Dealing with Territorial Cleavages in Constitutional Transitions in Iraq

Abstract

This chapter examines why constitutional transition has failed to resolve Iraq’s territorial cleavages, especially the one between Arabs and Kurds. It first provides the context that led to the Constitution drafting process and the establishment of Iraq’s first federal arrangement that saw the merger of provinces to form larger regions. In particular, it considers a range of contentious issues that arose during the constitutional negotiations, not least of which was the ownership and management of oil and gas resources. Furthermore, the push for a more traditional form of federalism left minority views (generally those of the Kurdish negotiators) unrepresented. The chapter also analyzes the outcomes of Iraq’s constitutional transition, including the deterioration of the Kurdistan Region’s economic and political crises, before concluding with an overview of the key lessons that can be drawn from the process.