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To Protect or to Project?
Iraqi Kurds and Their Future
Joost R. Hiltermann
Joost R. Hiltermann is deputy program director for the Middle East and North Africa at the International Crisis Group. He is author, most recently, of A Poisonous Affair: America, Iraq and the Gassing of Halabja (Cambridge University Press, 2007).

Former
peshmerga train for the Iraqi National Guard near Erbil.
(Ed Kashi) |
Erstwhile
kings of the mountains, Iraq’s Kurdish parties have become kingmakers in
Baghdad. No federal government can be established without them—and they know
it.
This
new role suits the Kurdish parties just fine, as it allows them to advance
their agenda: to use a once wide but now narrowing window of opportunity to
expand the territory and natural resources (oil, gas and water) under their
control, as well as the powers they exercise within that territory. They hope
thereby to build the foundations of an independent Kurdish state, an ambition
that once and for all would allow them to trade in their barren mountain
hideouts for a stable home in the fertile plains. How did the Kurds accomplish
this remarkable makeover from hardened maquisards to polished politicians
and administrators? What are its implications today for Iraq as well as the
Kurdistan region? And what challenges lie ahead?
Perhaps
no one was more surprised than the Kurds themselves by the speed with which
former peshmerga (guerrilla) leaders, whom many Iraqis had branded “saboteurs” for their
decades-long insurgency against central rule and “traitors” for their alliance
with Iran during the eight-year Iran-Iraq war, were propelled into the seat of
power in Baghdad. Here they gained the most senior positions: president of the
republic, deputy prime minister, foreign minister and deputy army chief of
staff, as well as a myriad of pivotal, if less visible, positions throughout
institutions, agencies and committees of the new Iraq, the security and intelligence
services not least among them. They consider the accession to the presidency by
Jalal Talabani, this one-time “collaborator” with the “Persian” enemy, as a
vindication of their, and his, life-long struggle.
And
yet for all their newfound power, both gratifying and remunerative, the Kurds
do not aspire to run non-Kurdish Iraq, the area south of the Hamrin mountain
chain, a low ridge they consider the border of their hoped-for state. Their
struggle has been one of national liberation, not capture of the Iraqi state.
But now, sitting in Baghdad, they find themselves presented with an
unprecedented opportunity to press forward with their bid for statehood. Their
objective is to use the levers of state for a twofold purpose: to prevent a
powerful central state from deploying its security forces against the Kurdish
population, as happened so often during the past century, and to maximize
Kurdistan’s chances to secede. These twin goals are closely intertwined;
jointly, they define the Kurdish past, present and future.
Thanks
to this strategy, the Kurds have made serious headway in strengthening their
regional autonomy and deepening a de facto separation between them and the rest
of Iraq. Moreover, they have found an important ally in the Islamic Supreme Council
of Iraq (ISCI), a Shi‘i Islamist party created in Iran in 1982, in their effort
to hollow out the central state.[1] But this gambit is dangerous:
Weakening the state is feeding centrifugal forces that could destroy the
country and thus create new threats to the security of all the region’s people,
Kurds as well as Arabs. The Kurds face other self-inflicted threats as well. In
their bid to gain control over Kirkuk and other areas they claim as Kurdish
from time immemorial, they have started to overreach, exasperating even their
friends and allies.
Conspiracies of History
The
tension between the Kurds’ short- and long-term goals—between enhanced autonomy
and independence—has been a leitmotif of their history. Uncertain how to solve
this strategic dilemma, the Kurdish leaders—Masoud Barzani of the Kurdistan
Democratic Party (KDP) and Jalal Talabani of the Patriotic Union of Kurdistan
(PUK)—to this very day retain their party headquarters not in Erbil and
Suleimaniya, de facto capitals of the two mini-regions they control, but in
Sari Rash and Qulat Chwalan, fortified places high on the mountains or deep
inside them.

Arabs
in Kirkuk check lists of families allowed to claim $16,000
and land in exchange for leaving town in November 2007.
(Michael Kamber/New York Times/Redux) |
Time
and again the Kurds have faced the same set of questions: To accommodate or to
rebel? To fight for minority rights or for secession? To participate in Baghdad
politics or to retreat to mountain strongholds? To protect or to project?
Tempted by the arrival of a new and apparently less hostile regime in Baghdad,
they would probe and absorb, dispatch emissaries and receive the government’s
in turn, exchange ideas and negotiate outright. Invariably, they would find
their quest for self-determination tempered by the bitter fact that, once
again, historical and geographical circumstances conspired to thwart their
aspirations.
