Unconvened Federation Council The constitution stipulates in article 65, that This would theoretically serve as the upper house of a bicameral legislature, and facilitate the passing of laws that pertain to issues related to regional and provincial authorities and governance. As of December 2024, the Federation Council is yet to be conveyed, which remains an obstacle insofar as the implementation of federalism is concerned. Due to this, the constitutional guarantee of decentralization has not been fully realized.
Dismantling Kurdistan Region Since the failed attempt of the
only federal region of the country to
secede in 2017, it has witnessed a gradual erosion of its authorities. The future relevance of the Iraqi federal model has been questioned as a resurgence of
centralism is evident. In February 2022, the
Federal Supreme Court of Iraq issued a verdict revoking the regional oil and gas law passed by the
Kurdistan Region Parliament on grounds of it being unconstitutional. This officially took effect after Iraq won an international arbitration case at the
International Chamber of Commerce in March 2023. Following that, the federal government halted all oil exports from the north of the country, dealing a massive blow to the federal region's economy. In September 2023, (according to a report published by
Al-Monitor) the Prime Minister of the Kurdistan Region,
Masrour Barzani sent a private letter to then President of the United States,
Joe Biden urging him to intervene, stating: "I write to you now at another critical juncture in our history, one that I fear we may have difficulty overcoming. …[W]e are bleeding economically and hemorrhaging politically. For the first time in my tenure as prime minister, I hold grave concerns that this dishonorable campaign against us may cause the collapse of … the very model of a Federal Iraq that the United States sponsored in 2003 and purported to stand by since." In February 2024, the Federal Supreme Court issued two verdicts; In one verdict, it ordered the
KRG to hand over all of its revenues to the federal government as a precondition to it receiving its annual share of the federal budget. In another verdict, it revoked and amended Kurdistan Region's Election Law, setting a legal precedent for the latter. By amending its legislation the Court effectively superseded the Kurdistan Region Parliament. In January 2024, Kurdistan Region PM
Barzani said: “The attacks targeting the Kurdistan Region are deliberate attempts by our enemies, opponents, and traitors to dismantle its structure. Their objective is to weaken the Kurdistan Region through sustained aggression and pressure, with the hope that it will eventually collapse.” The undoing of Kurdistan Region's authorities is indicative of the shift in the political model of governance in Iraq towards pre-
1991 unitarianism and a sign that the
federal government is reasserting control.
Unimplemented Article 140 Article 140, Second, of the Constitution of Iraq states: “The responsibility placed upon the executive branch of the Iraqi Transitional Government stipulated in Article 58 of the Transitional Administrative Law shall extend and continue to the executive authority elected in accordance with this Constitution, provided that it accomplishes completely (normalization and census and concludes with a referendum in Kirkuk and other disputed territories to determine the will of their citizens), by a date not to exceed the 31st of December 2007.” The Transitional Administrative Law Article 58 in question stipulates that areas that were previously affected by
Baathist policies of demographic change as well as territorial changes such as redefining borders of governorates, have to be “normalised” demographically as well as administratively by restoring them to their initial ethnic composition as well as provincial boundaries. Those that were forcibly relocated or otherwise disenfranchised by the previous regime have to be resettled to their original estates or provided compensation. With regards to those “newly introduced” settlers that were brought there by the previous Baathi regime, they also have to be compensated and relocated. Finally, a census would be conducted to determine the official ethnic composition of the territories, as well as a referendum that would determine the status of the disputed territories; that is, whether or not they would become part of the Kurdistan Region. As of November 2024, not a single practical step has been taken to implement the provisions of the article, in fact, Kurdish authorities have alleged that the Iraqi government has resumed the Arabization of disputed territories. == Proposed federal regions ==