By Dr. Saman Shali*

The Iraqi government and the Kurds have formed a partnership in Iraqi governments since 2005 based on balance, consensus, and partnership. Stages of cooperation, disagreement, negotiation, and independence characterized it. The Kurdistan Region is a semi-autonomous region in Iraq within the Iraqi federal structure. Below are some key topics about the Iraqi government's influence on the KRG and how to address outstanding issues between the two sides:

1. Autonomy and Self-Governance: Iraqi Kurdistan sought and obtained autonomy under Iraq's federal system. Kurdistan Regional Government (KRG) creation in 1992 allowed the Kurds autonomy, allowing them to govern their internal affairs, including security forces, peshmerga, administration, and natural resources. Furthermore, in 2005, the Iraqi Constitution acknowledged federalism and the Kurdistan Region to establish new relationships to improve Iraq's unity, people, and land.

2. Revenue Sharing and Oil Exports: One of the outstanding issues between the Iraqi and regional governments is the sharing of oil revenues. The KRG controls significant oil resources, and disputes have arisen over the distribution of oil revenues between the KRG and the central government. Therefore, both sides must negotiate an oil and gas revenue-sharing law to ensure a fair distribution of oil and gas revenues for all according to the Iraqi constitution. The two parties must agree to determine oil and non-oil income and not to deal with the region like other governorates.

3. Territorial Disputes: There are disagreements between the Iraqi government and the Kurdistan Regional Government over the disputed lands claimed by both parties. These disputes have, at times, led to tensions and conflicts. However, Article 140 of the Iraqi Constitution established all mechanisms to resolve this conflict. However, the central government has not yet committed to implementing it. It only forms committee after committee and makes modest financial allocations to solve this crucial and fundamental problem to solve all outstanding problems between the center and the region, according to Article 140, to ensure the unity of Iraq.

4. Political Representation: The Iraqi government aims to represent the Kurds in the broader Iraqi political landscape. The Kurds are the second nationality in Iraq. Their involvement in the decision-making process in the central government is vital to maintaining national unity. However, parties are working to split this partnership for their interests and the interests of the regional countries.

5. Security Cooperation: The Iraqi and Kurdistan Regional governments are interested in maintaining security and stability within Iraq. The cooperation of the two entities in combating terrorism and the insurgency of the Islamic State (ISIS), as well as the intervention of regional countries in Iraq, gives a strong impetus to building security and stability throughout Iraq.

6. Political and Economic Relations: The Iraqi government seeks a stable and cooperative relationship with the Kurds to ensure national unity and stability. Economic ties, trade, and cross-border interactions are crucial for the well-being of both the Iraqi government and the KRG.

7. National Unity: The Iraqi government wants to ensure that the Kurds of Iraq feel integrated and part of the larger Iraqi nation despite their regional autonomy. Efforts to promote national identity and unity may be essential to the government's approach. However, the Iraqi Parliament is hampering these efforts with its majority decisions to pass laws against the region. This decision harms the principles of compatibility, balance, and partnership.

8. Constitutional Framework: The Iraqi Constitution recognizes federal rule for the Kurdistan Region and has defined its powers in (Articles 111 to Article 126), according to which the relationship between the federal government and the Kurdistan Regional Government is defined. Ensuring both sides adhere to the constitutional framework is vital to maintaining stability. However, many articles in the Iraqi constitution have not been implemented or activated, affecting federal governance and the unity of the country.

9. Majority Rule: Today, the Iraqi Parliament operates on the principle of the majority, with its decisions requiring a majority (meaning 50+1) against the region, which increases tension in relations between the center and the region. These decisions harm the principles of harmony, balance, and partnership. Therefore, Parliament must be the actual house to protect the rights and interests of the Iraqi people.

10. Federal Supreme Court: According to Article 94 of the Iraqi Constitution, the decisions of the Federal Court are final and binding on all authorities. The rulings of the Federal Court must be approved by two-thirds of the court's nine members, which means that only six members must ratify its decisions. In comparison, the Kurds have only two members. This means that all decisions affecting the region are made without the participation of Kurdish judges. This disparity increases tension between the region and the center. It harms Iraq's supreme interest, as the court is not constitutionally integrated, as stated in Article 92 - Part Two. As a result, the presence of two Kurdish members does not affect any of its provisions. Here also, the rule of the majority against region applies.

11. Budget and Salaries: The tripartite budget is unjust and imposes arbitrary conditions on the Kurdistan area; for example, the territory's population is fixed at 12.63%. The Iraqi Ministry of Planning put the region's population at 13.9%. On the other hand, the Kurdish bloc voted in Parliament on the budget in the interests of the state and the Iraqi people as a whole. Today, the government is withholding the region's salaries for various reasons. Employee salaries must be segregated from other problems between the center and the region, like in other Iraqi provinces.

12. Statistics and general population census: The conduct of the census is one of the exclusive competencies of the central government according to Article (110, Chapter Nine), but since 2005 and until now, no census has been conducted to determine the percentage of the population in Iraq, and in light of it, the budget of the region and the governorates will determine. Until today, governments have failed to conduct any census, which harms everyone's interests.

The central government was formed after an agreement between the Kurdish, Sunni, and Shiite parties, and the Iraqi Parliament voted on its program. However, unfortunately, the central government did not adhere to its program, which led to the question of whether the decision was in the hands of the Prime Minister or the other Shiite parties.

The Kurdistan Regional Government has repeatedly declared its commitment to the concluded agreements despite the unfairness of the Federal Court's decisions and the unfair vote on the tripartite budget in Parliament. However, the government and those behind it are obstructing the implementation of these agreements and creating crises between the center and the region for their own interests, especially since Iraq is approaching provincial council elections, so the problems have mainly become political. The Sudanese Prime Minister confirmed this in his press conference a few days ago.

In general, the Iraqi government's interest in the Kurdistan people is balanced between recognizing federal rule and self-government for the Kurdistan region while preserving the unity of the country and its territorial security. Active dialogue, cooperation, and communication is the key to the administration's belief in solving all outstanding problems based on the Iraqi constitution. 

In general, the Iraqi government's relationship with the people of Kurdistan is characterized by a balance between recognition of federal rule and self-administration of the Kurdistan Region while preserving the country's unity and territorial integrity. Effective negotiation, cooperation, and communication are the keys to managing this complex relationship under the umbrella of the Iraqi constitution.

In conclusion, the relationship between the center and the region is based on the constitution and federal rule, and not on the central rule of the government by those who are trying to implement it, even though the constitution recognizes federal rule, which will lead to dictatorial rule and the collapse of Iraq's unity.

Saman Shali has a Ph.D. in Science (1981) from the University of Sussex. Dr. Shali worked as an Assistant Researcher and Assistant Professor at the University of Sussex, King Saud University, and Pennsylvania State University. He is also a senior fellow at the Mediterranean Institute for Regional Studies.