority.

According to the Investing Group, 594 of the projects were

authorized, housing is currently the largest sector. Now the

focus is centralized on agriculture, tourism and industry. The

industry constitutes 22% of the investment – with 136 projects;

tourism – 101 projects, constituting 17% of investment; trading -

87 projects constituting 14.6% of investment. The agriculture

sector has 23 projects making up 3% of all investment.

Overview of Iraq’s Economy – According to the Central Intelligence Agency – The

World Factbook

GDP (Gross Domestic Product) – (PPP) Purchasing Power Parity:

$249.4 billion (2013); $239.3 billion (2012); $220.7 billion

(2011)

GDP - Official Exchange Rate: $221.8 billion (2013 est.)

GDP – Real Growth Rate: 4.2 % (2013 est.); 8.4% (2012); 8.6%

(2011)

GDP per capita (PPP): $7,100 (2013); $7,100 (2012); $6,800 (2011)

GDP by sector: Agriculture: 3.3%; Industry: 64.6%; Services:

32.1% (2013)

Agriculture: wheat, barley, vegetables, rice, cotton, cattle,

sheep, poultry

Industries: chemicals, petroleum, leather and textiles,

construction materials, food processing, metal fabrication.

Industrial Production growth rate: 6.9% (2013)

Labor force: 8.9 million (2010)

Labor Force by Occupation: Agriculture: 21.6%; Industry: 18.7%;

Services: 59.8% (2008)

Unemployment: 16% (2012); 15% (2010)

Population below poverty line: 25% (2008)

Household income by percentage share: lowest 10%: 3.6%; highest

10%: 25,7% (2007)

Budget: Revenues: $99.2 billion; Expenditures: 97.42 billion

(2013)

Taxes: 44.9% of GDP (2013)

Budget surplus or deficit: 0.9 % of GDP (2013)

Inflation rate: 2% (2013); 6.1% (2012)

Central Bank Discount Rate: 6% (both 2012 and 2011)

Commercial Bank Prime Lending Rate: 6% (both 2013 and 2012)

Stock of Narrow Money: $62.33 billion (2013); $54.68 billion

(2012)

Stock of Broad Money: $74.81 billion (2013); $64.74 billion

(2012)

Stock of Domestic Credit: $-3.902 million (2013); $-3.981 million

(2012)

Market value of publicly traded shares: $4 billion (2011); $2.6

billion (2010); $2 billion (2009)

Current account balance: $12.85 billion (2013); $29.54 billion

(2012)

Exports: $91.99 billion (2013); $94.21 billion (2012)

Crude oil 84%; crude materials (to exclude fuels, food, live animals)

Partners: US 21.1%, India 20.2%; China 13.6%; South Korea 11%; Canada 4.7%; Italy 4.4%; Spain 4.2% (as of 2012)

Imports: $66.61 billion (2013 est.); $50.16 billion (2012 est.)

Commodities: food, medicine, manufacture

Partners: Turkey 27.5%; Syria 16.2%; China 12.5%; US 5.2%; South

Korea 4.7%

Reserves of foreign exchange and gold:

$71.24 billion (December 31, 2013 est.); $70.33 billion (December

31, 2013 est.)

Debt – External: $ 59.49 billion (December 31, 2013);

Exchange rates: Iraqi dinars/ US Dollar: 1,166 (2013); 1,166.17

(2012); 1,170 (2010); 1,176 (2008)

Iraq

2014 2015 2016

US GDP 2.3 3.3 2.5OECD GDP 1.8 2.4 2.3World GDP 2.3 2.9 2.9World trade 3.4 5.1 5.3

Inflation Indicators

2017 2018 2019

US CPI 2.3 2.5 2.0

OECD CPI 2.0 2.0 1.8

Manufactures (measured in US$) 1.8 1.0 1.3

Oil (Brent; US$/b) 88.1 93.8 92.4

Non-oil commodities (measured in US$) 3.0 3.3 3.0

GDP/capita:

Industrial output

Iraq Business Last Previous Highest Lowest Unit

Industrial Production 2.20 2.10 49.37 -28.60 percent

Iraqi Kurdistan

GDP: $23.6 billion

GDP/ capita: $4.452

Industrial output: Imports account for 85% of the estimated

annual external trade in Kurdistan.