After
the monarchy’s demise in the 1958 revolution, Mullah Mustafa, Masoud’s father
and founder of the modern Kurdish national movement, returned to Iraq from
Soviet exile to reach out to the country’s new military leaders. He found a
receptive ear at first, but before long competing agendas emerged, hitched to
dueling narratives that reflected rival nationalisms. Soon the Kurds found
themselves the targets of an air campaign, their villages subject to
destruction. To listen to uprooted villagers in their desolate resettlement camps,
as I did for Human Rights Watch in 1992–1993, was to encounter a common trope
of suffering, an unending litany of bombardments, rocketing, ruination, torture
and violent death, the counter-insurgency’s organizing principle being to
eradicate Kurdish nationalism by crushing the Kurds.
Another
shakeup in Baghdad brought another opportunity for the Kurds. When the Baath
Party put itself in the saddle in a 1968 coup, its rule was initially shaky.
Sensing weakness, Mullah Mustafa hastened down to the capital. He successfully
negotiated an autonomy agreement of considerable breadth, but alas for the
Kurds, the 1973 oil crisis erupted before it could be fully implemented. Oil
revenues filled Iraqi coffers and strengthened the regime, which realized it no
longer needed the Kurds to survive. It reneged on its commitments and abrogated
the agreement; in turn, the Kurds went back to the mountains and resumed their
insurgency. When the Shah of Iran, who had lent the rebels a hand, suddenly
signed a treaty with Baghdad settling the Shatt al-‘Arab border dispute and
withdrew his support, the revolt collapsed. Mullah Mustafa was forced back into
exile, this time in Iran.
The
Iran-Iraq war, which broke out when Saddam Hussein sent his forces into the
ethnically Arab, oil-rich Iranian province of Khuzestan in September 1980,
gave the Kurdish rebellion a dangerous twist. In a fateful decision, first
Barzani’s KDP and then Talabani’s PUK (which had split from the KDP in 1976)
allied themselves with Iran, although Talabani flirted with the regime for a
couple of years in search of advantage against his KDP rivals. In the eyes of
the regime, this decision turned the two men into betrayers of the Iraqi cause
and their movement into a fifth column. The response was ferocious. In an
escalating counter-insurgency campaign, the regime began destroying Kurdish
villages on a massive scale in 1987, using chemical weapons to kill insurgents
and scare the population. The next year saw the culmination of this strategy
with the gas attack on the town of Halabja that killed thousands, followed by
the Anfal campaign in which the regime used gas to flush villagers out of the
countryside.[2] This tactic enabled the Iraqi army to
gather up tens of thousands of civilians and systematically murder them.[3] Demoralized, the rebels fled to Iran. This time, the Kurdish movement appeared
to have been vanquished.

The
solid lines mark the boundaries of Iraqi provinces. The
dotted lines show the current path of the “Green Line,”
the boundary of the territory administered by the Kurdistan
Regional Government (KRG). Shaded areas are the “disputed
territories” that the Kurdish parties aim to annex to
the KRG areas. The Iraqi constitution does not stipulate
the exact boundaries of these territories. (Go! Creative/Free
Hand Press) |
If
it returned from the dead, it was by deus ex machina, with the United
States playing the role of the deity. Saddam’s foolish decision to invade
Kuwait triggered a broad international military campaign to drive his forces
out; this, in turn, created space for the Iraqi population to rise up, Shi‘a in
the south, Kurds in the north. The Kurdish rebel parties returned triumphantly
from exile and established themselves in the cities in the plains: Erbil,
Suleimaniya, Dohuk and even Kirkuk. The administration of Bush the Elder did
not help them, however; soon the regime recovered and lashed back, crushing the
twin rebellions and sending hundreds of thousands of Kurds into Iran and the
mountains lining the border with Turkey. In response, and to help its Turkish
ally keep Kurdish refugees from entering its territory, the US established a “safe
haven” and a no-fly zone in northern Iraq. For a while the Kurdish parties and
the regime negotiated, and even organized joint army-peshmerga patrols in the Kurdish cities, but in October 1991 Iraqi forces
unilaterally withdrew to a line, the so-called Green Line, that marked off a
territory roughly equivalent to what the regime had granted the Kurds in the
1970 autonomy agreement.[4] Within six months, the Kurdish parties
held elections and created a regional government. This was the beginning of
effective self-government, a period of growing self-confidence and relative
prosperity and peace that was, however, bloodily punctured by several years of
internecine KDP-PUK conflict in the mid-1990s.
