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The of Iraqi Kurdistan: Towards Federalism or Secession?

Ala Jabar Mohammed April 2013

Thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in at the University of Canberra, Australian Capital Territory, Australia

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Abstract

Scholars of ethnic conflict resolution have suggested various approaches to addressing the ethnic right to self-determination, especially when an ethnic group perceives itself to be a nation. These approaches include autonomy, federation and confederation. One neglected area is whether an ethno-nation feels that one of these institutional designs can accommodate their aspirations or is secession their ultimate goal, especially in an ethnically divided society? For this reason, the politics of Iraqi Kurdistan presents as a particularly interesting case study with which to examine the tension between internal self-determination and secession, and test the utility of one such design, namely, federalism.

Since 1992 Iraqi Kurdistan has been in a politically more advantageous position than other parts of Greater Kurdistan in Turkey, Syria and Iran because population has gained an autonomous status. On 5 April 1991, the UN Security Council adopted Resolution 688 setting up the Safe

Haven for the Kurds in Iraq by the Allies following the second Gulf War, thus acting to prevent the Kurds from facing an uncertain future. The Kurds used this opportunity to elect their first parliament on 19 May 1992 and to establish the Kurdistan Regional Government.

Since 1992 this Kurdish polity has been evolving, but its possible political futures have not been empirically examined in-depth. Thus, this thesis focuses on the issue of the future of Kurds in

Iraq. It examines whether the formation of an independent Kurdish is feasible and plausible.

The research involved enquiry into the political views and activities of the Kurdish people in

Iraq, asking them about their desired political future for Iraqi Kurdistan and their perceptions of what is feasible. In addition, this study used the researcher’s field observations and data drawn

iii from secondary historical sources to provide a better and more profound understanding of Iraqi

Kurdistan’s political futures.

It was found that while Kurds considered themselves to comprise an ethno-nation and be entitled to nation-statehood, most people believed that autonomy within Iraq is the most feasible future.

Further inquiry into the nature of this autonomy found that the pluralist type of federalism was seen as the most preferred and feasible political arrangement to address the question of Kurdish self-determination in Iraq.

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Dedications

I dedicate this thesis to:

Mylate father, Martyr Jabar Mohammed Jabary, who fought for justice, freedom and democracy.

My late mother, An’am Abdurrahman Jassem, who devoted herself to raising me and encouraging me to further my education.

And those who are fighting for a just cause on this globe.

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Acknowledgments

I would like to thank the many people who have assisted me in the research and conduct of this thesis. First of all, I would like to express my sincere thanks to my supervisor Professor Mark

Turner for his continual guidance, support and encouragement throughout the duration of this study. I consider it a privilege to have had the opportunity to work with him and share his valuable knowledge and expertise. Special thanks go to all academic and supporting staff of the

School of Business, Government and Law at the University of Canberra.

I would also like to thank all those who participated in the questionnaire survey and interviews and shared their valuable views on the political futures of Iraqi Kurdistan. In addition, I would like to express my deep gratitude to Professor John McGarry who shared his priceless knowledge on federalism and gave me a great chance to visit Queen’s University in Canada to use its generous library resources on federalism. Moreover, special thanks go to Beth Barber, an academic English lecturer at University of Canberra, and Robyn Keech for editing my thesis.

Last but not least, final thanks go to my family and friends. I am truly grateful to my brother

Sherko and my sister Juan for supporting me all my life. Special thanks go to my American father Foy Hartman and my American friends Michael Rubin and Kathy Pearce-Fuad for their continual encouragement and support.

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Table of Contents

Abstract ______iii

Certificate of Authorship of Thesis ______v

Dedications ______vii

Acknowledgments______ix

Table of Contents ______xi

List of Figures ______xvii

List of Tables ______xix

Abbreviations ______xxi

Appendices ______xxiii

Chapter One: Introduction ______1

Introduction ______1

The Kurdish Self-determination Issue in Iraq ______4

Research Problem and Question ______6

The Objectives and Significance of the Research ______6

Justification of the Research ______7

Thesis Organisation ______8

Chapter Two: Research Methodology ______11

Introduction ______11

The Case Study Approach ______11

Mixed Methods ______12

Location of the Empirical Study ______15

Data Collection ______16 Semi-structured interviews ______16

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Questionnaire survey ______17 Documents ______18

