Iraq’s Supreme Court Could Stall KRG Elections And Threaten Federalism

(Brand Kurdistan)

On May 30 Iraq’s Federal Supreme Court made what could be a historic decision. It ruled that the 2022 extension of the Kurdistan Regional Government’s (KRG) parliament’s term was unconstitutional. That also meant all its decisions since then had no standing. This might have far ranging affects upon the upcoming Kurdish elections and the future of federalism in Iraq.

 

In 2022 the KRG parliament extended its session because the two main ruling parties the Kurdistan Democratic Party (KDP) and Patriotic Union of Kurdistan (PUK) were too far apart to hold elections. The two parties finally agreed to balloting in February but now that is up in the air because of the court’s decision. In May the KDP pushed through a vote to use the existing KRG Election Commission. Now that has been overturned by the court. The KDP however is acting like the voting will be held anyway. That’s because they are assured of their continued dominance. The only way that can happen is if the parties go ahead and use the regional commission despite the Supreme Court. That could definitely happen as the Kurds have ignored Baghdad before, but the power dynamics between the two has shifted more in the central government’s favor recently.

 

That brings up the larger issue of federalism in Iraq. Since the 1990s the Kurds have had their own autonomous region which was accepted as part of the new post-Saddam government system.  That situation has been transformed due to the economic crisis the KRG put itself into. As a result of the region’s independent oil strategy Baghdad retaliated by cutting off monthly budget payments. The Kurds in turn, fell into a huge debt to oil traders, banks, businessmen and more as it wasn’t able to earn enough on its own to cover its expanding costs. That led the KRG to make a huge concession as part of the government formation process that put Mohammed Sudani in the prime minister’s office. Kurdistan agreed to allow Baghdad to control its oil sales and in return it would get money once more. This is even more important today as Turkey has shut down its pipeline which the Kurds’ petroleum business is completely dependent upon. Now the Kurds are being told the courts can decide on their regional parliament as well. That is another blow to the system that was created after 2003.

 

Added to that is the fact that there are many elements within the ruling Coordination Framework that are opponents of the Kurds and constantly throw wrenches in improved relations between the center and the region. The Supreme Court’s ruling appears to be from that group. What the two sides decide to do next could have wide ranging implications upon Baghdad and Irbil.

 

SOURCES

 

NINA, “The KDP comments on the Federal Court’s decision on the Kurdistan Region Parliament,” 5/30/23

 

Reuters, “Iraqi Kurdistan 2022 parliament extension unconstitutional: Supreme Court,” 5/30/23