Throughout
the post-1991 period, a second great tension emerged. While the Kurds began to
enjoy unprecedented freedoms within their newfound autonomy, protected from the
regime by the US and even Turkey (as part of “Operation Provide Comfort”), they
were constrained by an economic straitjacket that derived from being landlocked
and utterly dependent on those very same states for their access to the outside
world. Turkey and the US allowed a certain degree of reconstruction but not
true economic development, which could have set the Kurdish region on a path
toward independence. To the Kurds it was vital to escape from this vise. Their
frustration fueled an irredentism that had always been there and that centered
on the city and governorate of Kirkuk.
In
each of the above historical episodes—in the early 1960s, in 1974, in 1984 and
again in 1991—negotiations between the Kurds and the regime broke down over the
Kurds’ quest to incorporate Kirkuk into their autonomous region. The stakes
were high. The Kirkuk oilfield, the bulk of which lies on the city’s
northwestern outskirts, contains 13 percent of Iraq’s proven oil reserves
and while abused and requiring rehabilitation is guaranteed to yield
significant revenues for several decades. The Kurds claim a continuous Kurdish
presence in Kirkuk and assert that the city once served as the capital of
Shahrazour, a predominantly Kurdish region that existed during a period of the
Ottoman Empire. They refer to Kirkuk as their Jerusalem (a somewhat unhelpful
metaphor that appears to equate God with oil). With the other communities in
Kirkuk—Arabs and Turkmen, as well as a small group of Chaldo-Assyrian Christians—this
argument never sat well; it threatened to reduce them to minorities in a
Kurdish region that aspired to independence. But the Kurds see Kirkuk as vital
in providing, at a minimum, enhanced economic leverage vis-à-vis the central
government and, more ambitiously, an economic base supporting their bid for
statehood.
“Kurdifying” Iraq
The
regime’s removal by the US in April 2003 unchained the Kurdish parties’
potential. Their alliance with the US, aided by Turkey’s refusal to grant the
US transit rights during the war, proved greatly rewarding. They lost no time
in establishing themselves in three areas: They solidified their control over
the Kurdistan region and, under US pressure, started to merge their two parallel
administrations in Erbil (KDP) and Suleimaniya (PUK), a legacy of their
mid-1990s civil war; they pushed forward into what became known as the “disputed
territories,” a broad swath of land with a historically mixed population that
stretches from the Syrian to the Iranian border, in the middle of which lies
the supreme trophy, Kirkuk; and they permeated the government and institutions
of the new federal Iraq.
In
effect, the Kurds succeeded in “Kurdifying” Iraqi politics to the extent that
no decision can be taken without Kurdish input or, more, without the threat of
a Kurdish veto. This power was most visibly evident in the country’s interim constitution,
the 2004 Transitional Administrative Law, which held that the country’s
permanent constitution needed an absolute majority to succeed in a popular
referendum and could be voted down by a two-thirds majority in a minimum of
three governorates—code for the three Kurdish governorates.[5] In other
words, no constitution could be passed without the Kurds’ approval. The result
was a constitution that reflected the interests of the parties that had won the
January 2005 elections: the Kurds and ISCI (which headed the United Iraqi
Alliance, a loose coalition of mostly Shi‘i parties and individuals). Because
so much of Iraq’s parliamentary politics since 2005 has concerned constitutionally
mandated legislation, the Kurds have left their imprint repeatedly and decisively.
They have been helped by their internal discipline and meticulous preparation
(especially compared to everybody else), as well as the unity of their
strategic vision.

Erbil
schoolgirls singing a Kurdish anthem during flag raising.
(Alfredo Caliz/Panos Pictures) |
Their
crowning achievement was Article 140 of the constitution, a clause that, though
dangerously vague and open to interpretation, appeared to point the way toward
the Kurds’ acquisition (they would say retrieval) of Kirkuk within two years.
Article 140 set out an itinerary (“normalization,” census, then referendum) and
a deadline (December 31, 2007) that favored the Kurds by mandating a
mechanism—a plebiscite—that could only yield victory, given the Kurds’ expected
demographic majority in Kirkuk following completion of the process known as
normalization. The term refers to removal of Arabs settled in Kirkuk and return
of Kurds expelled from the region by former regimes as part of their Arabization
policy.