Trade:

The largest external trading partner is Turkey, as Turkish

exports to Iraq amounted to US $2.8 to 3.5 billion in 2007.

In 2007 Iraq exported $2.8 billion worth of goods to Iraq. $1

billion of that was imported via the Kurdistan Region of Iraq.

The multitude of external and internal hurdles that the Kurdistan

Region is facing impede the industrial capacity for development.

It lacks a coherent trade and industry policy, as well as facing

issues in telecommunications, sustainable production, efficient

and transparent government agencies, along with a business

oriented framework. With regard to the external hurdles, we may

mention the high cost of technology transfer, increasing

protection of agriculture production, along with the limited

access to international supply chains and the information on the

external markets.

Political Systems – Comparison – Iraq vs Iraqi Kurdistan

Political Systems – Comparison

Cosmina Craciunescu

MA – Conflict Analysis and Management

Conflict Theory and Analysis

Iraq Versus Iraqi Kurdistan

Political Systems

Iraqi Government

The Republic of Iraq – President Fuad Masum; Head of Government –

Prime Minister Haider al-Abadi; A parliamentary democracy

The Constitution was adopted in 2005.

The Iraqi Political System

The Republic of Iraq – a parliamentary democracy9

18 governorates under its rule: Muhafazah, Parezhakan, Al

Anbar, Al Basrah, Al Muthanna, Al Qadisiyah, An Najaf, Erbil,

Hewler, As Sulaymaniah, Slemani, Babil, Baghdad, Dahuk, dihok,

Dhi Qar, Diyala, Karbala, Kirkuk, Kurdistan Regional Government,

Maysan, Ninawa; Salah ad Din, Wasit.

The governorates that pertain to the Kurdish area are:

Parezgakan, Hewler, Slemani, Dihok, Dhi Qar, Diyala, Karbala,

Kirkuk, Kurdistan Regional Government, Maysan, Ninawa, Salah ad

Din, Wasit.

9 Democratic form of government in which a party with the greatestrepresentation in the parliament forms the government, its leader becomingprime minister or chancellor.

Iraq - The Legislative Body and the Executive Body

There are 250 members in the National Assembly, which is a

unicameral parliament, that were elected in a 59 multi-member

constituencies by absolute majority vote. 30 seats were allotted

to the Northern provinces – pertaining to the Kurdish population.

Women acquired the right to vote and to be elected in 1980.

There are currently 18 female parliamentarians, making up for

7.2% of the total members in the National Assembly.

Voting

The last Presidential elections took place in 2002. Saddam

Hussein is the only elected President, and he had no counter-

candidates. He won with 100% vote, the popular votes amounting

for 11,445,638.

According to the Constitution, Articles 49 – 6210

The Council of Representatives, the Legislative Body and Elections

Article 49

The Council of Representatives shall consist of a number of

members at a ratio of one seat per 100,000 Iraqi persons. They

shall be elected through a direct secret general ballot.

A candidate to the Council of Representatives must be a fully

qualified Iraqi

10 Constitution of Iraq

A law shall regulate the requirements for the candidate, the

voter and all that is related to the elections.

The elections law shall aim to achieve a percentage of

representation for women of not less than a quarter of the

members of the Council of Representatives

The Council of Representatives shall promulgate a law dealing

with the replacement of its members upon resignation, dismissal

or death.

Members of the Council of Representatives are not to combine

their membership with any other official position.

Article 50

Each member of the Council of Representatives shall take the

constitutional oath before the Council assuming his duties and

responsibilities

Article 51

The Council of Representatives shall establish bylaws to regulate

its work

Article 52

The Council of Representatives shall decide by a two thirds

majority the authenticity of membership of its member within 30

days from the date when an objection was filed

The decision of the Council of Representatives may be appealed

before the Federal Supreme Court within 30 days from the

issuance11

Article 53

Sessions of the Council of Representatives are public

Article 55

The Council of Representatives shall select its speaker, the

first and the second deputy, by an absolute majority of the total

number of the Council – members elected by direct secret ballot12

Article 56

The electoral term of the Council of Representatives shall be

four calendar years and the new Council of Representatives shall

be elected 45 days before the conclusion of the preceding

electoral term

Article 57

The Council of Representatives shall have one annual term with 2

legislative sessions lasting 8 months

Article 58

11 Idem12 Ibidem

The President of the Republic, the Prime Minister, the Speaker

of the Council of Representatives of 50 members of the Council of

Representatives may call the Council in an extraordinary session.

