Category Archives: Kurdistan Region

In one part of Iraq, democracy is not a new phenomenon

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Much has been said about the advent of democracy in Iraq, however democracy in one part of Iraq, albeit not always in a perfect form, has been practiced since 1992.

With the run up to crucial parliamentary and presidential elections in the Kurdistan Region in July of this year, it provides a gauge to determine how far politics and democracy has evolved in the region. KRG Head of the Department of Foreign Relations, Falah Mustafa Bakir, hailed the upcoming elections as a chance for people to make key decisions and ensure the region is on the “right track”, while strongly advocating as many international observers as possible.

From fighting in the mountains to running in parliament, fundamental achievements have been made since 1991 but democracy is still hampered by key deficiencies and shortfalls such the judicial system, elements of corruption and bureaucracy. According to Bakir, the Kurds are witnessing a transitional phase in their history and “have started to build the path towards democracy but can not claim to have a perfect democratic experience yet”. However, Bakir stresses that his government has the political will and the determination to “go to the end of that road”.

Political opposition is increasing, and there are signs that even the two dominant Kurdish parties, Kurdish Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK) are evolving under pressure from changing times and increasing expectations of the people. There is somewhat of a notion of a conceptual battle between old schools of thought and new liberal minds in Kurdistan.

According to Dindar Zebari, Special KRG representative to the UN, the Kurds have been leading actors of democracy in Iraq, and believes the upcoming elections “serve as another commitment of Iraqi Kurds to the sovereignty and unity of the country”, while urging more international support for issues in Iraq and Kurdistan.

The KRG have perhaps been their worst critics at times. According to Bakir, they have acknowledged the need to highlight their deficiencies, seek solutions and consult with others in bridging gaps. Progression in the Kurdistan Region and Iraq according to Bakir “needs patience, effort and international support”.

Whilst it is easy to pick out failing in the Kurdish democratic experience, one must judge a subject within its context. With the exception of Turkey, which houses many constraints of its own, neighboring countries can hardly be classified as model democracies. Democracy in Iraq itself is flawed, with many constitutional stipulations voted by millions, such as article 140 failing to attract serious attention in its implementation

Although by their admission democracy in Kurdistan is far from perfect, achievements in less than two decades and particularly in the last six years have been noteworthy. No democracy has ever flourished without its pains and conflicts, and Kurdistan is no different.

The Kurds have suffered immeasurably under authoritarian Arab rule since the creation of the artificial state of Iraq. Finally free from the totalitarian grip of Saddam Hussein after immense sacrifice, Kurds were able to decide their own future and also showcase the virtue of self-determination that they had been deprived for so long.

And what better way to showcase your credentials for statehood and self-rule than show the world and your nemesis in the region that you are capable of a democracy and a way of governance that not only would be unique in Kurdistan as it would be a first, but one that could also serve as a benchmark for the rest of region.

Kurds have tried hard to implement a system of tolerance to other religions and ethnicities that they themselves have not received. Ever keen to attract a positive view from the West, Kurds have been keen to fight disputes such as over the city of Kirkuk, in a democratic manner to legitimize and bolster their experience.

In the time since its inception, the parliament has passed a number of important laws, covering women rights, press, economy, civil liberties and general society. The improvements in freedoms and laws since 2003 have been noticeable, for example with increasing rights for woman and increased government tolerance to opposition.

However, although at times too general, reports from human rights organizations have continued to highlight shortcomings in terms of the application of the rule of law, opposition and general freedoms. According to Zebari, these reports are taking “seriously” and the government has setup committees and reinforced their desire to bring “human rights to international standards”.

There is still an element of apprehension that the parliament is really supporting and serving the people.  There is a general consensus that parliamentarians have to be more attentive to public concerns and demands. Accountability must increase for this to be realized. For Zebari , “elections will add to the legitimacy of the setup of this region as elections always bring back credibility, transparency and trust, from the authorities to the people and vice versa.”

Moving forward, the Kurdistan parliament should work to become a reflection of the will of the people, and there must be a closer correlation between both sides. Politics must adapt to the people and environment and not the other way around.

First Published On: al-Arabiya News Network

Other Publication Sources: Kurdish Globe, eKurd, Online Opinion, Rudaw, PUK Media, Peyamner, Various Misc.

Breaking the Kirkuk deadlock?

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Of all the current issues in Iraq, the dispute over the oil-rich Kirkuk region could go a long way in deciding future fortunes of the “new” Iraq.

Kirkuk was a persistent thorn in the side of the Iraqi Kurds and Baghdad for many decades and the new Iraq after the downfall of Saddam Hussein has done little to change that, in spite of the fact the stipulations under article 140 of the Iraqi constitution adopted in 2005 was designed to bring a democratic solution to the control of Kirkuk once and for all.

Once the deadline for the implementation of article 140 inevitably passed at the end of 2007 and without much progress, the UN was tasked with the responsibility of diffusing tensions, or in the words of UN special envoy to Iraq, Steffan di Mistura, stopping the ticking time-bomb.

Fast forward to 2009, after many months of fact finding, research and analysis, the United Nations Assistance Mission for Iraq (UNAMI) finally submitted their detailed report outlining recommendations to Iraqi leaders on resolving the numerous border disputes, of which Kirkuk is the most notable.

Kurds have ubiquitously accused Baghdad of dragging their heels, and heeding to pressure from neighbouring countries particularly Turkey, who is naturally unfavourable to seeing Kirkuk’s immense oil wealth ‘fall into the hands’ of the Kurds.

As tensions have reached a knife-edge between the Kurds, Arabs, and Turkmen, Kirkuk has often been referred as a touch-paper for the rest of Iraq with international powers keen to prevent civil war.

Kurdish frustrations are compounded by Baathist Arabisation policies that saw thousands of Arabs resettle in the area at the expense of the Kurds and the changes to the provincial boundaries to dilute Kurdish population figures.

Now Kurds, who have remained insistent that article 140 is a red line, wait anxiously for resolution of Kirkuk, especially with the US withdrawal plans expected to gather pace. The exact details of the UN report are still unclear, whether the suggestions will lead to an agreement is even more uncertain.

According to KRG Special Representative to the UN, Dindar Zebari, UN Resolution 1770 and 880 gave the UN involvement crucial legitimacy which was aided further by the direct request for “technical” assistance from Iraqi leaders. “The involvement of the UN has been a big help to the political process in Iraq”, remarked Zebari.

According to Zebari, UN recommendations are intended as a “complete package” that is not designed to appease one Iraqi group or any neighbouring country.

“UN is providing consultancy, technical and logistics support, assistance in terms of data, and other criteria that have to be used to formulate solutions. So the UN involvement is essentially in an advisory and consultancy capacity”, stated Zebari who emphasized from an executive perspective that the implementation of any solution can only come from the Iraqi side.

Iraqi leaders now have the opportunity to analyze the report, based on elements that were officially requested for the UN to determine, and come up with their own feedback or recommendations. All four solutions proposed in the report, however, deal with Kirkuk as a single unit.

“The UN reports doesn’t say these areas have to part of a certain authority but may state that according to criteria that have been used, let’s say geographical, historical and cultural backgrounds, previous elections result, the majority of the certain districts of these areas are supporting annexation or support to be part of that authority. However, it does not stipulate that the UN decides,” Zebari reaffirmed.

Whether agreements lead to sustainable solutions is unclear, however Zebari warned that that there must be more urgency to progress.

Zebari emphasized that from a KRG perspective they are eager for a quick solution, and are keen for more compromises amongst all the sides, but moreover any discussion or solutions must be formulated around article 140 of a constitution that is essentially “a package and you can not ignore a part of that package”, otherwise as Zebari warned, “other groups or minorities can take other articles out of the constitution”.

As far as the KRG are concerned, “the solution must be immediate and more urgent, because it affects the political process and the trust between Iraqis in this important period of transition.”

According to Zebari, the UN and international community have a key responsibility in the post-liberalisation of Iraq and “have a key role in successful reconciliation, where the current involvement serves a part of the UN commitment to the political process”. Zebari underlined that the International community are committed to the peace and security of Iraq and still have “a huge responsibility to make Iraq a success.”

Either way, it remains to be seen whether the UN stopped the ticking-tomb or simply just delayed its implementation. The real desire to reconcile, compromise and enforce democratic principles is down to Iraqi’s alone. International powers can facilitate the process but ultimately in Iraq it may be a case that ‘you can take a horse to a well, but not make it drink it’.

First Published On: The Media Line

Other Primary Sources of Republication: Kurdistan Regional Government, Kurdish Globe, Rudaw, Peyamner, eKurd, PUK Media, Online Opinion, Various Misc.

Kurdistan manoeuvres to become a major feeder to Europe

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Commencement of oil exports and discussion on revising Nabucco gas pipeline using Kurdistan supplies marks a new milestone in the Kurdish experience. Kurdish joy at such developments is easy to see, as they strive to become a strategic “bread-basket” of Europe, Turkey and also Iraq. However, the “battle” is not quite won.  Key decision remain to be made by regional and European powers that will redefine the shape and existence of the Kurdistan Region

If the “new” Iraq is to be taking seriously, then the first fundamental step is to abide by the core principles that underline the new Iraq. Iraq is a democratic country, with an elected constitution, is based on the equal status and rights of all its ethnicities, enforced by the principles of federalism they have chosen to adopt.

