MESOP COMMENTARY BY SARDAR AZIZ – The Kurdish Constitution: A Struggle for Power / FIKRA FORUM

After more than twenty years of autonomous rule, the Kurdistan Regional Government of Iraq (KRG) remains unbound by a constitution of its own. Instead, the region relies on two major legal sources for governance: the Iraqi constitution and the KRG’s 2009 draft constitution, neither of which have legitimate state authority. If Kurdistan cannot establish a constitution soon, its current legal limbo could add to the political ambiguity already engulfing the Middle East.Since the 1990s, the KRG has controlled the region of Iraqi Kurdistan through an unmandated yet elected parliament. To remedy this situation, the parliament of Kurdistan created a draft constitution in 2009 to decrease its reliance on the Iraqi constitution. While the draft received parliamentary approval, political disagreement prevented the constitution from being formally ratified.

Presently, the six year old draft fails to reflect Kurdistan’s political changes and its voters’ aspirations. Political, social, and economic shifts in the region have shaped the electorate’s present concerns, which must be recognized in a new, official constitution.

However, ratifying a formal constitution for the KRG proves easier said than done. After lengthy negotiations, a committee with twenty one members is currently drafting the framework for a permanent constitution. Yet this process has prompted political rifts that are trumping feelings of unity and stalling the draft’s possibility for parliamentary approval.Presidential power is one of the most disputed political sticking points in Kurdish politics today. Kurdish politicians are not only discussing limits on the president’s role, but also debating the more fundamental question of whether Kurdistan should pursue a parliamentary or presidential model of government. While no political party openly opposes the parliamentary system, there are substantial disagreements on whether ultimate power should rest with the parliament or the president, with little guidance on what either term should ultimately entail.This issue has divided the main political parties in the region into two camps. The Kurdistan Democratic Party (KDP), the current president’s party, and its minority party affiliates support a strong president. Meanwhile, the Patriotic Union of Kurdistan (PUK), the highly successful new party Movement for Change (Gorran) and the two smaller Islamic parties argue in favor of a strong parliamentary system, claiming that a parliamentary system is necessary to remedy negative results of authoritarianism.

Obviously, the constitution is—and should be—far broader than the power of the president. And these arguments over the strength of executive and legislative powers reduce what should be a nuanced discussion of a complicated constitutional framing process into this single issue. This one constitutional issue must be quickly resolved so that the Kurdish government can focus on writing and ratifying the whole constitution.

The KRG currently faces a series of major internal and external challenges, from the threat of ISIS to the huge difficulties of transitioning into a fully functional state. In order to survive, the government must develop a stable and cohesive society built on a clear governing mechanism. A modern constitution that embraces and accommodates Kurds’ pressing needs will be the key to the survival of Kurdistan amid a sea of chaos.

Sardar Aziz, a doctorate in Governmental Studies, is a senior adviser to the Kurdish Parliament.