Non-Participant Observation ______19

Data Analysis______21

Triangulation ______21

Sampling Design of the Field Research ______22

Research Limitations ______25

Conclusion ______26

Chapter Three: Ethnicity, Nationhood and the Right to Self-determination ______27

Introduction ______27

Ethnic Identity and ______28 Ethnic group and identity ______28 Ethnic nationalism ______37

Self-determination and ______43

Practices of Ethnic Conflict Resolution Arrangements______49

Secession ______49

Federalism ______55 Mononational/integrative federation/federalism ______59 Multinational/pluralist federation/federalism ______62 Symmetry ______68 Asymmetry ______72 Paradiplomacy ______76

Federacy ______79

Conclusion ______85

Chapter Four: Iraqi Kurdistan from 1918 to 2009 ______87

Introduction ______87

Iraqi Kurdistan Profile ______88

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The British Occupation in 1918 and Sheikh Mahmud’s Revolt ______91

Sevres Treaty of 1920 and the Mosul Problem ______95

The Kurds and the Republican Regime 1958-1968 ______99

The Kurds and the Ba’ath Regime 1968-1990 ______102 The autonomy agreement of 1970 ______102 The Algiers Agreement of 1975 ______104 The Anfal campaign and chemical bombing ______105

The Gulf War and the Kurdistan Regional Government 1990-2003 ______107 The no-fly zone and the Kurdistan Regional Government ______108 The internal Kurdish war ______112

Operation Iraqi Freedom and the Kurds 2003-2009 ______117

US Policy Towards the Kurds in the Post-Saddam Iraq ______121

Turkey and the Kurds ______124

Conclusion ______129

Chapter Five: Federalism or Secession as a Remedy for the Kurdish Question in Iraq: Perspectives from the Public Sector ______133

Introduction ______133

Kurds as a Nation or an Ethnic Group? ______135

Federalism as an Acceptable Political Arrangement for Iraqi Kurdistan ______137

Federalism as a Stabilising Factor in Kurdistan and Iraq ______146

The Iraqi Government’s Position on Federalism______156

Secession as a Solution to the Kurdish Question in Iraq ______160

Internal and External Impediments to the Creation of a Kurdish State ______164

The American Role in the Kurdish Quest for the Right to Self-determination ______175

The future of Iraqi Kurdistan ______177

Conclusion ______181

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Chapter Six: Federalism or Secession as a Remedy for the Kurdish Question in Iraq: Perspectives from the Non-state Sector ______183

Introduction ______183

Kurds as a Nation or an Ethnic Group? ______184

Federalism as an Acceptable Political Arrangement for Iraqi Kurdistan ______185

Federalism as a Stabilising Factor in Kurdistan and Iraq ______191

The Iraqi Government’s Position on Federalism______198

Secession as a Solution to the Kurdish Question in Iraq ______202

Internal and External Impediments to the Creation of Kurdish State ______204

The American Role in the Kurdish Quest for the Right to Self-determination ______214

The Future of Iraqi Kurdistan ______218

Conclusion ______220

Chapter Seven: Federalism or Secession as a Remedy to the Kurdish Question in Iraq: Perspectives from Kurdish Students ______223

Introduction ______223

Demographic Characteristics of Respondents ______224

Kurdish Nationhood ______226

Possible solutions to the Kurdish question in Iraq ______227

Obstacles to the Creation of a Kurdish State in the North of Iraq: ______230

The Political Future of Iraqi Kurdistan ______238

Conclusion ______239

Chapter Eight: The Political Resolution for Iraqi Kurdistan: Federalism or Secession? __ 243

Introduction ______243

Ethnicity and Nationhood ______243

Kurds and Theories of Ethnicity ______244

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Kurds and Theories of Nationhood ______251

Self-determination and the Kurdish Question in Iraq ______256

Secession ______259

Federalism ______280 Federalism as a political arrangement for Iraqi Kurdistan ______280 Federalism as a political stabiliser for Iraq and Kurdistan ______288 Iraqi Arabs and Federalism ______295 Federal formula for Iraqi Kurdistan ______299 Federalism in the Iraqi Constitution ______306