However, in Iraq progress has been painfully slow and negotiations have been ubiquitously tainted and protracted. Amongst the fundamental disagreements in the new Iraq, is how to share and develop its immense oil wealth.

In the absence of a national hydro-carbon law, the Kurdistan Regional Government (KRG), has drafted its own regional oil legislation and signed a number of contracts with foreign oil companies.

Constant bickering between Baghdad, who has deemed all such contracts as “illegal” and Erbil, has served the benefit of no side. Oil has been misused for decades in Iraq, particularly by Saddam Hussein, to declare war on neighbouring countries and oppress the Kurdish population.

One can only imagine what kind of Iraq we would have today, all of Iraq for that matter, had the oil been managed affectively and used with regards to the rights and benefits of all the population.

The Kurdistan Region is awashed with invaluable oil and gas reserves, and the Kurds, particularly in light of their plight under the “old” Iraq, are owed by the new face of Baghdad, to enjoy the privileges of the divine gift of nature and utilise oil for productive benefit – to see their region prosper, expand and modernise, rather than ironically use oil from their historical lands, to bomb those very lands.

The real sticking-point is the new prominence of the Kurds, after years of serving in the back pages of the history books. The worry of Baghdad is the strengthening of the Kurdish experience and their potential new role as the “bread-basket” of Europe. With Oil exports finally approved and talk of reviving the Nabucco gas pipeline, a project backed by the European Union to counter the over dependence on Russian supplies, Kurdistan could well enter a new chapter in its history.

How will their long-time adversaries, such as Turkey and Arab nationalists, feel about a new strategic Kurdistan that can support the world rather than merely rely on world support, is open to debate. Clearly, the problem in both respects is seeing a Kurdistan that escapes under their direct sphere of influence and into the hands of other grateful recipients.

Approval of oil exports

Oil exports were finally approved from the Kurdistan Region in early May. This is a symbolic milestone in Kurdish history, but one that will ultimately benefit the whole of Iraq. Revenues from oil sales will be deposited directly into the federal government account, thus the Kurds get only a 17% benefit from this, while the rest of Iraq, who has ironically been at such loggerheads with the idea, will a receive the other much needed 83% of these revenues.

The region is onset to commence oil exports on the 1st of June with Norwegian oil company DNO, completing preparation to export an average 60,000 barrels a day from the Tawke oil field to the Turkish port of Ceyhan via a new 45km pipeline.

Oil exports in the Taq Taq field, roughly constituting 40,000 barrels per day would also begin via tankers and existing pipelines in the near future.

Oil or “black gold” as it is referred, is a bonus or gift to any country. The long-standing disputed over control of Kirkuk spanning several decades, is ultimately heated by the very simple fact that it is one of the richest parts of the world.

Baghdad’s evident reluctance in seeing Kurds control oil or Kirkuk for that matter, hinges on the fact this will facilitate a Kurdistan that is much stronger, more stable but ultimately one that has little reliance on Baghdad.

Kurdish self-sufficiency could be completed once it gains significant oil revenues that it is entailed too. Hence, this is the source of anxiety emanating from Turkey. Seeing a Kurdistan Region that is growing in stature and confidence, with European and world powers increasingly keen to benefit from its vast resource, places Turkey in a different corner.

Of course, we must not forget that the control of oil reserves has long been linked by analysis and experts as the final piece of the Kurdish jigsaw in obtaining independence if it chose that path. In simple terms, as a largely autonomous federal region or fully independent state, oil makes these dreams economically viable.

Furthermore, the Iraqi constitution has defined a new Iraq that may be against the wishes of neighbouring countries. However, such neighbours have to realign their policies and relationships in line with this reality.

The increasing warming of the Turkish government in recent times to the KRG is testimony to the realisation of this new reality, however, hard it may be to swallow.

Now European talk of using the Kurdistan Region to revive the Nabucco pipeline that flows through Erzurum in Turkey, places the Turkish government in yet another conundrum.

Reviving the Nabucco gas pipeline

Austria’s OMV and Hungary’s MOL have teamed up with Crescent Petroleum and Dana Gas companies from the United Arab Emirates to extract the gas from Khor Mor and Chamchamal fields in the Kurdistan Region.

The consortium have expressed their belief that supplies will be sufficient to initiate the long- planned Nabucco pipeline, designed to extract gas from central Asia, after meeting local needs and Turkish demand.

The key problem however, is Baghdad’s reluctance that any agreements can be signed without its approval. Kurds, in the same manner as the oil stand-offs have insisted that such agreements over gas exportation is backed by the terms in the Iraqi constitution.

Whether European countries and particularly Turkey, for which Nabucco remains an important project, presses ahead with the Kurdish project without tacit approval from Baghdad, will have great significance for the KRG and the region.

This wills legitimise the Kurdistan experience in another way – a way that is not connected to Baghdad, forming a new strategic position for the Kurdistan Region.

While Turkey remains highly-reluctant to effectively rubber stamp Kurdish “independence”, clearly the Kurdistan Region is on the road to realising its potential as a key entity and a strategic partner of the West.

This journey may have a long way to go, but in the not so distant future, the Kurds will no longer survive based on hand-outs from states, but will be making their own crucial “handouts”.

After all a pro Western, non-Arab secular democratic state that is close proximity to Europe and with immense natural resource doesn’t come along too often.

What now for Baghdad?

In spite of the agreement to authorise oil exports from the Kurdistan Region, Baghdad is mindful that this does not serve as a carte-blanche for the region. Baghdad is still very much against the principle of Kurdish “unilateralism” and is still keen on forging a stronger centre at the expense of federalism.

However, a number of factors may sway opinion in Baghdad. Firstly, the drastic hit that the national budget has taken with the fall in oil revenues has greatly impacted the Iraqi economy and reconstruction projects that have been ear-marked. Allowing the Kurds to bridge that gap, has become more important than nationalistic quarrels.

Secondly, if neighbouring, European countries or the European Union for that matter, sides with the Kurds and accepts they are not breaking the “law” and only following a constitution which gives them their democratic rights, then to save embarrassment, Baghdad may be better to accept the new Kurdish position and affectively be seen to have made the decision to “endorse” it.

With talk that Kurdish export capacity could reach 1 million barrels of oil in just several years, this may be time for celebration for Kurds, Iraq, the region and Europe. Perhaps, all sides can win after all by working with each other than against each other.

First Published On: Kurdish Globe

Other Publication Sources: Peyamner, Various Misc.

A Taste of Kurdistan – a Correspondents Journey

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The Journey to Erbil

In preference to direct flights to Iraqi Kurdistan, I always choose the more intriguing scenic route through Turkey. However, even by previous standards, this felt like a grueling journey.

Spending time in Istanbul and the more glamorous west of Turkey and shortly descending to the more impoverished south eastern part of Turkey could not be more contrasting.

The humble road to Silopi is an intriguing journey through a revealing landscape and a story of political legacies. Part of the road, particularly near Nusaybin, runs in parallel with the Syrian border, or Syrian Kurdistan as most Kurds are quick to point out. This legacy of divided lives and lost citizenships runs almost a century old, with adjacent border lines divided almost symmetrically by barbed fences, where families were literally separated between both lands, and left with the option of been assimilated into Turkish or Syrian nationalities, or in the case of Syria not existing at all.

The bumpy route through the heartland of eastern Turkey is a revealing one. It is evidently been a disenfranchised and impoverished region as a result of decades of conflict and neglect by successive Ankara governments. The infrastructure of what is effectively one-fourth or one-fifth of Turkey, a country with EU ambitions, is lacking and tells its own story. It clearly feels like a neglected region and even more clearly demonstrates that with unemployment high, and the region very much behind, the Turkish government has an obvious starting point to entice the people into their line of thinking and at the same time discourage support for separatists.

Most Turkish Kurds that I spoke with were not advocates or great believers of separatism and were not necessarily anti-Turkey or ant-Turkish for that matter, but wanted improved living standards, jobs and full cultural recognition. The battle against the PKK, is an easy battle for Turkey to win if it chooses to do so, however the battle starts in Diyarbakir and not in the mountains.

Past elections have demonstrated that Kurds can be swayed towards Turkish parties such as the AKP, if they truly live up to their promises to promote the region and continue to introduce reforms. The GAP project and other initiates in Ankara have been much talked about, but Kurds appear still to be waiting for promises to translate into real action on the ground.

By the time I got to the Ibrahim Khalil border gate and packed with thoughts on the region, I was now absolutely tired. However, as it was now 03:30 in the morning and having just crossed into the Iraqi Kurdistan side of the border, I decided to press ahead with my journey towards Erbil. I could not help thinking that the implementation of the new border gates on the Turkish side, new outposts and a quicker checking process, was a reflection of the warming of Turkey towards the region. However, improved border gates, miles of lorries waiting to cross with all sorts of food items, electronic products and building materials, may not necessarily be such a good gauge after all, I thought to myself. Relationships still remain murky on an official level and I doubt Turkeys stance to seeing the Kurdistan flags been flown across the Habur Gate will have become any easier.

The growing commerce and the huge number of Turkish companies, prove that there is a clear benefit in good relationships to both sides. Certainly, a lot of Kurds that I spoke with on previous visits leaned heavily towards Turkey as a partner that can carry the region forward and hopefully in the near future open a front to the EU and all the privileges that this brings.

