Election candidates debate formation of Kurdistan Region's constitution

ERBIL, Kurdistan Region - With only days to go in the campaigning period, candidates in the parliamentary elections debated long-standing issues of enacting a constitution for the Kurdistan Region, citing the absence of a formal legal framework as a key factor hindering governance and the rule of law.

Two years after the 2003 invasion of Iraq by the United States, a majority of voters among Arabs, Kurds and other components overwhelmingly supported a new constitution for the country.

Article 120 of the Iraqi constitution allows the Kurdistan Region to have its own constitution, provided it does not contradict the federal constitution. Since then, Kurdish political parties have struggled to agree on drafting a regional constitution.

During Rudaw’s Chwar Bazna (Four Constituencies) program on Sunday, Shwan Rabar, a Kurdistan Justice Group (Komal) candidate, criticized the ruling parties for failing to establish a constitution despite holding power. 

"They [the ruling parties] should blame themselves. They are the majority," Rabar said during the program hosted by Sangar Abdulrahman.

Rabar said the parties are reluctant to create a constitution because it would limit their authority.

While Islam is recognized as the state religion in the Iraqi constitution, Rabar said it is not explicitly stated in drafts for the Kurdistan Region's constitution. 

The 2009 draft of the Kurdistan Region's constitution aligned with Article 2 of the Iraqi constitution, stating Islam is the official religion and no law may contradict Islamic principles

Komal, formerly known as the Kurdistan Islamic Group, announced in 2021 that they would reject any constitution in the Region containing fewer Islamic principles than those specified in the Iraqi constitution.

Mohammed Hawdiani, a candidate from the Kurdistan Islamic Union (KIU), argued that the lack of a constitution in the Kurdistan Region has enabled political parties with armed wings to operate beyond the law and exploit essential state institutions.

"The absence of a constitution has allowed the armed political parties in the Kurdistan Region to work outside the laws and constitution to play rough and exploit some of the essential apparatuses in this country," he said.

He added that the Kurdistan Region’s Peshmerga, local security forces (Asayish), and intelligence agencies are under the control of political parties, describing that as “the biggest obstacle to the freedoms of civilians.” 

The KIU candidate highlighted the potential benefits of establishing a constitution, particularly regarding foreign relations: "If we had a constitution, even international organizations' dealings with the Kurdistan Region might be healthier and more proper."

Luqman Wardi, a candidate from the Patriotic Union of Kurdistan (PUK), emphasized that the absence of a constitution "has put the standing of the Kurdistan Region in international spheres under question."

"[I]t is through the constitution that the rights, duties, and privileges of citizens are defined," he said.

Kurdistan Democratic Party (KDP) candidate Bzhar Khalid attributed the Region's lack of a constitution to "a lack of a serious will from all the political sides and forces," political instability, and a failure to view the constitution as a "national achievement."

He insisted "no one is as eager as Party [the KDP] to [establish a constitution]."

In 2021, Kurdistan Region President Nechirvan Barzani requested the parliament and the Kurdistan Regional Government’s (KRG) Council of Ministers form a committee to finalize the constitution. However, efforts have repeatedly stalled due to political disagreements.

Academics and legal experts prepared a draft constitution for the Kurdistan Region that was submitted to the Kurdistan Region’s parliament in 2009, but disputes emerged over certain articles and it never passed as.

The Kurdistan Region currently relies on a series of laws, instructions, and norms as a substitution for the constitution. It also heavily relies on the Iraqi constitution for numerous issues, especially those related to crime.