A study of the implementation of the constitution and the quality of governance in Kurdistan

Abstract

As the first study focusing on the implementation of the constitutions and quality of government (QoG) in Kurdistan from a practical point of view, this thesis examines the question why the Kurdistan Regional Government (KRG) fails to deliver the constitutions in a way that strengthens its democracy and produces a good QoG. From analyses of the data gleaned from 41 semi-structured interviews the thesis identifies the main factors that affect the implementation of the constitutions and QoG with particular reference to the 2005 Iraqi constitution and the Kurdistan draft constitution of 2009. The study also outlines the reform process in the Kurdistan Region and explains how a system of political checks and balances in a democratic society can improve QoG and democracy. This research considers the main obstacle to the establishment of a good and democratic government in the region to be political influence on all state institutions, including the executive, parliament, the judiciary, military forces, police and security services, and use of these institutions for political and personal benefits. Other obstacles identified are a reliance on oil products, a culture of corruption, poor administration, a low-quality legal system, Kurdish disputes with the central Iraqi government, the absence of a clear, enforceable regional constitution, the lack of experience with democracy and, more importantly, the absence of political will for reform by the ruling parties. In this light, the study recommends strengthening the state institutions, reducing political influence over them and establishing a process of political checks and balances – as exists in democratic states – as extremely important to improving QoG. However, it also argues that these aims will not be achieved without a genuine political will for reform. Thus, this thesis stands as the first detailed research in this field that qualitatively investigates the effect of the implementation of democratic constitutions in a region that has gone through conflict and violence; attempts to set out the factors that form obstacles to such implementation; and puts forward recommendations for the improvement of QoG in the light of the constitutions. This study therefore, can help the government and politicians to take action in terms of reforms to improve QoG in the region and develop the democratic process. This research will also contribute to future study on a similar theme.