Article 59

The Council of Representatives quorum shall be made by a simple

majority after quorum is achieved

Article 60

The Draft laws shall be presented by the President of the

Republic and the Council of Ministers

The proposed laws shall be presented by ten members of the

Council of Representatives or by one of its specialized

committees.

Article 61

The Council of Representatives shall be competent in enacting

laws, monitoring the performance of the executive authority,

electing the President of the Republic, Regulating the

ratification process of international treaties and agreements by

a law, by a two thirds majority of the members of the Council of

Representatives; approving the appointment of the following: the

President and the members of the Federal Court of Cassation, the

Chief Public Prosecutor, and the President of the Judicial

Oversight Commission by an absolute majority, along with

Ambassadors and those with special grades, the Iraqi Army Chief

of Staff.13

Questioning the President of the Republic based on a petition

with cause by an absolute majority

Relieving the President of the Republic based on a petition with

cause by an absolute majority of the Council of Representatives

after being convicted by the Federal Supreme Court in the case of

perjury of the constitutional oath, violating the Constitution or

high treason

The Council of Representatives may withdraw confidence from one

of the Ministers by absolute majority and he shall not be

considered resigned from the date of the decision of withdrawal

of confidence. A vote of no confidence in a Minister will be held

only if he requested it or if there are 50 members to sign the

request.

To consent to the declaration of war and the state of emergency

by a two thirds majority based on a joint request from the

President of the Republic and the Prime Minister.

The state of emergency shall be declared for a period of 30 days,

which can be extended after approval each time14

The Prime Minister shall be delegated the necessary powers which

will enable him to manage that affairs of the country during the

period of the declaration of war and the state of emergency.

13 Constitution of Iraq14 Idem

The Prime Minister shall present to the Council of

Representatives the measures taken and the results during the

period of the declaration of war and the state of emergency

within 15 days from the date of its end.

Article 62

The Council of Ministers shall submit the draft general budget

bill and the closing account to the Council of Representatives

for approval;

The Council of Representatives may conduct transfers between the

sections and the chapters of the general budget and reduce the

total of its sums, and it may suggest to the Council of Ministers

that they increase the total expenses when necessary15.

Iraqi Kurdistan - Legislative and Executive Body

15 Ibidem

The Kurdish provinces – Sulaymaniyah, Arbil and Dohuk are

currently under Baghdad’s central authority after the Gulf War

(1991). They benefit from a large autonomy with a regional

parliament that is based in Erbil.

Speaker of the Parliament – Dr. Arsalan Baiz

The Parliament is consisting of one chamber with 3 main

functions:

- To examine the proposals for new laws

- To scrutinize government policy and administration

- To debate on major issues that are of national and

international concern

Founding principles: pluralism, accountability, inclusiveness,

openness and representation of all peoples in the Kurdistan

Region.

Kurdistan Parliament - founded in 1992 during the first free and

fair elections ever held in the Kurdistan Region or in any part

of Iraq.

In 2009 there were some amendments made to the law in order to

provide inclusiveness for all groups when it comes to the issue

of election.

The minimum age for parliamentary candidates was lowered from 30

to 25, and the minimum quota of female parliamentarians rose from

25% to 30% of the legislature. Christian and Turkmen also

received 5 seats each in the Parliament16.

Parliamentary elections – held every 4 years.

Any citizen that is aged 18 or over, who is a citizen of the

Kurdistan region and is also on the electoral register is

eligible to vote in a direct, universal and secret ballot.

Powers of the Parliament

Debating and legislating on policy in: health, education,

security, environment, natural resources, housing, agriculture,

industry, social services, transportation, tourism and culture,

sports and leisure time, as well as ancient monuments and

historic buildings.

The legislative power is shared with the federal authorities when

it comes to customs, electric energy, distribution, internal

water resources and general planning.