But while Article 140 evinces the Kurds’ strength in the
new Iraq, it has also proved their fundamental and enduring weakness as a
minority, a third leitmotif. While the Kurds are able to veto legislation that
runs counter to their interests, they cannot force implementation of laws that
serve them and that they drafted, such as Article 140. The December 2007
deadline passed without a referendum, or a census, or indeed without meaningful
progress toward “normalization.” A number of Arab “newcomers” (wafidin) left Kirkuk already in 2003, ahead of the Kurds’
arrival, but no significant numbers have followed them since, despite the Kurds’
unremitting pressure and inducements in the form of promises of state-provided
compensation for those who agree to pull up stakes. Worse, from a public
relations point of view, is the painful reality that few Kirkuki Kurds have
come back. While expressing a desire to return one day, they decry the absence
of security, jobs and essential services; many have steady jobs in Erbil and
Suleimaniya, where their children can go to school safely and the situation is
stable.[6] Instead, the parties have played up
the sorry predicament of a collection of impoverished, displaced and homeless
Kurds living in slum-like conditions in the Kirkuk football stadium and on the
grounds of the Iraqi army’s first corps—props used to underline the injustice
of Arabization and the snail’s pace at which it is being reversed.
Control over governance in Kirkuk, where the Kurds won a
majority of provincial council seats in 2005 and have arrogated most senior
administrative positions (governor, heads of directorates and security chiefs)
since 2003, has allowed them to advance their dominance in all areas, but not
to change Kirkuk’s status. The Kurdistan Regional Government (KRG) pays—extra-territorially—the
salaries of Kurdish civil servants in Kirkuk (many of whom arrived from Erbil
and Suleimaniya in April 2003), but provides no reconstruction aid, which
it sees, with some justification, as the federal government’s responsibility.
The Baghdad government, however, has excelled in dithering; its record of
governance is so poor that ministry officials often only meet their
counterparts in the governorates thanks to US “helicopter diplomacy” ferrying
them to and from the Green Zone. Funds remain stuck in the federal treasury;
reconstruction occurs mostly by the grace of US military commanders, who are
empowered to spend emergency funds directly or via provincial reconstruction
teams attached to military units. In Kirkuk, the US has encouraged the equitable
allocation of reconstruction funds by the provincial council, but a boycott by
its Arab and Turkmen members has given rise to discrimination, or at least the
perception thereof.[7] Rather than convincing Arabs and Turkmen
of their good will and potential as fair rulers if and when Kirkuk joins the
Kurdistan region, the Kurdish parties have succeeded instead in persuading them
of the opposite and in hardening their opposition to any change in Kirkuk’s
status. Economically backward despite its great oil wealth, the place is profoundly
unhappy and divided, its disposition in limbo with the referendum deadline’s
lapse. Meanwhile, Kurdish leaders have precious little to show for their immersion
in Baghdad politics, as their critics in Kurdistan are quick to point out.
Ironically, after having whipped up elite support for Kirkuk’s incorporation
into the Kurdistan region, the KRG faces intense criticism now that it has
failed to accomplish its goal by the deadline. It is also coming under growing
scrutiny for oil deals it signed in secret with international companies, and
for corrupt practices more generally. Kurds do not understand why they have
less electricity today than in the years of hardship in the early 1990s, and
tend to blame political party nepotism and kickbacks rather than other factors.
First Through the Gate
Nevertheless, the Kurds have left an indelible mark on the
architecture of post-2003 Iraqi politics. The regime’s removal led not to its
replacement by a more democratic administration but to a fundamental overhaul
of the state system: from a highly centralized state that a ruthless leader was
able to turn into a vicious dictatorship to a state that threatens to be so
completely decentralized as to become utterly ungovernable. While this
transformation is not solely the Kurds’ doing, they have played a leading role
in bringing it about. It was they who introduced the notion of ethnically based
federalism, inspired by their unique experience of oppression, to an Iraq so
weakened by the wholesale uprooting of the state by the US that it could not
resist the application of its underlying ethno-sectarian logic not only to
Kurdistan but also to the entire country. (It is interesting to note that the Kurdish
parties have made no corresponding push to take decentralization a step further
and apply it within the Kurdistan region; their support of federalism strictly
concerns the status of their region vis-à-vis the rest of Iraq.)