If the journey was not already bad enough, I was soon faced with a relentless sandstorm that had not only seemingly clouded the whole region but had blinded my taxi driver.

A fierce sandstorm, a tight single carriage highway, with lorry drivers seemingly on a mission to break some speed record to reach the border, was only worsened by the claim of my driver that he had not slept into two days. Great! This Left me without much hope. In all fairness, the driver did not seem fazed by the obstacles, or those self-inflicted ones for that matter. I was left wondering if it’s a Kurdish thing to live your life on the edge, with many undeterred by dangers or challenges that they face. Wearing a seat-belt appears a forbidden tradition to some youngsters though it may law, even my family finds it amusing as I buckle up when I get in the car. If you could see some of the driving, you would not blame me for holding on tight!

Arriving in Erbil

Every time I visit the region, I always keenly anticipate the improvements in the region, particularly Erbil. While not Istanbul, Erbil has fast become a city that the Kurds can be proud of. The city itself has a strong historical legacy but has never quite lived up to its ancient status. Kurds hope they can now change that.

In spite of the rapid development, it is very easy to point out deficiencies in Erbil, especially for someone who has lived for over 20 years in London and has travelled far and wide across the globe. Erbil has a long way to go, but the transformation from mass destruction and repression under dictatorship, to self-rule post-1991 is nothing short of remarkable.

Nowadays, the expectations of the population, particularly the younger generation, who have never experienced Baathist rule, are sky-high. Rebuilding and modernizing Erbil, a city whose development that was hardly going to be a pressing priority of Saddam Hussein, was almost like a standing start. Kurds needed all sorts of things from roads, hospitals and general social infrastructure.

There are many construction projects dotting the landscape, especially on the more prominent parts of Erbil. This felt like a bubbly place that has not heard about the global economic recession. The city however is still a work in progress. Kurds are eager to have a city centre built around the ancient Citadel, that they can be proud of.

Older less appealing buildings have started to be demolished around the centre, to be replaced by more attractive gardens.

The road systems have certainly improved with new by-passes and highways connecting major cities. However, this is no surprise with the immense number of cars in circulation. At the rate of new cars, road workers will need to continue widening and expanding indefinitely! With commerce thriving and development at such a rapid rate, the Kurdistan Regional Government (KRG) must also implement a modern infrastructure that can support it.

The local population seems as keen as ever to modernize. With multiple new malls such as Rhein Mall and Nishtiman mall, fashion tastes are expanding, although admittedly well-beyond the price range of the poor. Trading is high and there are now new car outlets selling brand new vehicles.

The city is clearly booming, but that is not to say that one should divert too much attention to the better aspects. There are still scores of poor who suffer from rising prices and run-away property prices. The price of land has seen a meteoric rise in recent years as development in the region by both local and foreign investors has increased the demand for land.

The other half of the glass

With ever increasing publicity for the region and a continuous expansion of commerce, it’s hard not too focus on the positives. This is made all the more prominent since 2003, with the south of Iraq engulfed in deadly violence and instability. The Kurds have tried to showcase Kurdistan as a gateway to the rest of Iraq.

However, positives aside, Erbil is far from perfect. Prices of car and land have put enormous pressure on sections of the population and a lot Kurds still lack basic services. The sewage system in large parts of the city and the region are still basic or nonexistent. A lack of electricity supply has been a ubiquitous struggle. As noted before to support and tout such large scale development, there must also be the premise of a sufficient infrastructure to support such an ambitious strategy.

The case of electricity is a prime example. The increased supply of electricity has been greatly diluted by the much more increasing rate of demand. New buildings, malls and expanding roads and infrastructure, requires a support structure that the old system simply could never cope with.

People seem generally happy, but frustrations with public services remain. Sections of the population feel that the government needs to now deliver on certain fronts.

Whilst the people have generally kept their feet on the ground, it is easy to see how the growing money in circulation in region has greatly altered mindsets. There is a feeling that people are at times in competition with their neighbors and their relatives, for obtaining better houses, better cars etc.

While mentalities have headed towards the new era, some aspects bring natural curiosity. The “litter” culture, where people leave their rubbish after enjoying the great landscape is baffling. Why do people feel that they can dump rubbish, after having a great day out and enjoying all the pleasures that Kurdistan give?

Some streets clearly are better than others, but generally people suffer from a mentality of a lack of care. Improving your country starts at home. Why should you dump rubbish on your streets or behave in a certain way, because your neighbor chooses to do so?

Although, the attitude to the importance of heath has certainly improved, health dangers are not always respected. Smoking is rife in the region, foods can be oily, improving dietary needs is not always appreciated and generally some people still suffer from an “I live for today, tomorrow is tomorrow” mindset.

More Western mindsets should ensure that people plan their lives and think about tomorrow and the future. How can they improve their lives today and tomorrow? Without setting goals in society, progress is difficult.

Ties with the south

Kurds have enjoyed relative peace and prosperity, but with many issues such as article 140, federalism and hydrocarbon law hanging in the balance and a resurgent Baghdad government, has left the Kurds anxiously waiting for reconciliation.

Of the most important sticking point is the clash over the handling of the disputed territories, particularly oil-rich Kirkuk, which has served as a historic thorn between the Kurds and Arabs.

Kirkuk has almost become synonymous from an outside perceptive with a battle for control of oil. With the ever increasing war of words between Iraqi Prime Minister Nouri al-Maliki’s government and the KRG, and a desire of Baghdad to dilute Kurdish power, there is an increasing danger of clashes between both sides, with democracy seemingly shelved on certain aspects.

Travelling towards Kirkuk was a highly intriguing journey. As we headed out of Erbil and towards the flatter plains further south, the scene of the battle between Erbil and Baghdad became obvious. This part of the country is absolutely awashed with oil. Our journey from Debiga, Sargeran, Ghala, Pirde, Makhmour and Kirkuk was fascinating, as the Arab-Kurd divide become murky the further south you went. The miles of oil pipelines connecting the Kirkuk oil fields with Ceyhan in Turkey were remarkable. Flames could be seen from furnaces and local oil fields.

Ironically, a land that seemingly quenches the thirst for fuel of the much more advanced West is hardly a sight for sore eyes. The landscape and scenery itself is fantastic but the state of the houses, roads, and general services are certainly far from fitting of what is technically one of the richest areas in the whole world.

The city of Kirkuk fits the same bill. An area that has 15% of Iraq’s oil reserves has been devoid of much development over the decades. If a small fraction of the oil that it produces had been spent on the city, it could easily rival anywhere in the Middle East by now.

Feelings towards government

Iraqi Kurdish leaders such as Massaud Barzani and Jalal Talabani have played a prominent role in Kurdish nationalism and have in turn ensured that their names are firmly entered in Kurdish folklore. With Kurds growingly expectant, it almost goes without saying that whilst most Kurds are ever grateful and appreciate that achievements from a standing start have been remarkable, there is a strong feeling amongst the Kurds that this should not be used as some kind of an indefinite fallback or excuse by the government.

There exists a strong desire amongst the Kurdish population for changes in government and eradication of corruption. Judicial system lacks from transparency and independence, and although not always specific in their criticisms, reports from human rights organizations have shown that Kurdistan has still many strides to go in terms of civil liberties, enforcing the rule of law and ensuring the rights of every citizen are upheld.

Whilst the move from fighting in the mountains to serving parliament is symbolic, the political parties must also evolve with the changing times and the challenges that this brings. The upcoming elections in Kurdistan region is set to be valuable gauge in the feeling of the people and the progress of democracy in the region.

The Iraqi Kurds have been keen to open portals to the outside world, and have actively encouraged foreign investment, the opening of new consulates and cross-cultural expansion. If the KRG is able to fulfill growing expectations and their own high-ambitions, it will need all the partners and channels to propel the region forward.

There is a strong feeling amongst the population that Turkey may yet be the best bet for the advancement of the region and the gateway to Europe.

Newroz celebrations of 21st March 2009

The start of the spring equinox is the beginning of Newroz or “new day” celebrations across Kurdistan. The celebrations were officially announced with the lighting of the Newroz torch in Erbil at 18:30 on 20th March 2009. Newroz is arguably the most important date in the Kurdish calendar, marked by ubiquitous burning flames and a mass exodus of Kurds to the beautiful and scenic countryside.

The roads on the 21st of March were jam-packed from early morning. It was the first time I had experienced such a mass exodus of a city, with every family seemingly en-route to celebrations. The Erbil to Koya highway was gridlocked, with cars packed with passengers, all sorts of food items, chairs and mattresses. Such was the traffic that the traffic police had opened the opposite lane into Erbil for travelers heading out. After all there was hardly a single car coming into the city.

From the outskirts of the city onwards, the countryside was filled with families dancing, playing music and making barbeques.

Newroz is a celebration of freedom from a tyrant that once ruled, by the courage of a blacksmith. The fires symbolize the dawn of a new era and also freedom. It is celebrated across Kurdistan as a patriotic icon and has been used often, especially in Turkey, to express national sentiments and to rebel against the government.

March has proved a mystical month for Kurds, as it was also in March 1991 when the Kurds revolting against Saddam forces and attained their current autonomy and freedom.