The Future of Iraqi Kurdistan: ______309

Iraqi Kurdistan Federacy ______312

Conclusion ______316

Chapter Nine: Conclusion ______323

Appendix 1 ______337

Appendix 2 ______339

Appendix 3 ______341

Appendix 4 ______343

Bibliography ______347

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List of Figures

Figure 2.1: The Kurdish cities of Iraqi Kurdistan…………………………………………. 15

Figure 4.1: Map showing Greater Kurdistan………………………………………………. 88

Figure 4.2: Map of Iraqi Kurdistan………………………………………………………… 90

Figure 4.3: The no-fly zone in Iraq…………...…………………………………………… 110

Figure 4.4: The division of Iraqi Kurdistan’s administration after 1996…………………. 115

Figure 5.1: Perspectives from the public sector on federalism as an acceptable political arrangement for Iraqi Kurdistan…………………………………………………………… 146

Figure 5.2: Perspectives from the public sector on federalism as a political stabiliser in Kurdistan and Iraq ………...…………………………………………………………………………. 155

Figure 5.3: Perspectives from the public sector on the Iraqi government’s position on federalism………………………..………………………………………………………… 160

Figure 5.4: Perspectives from the public sector on the political future of Iraqi

Kurdistan……………...………...... 181

Figure 6.1: Perspectives from the non-state sector on federalism as an acceptable political arrangement for Iraqi Kurdistan…………………………………………………………… 190

Figure 6.2: Perspectives from the non-state sector on federalism as a political stabiliser in

Kurdistan and Iraq…………………………………………………………………………. 198

Figure 6.3: Perspectives from the non-state sector on the US role in the Kurdish right to self- determination…………………………...... 217

Figure 8.1: The theoretical bases for the perceptions of Kurdish nationhood…………….. 255

Figure 8.2: The strengths and weaknesses of external and internal impediments to the creation of a Kurdish state…………………………………………………………………………….. 278

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Figure 8.3: Respondents’ views on federalism as an acceptable political arrangement for Iraqi

Kurdistan………………………………………………………………………………….. 281

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List of Tables

Table 2.1: Selection of interview samples………………………………………………… 24

Table 7.1: Demographic characteristic of student survey respondents………….………… 225

Table 7.2: Gender distribution of student survey respondents…………………………….. 226

Table 7.3: Student views on Kurdish nationhood…………………………………………. 227

Table 7.4: Student views on federalism as a political stabiliser in Iraq and Kurdistan…… 228

Table 7.5: Student views on federalism as an economically preferable system for

Kurdistan…………………………………………………………………………………... 229

Table 7.6: Student views on secession as a solution to the Kurdish question…………….. 230

Table 7.7: Student views on corruption as a major obstacle to the creation of a Kurdish state………………………………………………………………………………………… 232

Table 7.8: Student views on the role of Kurdish nationalism as a factor demanding a Kurdish state………………………………………………………………………………………… 233

Table 7.9: Student views on the capability of the political institutions of Iraqi

Kurdistan…………………………………………………………………………………… 234

Table 7.10: Student views on the possibility of developing Kurdistan’s political institutions…………………………………………………………………………………. 235

Table 7.11: Student views on the Kurdish economy………………….…………………… 236

Table 7.12: Student views on US foreign policy towards Iraqi Kurdistan………………... 237

Table 7.13: Student views on the Iraqi Kurds’ united stance for achieving their political goals……………………………………………………………………………………….. 239

Table 7.14: Student views on the future of Iraqi Kurdistan……………………………….. 240

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Abbreviations

CPA Coalition Provisional Authority

IK Iraqi Kurdistan

IL International Law

IR International Relations

KDP Kurdistan Democratic Party

KRG Kurdistan Regional Government

KTP Kurdistan Toilers’ Party

PUK Patriotic Union of Kurdistan

TAL Transitional Administrative Law

UN United Nations

US United States

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Appendices

Appendix 1: The Treaty of Sevres of 1920, Article 62-4………………………………………337

Appendix 2: The Agreement of 11 March 1970………………………………………………..339

Appendix 3: Semi-structured interview questions……………………………………………...341

Appendix 4: Questionnaire survey form………………………………………………………..343

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