Article 121 of the Iraqi federal constitution – the Kurdistan

parliament has the right to amend the application of Iraq-wide

legislation that falls outside the federal authorities’ powers.

Art. 21:

16 Constitution of Iraqi Kurdistan

1. Any citizen who has reached 18 years of age shall have the rightto vote in any election or referendum organized in the area of their residence within the Region of Kurdistan17.

2. Any citizen who has reached 18 years of age shall have the right

to hold public office.

3. Freedom of residence, movement and travel shall be guaranteed,

within the limits of the law.

4. Every citizen shall have the right to submit a complaint or

petition with the authorities of the Region, who may not refuse to

accept it. Whoever has submitted a complaint or petition has right

to receive a prompt response. A refusal to deliver said response,

or a delay in arriving at the response with no legal justification

shall entail legal responsibility

Art. 39

The Authorities of the Iraqi Kurdistan Region shall be comprised of:

First: the Legislative Authority (Kurdistan Parliament)

Second: the Executive Authority.

Third: the Judicial Authority18.

Art 40

Kurdistan Parliament shall be the legislative authority, and it

shall be the authority for settling decisive issues affecting the 17 Idem18 Ibidem

people of the Kurdistan Region. Members of the Parliament shall be

elected directly by secret ballot in a free and general election.

Art. 41

1. The law shall determine the manner used to elect the members of

the Kurdistan Parliament – Iraq, the timing of the election, how

the election is conducted, and the proportion of representation.

2. Fair representation of all geographic localities, ethnic and

religious groups shall be taken into consideration when organizing

a system for electing members, as well as guaranteeing that no less

than 30% of the seats in the Kurdistan Parliament be reserved for

women representatives.

3. A Member of Parliament shall represent all the groups that make

up the people of Iraqi Kurdistan, regardless of their political,

ethnic and religious affiliation, or his or her electoral district.

Art. 42:

1. The Parliament shall be elected for a term of four years,

starting from the day of its first assembly.

2. The Parliament shall convene at the invitation of the President

of the Kurdistan Region, within fifteen days of the announcement of

the final election results. If an invitation to convene is not

issued, then the Parliament shall convene automatically at 12p.m on

the day following this fifteen day period.

Art. 43:

The Parliament shall hold its first session under the chairmanship

of its oldest member, and shall elect by secret ballot a Speaker, a

Deputy Speaker, and a Secretary General chosen from its members.

Art. 44:

Before assuming their duties, Members of Parliament shall take the

following Constitutional oath19.

Art. 45:

Upon taking the Constitutional oath, a Member of Parliament shall

be considered to have resigned from his position. He shall have the

right to return to that position, or to a similar one, at the end

of his term in Parliament. The length of the term served as a

Member of Parliament shall be taken into account for purposes of

promotion, advancement, seniority and retirement.

Art. 46:

A Member of Kurdistan Parliament may not serve simultaneously as a

member in the Federal Parliament, in local and municipal councils,

or in the civil service. A Member of Parliament shall be dedicated

exclusively to parliamentary work; and shall be forbidden from

practicing any other profession while serving in Parliament.

Art. 47:

19 Constitution of Iraqi Kurdistan

1. Parliament shall hold two sessions a year, each lasting four

months. Parliamentary rules of procedure shall define how these

sessions are held.

2. The Parliamentary session in which the general budget is

proposed shall not be concluded until the budget is approved. Based

on the request of the President of the Kurdistan Region, of the

Speaker of the Parliament of Kurdistan, or the President of the

Council of Ministers, or twenty-five Members of Parliament, a

Parliamentary session may also be extended for a period not

exceeding thirty days to complete other tasks whose importance

requires such an extension.

Art. 48:

An absolute majority of the Members of Parliament shall constitute

a quorum. Resolutions shall be issued by a majority vote of those

in attendance, unless Parliamentary law or procedure specify

otherwise. If equal votes are cast, the President of the Parliament

shall cast the deciding vote20.

Art. 49:

Ten Members of Parliament, or a competent Parliamentary committee,

may introduce bills or draft resolutions to Parliament.

Art. 50:

20 Idem

1. A Member of Parliament may question the Prime Minister, his

Deputy, and the Ministers regarding matters that concern the

Council of Ministries. Parliamentary law and procedure shall

organize the questioning of these officials.