The “other” Erbil

The much publicized new foreign style villages, modern developments and state of the art facilities on the outskirts of the city, left a feeling that there was now almost two Erbil’s. The difference in terms of standards between parts of new and old Erbil is remarkable.

With economic prosperity, come a growing rich list and an increasing middle class. Developments and the increase of the rich are fuelled by investments from Kurds abroad and the strong desire of the KRG to promote foreign investment and the modernization of the region. There is a growing demand for luxury items such as brand new cars, electronic appliances etc.

There is an evident Turkish hand in the region, with a majority of foreign products and companies Turkish based. Such companies are playing a heavy hand in the construction of new complexes and the rebuilding of others. There are also scores of Iranian food and merchandise in the region.

While investment has grown, this has not reached the level to fulfill the regions true promise. Ultimately, the Kurds seek investment from major European and American companies.

The most prominent foreign investment, much to the dismay of Baghdad, is the signing of a number of oil exploration and development contracts with small foreign oil companies.

Contrast with the rest of Iraq

While the south has suffered evident instability and pain since 2003, ironically this has been much to the advantage of the Kurdistan Region, which has for the best part managed to keep a firm distance from the insecurity and insurgency further south.

Kurds have been quick to showcase Kurdistan region as “other Iraq” and also as a gateway to Iraq itself.

Many Arabs visit the region for vacation and some have chosen to resettle altogether. The keenness of the Arabs to visit Kurdistan and enjoy its offerings is a joy to see, and demonstrates how both sides can effectively mix and benefit from the prosperity across Iraq, if fundamental differences between both sides can be bridged (I wish it was that easy in practice to bridge such gaps).

Baghdad has become increasingly wary of Kurdish power and their perceived veto status. There is a general feeling that Kurdish gains since 2003 are as a result of overreaching, and the fact that the existing constitution has afford too much power to the Kurds.

Currently, many stipulations within the constitution itself are been challenged by a new stronger and more confident Baghdad government, headed by a resurgent al-Maliki who was clearly triumphant at the recent provincial elections.

Al-Maliki, for many Iraqi’s is the strong figure needed to head Iraq and pull the country together. Kurds find themselves in an anxious position to determine how the new Iraq will shape up. Whether al-Maliki gets his wish to dilute federalism, Kurdish power and maintain a strong central control over oil and armed forces is unclear. There is a feeling that something may have to give either way.

My own experience

As much as I can enjoy the tranquility and the privileges of living in the UK for the past 20 years, my own experiences as a child have forever ensured an acute perspective on life.

Growing up as a child in poverty and in the middle of a deadly war felt like a unique experience. A young mind experiencing death of family members and the destruction of his village is decisive. This was compounded with the belief that our father was presumed killed in combat for over 5 years and with the Baathist forces constantly on the prowl for the next hapless victim.

The demolition of our home, which left us affectively homeless, provided a much needed moment of divine intervention, as we received news from Iran that our dad had been critically wounded and was permanently disabled as a result but had miraculously survived.

This started a treacherous and highly-pulsating journey across the Iran-Iraq border, as we were smuggled across the border in the middle of a bloody war and in a journey that lasted 3 days, and the crossing of tough mountainous terrains and valleys on horseback.

As if there was any respite, we were able to see the war from another perspective. We lived in Iran for 2 years and could now boast (if that is ever a good way to put it), that we had seen the war from an Iraqi Arab, Iraqi Kurdish, Iranian and Iranian Kurdish perspective!

Once in the UK, it was the start of fresh challenges, acclimatization and the start of education. Such a difference in environment, way of life and culture was mind-boggling. However, in the serenity and tolerance of the West, I was able to follow-up an immense intrigue for history books and delve into politics much deeper.

My intrigue was understandable. How could a fellow human ever inflict such barbaric acts on each other? What kind of a world did we have if thousands could savagely perish only because of their identity? What had become a shape of the world, if cries and pleas by fellow humans under the subject of torture and repression could be ignored by the self-appointed leaders of the modern age?

My own experience shaped my mindset in the most diplomatic way possible – by using productive energy and seeking to improve unity, justice and harmony in a seemingly disparate age.

However, going through Iraq, I can’t help thinking that the West does not truly understand passion or fanaticism. Humans do not always react in the same logical way. Why does man feel so strongly about a case that he is willing to blow himself up? What drives a man to seek revenge by slaying the life of another?

Problems and passions in this region are delicately intertwined and deep-rooted, some conflict running through hundreds of years. Certainly, such levels of animosity and tension are not to so easy to bridge.

I tried to use my experience and the immense suffering of family as a deep perceptive and as a spring-board to improve cross-cultural understanding, tolerance and knowledge.

I believe reconciliation is always achievable and harmony in the Middle East does not necessarily need to be a pipe dream, if there is a true desire for such a concept.

As for Iraq, it remains to be seen if the Kurds and Arabs will live in long-term unison. Past animosities and misfortunes cannot be forgotten in a hurry. That’s just the way the cookie crumbles in the Middle East.

Regardless of Western concepts and ideals such as democracy, if the principles are not affectively embraced, then the application of square pegs to a round hole is fruitless.

I anxiously await my next visit the Middle East and Iraq.

First Published On: Kurdish Globe

Other Publication Sources: Hewler Post (Kurdish), VOK Radio, Peyamner, Various Misc.

An affective judicial system is the best judge of a functioning civil democracy

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An independent and modernized judicial system remains the best benchmark of a civilized democracy. Progress remains to be made, although the government have admittedly been their own worst critic and have outlined the importance of a sound and respected judicial system, and their belief in the supremacy of the law. A prominent judicial system remains an interdependent component of society; one without Kurdistan will never become the democracy or place of civil rights that its own high-expectations demand.

The shift to democracy in Iraqi Kurdistan has been at times shaky but nonetheless historic. The region swiftly moved from contrasting rules, one designated by the authoritarian governance of Saddam Hussein, where basic human rights let alone civil liberties were at a premium, to the self-rule under the auspices of a new Kurdish parliament.

This unique opportunity to guide their own future has witnessed a number of fundamental milestones on the path towards a functioning democracy, but also a number of flaws and setbacks that have at times plagued the move towards a concept of democracy that Kurds want to model on Western standards but one that they believe could also serve as model for the greater Middle East.

The post Saddam era from 2003, was the ideal platform for much needed progress and to kick start the democratic project. Under the international spotlight and with pressure from their US allies, Kurdish leadership could hardly let the unique juncture slip from their grasp.

One of the fundamental pinnacles of a functioning democracy and a successful society is an affective judicial system and this is an area where Iraqi Kurdistan has had many a critic. Admittedly and to their credit, perhaps the government has been their own worst critic in this regard.

Criticisms of the government

Human rights organizations have often criticized the region for corruption, abuse of power and lack of the application of the rule of law.

With law enforcement mechanisms that require strengthening, this has meant little accountability, and the ability of individuals to manipulate the judicial system at times.

A frequent allegation is manipulation of power by the two main political parties that dominate government.  Party associations even today mean that a level of immunity is afforded. There have been allegations of arrests without warrants and limited tolerance to opposition.

However, while stating the criticisms, one must also acknowledge the sound improvements that have been noted by international bodies and the productive progress that has been made on a range of issues.

The fulcrum of progressing on this range of issues and the cornerstone of ensuring that the rule of law is applied remains the presence of an affective and independent judicial system. The notion of an efficient judicial system is based on a number of intertwined aspects.

Firstly, the judicial system itself must be transparent and work within the remit of defined laws. It is only with the provision of such laws that the judicial system will have a roadmap and clear guidelines on to which to base the platform of its operations.

Although significant laws have been passed, especially in the last few years, there still lacks a greater basis for a working judicial system. Particularly before the downfall of the Iraqi regime in 2003, many of the laws applied in Iraq were based on Baathist laws at the time. This was hardly the ingredient or the inspiration for the model of civil democracy that the region craved.

For example, old Baathist press laws meant many journalists were imprisoned for criticism or accusations of “defamation”. For instance, under article 433 of the old law, many individuals were harshly punished.

Without a needed level of transparency and impartiality, at times court cases have been the subject of influence and judgments have been deemed arbitrary.

The key personnel of the system

The cornerstone of courts is the availability of experienced and independent judges. Many well known judges operate from the days of the Saddam Hussein regime and political interfere and influence of judiciary staffing naturally places the integrity of courts into question.

Judges should have the utmost credentials and integrity in the fulfillment of their important duty. Lawyers and Judges must themselves be protected by law. No judge or lawyer, however a controversial a case that they defend, should be a victims of the system themselves and become targets for abuse.

Training and qualification of judges must be an integral part of any government motion to shaping the judicial system.

Judges and lawyers must possess wide ranging knowledge, specifically in dealing with social and ethical issues. There must very clear guidelines and a transparent method for dealing with aspects such violence against woman, perjury and the abuse of power.

The title of judge carries a special responsibility and as such wrongdoing or corruption at this level, becomes a key frailty for all of greater society. As such impartiality is a firm prerequisite and courts and judges can only function and fulfill their duty when they work strictly within the remit of clearly defined laws.

Any outside interferences or corrupt judges should itself be punished by law.

Equal before the law

The fulcrum of the judicial system must be equality for all of the citizens that it serves. This virtue should be granted regardless of ones political background or ideology and regardless of their race or religion.