Wires
from private generators over Erbil’s back streets. (Karl
Badohal) |
Federalism to the Kurds originally meant confederation—a
mutual choice by Kurdish Iraq and Arab Iraq to continue to live together but in
a very loose arrangement that would afford the Kurds maximum autonomy over
their own affairs. This idea they sold to Iraq’s fragmented Arab opposition parties
in the years of exile, especially after 1991. These parties were too divided,
however, to agree on anything but the lowest common denominator—the principle
of federalism, yes, but not its definition, the bare outline with no details
filled in. When these exile parties were hoisted to power on the shoulders of
the US rampage into Iraq, they embraced identity politics to gain the support
of a population that suspected their motives and resented their skills obtained
in years of freedom that Iraqis themselves had never been given the chance to
enjoy. What better way to comfort (and mobilize) people in a situation of chaos
and uncertainty than to offer them the protection of their nominal communities—Arabs
and Kurds, Sunnis and Shi‘a, and sundry ethnic and confessional minorities—and
their affiliated militias?
Neither knowing its roots nor grasping its inherent
dangers, L. Paul Bremer’s Coalition Provincial Authority enshrined this new
brand of politics in the country’s new governing institutions, from the 2003
Iraqi Governing Council to the 2004 interim government and on to the successive
governments produced by the brace of parliamentary elections in 2005. This
politics created the fertile ground on which could be sown the seeds of
federalism defined by ethnic or sectarian identity. These seeds in turn were
watered by the proposal, peddled as a panacea by some in the US, proactively to
partition the country, which gave every sign of falling apart, among Kurds,
Sunnis and Shi‘a. The rationale was that “these people,” the Iraqis, could not
live with each other, and did not want to, and that the better solution would
be for them to live “together apart” in a loose federal arrangement with strong
regional governments and a weak center—the latter to prevent another
megalomaniacal leader from turning the state into his personal fiefdom and
repressing his subjects.
The Iraqi people, apart from the Kurds, do not appear to
have bought this notion of their country’s tripartite division. The parties
that have pressed for it, especially the Kurdistan Alliance (the coalition of
Kurdish parties in the Iraqi Council of Representatives) and ISCI, have made
little headway, except in Kurdistan. The 2005 constitution prescribes a federal
system with two exceptional characteristics: It guts the powers of the federal
state through extreme devolution to federal regions, and it provides scope to
governorates to form regions, either standing alone or in conjunction with
other governorates, that would replicate the Kurdistan region in their powers.
Being the first through the gate, as it were, the Kurdistan region has been the
principal and so far sole beneficiary of this arrangement.
Whether others will follow will depend on the ability of a
party such as ISCI, which has advocated a nine-governorate Shi‘i “super-region”
south of Baghdad, to mobilize sufficient support in each concerned governorate
to win a local referendum, which is a key building block of forming a region.
ISCI’s overt sectarianism and lack of popularity militate against its success,
but it has deep pockets and considerable institutional power, accumulated since
its strong showing in the 2005 provincial council elections, when its main
rivals, the followers of Muqtada al-Sadr, mostly stayed away from the polls.
The Sadrists, as well as other Shi‘i parties and, of course, Sunni Arab parties
(who would be left without their own oil resources in a region of their own[8]),
have adamantly opposed Iraq’s federalization along these lines, and much
parliamentary wrangling in the past few months has centered on precisely the
question of how much power the regions really have. The issue has come up, for
example, in debates over the right to manage oilfields and over provincial
powers, including the federal government’s right to dismiss governors.[9]
The question now is whether the Kurdish parties have an
inherent interest in the formation of additional regions in the rest of Iraq or
whether they could live with an Arab-Kurdish confederation that would be
asymmetrical: Kurdistan living side by side with an Arab Iraq decentralized
along governorate boundaries. Historically, the Kurds never envisioned anything
but such an arrangement. Post-2003 developments, however, may have pushed them
to embrace the new formula. In the January 2005 elections, in particular,
the United Iraqi Alliance and the Kurdish parties gained disproportionate
power, owing to a massive boycott by Sunni Arabs, as well as, formally, the
Sadrist movement; this, in turn, gave them control over the constituent assembly.
Matching opportunity with a dawning realization of necessity—the fear of a
resurgent powerful central state controlled by groups inherently inimical to
Kurdish aspirations—the Kurds may have thought that the safest way forward
would be to eviscerate the state by encouraging additional regions to emerge
and devolving as much power as possible to them. Moreover, Kurdistan’s
existence and powers would find helpful justification in a quest by other Iraqi
actors, such as ISCI, to attain regional status as well. The upshot has been an
increasingly polarized debate about the degree of decentralization necessary to
keep together a country that is coming apart at the seams.
It may be difficult to undo the damage, although a new,
but very loose, coalition of Iraqi parties is trying. Spanning the
ethno-sectarian divide, these parties have a nationalist undercurrent in common.