2. Ten Members of Parliament may request to interpellate the Prime

Minister or the Members of the Council of Ministers. The

interpellation shall not take place until eight days after the date

on which the request for the interpellation arrived at the Prime

Minister's office. If the interpellation results in a request for a

motion of no-confidence in the Prime Minister, or one of the

Ministers, the motion shall be passed by the agreement of two-

thirds of the Members of Parliament in the case of the prime

Minister, and by the agreement of an absolute majority of the

Members of Parliament in the case of a Minster.

Art. 51:

The President of the Parliament, the Deputy President, the

Secretary General, and the Members of the Parliament shall be

entitled to rights and privileges which ensure their independence

and their livelihood. Such rights and privileges shall be fixed and

regulated by law21.

Art. 52:

Parliamentary law and procedure shall determine and regulate the

details of Parliament's work processes, and the manner in which its

21 Idem

ordinary and extraordinary sessions are held, organized and

conducted. Parliamentary law and procedure shall also address the

situations in which membership is terminated, and how vacant seats

should be filled.

Art. 53:

The Parliament shall exercise the following powers, in addition to

any other powers which the laws in force in the Region have

delegated to it

1. Settle decisive issues affecting the people of Kurdistan, by a

vote of a majority of two-thirds of its members.

2. Approve proposed constitutional amendments, according to Article

120/fourth of this Constitution.

3. 1- Legislate, amend and repeal laws in all matters in Kurdistan,

except for issues that lie wholly within the exclusive legislative

jurisdiction of the Federal Authorities, according to Article 110

of the Federal Constitution.

2- Approve the entry into force of federal laws in the Kurdistan

Region, and amend their application, in accordance with the law.

However, laws that lie wholly within the exclusive legislative

jurisdiction of the Federal Authorities, according to Article 110

of the Federal Constitution, shall be exempt from this process, and

shall be applied in the Region upon their entry into force

according to the provisions of the Federal Constitution22.

4. Take measures to impeach the President or Vice President of the

Kurdistan Region, by the agreement of a majority of two-thirds of

Parliament's members, on account of perjury of the constitutional

oath, serious violation of the Constitution, or high treason.

5. Pass a motion of confidence in the Council of Ministers or vote

of no confidence. To pass a motion of no confidence in the Prime

Minister shall be by a majority of two thirds of the members of the

Parliament and in a minister by absolute majority of its members23.

6. Monitor the activities of the executive branch, and hold the

Prime Minister, the Deputy Prime Minister, and the Ministers

accountable, in accordance with parliamentary law and procedures.

7. Approve the general budget for Kurdistan and its final accounts;

transfer among sections; and approve expenditures not referred to

in the budget.

8. Approve general development plans.

9. Levy, amend, annul, or grant exemptions to taxes and duties.

10. Settle, by an absolute majority vote of those present, the

validity of a Member of Parliament's membership. This decision

22 Idem23 Ibidem

shall be subject to appeal before the Region's Constitutional Court

within thirty days of the date on which it is issued.

11. Put in place Parliamentary rules of procedure, appoint

Parliamentary staff and employees and fix their salaries, and

estimate the Parliament's budget.

12. Form permanent, temporary, and investigative committees.

13. Confirm, by an absolute majority of its members, the nomination

of members to the Constitutional Court for the Kurdistan Region.

14. Confirm, by an absolute majority of its members, the nomination

of the heads of the independent Authorities and Commissions listed

in Article 107 of this Constitution.

Art. 54:

The Parliament may not relinquish its legislative authority, except

as stipulated in the seventh paragraph of Article 65 of this

Constitution.

Art. 55:

1. Members of Parliament shall enjoy Parliamentary immunity, and

may speak freely within the boundaries outlined in Parliamentary

procedure.

2. The freedom of Members of Parliament may not be restricted, nor

may they be put under surveillance without the approval of

Parliament.24

3. Except in cases of flagrante delicto, members of Parliament may

not be prosecuted, interrogated or searched; their residences and

offices may not be searched; nor may they be apprehended by any

authority while Parliament is in session without prior

authorization from Parliament.