An effective judicial system can only work with a government committed in formulating the main rights of society and enshrining these into laws to ensure their protection. A civilized democratic system means the provision of freedom and rights and ensuring that they are protected.

Democracy and a functioning judicial system work hand in hand, the absence of any of them strongly promotes a system that can be distorted and manipulated to ones advantage against the loss of another. This is against the every essence of justice.

An affective and respected judicial system is the most effective deterrent to those who wish to break laws or abuse their legally attained powers. There should be no slip up or double standards in the application of law or the pressing of charges.

A court ensures that the rights of a person are protected and judges can make decisions on criminal and civil cases. Any criminal offenses or breakages of law should only be acted upon with the provision of evidence and relevant witnesses.

In any state, the police force is generally the body that protects the community from those who break the law, in other words they are the law enforcement body and the “guardians” of the civil society. Consequently the government must be the main sponsor in ensuring that breaks in law are dealt with in a systemic and non-prejudiced manner.

The judicial system should aim to serve the core aspect of justice and justice alone.

Government recognition and initiatives

Although at times progress has been slow, to their credit the Kurdistan Regional Government (KRG) have often openly discussed and acknowledged deficiencies.

The KRG has initiated a number of key measures to support the judicial system. For example, the establishment of the Kurdistan Judges Union in 2007 was an important benchmark that the KRG Prime Minister Nerchirvan Barzani hailed as an important step towards his goal of an independent judicial system.

Prime Minister Barzani painted a strong picture in his speech on the importance of a “strong, independent and impartial judicial system”. Without such concepts according to Prime Minister Barzani, “it (society) cannot become a socially progressive, modern or a civilized society, a politically prosperous or stable community, or a developed commercial or economic”. In other words the presence of a strong and respected judicial system envelopes almost every aspects of society.

According to Prime Minister Barzani, “an independent judicial system is one of the most important and remarkable features of a genuine civilized democratic system”.

KRG has often emphasized its reform programs and reaffirmed their commitment in building the kind of judicial system needed to carry the region forward. Prime Minister Barzani in particular has often spoken passionately about modernizing and creating a strong, respected and independent judicial system. However, reformation and implementation of initiatives has at times been slow 

In a speech at a meeting around rule of law capacity building plan in February 2009, Prime Minister Barzani outlined six steps that were deemed highly necessary in achieving their goals. This included judicial training, simplification of the judicial process, developing investigative skills and technology, improvements to the prison system, public education curricula and benefiting from international initiatives conducted in the Middle East.

Prime Minister Barzani has been bold and dedicated to the renovation of the judicial system project as a one of the pillars of government. At the same speech, he focused on the judicial system as a major interdependent component, who’s failure to be achieved could “…hold back progress across a range of issues.”

Current situation

While some allegation by critics that there is an absence of the rule of law is somewhat exaggerated, Kurdistan lacks a number of aspects in regards to the application of law and also in the current judicial setup.

A principle step would be the advent of an official constitution when it is finally passed in parliament. After all, the blueprint of a democratic society as well as a judicial system is the presence of a constitution. This is followed by the onset of key laws to protect the rights of society. Such laws form as the fuel on which to operate the judicial vehicle.

Judges can pass judgments and lawyers can defend cases, but the ground level of the judicial system and protection of the rights of every individual is an organized, professional and experienced police force.

The current saturation of security forces must be reorganized with a much clearer delineation based on those protecting the region i.e. the Kurdistan Army and those installed to serve the law and the ensure the rights of the people are protected and respected. The police force must be trained to collect evidence, follow strict protocol and treat every individual with equality and respect 

At the base of society, if the police themselves do not correspond to law or are not in turn subjected to the rule of law, then the main ‘guardian’ of the judicial system critically fails.

The onset of key laws

On the one hand, the implementation of the rule of law must be firm. On the other hand, the government must support and encourage bodies to form new laws and legislation.

Some of the key changes include ensuring that criminal records are kept for all individuals. Any act of harm or violence, outside of the right of defense as determined by law, should be punishable in due accordance with the case in question. Any undue harassment, infiltration or subjugation of any individual should be strongly discouraged by relevant laws.

Similar to European countries, Kurdistan must have a strong adherence to a high-way code to regulate traffic. Traffic offenses such as speeding, should be upheld, including introducing a points-system on licenses. Cars should not be driven that fail to pass important health and safety and environmental standards. Insurance for all drivers should be a prerequisite, to ensure protection for all citizens.

If people understand they can not “get away” with trespasses of the law or breaks in social boundaries, then such offenses will be naturally reduced. For instance, protection for woman has certainly increased in law, but more should be done to punish those who perpetrate domestic violence.

Critically, no matter how many laws are in place, if a climate of fear is not dropped then woman in particular will never be keen to approach the law enforcers. Currently many crimes go unpunished due to fear of reprisals.

Businesses operating outside of laws and regulations should be met with fines and reprimanded, for example selling of expired produce and medication or products that clearly do not meet quality standards.

Laws and regulations must not only take into account fundamental civil rights and freedoms, other offences that damage environment or private property should be contained within legislation. For example, littering is a serious issue in Kurdistan and should be punishable according to the guidelines of the law concerning the offence.

Laws surrounding general public life such littering and motor regulations, should be clearly marked with appropriate sign-posts in public locations. Other rights of an individual should be communicated via other relevant mediums. People must be aware of their rights in a free civil society as well as their obligations in turn to the same society.

Non-governmental organizations

The best way to “police” or oversee governorate bodies or the police itself is the encouragement and support for non-governmental organizations (NGOs). In principle, the KRG has been very open when it comes to scrutiny from international bodies and has strived for improvement at consistent intervals. However, the advent of truly independent and unhindered NGO bodies within the Kurdistan region, who work under the protection of the law, is highly essential. Kurdish NGO’s have often complained of interference and obstacles in the fulfillment of their work.

Such independent bodies are arguably the best gauge on which to analyze civil liberties of society and to evaluate the integrity of the judicial system. Similar to NGO’s, trade unions should be encouraged in the quest for attaining a modern civil society.  Trade Unions should be independent and serve a broad range of interests.

The knowledge of a security and police force that has integrity and is itself not immune to the law is the best signal to society.

In Kurdistan, often who you know goes a long way. However, breaks in law should not be masked by one’s status. Cases were breaks in law are condoned or are “erased” due to influences higher up, should itself come under strong scrutiny and the law, without ramifications.

Economic and investment

Judicial system does not merely apply to ensuring civil rights, protection of freedoms and bringing criminals to justice. The judicial system must also strongly protect aspects of business and investment.

The economy is booming in Kurdistan and business interest is building rapidly, however for the government realization of strong foreign investment to take off, foreign companies must have the assurance that they are strongly protected under Kurdish law.

Furthermore, Kurdish business itself must be regulated and protected by law and clear guidelines. This ensures fiscal corruption is limited and no business can operate outside of the law or at the expense of another. Ensuring free trade in business is much like ensuring freedom in civil society.

Freedom and equality runs deep in business too. There will undoubtedly be lawsuits against business, but for the evolvement of Kurdish society, employees must be protected. This includes cases of wrongful dismal, sexual harassment or discrimination. These are all aspects that are protected by law in Western societies.

In reality, the move towards a western model of democracy and civil society will take time. However, the main factor for the KRG is to develop the foundations with great care. Its not east for a region that has only gained self rule for a very short period of time and in a historically hostile region, to meet their own high-expectations all too easily.

The first step is to change the mindset of the population and win their trust that breaks in law will be dealt with equitably, seriously and without exception.

The road to fulfillment of goals

By the lofty standards that they have set and improvements they have openly discussed, the government is still on the road to fulfillment but the journey has many strides to go.

Achievement and modernization, especially in a short period of time, is not easy but half the battle is a realization of your failings and discussing them in clear and frank terms. The other half of the battle may take time, but needs to be driven consistently and with determination.

Recent legislation to enhance judicial independence is most welcome, but this is only one cog in the greater judicial machine. The other cog is strengthening of sources of law that regulate rights, and sources that also serve to determine the level of punishment. As discussed, the principle of the rule of law must be clear and consistent, no matter the background, affiliation or status of an individual.

The most component, however, of the judicial vehicle are of course the drivers themselves. Without proficient, dedicated and highly respected judges and lawyers with the utmost integrity, the new all conquering judicial machine will simply stall.

With the onset and encouragement of NGO’s and regulatory authorities, this will further ensure that not only does the region have a productive and efficient judiciary system, but also one that is transparent, openly works independently, consistently and that itself functions to the rule of law.

As such individuals should have the right to retrials and appeals, and the system should be clear for taking cases to higher courts or even international courts.

After the fall of the brutal Saddam dictatorship, Iraqis chose the courts as the method to inflict justice. Justice through civilized channels echoes more strongly than any other form of retribution.

First Published On: Kurdish Globe

Other Publication Sources: Peyamner, Various Misc.

As Kurdistan Government battles back against damning Amnesty International Report, the truth may well be somewhere in the middle.

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Human rights organization, Amnesty International, issued a new report on Kurdistan Region based on a fact finding mission in 2008. Whilst sounding improvements in the region, the main sway of the report was a warning that Kurdish security forces operate “beyond the rule of law”.