They include the Sadrists, who have no interest in playing second fiddle to
ISCI in a Shi‘i super-region in the oil-rich south when their main strength
lies in Baghdad, an area with little oil; the Fadhila Party, a Shi‘i Islamist
group strong in Basra; Iyad Allawi’s secular National Iraqi List; and the two
main Sunni Arab lists, the religious Iraqi Consensus Front[10] and
secular Iraqi National Dialogue Front. Although these groups do not all
wholeheartedly embrace federalism as a concept, they all have indicated they
can live with some form of decentralization, disagreeing mostly about the
degree. They share an intense distaste for the extreme decentralization
advocated by ISCI and the Kurds, however, and they have started to push back
against the latter’s drive to implement their vision of a decentralized Iraq
via constitution-based legislation, including a law that sets out a mechanism
for creating regions. This law squeaked through a vote in the Council of
Representatives in October 2006 following a last-minute compromise that
delayed its entry into force for 18 months.
That period has just passed but, tellingly, Baghdad has
remained silent: There is no apparent movement to launch local initiatives in
southern governorates, as ISCI has advocated. Instead, Iraqis appear
preoccupied with provincial council elections that are supposed to take place
by October 1 and whose outcome could transform politics. Nor have ISCI and
the Kurds found any support among neighboring states, or in the world, for
their particular brand of federalism. To the contrary, Iraq’s neighbors may
prefer a relatively weak state but not one so incapacitated that it would fall to
pieces, threatening the region. In sum, Iraq’s federalism remains in an
unsteady holding pattern based on local and regional power balances in which
neither domestic side can impose its own preferred scheme.
Searching for Security

Outside
a Suleimaniya restaurant. (Alfredo Caliz/Panos Picturesl) |
Saddam’s Kuwait gambit opened a window of opportunity for
the Kurds. President George W. Bush widened it with his madcap adventure to
transform the Middle East by using the US military as a vehicle for installing
democracy in Iraq. Today it has started to close again. This is a result of the
surge, Bush’s “hail Mary” bid to salvage both his undertaking and his legacy.
To diffuse the centrifugal forces that are tearing the country apart, his
administration has sought to recalibrate power in Iraq, curbing the ruling
parties’ latitude and luring disaffected Sunni Arabs into the new order, all
the while fighting “irreconcilable” extremists, such as fighters associated
with al-Qaeda in Iraq (AQI), as well as “Special Groups” loosely affiliated
with the Sadr movement that are allegedly sponsored by Iran. In Baghdad and
Anbar, this effort has taken the form of a struggle to absorb as many insurgents-turned-“concerned
citizens” as possible into the state’s institutions and security forces, and
find employment for the rest. In the so-called disputed territories, however,
the move by Sunni tribal elements to establish anti-AQI Awakening councils (sahwat) is being resisted by the Kurdish parties, who see the
councils as a direct challenge to their influence in these areas, which they
seek to annex to Kurdistan.
In a telling development, after members of the Jabour
tribe set up a sahwa in Hawija, a predominantly
Arab district in Kirkuk governorate, in November 2007, local US officials
of the provincial reconstruction team promptly mediated a power-sharing
agreement between Arab and Kurdish political leaders in Kirkuk, an apparent quid pro quo for the Jabours’ readiness to restore calm in Kirkuk.
While there is no ground for optimism that this agreement will be implemented
any time soon, or at all, the fact that it could come to be is significant,
given the unremitting animosity between the camps. It certainly was recognized
as pivotal by Secretary of State Condoleezza Rice, who alighted in Kirkuk on
December 18 during a whirlwind tour of the region. She used her visit to
congratulate the signatories on having achieved a local accord when the
politicians in Baghdad had yet to make meaningful progress on reconciliation.[11]
If the US role in negotiating the Kirkuk agreement was a
message to the Kurds that the extended honeymoon they have enjoyed with the US
was drawing to a close, a second, somewhat earlier event was even more alarming
to them. On December 16, the Turkish air force carried out its first of a
series of attacks on suspected holdouts of the Kurdistan Workers’ Party (PKK)
in northern Iraq (joined by a brief ground incursion in February 2008).
Iraqi Kurds saw the Turkish pilots, and the politicians behind them, as having
not only the PKK but also the KRG in their sights, and they responded with
great anger, including over the realization that the US had publicly signed off
on the attacks and apparently had supported them with actionable intelligence.
