Kurdish Flag: Constitutional Rights and the Dual Nature of Sovereignty

The Iraqi constitution, in Article 117, acknowledges the legitimacy of the Kurdistan Region and its authorities. This recognition includes the Kurdistan flag as an official symbol of the region. Image Credits: ANA

The debate over raising the flag of the Kurdistan Region during official events in Iraq, particularly in the disputed territories, remains ongoing. While the Iraqi federal constitution recognizes the Kurdistan Region as a constitutional entity with its own institutions, some parties attempt to portray the raising of the Kurdistan flag as a challenge to national unity, forgetting that federalism implies pluralism and respect for the country’s diverse components.

Constitutional Rights of the Kurdistan Flag
The Iraqi constitution, in Article 117, acknowledges the legitimacy of the Kurdistan Region and its authorities. This recognition includes the Kurdistan flag as an official symbol of the region, meaning that displaying it alongside the Iraqi flag during official events does not contradict the law. On the contrary, this practice reinforces the concept of political and administrative pluralism upon which the federal system is based.

Moreover, raising the Kurdistan flag in disputed areas, such as Kirkuk, is natural, as these areas fall under Article 140 of the constitution, which has not yet been fully implemented. Therefore, any attempt to prevent the raising of the Kurdistan flag in these areas reflects a political stance rather than a commitment to the constitution.

The Paradox
Ironically, the voices opposing the raising of the Kurdistan flag in Iraq are the same ones that overlook the presence of non-Iraqi flags in public squares and party headquarters. These voices do not protest against the raising of flags of other countries or symbols of foreign organizations, even though such actions represent a direct violation of national sovereignty.

If some are genuinely concerned about the concept of federal sovereignty, their stance should be nationally oriented against foreign flags being raised, rather than against flags that are constitutionally recognized.

Federalism and Diversity
Federalism means recognizing diversity, and raising the Kurdistan flag during official events is not an overstep of sovereignty but rather an affirmation of the constitutional nature of this entity within Iraq. As for those who selectively speak about sovereignty, they should first address the manifestations of foreign interference before objecting to a clear constitutional right.

Dr. Yousif Goran
WRITTEN BY

Dr. Yousif Goran

Dr. Yousif Goran is the President of the Center for Future Studies (CFS) and a former Minister of Higher Education and Scientific Research in the Kurdistan Region of Iraq. He earned his Ph.D. in Law from the University of Sulaymaniyah. His research focuses on politics, international law, educational policy, constitutional law, and security.

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