Arab, Turkmen, and Kurdish blocs reject controversial Kirkuk Provincial Council nominations

A power-sharing controversy in Kirkuk reignited this week after a new governor was elected amid boycotts by key stakeholders and subsequent legal challenges. This development follows nine months of disagreement among the Arab, Turkmen, and Kurdish communities in the oil-rich and disputed province in northern Iraq, as regional powers vie for influence in the area.

The Turkmen Front on Monday officially lodged a legal challenge at Iraq's top court against the legitimacy of a recent meeting of the Kirkuk provincial council, which they allege was conducted "unlawfully". 

The session, held on Saturday in Baghdad's al-Rasheed Hotel, excluded key ethnic groups, including the Turkmen and members of the Kurdistan Democratic Party (KDP). In response, an Arab bloc led by the former acting Governor of Kirkuk, Rakan Saed al-Jubouri, vowed to take similar legal actions.

Hassan Turan, head of the Turkmen Front, criticised the meeting as "a breach of Iraqi law and a damaging blow to the trust" essential among Kirkuk's diverse communities.

"Those who believe that Kirkuk's issues can be resolved through the mere distribution of positions are delusional. Yesterday's actions have seriously undermined the trust we must build among all components," Turan stated during a press conference.

A political powder keg

During the session, the Patriotic Union of Kurdistan's (PUK) Rebwar Taha was nominated for the governorship, and Mohammed Ibrahim al-Hafidh of the Arab Qiyada Alliance was nominated as council chief. However, both Turan and al-Jabouri argue that the meeting breached legal protocols, including the requirement for the council's eldest member to preside and the fair representation of all ethnic groups in Kirkuk.

Adding to the controversy, Kurdistan Democratic Party (KDP) spokesman Mahmoud Mohammed, in a statement on Monday, declared the meeting at Al-Rasheed Hotel to appoint Kirkuk's governor and local government as illegal. The KDP, which was not represented at the session, has strongly condemned the proceedings.

The New Arab contacted Arab, Turkmen, PUK, and KDP council members, but they all refused to speak to the media on the issue.

Two Kurdish political observers claimed to TNA on condition of anonymity that the nominations were made "under direct interference by Iran", in an effort to increase its influence over Turkey's role in Iraq.

The province of Kirkuk, historically disputed between Iraq's federal government and the Kurdistan Regional Government (KRG), held its first provincial election since 2005 on 18 December. Despite the Independent High Electoral Commission (IHEC) confirming results on 21 January, the Kirkuk Provincial Council (KPC) struggled to achieve a quorum and elect a local government responsible for providing public services and security.

Iraqi Prime Minister Mohammed Shia al-Sudani intervened in the issue last month, urging council members to convene and break the impasse within a month.

Al-Jubouri, whose Arab bloc was excluded from the meeting, called the session a "historic insult" to the Arab community and declared that they would pursue legal remedies through Iraq's judicial system. The KDP's criticism further intensifies the tensions surrounding the formation of Kirkuk’s local administration.

The meeting was attended by five PUK council members, three Arab members, and the representative of the Christian minority quota, but Turkmen members, KDP representatives, and other key factions were notably absent.

Contentious Kirkuk

Under the Provincial Council's Elections Law No. 12 of 2018, power shall be distributed in a fair representation that ensures the participation of the province's components, regardless of the election results, as stated in Article 35 specific to Kirkuk.

This exclusion escalates ongoing tensions in Kirkuk, which remains the only Iraqi province yet to finalise its government more than seven months after the December elections, as it grapples with its complex ethnic makeup and history of demographic shifts.

The contested status of Kirkuk and neighbouring regions underscores unresolved issues outlined in Iraq's permanent constitution. Article 140 outlines mechanisms for resolving disputes over territorial control, yet implementation has stalled since 2007, fuelling ongoing discord.

In 2017, federal forces reclaimed Kirkuk from Kurdish Peshmerga, furthering regional tensions. Recent incidents, including fatalities amid security clashes, highlight the volatile atmosphere overshadowing political negotiations.

The northern, oil-rich city of Kirkuk is home to about 1.77 million Kurds, Turkmen, and Arabs. Located 238 kilometres north of Baghdad, Kirkuk is an ethnically mixed province and has long been at the centre of disputes between the federal government in Baghdad and the KRG.

The council holds the highest legislative and supervisory authority within the boundaries of the local administration. It has the right to issue internal laws and instructions for managing the affairs of the province, formulate general policy, discuss and approve the local budget, and project plans.