The Politics 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 Government 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 state 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 Nationalism ______28 Ethnic group and identity ______28 Ethnic nationalism ______37
Self-determination and International Law ______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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