4. Except in cases of flagrante delicto, members of Parliament may

not be prosecuted, interrogated or searched; their residences and

offices may not be searched; nor may they be apprehended by any

authority while Parliament is not in session without prior

authorization from the President of the Parliament.

Art. 56:

1. Parliament may dissolve itself by the approval of a majority of

two-thirds of its members.

2. The President of the Region shall issue a decree to dissolve

Parliament in the following situations:

1- Resignation of more than half of the Parliament's members.

2- Failure to achieve quorum for a Parliamentary meeting within sixty

days of the date on which Parliament was invited to convene after

being elected.

24 Kurdistan Constitution (Draft)

3- Parliament's failure to pass a motion of confidence to three

different and successive proposed cabinets.

Art. 57:

If Parliament is dissolved, or its electoral term comes to an end,

a decree should be issued to hold the elections and determine the

date of the elections within 15 days from the date of dissolution

or ninety days period preceding the end of its electoral term,

provided that to be hold no later than ninety days following the

dissolution or be within ninety days prior to the end of its

electoral term date.

Art. 58:

If Parliament is dissolved based on the provisions of Article 56

of this Constitution, or if Parliament's electoral term comes to

an end, and new elections are delayed or unfeasible due to

extraordinary circumstances, Parliament shall remain in session

and continue to perform its duties and exercise its constitutional

authorities until a new Parliament is elected and its first

session held. In this case, the decree dissolving Parliament shall

be considered suspended until elections for the new Parliament are

held.25

Kurdistan Draft Constitution - 2009

25 Kurdistan Constitution (Draft)

Corruption

Corruption is a very serious issue in Iraq, and there are news

of officials who were charged with this crime. It is punishable by

law, and the officials that get involved in these actions that go

public are sentenced in prison for a couple of years, usually from

7 to 10. It is also stipulated that there are many efforts made in

order to end corruption in Iraq.26

For Iraqi Kurdistan, which lacks a constitution (and only has

a draft from 2009), the officials and other senior political

leaders can exercise unchecked, arbitrary power. Corruption was

widely enabled by the absence of accountability and a free press.

The abuses and mismanagement also increases as days go by.

Nepotism is yet another issue, as it is widespread, as the

Prime Minister is the nephew of the President, and the President’s

son, who is scarcely qualified is the head of the local

intelligence services27. Other relatives of those in power are at

the command of the Special Forces, also holding key positions in

ministries and executive offices. They are also known to have

monopolized the areas of telecommunications, trade, constructions,

and the Iraqi Kurds welcomed Iraq’s liberation, arguing that the

presence of US will help at the construction and solidification of

democracy for the Kurdistan region28.

26 http://www.iraqinews.com/tag/corruption/

27 http://www.meforum.org/1703/iraqi-kurdistans-downward-spiral 28 Idem

Does secession represent a viable solution to civil strike? Are the wars worth the

effort?

In my opinion, for the case of Iraqi Kurdistan, secession

represented a viable solution to civil strike. Because of this

secession, the potential for conflict was minimized and Iraqi Kurdistan

is almost to the point of independence, as they developed their own

Parliament and economy. It will take more years for Kurdistan to

achieve complete independence though, because from an economic point of

view, they are still bound to Iraq and the other countries that

surround the area.

Even though both countries share the same beliefs and system,

Kurdistan wants to be regarded as an independent entity in the

international arena.

With regard to the wars, I would say that they are both worth and

not worth the effort. The supporting argument would be that of

Kurdistan being able to gain its independence and recognition as a

single entity, which is a positive aspect for the future of the

country. And this would be put in more idealistic terms. The problem

appears when we face the reality of Kurdistan, given the fact that it

still has a lot to achieve, in my opinion, in order to face the

pressures of the international environment. The good part is that some

important steps were already taken in order to achieve independence. It

is imperative for this country to find its balance in order to be

strong and achieve recognition.

The opposing argument would come from the fact that during an armed

conflict, plenty of resources are lost, and Kurdistan cannot afford yet

to go through a major conflict. In my opinion, what Kurdistan needs is

a period of peace and stability, where it will be able to fully

develop. The key factor is the achievement of an economic stability. If

these issues would come to be resolved, then Kurdistan for sure would

be able to keep its independence for a long time.

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