To the Kurds, all this pointed toward a US reaffirmation of Iraq’s territorial
integrity and a reminder that US support of the Kurds was contingent on their
willingness to subscribe to the US agenda in Iraq.[12]
Of course, the Kurds do not claim to be preparing for
secession, even as they assert at every turn that independence is in their
hearts. They remain caught in their principal dilemmas: Should they push to
incorporate Kirkuk by hook or by crook and thus risk alienating, angering and
incurring reprisals from neighboring states such as Turkey, on whom they are
economically dependent, and allies such as the US, who have protected them, because
of the perception that what they really are doing is making a veiled bid for
statehood? Or should they press for greater rights, powers and access to
resources within current boundaries and political constraints and thereby risk
facing another powerful central Iraqi state sometime in the future that could
undo all that they have accomplished over the past two decades, and worse?
How can they escape geography? Some Kurdish maps may show
a Kurdistan that reaches the Mediterranean, but no Iraqi Kurdish politician I
know has fooled himself into believing that this is a realistic ambition. Even
if the Kurdistan region wins the Kirkuk oilfields and/or develops the ones
located inside its own territory, it will still need to pump the stuff out and
sell it, and for the moment the only viable route leads through Turkey. If it
wishes to diversify, it would have to make a deal with Syria as well, which
takes just as low a view of Kurdish designs on Kirkuk as does Turkey (or, for
that matter, Iran, which has made its opinion abundantly clear through
statements uttered by its officials in public fora). The Kurds’ freedom of maneuver
will depend on their good relations with their neighbors for a long time to
come.
This is perhaps why, when a friend of mine asked Masoud
Barzani two or three years ago whether he was seeking “federalism,” the KRG
president replied that security was what he was after. “Federalism,” he said,
is just a word. It is indeed security that the Kurds need and covet. How could
they not after the traumatic culmination of their alliance with Iran in the
1980s, when they were gassed in their homes, rounded up, hauled away like
cattle, dragged to execution sites and summarily done away with?
The real question is how the Kurds will be able to reach a
state of relative security. The KRG has set its sights on Kirkuk, seeing safety
in territory and economic power. But important lessons are to be learned from
the Halabja/Anfal experience. After all, while Saddam Hussein unequivocally was
guilty of a crime against humanity by sending his bombers to drop their
poisonous load on a Kurdish city, the Kurdish parties played a role that cannot
be ignored—one that is actively being questioned by people in Halabja and
beyond. It was the Kurdish parties who chose to ally themselves with Iran
during a war that was existential for both countries, and it was they who
guided the Iranian Revolutionary Guards into Iraqi territory to throw out Iraqi
forces and liberate Halabja. However justified the wartime alliance may have
been given the Iraqi regime’s extreme brutality, the peshmerga made a gamble, knowing full well what the regime was
capable of doing, and would do, in reprisal against the defenseless
townspeople. If there was anything surprising about the Halabja chemical
attack, it was its extraordinary scale and ferocity, not that it took place or
even that it involved gas, which the regime had been using against the Kurds
for almost a year at that point.
The result was not only a civilian catastrophe but also
the utter collapse of the Kurdish national movement, which gave up the fight
and fled. The parties had clearly overreached and they suffered the consequences.
The national movement’s resuscitation and return to Kurdistan in 1991 was a
serendipitous event unprovoked by anything the parties themselves did. In
Kirkuk today, they face a similar challenge. Aside from any claims, legitimate
or not, to Kirkuk based on history and geography, they are confronted with
significant obstacles—resistance from the Iraqi government and neighboring
states, US unwillingness to see their Kurdish allies rock the Iraqi boat—as
well as the challenge that if and when they take Kirkuk, they will have to
defend it. The Kurdish parties have been notoriously ill equipped to protect
their towns from invaders—their 1991 rout from Kirkuk, where they had been for
less than a week, was particularly swift and devastating—and there is every reason
to believe that without some accommodation over Kirkuk the Kurds’ enemies will
simply be biding their time: Once US forces leave, they are bound to strike
back if they can. At the least, neighboring states will use local proxies to
make life hell for the Kurds in Kirkuk.
The better way forward for the Kurds in their legitimate
quest for security may therefore lie in a push for the maximum that is
realistically and consensually attainable at this historical juncture. Backed
by the US they have an uncommon opportunity to strike deals that will be both
beneficial and durable. These deals are unlikely to yield exclusive Kurdish
control over Kirkuk. But they may allow the KRG to develop its own oil and gas
fields under federal legislation that will draw the international investments
the Kurds require to explore and develop their natural wealth. Such deals could
also produce a boundary to the Kurdistan region that would be accepted by Iraq
and neighboring states and as such could be recognized officially by the UN and
major states, and thus could attract guarantees of inviolability.
