In October 2020, the Iraqi parliament approved a new government with the mandate to initiate political reforms. Prime Minister Mohammed Shia al-Sudani appointed Hassan al-Yasseri as his constitutional adviser and the parliament announced the formation of a constitutional revision committee. This is not the first time Iraq has attempted to reform its constitution since it was adopted in 2005, but the previous efforts failed due to a lack of momentum. To ensure success this time, lessons should be learned from the earlier attempts and from positive examples of constitutional reform in other countries.
Inclusivity is key to a successful process. Previous Iraqi governments excluded the general population from the process, conducting limited consultations with civil society organisations that were unstructured and ignored. To ensure credibility, the new initiative must cast a wide net and remain independent from the main political groups. This can be done by encouraging Iraqis to express their priorities en masse, as South Africa did when it launched its constitutional process following the end of apartheid. Additionally, specialist groups should be given decision-making authority on how the constitution should be shaped, as Kenya did in 2010. Negotiations should start with a discussion between sides on their interests, and how individual provisions are worded can come after that.
Reforming the citizen-state relationship is also essential. The 2019 popular uprising should have triggered impetus to deepen the protection of socioeconomic rights and revolutionalise Iraq’s anti-corruption framework, but the constitutional revision committee focused mostly on debating the structure and system of government and paid little attention to individual rights and public services. To address popular grievances, the constitution must provide guidance on what constitutes a legitimate limitation of rights and make socioeconomic rights directly enforceable. It must also provide an effective oversight framework with robust mandates and greater guarantees of independence for its institutions.
Finally, federalism and form of government must be addressed. A new bargain must be struck between the central government and Kurdistan Regional Government to ensure stability. A move towards a presidential or semi-presidential system should be avoided as it would lead to monopolisation of decision-making without any improvement in governance. Instead, focus should be on moving towards a more successful form of parliamentary democracy.
To ensure success, Iraq must take a new approach to constitutional reform that is more inclusive and focuses on the interests of the population as a whole. This will require learning from past experiences, both positive and negative, and creating an environment where citizens can express their priorities and have their voices heard. If achieved, Iraq will have taken a major step towards turning the page.