In a stark disapproval, Ismat Argushi, General Director of Security in Erbil, accused Amnesty international of hypocrisy, the use of outdated chronicles in allegations and lack of proof or evidence in some of the proposed cases.

Whilst one must assess the report by Amnesty International and the subsequent statement by General Director of Security in Erbil in due course and merit, the truth in reality is somewhere down the middle.

Kurdistan Region has taken remarkable steps since their hard-fought gains towards autonomy with a transition towards a system of democracy that is not only a first for Kurdistan, but is also new in Iraq. While advances have been made, the shortfalls and setbacks are obvious. Democracy and civil society is still in a period of infancy, and no democracy or nation renowned for human rights have reached the levels of today without their due teething-problems, obstacles and periods of instability.

Any reports by right organizations, Amnesty International or not, must address the subject firmly within its context. It’s very easy to pick out all the failings of a democracy and governance, who are although taking rapid steps towards modern society still have fundamental shortfalls that they have openly admitted that they are addressing.

In particular, in the post Saddam years since 2003, the Kurdistan Region has made strong strides in a number of areas with the advent of new laws around the media,  preservation of woman rights and protection of ethnic minorities. In many respects, particularly the rights of women and secular institutions, Kurdistan is much better placed than their Iraqi counterparts further south or some of their neighboring countries. Again when judging a subject within its context, one can see Kurdistan has some of most liberal press laws in the region.

The report by Amnesty International accused the Kurdistan Regional Government (KRG) of failing to significantly diminish the powers of the Asayish, especially the Parastin and the Dezgay Zanyari securities agencies of the two main ruling parties in Kurdistan, KDP and PUK.

The report highlights the relative stability in the region compared with the violence further south, whilst acknowledging it has “made some important human rights advances”. However, according to Malcolm Smart, Amnesty International Middle East and North Africa Programme Director, this should not mask the fact that “real problems” remain in the region, including “…arbitrary detention and torture, attacks on journalists and freedom of expression, and violence against women…” Amnesty International has urged the KRG to address these matters immediately and hold those responsible for human rights violations, “The KRG must take concrete steps to rein in these forces and make them fully accountable under the law if recent human rights gains are to prove effective,” said Smart.

While noting that the number of cases of detainees without charge or trial had dropped from thousands to hundreds, it concluded that cases of torture in custody remained high. The authorities must do more to uphold media freedom according to the report, whilst pointing to the need to “…redouble their efforts to overcome discrimination and violence against women”, citing cases of honor killings, violence and subordination.

The broad allegations by Amnesty International, was largely rebuked by the detailed statement released by Argushi. 

The perception of the statement was that the generalized nature of the report was not an accurate reflection on developments in the region in recent years and in particular was misleading to base some cases on old Baathist penal systems. The statement emphasized the government stance toward the importance of the rule of law and highlighted how the appointed legislative bodies had subsequently worked towards “…to draft new criminal codes in-line with international standards.”

The statement points to the “positive and encouraging steps” acknowledged in the report and specifically emphasized steps taken on a number of aspects of civil society and the rule of law in the quest to move toward a healthy democracy. Argushi believes “…this clearly demonstrates the KRG’s serious, concerted efforts to hold ourselves to the highest international standards on these issues”.

The statement in particular defends the Asayish, who were the main subjects of criticism, showcasing their “openness” and the fact they do not operate outside of the law. The statement showcased the strong government stance against the use of torture and the mechanisms available to punish the abuse of authority.

The Kurdistan Region has been very keen to move towards a more Western model of democracy and civil liberty. Human rights are something that the Kurds understand very well, after all it is a notion that they have been deprived from for so long. However, aspiration is one thing and advancement and attainment is another.

Whilst the Kurdistan Region has set these high-expectations, this doesn’t mean they can be achieved without its share of pains and criticism. However, in turn only with the acceptance of constructive criticism can such lofty heights be reached.

In the Kurdistan Region, minority representation is beyond the rest of Iraq and the greater region. When the rest of the country is ubiquitously bogged in violence and sectarian bloodshed, the security apparatus will never work perfectly, especially in the tough hostile political climate that is Iraq.

On their part, the Kurdistan Region should work towards eradicating the level of notoriety currently around the Asayish and some elements of freedom. A continued level of transparency is needed and region must in general at least demonstrate solid progress in any future report.

On the part of Amnesty International, it is very easy to be hyper-critical when you represent the sacred life and rights of a human been. However, even in a place like US, if one should delve deep into the subject matter, the police and security forces would come under heavy scrutiny. Even today there are cases of police racism and detainment of terrorism suspects under the harshest of conditions.

Let’s not forget a modern democracy such as Turkey with hopes and aspiration to join the elite EU club, has some of the notorious human rights records in the region, and long denied even the existence of a large section of its population.

First Published On: Kurdish Globe

Other Publication Sources: Peyamner, Various Misc.

A Look at Democracy in Kurdistan

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From fighting in the mountains to running in parliament, fundamental achievements have been made since 1991 but democracy is still bogged by changing times, factional alliances and increasing expectations of the people.

To state that 1991 was a unique milestone in Kurdish history is perhaps the understatement of the century, for the Kurds, quite literally.

The Kurds have suffered immeasurably under authoritarian Arab rule since the creation of the artificial state of Iraq. Finally free from the totalitarian grip of Saddam Hussein after immense sacrifice, Kurds were now able to decide their own future and also showcase the virtue of self-determination that they had been deprived for so long.

And what better way to showcase your credentials for statehood and self-rule than show the world and your nemesis in the region that you are capable of a democracy and a way of governance that not only would be unique in Kurdistan as it would be a first, but one that could also serve as a benchmark for the rest of region.

Sometimes the best way to highlight what your enemies fail to give you is to implement it yourself. Kurds have tried hard to implement a system of tolerance to other religions and ethnicities that they themselves have not received. Where their democratic liberties have been deprived, they have chosen to win back their lost rights such as over the city of Kirkuk, in a democratic manner than by using the same force that their enemies would have used on them.

Iraqi Kurdistan legislative elections of 1992

On May 19th 1992, history was made as the first ever elections were successfully held in Iraqi Kurdistan. For the first time, the Kurdish people could choose who they voted for as elections were made to the Kurdistan National Assembly (KNA), the parliament of the Kurdistan Region. It was not only the first ever elections in Kurdistan, but was also the first free and fair parliamentary elections in Iraq itself.

105 seats were made available in the KNA with 5 seats reserved for the Assyrian community. The 7% threshold that political parties had to achieve ensured that the seats were contested between the two main parties in Kurdistan, Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK) led alliance. This system naturally alienated some parties such as the Islamic Movement of Kurdistan (who achieved just over 5% of the vote), and this later contributed to difficulties with Islamists in later years.

Though the KDP had won 51 seats and the PUK alliance 49 seats, it was agreed to share power 50-50. The first law was passed by the assembly a few months later, establishing it as the region’s legislature. 

The elections were clearly a monumental achievement for a region that had fought hard to see such an elusive day, and was well commended by a number of international observers.

However, for all the early promise, democracy in Kurdistan fast displayed a number of fundamental flaws as the infant roots of democracy in the region would soon haunt the short-lived gains.  

Civil war and the stalling of democracy

The euphoria around the recently won freedoms and the historical milestone of democratic elections soon turned sour. A number of differences soon resulted in perhaps one of the most unforgettable events in Kurdish history, as a bloody civil war between the PDK and PUK Peshmerga forces raged between 1994 and1997.

In the period around the civil war, and the ensuing years after it, democracy suffered a major setback in Kurdistan. The deep rifts between Massaud Barzani, who narrowly won the presidential elections that were conjointly held in 1992, and Jalal Talabani, resulted in control of Erbil changing hands between both sides on a number of occasions

Iraqi Kurdistan was then affectively split into two administrations, one PUK controlled from Suleimanyia and one PDK based from Erbil. The de facto delineation between both administrations naturally diluted full democratic practices. This period saw freedoms restricted and a tense political climate in the two major cities. Tolerance for supporters of each group in opposing regions was minimal.

A UN embargo on Iraq coupled with Saddam’s own brutal economic impediment on the region, further compounded matters in the region.

This was made worse, as Kurdistan at the time before UN oil for food program, suffered from inflation and lack of commerce and basic necessities.

However, with the UN agreeing to permit authorized oil exports in Iraq, on the provision of aid to the people, this brought a welcome relief for the Kurdish people. A 13% share of oil revenues, and custom duties from trade with Turkey, brought welcome income to kick-start much needed development in the region.

Washington Accord

Although no major fighting took place after 1st September 1996, it was much a case of no war and no peace. This was until a peace deal, referred to as the Washington Accord, was brokered under the auspices of the Clinton administration, that saw both the PDK and PUK agreeing to a transitional power sharing followed by elections,  equitable distribution of revenues and the easing of restriction of movement between their regions.

With the Kurds extremely keen to win support for long-term Kurdish autonomy, there was little room for a lack of reconciliation.

In spite of the agreement, the thawing of ties was very much at a leisurely rate and animosity remained. Implementation of the accord was stalled by disputes over revenue and the format of the proposed joint administration.

In 2001, the administrations finally resumed formal dialogue and eased restriction of travel. The two sides moved quicker to resolve their differences with the emergence of a militant Islamist group, Ansar al-Islam with ties to al-Qaeda. Reconciliation was deepened further with US plans for the removal of Saddam from power in 2002. Barzani and Talabani had the first face-to-face dialogue in this time for seven years.

