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According to the constitution of Iraq, the Republic of Iraq is composed of federal regions, governorates, as well as local administrations. Article 117 of the constitution recognises Kurdistan Region as a federal region, and as of December 2024, it is the only federal region of the country.

Overview

The post-2005 Iraqi federal model of governance as outlined by the constitution emphasizes decentralization and devolution of power from the federal government to administrative divisions, that is, governorates and regions. Both governorates and regions in Iraq are given the constitutional guarantee to exercise a degree of local self-rule in non-federal matters. One or more governorates in Iraq may organize into a region based on a request to be voted on in a referendum submitted in one of the following two methods: a request by one-third of the council members of each governorate intending to form a region, or a request by one-tenth of the voters in each of the governorates intending to form a region.

Authorities

Section four of the constitution defines the exclusive powers of the Federal government and section five defines the authorities of the federal regions. It does not explicitly describe the federal regions as possessing "autonomy", however. The authorities of the regions are divided into two kinds: shared authorities, that is, authorities that the regions exercise with the federal government such as formulating public educational policy in the regions; and devolved authorities, that is, authorities that are neither of the first kind nor are exclusive federal powers. For instance, the constitution delegates the authority to exercise "executive, legislative, and judicial powers in accordance with Constitution" to federal regions in those matters outside of the federal government's exclusive jurisdiction. Also, in case of dispute, the regions are allowed to either amend the application of federal legislation in the region or (if it pertains to shared authorities) pass their own laws as long as they don't contradict with the constitution. Federal regions are also allowed to establish and organize the internal security forces for the region such as police, security forces, and guards of the regions. Examples of exclusive federal government authorities are ratifying international treaties and formulating foreign policy. Interpreting the constitution, and settling disputes between the federal government, governorates and regions and matters related to constitutionality of all laws are settled by the Federal Supreme Court.

Issues

Lack of commitment to federalism

Federation Council

The constitution stipulates in article 65, that "a legislative council shall be established named the "Federation Council," to include representatives from the regions and the governorates that are not organized in a region. A law, enacted by a two-thirds majority of the members of the Council of Representatives, shall regulate the formation of the Federation Council, its membership conditions, its competencies, and all that is connected with it". This would theoretically serve as the upper house of a bicameral legislature, and facilitate the passing of laws that pertain to issues related to regional and provincial authorities and governance. As of December 2024, the Federation Council has not been created, which entails that the federal model in Iraq has not been completely implemented, i.e. the constitutional guarantee of decentralization has not been fully realized.

Dismantling Kurdistan Region

Since the failed attempt of the only federal region of the country to secede in 2017, it has witnessed a gradual erosion of its authorities. The future of the Iraqi federal model has been questioned as a resurgence of centralism is evident. In February 2022, the Federal Supreme Court of Iraq issued a verdict revoking the regional oil and gas law passed by the Kurdistan Region Parliament on grounds of it being unconstitutional. This officially took effect after Iraq won an international arbitration case at the International Chamber of Commerce in March 2023. Following that, the federal government halted all oil exports from the north of the country, dealing a massive blow to the federal region's economy. In September 2023, (according to a report published by Al-Monitor) the Prime Minister of Iraq's Kurdistan Region, Masrour Barzani sent a private letter to the President of the United States urging him to intervene, stating: "I write to you now at another critical juncture in our history, one that I fear we may have difficulty overcoming. …e are bleeding economically and hemorrhaging politically. For the first time in my tenure as prime minister, I hold grave concerns that this dishonorable campaign against us may cause the collapse of … the very model of a Federal Iraq that the United States sponsored in 2003 and purported to stand by since". In February 2024, the Federal Supreme Court issued two verdicts. In one verdict it ordered the regional government to hand over all of its revenues to the federal government as a precondition to it receiving its annual share of the federal budget. In another verdict, it revoked and amended Kurdistan Region's Election Law, setting a legal precedent for the latter. By amending its legislation the Court effectively superseded the Kurdistan Region Parliament. In January 2024, Kurdistan Region PM Barzani said: “The attacks targeting the Kurdistan Region are deliberate attempts by our enemies, opponents, and traitors to dismantle its structure. Their objective is to weaken the Kurdistan Region through sustained aggression and pressure, with the hope that it will eventually collapse”.

The undoing of Kurdistan Region's authorities is indicative of the shift in the political model of governance in Iraq towards pre-2005 centralism and a sign that Baghdad is reasserting control.

See also

• Governorates of Iraq

Notes

1. That is, laws that are not of exclusive federal jurisdiction.

References

Constructs such as ibid., loc. cit. and idem are discouraged by Misplaced Pages's style guide for footnotes, as they are easily broken. Please improve this article by replacing them with named references (quick guide), or an abbreviated title. (December 2024) (Learn how and when to remove this message)

1. Constitution of Iraq, Article 116
2. Ibid., Article 122 and 123
3. "All powers not stipulated in the exclusive powers of the federal government belong to the authorities of the regions and governorates that are not organized in a region. With regard to other powers shared between the federal government and the regional government, priority shall be given to the law of the regions and governorates not organized in a region in case of dispute". (Ibid., Article 115)
4. Ibid., Article 119
5. Ibid., Article 121 (Second)
6. Ibid., Section 5
7. Ibid., Article 121 (Fifth)
8. Ibid., Article 110
9. Ibid., Article 93
10. "Iraq's Missing Federation Council". The Tahrir Institute.
11. "A House Divided: Can Kurdistan Preserve Its Autonomy?". The Washington Institute.
12. "The Federal Supreme Court ruled that the Kurdistan Regional Government's oil and gas law is unconstitutional" (in Arabic). Federal Supreme Court.
13. "Iraq and the Demise of Federalism". Wilson Center.
14. "In letter to Biden, Barzani warns of Iraqi Kurdistan's collapse, urges mediation". Al-monitor.
15. "The Federal Supreme Court obliges the federal and regional governments to pay salaries" (in Arabic). Federal Supreme Court.
16. "The Federal Court issues a verdict revoking and amending some of the articles of the Kurdistan Parliament Election Law" (in Arabic). Federal Supreme Court of Iraq.
17. "Attacks targeting Kurdistan Region deliberate attempt to dismantle its structure, says PM Barzani". Kurdistan24.
18. "How to Stop Iraqi Kurdistan's "Bleeding"". Washington Institute.
19. "Why is the Kurdistan Region losing so much autonomy to Baghdad". The National News.
20. "Iraqi Kurdistan is set to lose much of its autonomy". Oxford Analytica.
21. "Kurdistan's Fading Dream: The Struggle and Despair Behind Erbil-Baghdad Relations". Gulf International Forum.

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