Freedom in the World 2004 - Kurdistan [Iraq]

Political Rights: 5
Civil Liberties: 4
Status: Partly Free
Population: 4,000,000
GNI/Capita: N/A
Life Expectancy: N/A
Religious Groups: Sunni
Ethnic Groups: Kurds, Assyrian, Armenian, Iraqi Turkmen
Capital:

Overview

As U.S.-led coalition forces swept away the brutal dictatorship of Iraqi president Saddam Hussein and began forging a new Iraqi polity in 2003, the autonomous Kurdish enclave in northern Iraq remained largely under the control of the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK), though some governing responsibilities were relinquished to the Coalition Provisional Authority (CPA). Kurdish jubilation over the fall of Iraq's Baathist regime was tempered by the deterioration of living conditions, difficulties in the repatriation of Kurdish refugees to areas outside of the enclave, and uncertainty over the future political status of the autonomous zone.

Since the withdrawal of Iraqi military forces and administrative personnel from northern Iraq and the establishment of a U.S.-enforced no-fly zone north of the 36th parallel in 1991, most of the three northern provinces of Erbil, Duhok, and Suleimaniyah have been under the control of Massoud Barzani's KDP and Jalal Talabani's PUK. Elections in the Kurdish self-rule area were held in 1992, and the KDP and PUK shared power in the nascent Kurdish Regional Government (KRG) for two years. Disputes over power and revenue sparked a three-year civil war, from 1994 to 1997. The two rival Kurdish groups set up separate administrations, with the KDP controlling the western region from its headquarters in Erbil, and the PUK controlling the southeast from its headquarters in Suleimaniyah. In 1998, the two groups agreed to unify their separate administrations and hold new elections, but implementation of the agreement remained stalled by disputes over revenue and the composition of a joint regional government. In 2001, however, the two rival factions eased restrictions on travel between their respective sectors and resumed dialogue. The KDP-PUK rapprochement deepened in 2002 as the United States prepared for a possible invasion of Iraq to oust Saddam Hussein.

In spite of this rivalry, northern Iraq experienced rapid development during the 1990s. With their 13 percent share of Iraqi revenue from the UN oil-for-food program, and customs duties from Iraqi-Turkish trade, the Kurdish authorities built schools, roads, hospitals, and sewage systems, and engaged in other development projects. Anxious to win international support for long-term Kurdish self-governance, both the KDP and the PUK allowed a flourishing of political and civil liberties not seen elsewhere in the Arab world.

KDP and PUK fighters (peshmerga) fought alongside coalition forces during the March-April 2003 invasion of Iraq. However, their relations with the CPA were strained after Kurdish forces moved into the northern cities of Kirkuk and Mosul and expelled Arabs who had taken ownership of Kurdish homes and property seized by the former regime. The CPA also put pressure on the KDP and PUK to begin dissolving their militias, but they refused, insisting that the 50,000 to 60,000 fighters under their control be transformed into a regional self-defense force similar to the U.S. Army National Guard, which maintains locally recruited units in each state.

Although residents of the autonomous Kurdish enclave escaped the acute insecurity that plagued much of Iraq during the year, their living standards declined as a result of the sharp drop in the overland trade of diesel fuel to Turkey and the discontinuation of the UN oil-for-food program. Moreover, the cash-strapped Kurdish authorities came under pressure from the CPA to stop collecting taxes. The CPA began paying the salaries of civil servants in the Kurdish enclave, but these wages fell as much as 75 percent below their prewar salaries, sparking widespread discontent.

Conscious of the former Iraqi regime's legacy of anti-Kurdish repression, the overwhelming majority of Iraqi Kurds are reluctant to relinquish the independence they have enjoyed for more than a decade. In negotiations with the CPA and non-Kurdish groups over the country's political future, Kurdish leaders demanded the creation of a decentralized federal state with a strong Kurdish regional government in control of northern oil resources.

Political Rights and Civil Liberties

Iraqi Kurds cannot change their government democratically, as factional strife has precluded parliamentary elections since 1992 and national elections have not yet been held. The KDP and the PUK have separate administrations and cabinets for the territories under their control. While municipal elections held by the PUK in February 2000 were generally free and fair, the May 2001 municipal elections in the KDP enclave were marred by Assyrian Christian allegations of vote rigging and intimidation of boycott supporters by Kurdish police.

Freedom of expression is generally protected. The KDP and PUK have allowed approximately 200 print publications, 2 satellite television channels, around 20 local television stations, and scores of radio stations to operate in areas under their control. Most, however, are affiliated with political parties. While few media outlets are, in fact, independent, there is an open climate for discussion of political issues. Internet access and satellite dishes are available without restriction.

Religious freedom is protected, though there have been several reported incidents of Muslim-on-Christian mob violence in recent years. Academic freedom in areas under KDP and PUK control is protected, although Turkmen student groups have complained of harassment.

Freedom of association is also protected. Around 30 licensed political parties have been established, representing a broad ideological and sectarian spectrum. However, the activities of the Iraqi Turkmen Front (ITF) and the Iraqi Workers Communist Party (IWCP) have been curtailed in recent years. Scores of human rights groups and other nongovernmental organizations operate freely. Both Kurdish factions have enacted laws protecting workers' rights.

While the Kurdish authorities have been much more tolerant of ethnic and religious minorities than the former government of Saddam Hussein, Assyrian Christian and Turkmen groups have complained about human rights abuses. Both Kurdish factions have forced Assyrian and Turkmen schools to fly the Kurdish flag and teach the Kurdish language. In February, KDP forces in Erbil reportedly arrested and detained the ITF's security chief.

The KDP and the PUK maintain separate judicial systems in areas under their control, but reliable information about judicial integrity is difficult to obtain. Reportedly, hearings are conducted, adjudicated, and enforced by local officials of the two parties. The two groups also run separate prisons and detention facilities, where human rights violations, including denial of due process and torture, have occurred. However, both sides regularly grant access to their prisons to delegations from the International Committee of the Red Cross.

Women face social and legal discrimination in Iraqi Kurdistan. Local women's organizations report widespread "honor killings" of women who deviate from traditional social norms, especially in areas under the control of the KDP, which relies strongly on tribal support. The PUK has abolished legal provisions legitimizing honor killings; in 2002, the Independent Women's Organization reported that the number of honor killings in PUK territory declined from 75 in 1991 to 15 in 2001. Women are under-represented in both administrations, but less so in that of the PUK, which has a 500-strong battalion of female peshmerga and several senior female officials in its regional government. In July 2003, the PUK appointed a woman, Mudira Abu Bakr, town prefect for the northern Dukan region. A few months later, PUK leader Nasreen Mustafa Sideek Barwari became the lone female minister in the cabinet of Iraq's provisional government.