In the end, the Kurds will have to choose between endemic
strife and a compromise accord that could buy them peace for a generation or
more. As long as US forces remain in Iraq, the window of opportunity for the
second option is unlikely to close. And enhanced autonomy (Kurdish federalism)
will not extinguish the dream for Kurdish independence; to the contrary,
through a combination of good governance (fighting corruption, in particular),
strong regional economic relations and good neighborliness, it may bring closer
the day that this dream can be realized.
Endnotes
[1] This
alliance dates back to the Iran-Iraq war, when ISCI was known as the Supreme
Council for the Islamic Revolution in Iraq (SCIRI). SCIRI and Kurdish fighters
fought side by side in several battles in the north, including Halabja in March 1988.
[2] See
Joost R. Hiltermann, A Poisonous Affair: America, Iraq and
the Gassing of Halabja (Cambridge: Cambridge University Press, 2007).
[3] See
Human Rights Watch, Iraq’s Crime of Genocide: The Anfal
Campaign Against the Kurds (New Haven: Yale University Press, 1995).
[4] The
term “safe haven” was always a misnomer. It concerned only a small area that
fell under the allied forces’ direct control in April 1991, incorporating
the towns of Zakho and Dohuk close to the Turkish border. The unilateral Iraqi
withdrawal six months later expanded the effective “safe haven” area dramatically.
It was patrolled by the Gulf war allies via a no-fly zone, which ill reflected
political realities on the ground. It included Mosul, for example, although
this mixed but predominantly Arab city lies outside the Kurdistan region, and
it excluded the main Kurdish city of Suleimaniya.
[5] It
is an irony that the constitution ended up facing a challenge not from the
Kurds but from Sunni Arab parties that saw the document as reflecting the
fundamental interests of its key drafters, the Kurdish parties and ISCI. While
the original clause in the Transitional Administrative Law reflected Kurdish
fear of repression by constitution, the January 2005 parliamentary
elections—and its exclusions—radically transformed the political landscape. It
put the Kurds and ISCI in power and relegated Sunni Arabs to being those who
had to fear for their future, as represented by the constitution or otherwise.
In the end, they fell only 85,000 votes short of the required two-thirds
majority in one governorate, Ninawa (Mosul), having already breached the
threshold in two others, Anbar and Salah al-Din.
[6] In
one of the strange post-2003 ironies, the people of Kirkuk enjoy more hours of
state-provided electricity than those of Erbil and Suleimaniya, who are almost
totally dependent on privately owned generators, for which they must purchase expensive
fuel. Apart from endemic corruption, inability to provide electricity and
affordable fuel has been one of the Kurdistan Regional Government’s great
failures.
[7] The
Arab council members ended their boycott in late 2007 and the Turkmen members
in May 2008.
[8] Although
there is oil in Anbar, it is not clear that it is possible to extract it
profitably. And as long as Anbar is unstable, no international oil company will
want to invest there. Distrusting the Iraqi government, which they see as an
Iranian proxy, Sunni Arab politicians fear they will be left out in the cold.
They place little trust in constitutional guarantees concerning oil revenue
sharing and therefore want to return to state institutions and security forces
to make these guarantees ironclad.
[9] See
International Crisis Group, Iraq After the Surge II: The Need for
a New Political Strategy (Baghdad/Istanbul/Damascus/Brussels, April 2008).
[10] The
party’s name is often mistranslated in the media as the Iraqi Accord or
Accordance Front. According to party officials, the name was designed to convey
their claim that the coalition represents the consensus of the Sunni Arab community.
[11] See
the text of Rice’s December 21, 2007 press conference in Washington at
http://www.state.gov/secretary/rm/2007/12/97945.htm.
[12] An
unpleasant byproduct of the Kurds’ alliance with the US is that they are asked
at times to perform tasks they see as hurting their immediate interests. This
was the case, for example, when the US, in launching the surge in 2007,
demanded that its Kurdish friends send a couple of Kurd-dominated Iraqi army
units to Baghdad to help US forces in clearing out al-Qaeda in Iraq. These
units were brought in from Kirkuk, where they had been deployed to protect the
city from AQI attacks originating in Arab districts such as Hawija. The Kurds
grumbled but complied, valuing their alliance with the US, and the long-term
benefits they expect to flow from it, above any temporary setbacks in Kirkuk or
elsewhere.

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