The Kurdish parliament convened later that year for the first time since 1994 to implement the Washington Accord and get the ball for legislative elections rolling.

General elections were not held until 2005, almost 13 full years since the landmark elections of 1992 that offered much hope to a nation that was already ravaged by repression and war, but delivered setbacks.

Changing political climate post 2003

Although a grainier form of democracy was still practiced with relative civil liberties and municipal elections in opposing administrations, it was hardly in a commendable shape prior to 2003. The fall of Saddam Hussein and the second Gulf War, not only brought unprecedented elections to Iraq, but also kick started democracy in Kurdistan.

With the removal of Saddam Hussein and all the prospects of a new Iraq, Kurdish leaders were at a unique juncture. Under full international view placated by a growing threat from the Turkish government over ever-increasing Kurdish ambitions at the dawn of their new era, Kurds could ill-afford not to represent a united front lest waste an opportunity to promote a strong brand of democracy in their region, as Iraq hit the international spotlight. A united front was encouraged by the US, with strong ties and a reliance on Iraqi Kurds, as their Iraqi adventure was soon derailed.

Elections to the KNA were held on 30th January 2005, to coincide with the Iraqi elections and elections to the provincial elections. The turnout was high as over 1.7 million people voted. There were 111 seats contested in the elections via a system of proportional representation. This time the PDK and PUK united under one list, the Democratic Patriotic Alliance of Kurdistan, attaining 104 seats or just over 89% of the votes.

The alliance, at least on paper, forged a strong unity across a number of parties, including the Kurdistan Islamic Union, Turkmen Party and other minority parties.

Current state of democracy

Although the democratic system in Kurdistan is far from perfect, achievements in less than 2 decades and particularly in the last 6 years have been historic. No democracy has ever flourished without its pains and conflicts, and Kurdistan is no different.

In the time since its inception, the parliament has passed a number of important laws, covering press, economy, administration, general society and culture. The improvements in freedoms and laws since 2003 have been noticeable, for example with increasing rights for woman and increased government tolerance to opposition.

Elections for the KNA are to be held every four years as stipulated in article 8 of the Kurdistan Electoral Law. Elections for the KNA are based on a closed party-list representation system, meaning that the electorate votes for the list of candidates of a party rather than individual candidates. Seats are allocated to each party in proportion to the number of votes it receives, and the party is then free to choose someone from its candidate list.

Amongst the main highlights of the Kurdish democratic experience is that the system of government is secular, freedom and practice of faith are high and there is a strong encouragement for wide representation across ethnicities in the region. As an example, there is a liberal attitude to alcohol consumption, wearing of head-scarves and public expression of love.

The current system ensures that if no party representing a minority wins a seat, one seat is automatically awarded to that minority (for example, Assyrians, Chaldeans or Turkmen). There is currently one independent and 14 political parties represented in the KNA.

Another fundamental benefit in the current system is the strong representation for women with the legal requirement that at least 25% of the parliamentarians must be women.

The passing of several laws has heavily contributed to the regions relative economic progress and social progression in recent years. Politicians have been generally quick to adapt laws to accommodate the present socioeconomic environment and modernize the legislative aspects of the region in line with modern-day demands, for example a European standard investment law, the outlawing of polygamous marriages and increasing intolerance to honor killings.

Although, the KRG has evolved a great deal of the past few years, high expectations of the people, means that the government will need to continuously adapt to meet the growing pressure from the public.

For example, an open party listing where people can choose their candidates is strongly advocated. Such a system, were individuals are directly voted into parliament, puts the people more in choice of their democracy and at the same time places pressure on politicians to serve the very people, who have purposely selected him to full his duty.

Flaws of the democratic system

Although, the achievements have been commendable in a short period of time, there are also a number of flaws in the application of democracy in Kurdistan. Elements of corruption still exist in government and nepotism has been an all-too frequent criticism. Although, the major cities have seen major economic boom and construction projects, basic services are still lacking across the social spectrum. The increasing economic prosperity, has created a growing rich-list and depending on where you visit in Erbil, there is a contrasting standard of living amongst the citizens.

There is still an element of apprehension that the parliament is really supporting and serving the people.  There is a general consensus that parliamentarians have to be more attentive to public concerns and demands. Accountability must increase for this to be realized.

In the West, where politicians make mistakes or attract controversy, their political careers are often quickly doomed and public enquiries are launched. However, this level of accountability to perform, answer to mistakes and actions and generally deliver under great public strain is somewhat lacking.

However, to truly augment the democratic process, the availability of an experienced and proficient pool of politicians to create a vibrant level of competition and opposition takes time. The transition from been freedom fighters in the mountains, to running a Western democracy is hardly a small gap to plug.

Regional expertise and intellectualism has improved significantly, aided by an educated and developing Diaspora. As the people become more accustomed to rights, freedoms and privileges, this has increased pressure on the government to raise parliamentary standards.

The parliament must respond to the will and voice of the people, which is not always the case in Kurdistan.

However, one must also judge a subject within its context. With the exception of Turkey, which houses many constraints of its own, neighboring countries can hardly be classified as model democracies. Democracy in Iraq itself is flawed, with many constitutional stipulations voted by millions such as article 140 failing to attract serious attention in its implementation.

At least in Kurdistan minorities have representation, for decades the Kurds, forming a large part of the population of Turkey did not have a single voice in the Turkish parliament. Even today, cultural tolerance is hardly to a European standard, and this comes from a country who has received wide-scale credit as a strong example of an Islamic democracy and with ambitions to join the EU.

With a good level of religious and social tolerance and a ubiquitous aim of attracting support from major global powers, it is evident that Kurdish leaders have obviously tried hard to implement a system of government that is closer to the West than the geographically closer East.

The need for adaptation and evolvement

Democratic elections in Kurdistan are to a large extent predictable. Much like the US where certain states have become beacons of support for either the Democrats or Republicans, there is a general affiliation across parts of the region for either PDK or PUK. You can almost determine a rough geographical electoral line between the PDK and PUK.

However, although there have been criticism in the past of a lack of political opposition, there are signs that some political parties are evolving.  For example, recent instability in the PUK alliances briefly resulted in strong rumors of the splitting up of the party.

The Kurdistan parliament should work to become a reflection of the will of the people, and there must be a closer correlation between both sides. Politics must adapt to the people and environment and not the other way around.

At times in Kurdistan, it is who you know and not who you are that will help in your progress. Commerce, investments and administration still runs deeply through government. For example set up of companies, buying of land and the majority of the workforce is under the direct employment and jurisdiction of the government.

Growing freedoms in Kurdistan can be seen in the wide range of liberal papers, which are growingly confident in constructive criticism and opposition to the government and in the debate of regional affairs. Although, Kurdistan could tout a flourishing press since it won autonomy, too often they were mouthpieces or under the control of political parties. As a result, there was little room for independents without approval from government authorities.

The next elections in Kurdistan are just around the corner, May 2009 to be exact, and it serves to be an interesting reflection of the feeling of the people in the last 4 years or so. There is still a notion of a conceptual battle between the old school of thought and new liberal minds in Kurdistan.

Democracy in Kurdistan may not be perfect but Western democracy was not created in 2 decades. Even democracy in the US and recently in Europe, resulted in the rise of extremists to power and the manipulation of democratic systems, and the onset of deadly wars. Only these painful mental scars contributed to the efficient, tolerant and dynamic Western forms of democracy.

In an imperfect region, it is hardly fair to scrutinize Kurdish democracy and pick out its evident failing in a sea of political and social progression in the region in a short period of time. However this is no means an excuse for Kurdish politicians to rest on their laurels and not strive to improve the region, politic establishments and in the way the serve the very entity they have been created for, the people.

Just because Western democracy learned the hard-way by decades of evolution and adaptation amidst changing global climates, Kurdish politicians must not use this as an excuse to drag their feet on the advancement of democracy in the region. Time is not always a pertinent excuse for failings, if the failings are visible. There is nothing to say with tweaks and evolution, that Kurdistan will not become a model democracy across the global sphere and just the Middle East, in a much shorter time span than by most global standards.

However, we must not also forget that democracy in Kurdistan is to a great extent intertwined with democracy in Iraq, as they are officially part of one state. Democracy in Iraq is far from perfect and when it comes to the practice of federal democracy, such as the implementation of national legislations and an elected constitution, it takes two to tango.

First Published On: Kurdish Globe

Other Publication Sources: Hewler Post (Kurdish), Online Opinion, eKurd, Peyamner, Various Misc.

Kurdish Authorities Welcome CPJ Report on Kurdish Press

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While the Kurdistan Regional Government (KRG) has received much praise and attention as an oasis of peace and economic prosperity, particularly in contrast to an Iraq blighted by turmoil, one of the criticisms has been a lack of a fully liberal press.

Although a blossoming media has been witnessed in a relatively short period, with hundreds of publications in circulation at the present time, certain obstacles have tainted what is in essence a remarkable turna­round from the highly repressed state of the media un­der Baathist rule.

Reports on the state of journalism in Kurdistan have often criticized the government for harassment, de­tainment, and even physical abuse of journalists. Some widely reported cases have somewhat tarnished the overall image of the press. The government has been criticised for applying press laws from the Saddam era and for the general lack of independent publications. 

