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Iraq’s highest court suspends election preparations in Kurdistan

Iraq’s top court has suspended election preparations in the Kurdistan Region due to worsening political unrest

The political crisis in Iraq’s Kurdistan region is escalating as rival parties turn to Iraq’s highest court to make decisions about their electoral interests.

In February, Iraq’s Supreme Court declared unconstitutional the 11 quota seats in the Kurdistan Region’s parliament reserved for ethnic and religious minorities. (Getty)

Iraq’s Kurdistan region is mired in a complex political saga following a ruling by Iraq’s highest court.

Iraq’s top court has ordered a temporary halt to preparations for the Kurdistan Region’s parliamentary elections originally scheduled for June 10, after KRG Prime Minister Masrour Barzani filed a lawsuit challenging the distribution of seats.

The lawsuit challenges the distribution of parliamentary seats among constituencies and claims that the current allocation method is unconstitutional.

Barzani’s legal challenge goes to the heart of Kurdish politics and calls into question the fairness and legitimacy of the electoral system. The crux of the matter is that seats in parliament are allocated based on voter numbers, not population. Barzani argues that this practice violates the Iraqi constitution and previous Federal Supreme Court rulings. Furthermore, Barzani claims that the abolition of seats for minorities undermines the constitutional principle of fair representation for all Iraqi communities.

The Federal Court’s decision to suspend Article 2 of the candidate registration system has profound implications for the composition of the Kurdish Parliament. This article describes the allocation of 100 parliamentary seats with specific distribution to Sulaimaniyah, Erbil, Duhok and Halabja. By temporarily halting the implementation of this article, the court has effectively halted the democratic process and thrown the region’s political future into doubt.

Jumana al-Ghalai, spokesperson for the Iraqi High Electoral Commission (IHEC), confirmed the suspension of election-related activities in response to the court ruling. This development underscores the seriousness of the situation, signals a temporary stalemate in the democratic process and raises questions about the region’s political stability.

The court’s decision comes against the backdrop of growing tensions within the political landscape of the Kurdistan Region. The ruling Kurdistan Democratic Party (KDP) under Masoud Barzani had already declared a boycott of the elections and called for a postponement of at least three months.

The move was met with opposition from other political factions, including the New Generation – an opposition party in the Kurdistan Region, and the Iraqi parliament – which filed a lawsuit asking the court to appoint the KRG as an interim government and dissolve it within three months. The deepening political crisis has further polarized the region’s political factions, increasing tensions and undermining efforts to reach consensus on the way forward.

Against this backdrop of political uncertainty, key figures from Kurdistan’s leading parties are conducting diplomatic maneuvers on the international stage.

Nechirvan Barzani, president of the Kurdistan Region and deputy leader of the KDP, went on a diplomatic mission to Tehran, where he discussed the country with Iranian officials, including Supreme Leader Ali Khamenei and President Ebrahim Raisi.

In a press conference after his visit to Iran, Nechirvan Barzani rejected claims that he had discussed the region’s elections with Iranian officials. He reiterated his commitment to holding the elections as scheduled, but stressed the importance of broad participation.

Meanwhile, Bafel Talabani, chairman of the Patriotic Union of Kurdistan (PUK), made an unannounced visit to Washington and met with US officials to discuss regional developments.

Political movements in the Kurdistan Region reflect both internal conflicts and external pressures, with competing parties vying for influence amid broader geopolitical dynamics. As the region grapples with uncertainty over its electoral future, much remains at stake for its political stability and democratic ambitions.

There are likely to be more twists and turns in this unfolding political drama in the coming days, as Kurdish leaders must navigate the complexities of domestic politics and international relations in their effort to resolve the crisis.

The last parliamentary election in the region took place in September 2018.

Elections in Iraqi Kurdistan were originally scheduled for the end of 2022; However, disputes between its two main parties, PDK and PUK, forced the assembly to extend its mandate until the end of 2023.

However, on May 23, 2023, the Iraqi Supreme Court ruled against extending the term of the Kurdistan Region’s parliament, saying it violated the country’s constitution, and declared the Kurdish legislature terminated.

The court also struck down as “unconstitutional” Article 9 of the region’s electoral law, which stated that the Kurdistan Region constitutes a single constituency. The court ordered the region to be divided into “at least four constituencies.”