Parties must unite to draft constitution: Kurdistan's parliamentary speaker

ERBIL, Kurdistan Region – Kurdistan’s parties need to come together to reach agreements before a draft constitution is written, Kurdistan Region’s Parliament Speaker Rewaz Fayaq has told Rudaw.

In an interview with Rudaw on Sunday, Fayaq said that three key issues: namely the future of territories disputed  between Erbil and Baghdad, proposed styles of governance and debates over a secular or religious constitution have created a deadlock between political parties, despite a constitutional committee being formed earlier this year. 

“We have visited all the political parties, and then we visited the Regional President and asked him to have all the political parties meet with him so that they come to an agreement over the disagreements [about the constitution],” Fayaq said.

The Kurdistan Region does not currently have a constitution, instead governed by a series of run by laws, instructions and norms. 

Iraq’s 2005 constitution is adopted by the Region for many aspects, but is run by a different governance system. A hybrid presidential-parliamentary system, where the balance of power is with the President of the Region, is in place.

The regional parliament appointed a committee in mid-2019 consisting of 21 MPs, legal experts and minority representatives, to draft a constitution. It was given 90 days, now expired, to a draft a constitution. 

Fayaq called for the renewal of its mandate. 

“One has to be realistic. I know that if parties don’t come to an agreement then the committee, whether it is 21 individuals or 25, won’t be able to prepare a draft,” Fayaq conceded.

In 2009, academics, legal and constitutional experts all prepared a draft of a Kurdistan Region constitution, sending it to the regional  parliament. The draft, however, remained deadlocked in the parliament for a number of reasons, mainly disagreements between parties.

The disagreements then revolved around mainly the topic of a future governance system: whether it should be parliamentary or presidential-based.

The ruling Kurdistan Democratic Party (KDP), whose President Masoud Barzani was then the President of Kurdistan Region, favored a presidential system, while the opposition Gorran (Change) Movement pushed for a parliamentary system, claiming that would prevent authoritarianism and dictatorship taking root in the Region.

In 2015, Asayesh (Security) forces belonging to the KDP who control the capital of Erbil, prevented the Parliament’s Speaker, Gorran’s Yousif Mohammed, and Gorran ministers in the Kurdistan Regional Government (KRG) from entering Erbil, de-facto closing the parliament until near the end of 2017.

Although the parties are now on good terms, the governance issue is still disputed. 

The main issue now revolves the status of disputed territories, and whether or not they should be included within the borders of the Kurdistan Region.

“We can’t relinquish the Kurdistan areas outside of the Region’s control, Kirkuk, Khanaqin, and Shingal,” Fayaq asserted.

The Kurdistan Region currently consists of four provinces, Erbil, Duhok, Sulaimani, and Halabja, as also defined by the Iraqi constitution. However, Baghdad and Erbil also lay claim to lands in Kirkuk Diyala, Saladin, and Nineveh Provinces.

These areas underwent a process of 'Arabization' by the former Baath regime.  Article 140 of Iraqi constitution was set to resolve their status in a popular referendum by no later than 31 December, 2007, but the article was never implemented.

“If we do put this [include disputed territories in the Kurdistan Region], some people will come and say this is against the 2005 [Iraqi] constitution,” revealed Fayaq.

“The other thing is whether we continue to depend on Article 2 of 2005 [Iraqi] constitution as the source of legislation or formulate something else,” Fayaq added.

Per the Article, laws that contradict the established provinces of Islam cannot be enacted.

“Islam is the official religion of the State and is a foundation source of legislation,” reads Article 2 of the Iraqi constitution.

Both the Kurdistan Region and Iraq are religiously diverse, home to multiple faith groups including Yezidis, Christians, Yarsanis and Mandaeans, among others. Article 2 of the constitution has always been a source of criticism, but Kurdistan Region’s Islamist parties have argued for its inclusion in a future constitution.

The talks on constitutional amendment in Kurdistan region comes at a time when Baghdad and Iraqi political parties mull amendments to the federal constitution  to meet the demands of protesters who have rocked cities across the south since October. 

Talk of change to the 2005 constitution in Baghdad has provoked worry  among many Kurdish political figures, who believe it to be a milestone  in the acquisition of greater rights for Iraq’s biggest ethnic minority after the brutal rule of Saddam Hussein.

Kurds believe that the 2005 constitution is not flawed, but its incomplete implementation of the constitution has created instability  in Iraq.

Kurds alongside Iraqi Shia and Sunnis, were an essential part of the committee which wrote the Iraqi constitution, supervised by  the US after the fall of Saddam Hussein. Kurds consider the Iraqi  constitution as the document in which the rights of Kurds and  Kurdistan region is preserved.