At the present time, most of the funding for the press is provided by political entities and the regional gov­ernment. With a lack of alternatives for funding, pub­lications are often under the de-facto hegemony of the government.

In recent developments, the Committee to Protect Journalists (CPJ), after conducting a fact-finding mis­sion, called on the Kurdistan Region leadership to immediately adopt a number of recommendations. In essence, it called for public condemnation of acts of violence or intimidation, the end of detainment of jour­nalists, to eradicate cases of threats and interference and ensure proposed KRG press laws abide by Article 19 of the International Covenant on Civil and Political Rights, where Iraq is a state party.

The recommendations also called for the suspension of the penal code that criminalizes defamation, insult, slander, and the publication of “false” information.

The suggestions by the CPJ were designed to press the Kurdish government not to pass or sign into law any bill that contains aforementioned measures or that may contravene established international press stand­ards.

Kurdistan Region President Massoud Barzani wel­comed the report by the CPJ. While acknowledging shortcomings, he highlighted the progress toward “greater liberties” and the ongoing evolution “…to­ward complete freedom.”

While acknowledging the government’s role in facili­tating a free press, he reiterated the importance of clear guidelines which the new bill, currently under discus­sion by the Kurdistan National Assembly, must serve to journalists and the responsibility of journalists on their part in ensuring a high level of professionalism, ethics, and also understanding and respect of the cli­mate in which they write.

Clearly, while it is easy to blame the government, the overall standard of reporting also requires focus.

Journalism has come a long way in Kurdistan, but the progression toward a Western-style press, particularly in the volatile Middle Eastern sociopolitical climate, will undoubtedly take time.

In conclusion, CPJ representatives credited the Kurdistan Region for taking positive steps toward es­tablishing greater freedoms.

First Published On: Kurdish Globe

Other Publication Sources: Peyamner, Various Misc.

As We Rejoice in the Dawn of the Spring Equinox – Let Us Never Forget the Sacrifice of Our Martyrs

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March – Forever, the Divine Month in Kurdish Folklore and History.

From ubiquitous hardship throughout existence to the brutal persecution at the hands of tyrants and oppressors in recent times, the Kurds have survived against the odds.

No amount of sophisticated military arsenal, attack helicopters, superior jets or even chemical weapons could defeat the resolve and determination of the nation. Even as global powers watched passively as merciless regimes across the mountainous plains committed unprecedented crimes in sheer daylight, the Kurds rejected repeated attempts to erase their identity. 

Indeed for many a year, the mountains have been our only friends. On the eve of this Newroz, 2008 can mark a new dawn in our heritage and existence. Lands can be divided and people can be dispersed against their will, but the unity of their hearts is indivisible.

Let us never forget the tremendous courage of our slain brothers and sisters, who fought in the mountains in spite of no food or shelter whilst facing bitter temperatures, without their families and against the toughest of obstacles. It is the immense courage of our martyrs that prevailed in battle. It was a refusal to succumb to second-class citizenship, to accept tyranny and to accept demise.

Weapons may wipe thousands of villages off the map but for a ferocious loyal, proud and valiant folk, their identity can never be driven off the maps of history.

As divinity and fortune would dictate, March will forever stand as a truly remarkable month in the history of every Kurd. There are three events that are perpetually imprinted within our blood and sprit.

The occasion of Newroz, marks the beginning of the vernal equinox, the beginning of a new day and the beginning of a new era in our existence. Each Newroz through thousands of years has reminded us of our ancient culture, civilisation and how the undiminished resolve of a forceful soul can overcome even the fiercest of tyrants, the cruellest of rulers.

It was in the March 1991 uprising that Kurds chose to forever expel evil from their land, to no longer accept second-class citizenship and begin a ‘Newroz’ or a new chapter of existence. It was the ‘Raparin’ of 1991 that opened the passage to the freedom, democracy and prosperity of today.

As we rejoice, dance and sing in delight on the occasion of Newroz, let us also pay the highest respects and tribulations for the thousands of our men and woman who faced death, in the manner that their legendary resistance fighters based their ethos. Without the selfless sacrifice of the thousands who chose their nationality and moral integrity over their own lives throughout history and in the uprising of 1991, we would never be where we are today.

Above each and everything let us never forget the atrocity of Halabja committed in March 1988. This will forever be etched as the blackest day in our history and also the day of greatest triumph. The day, as the world stood by and watched one of the gruesome acts ever afflicted – in the hour of beckoning and sorrow, the Kurdish eagle refused to die down. The eagle instead chose to strengthen its sprit, its resolve and the ferocity of the way it flew through the mystic lands.

Let us not forget ourselves in the mist of high-rise buildings, new highways, airports and the freedom of today. There is nothing wrong with assimilation into a democratic, modern and prosperous way of life – everyone has the right to a high standard of living, to a brighter future and to happiness, the Kurds are no different but let’s never forget the very essence that has made us who we are throughout our history. Let us not forget, our common spirit and ties of kinship that has placated our eternal path.

Our history has been tainted with stories of double-crossing and betrayals. Let us not linger in false sense of security, in a cocoon of neglect and taking for granted and to believe that we can depend on our allies. Let us not rest on our laurels and accept self-deception and belief that we have reached the end.

In our struggle and fight to preserve our identity, culture, history and to defeat the forces of repression – our fight is not over. For this is only the end of the beginning, our fight for stature, solidarity and nationhood begins on this Newroz.

Let the Newroz of March 2008, mark yet another epic milestone in our history.

First Published On: Kurdish Globe

Other Publication Sources: Peyamner, Various Misc.

Kurds United Against Aggression – Mass Demonstrations Held Across the Unites States

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Globe’s Bashdar Pusho Ismaeel Interviews Ara Alan, head of the successful Kurdish Youth Organisation in America

On 21st February 2008, Turkish forces invaded Kurdistan under the pretext of destroying PKK guerrilla bases. A flagrant breach of Iraqi and KRG sovereignty was affectively endorsed by US administration but widely condemned by a number of powers urging Turkey to show restraint.

Kurds across the world were angered and embittered by such arrogant and abrasive violation of international law. The widely condemned move was seen by Kurdistan region as Turkish ploys to undermine and destabilise the only stable and prosperous part of Iraq.

However, the Kurd have shown both in the region and in the Diaspora, that they are no longer the victims of aggression and belittlement by regional powers stuck in their imperialistic and outdated mindsets.

Ara Alan, helped organise a number of influential demonstrations across the US, in the very back yard of the US administration who seemingly were willingly to double-cross the Kurdish people once more, for the strategic gains of bowing to the Turks.

Bashdar Ismaeel: Can you give me a brief summary of the goals of the Kurdish Youth in America

Ara Alan: Our goal was to have a Kurdish opposition voice to Turkey’s unjust attack on Kurds. US tried to play both sides, the Kurds and the Turks. By keeping silence, they could keep the American people ignorant and out the situation. American people, today many favour Kurds. Having our voice heard in and out of Kurdistan can affectively pressure the US government to make the right decision which is not to allow turkey to interfere with Kurdistan.

Bashdar Ismaeel: How successful were the demonstrations scope and size in getting your voices heard by the Bush administration?

Ara Alan: We were successful. This was also the second wave of demonstrations that we held. The first wave was on November 2nd (2007). Kurdish population in US is low. So our demonstrations were based on quality and affective media campaign rather than number of people marching on the streets. We were successful on our Media campaigns.

Bashdar Ismaeel: Can you tell me briefly, what media coverage was received?

Ara Alan: We were able to receive coverage on many local and national TV, radio, Newspapers and bloggers. By having simultaneous demonstrations in, Washington DC, Nashville Tennessee, Atlanta Georgia, Jacksonville Florida, Dallas Taxes, Phoenix Arizona, San Francisco and San Diego California, we were able to multiply the affect of coverage. When we were covered by one station in one city, they would also report on all the other cities

Bashdar Ismaeel: What is the message that you want to send out to the Turkish military planning future incursions?

Ara Alan: We in one voice condemn their invasion and war onto our people. We ask the Turkish government to immediately; withdraw all their military with their bases and to put an end to the bloodshed that they have created. It should be clear to the Turkish government that Kurds are a proud nation. Suppression, imprisonment, kidnapping, Abraham Tanks, F-16s, Cobra helicopters, arterial bombing nor ground incursion and village burning can make us stop being Kurds!

Bashdar Ismaeel: How influential do you think the strong Kurdish Diaspora base cross USA and Europe can be in swaying international opinion?

Ara Alan: Very important, we nee much more attention and collaboration with Kurds inside of Kurdistan. We are the best message carriers. Many of us are citizens with many more citizen friends that can influence the vote a congressman/woman would need for an election. This potential must be capitalized by Kurdish people across USA and EU. On many occasions such as this demonstration, we very strongly need a backing from Kurdistan and Kurdish people. We ask Kurdish Youth in Kurdistan not to keep silence in face of Aggression. Brother and Sisters stand with us when we stand against aggression. Stand with us when we stand for justice, stand with us when we stand for Kurdistan.

Bashdar: Kak Ara thank you for your time, Kurdistan is thankful for the work of the Kurdish Youth movements everywhere.

First Published On: Kurdish Globe

Other Publication Sources: Kurdish Youth Organisation (KYO), Peyamner, Various Misc.