Halabja, a governorate in name only: the KRG forgets it and Iraq doesn't recognize it

Peregraf- Sangar Salar

Halabja remains a governorate in name only. Under the laws of the Kurdistan Region, Halabja has had that status for almost a decade, but Iraq’s federal government has not implemented similar legislation. As a result, it suffers from many administrative problems, treated merely as a district.

Halabja has unique needs that would be served by full status as a governorate. More than 5,000 civilians were killed in the Ba’athist regime’s infamous chemical attack on March 16, 1988. Thousands of other people were affected by the gas, which has left them with debilitating medical problems.

To operate as a fully empowered governorate requires about 90 directorates and branches of federal and Kurdistan Regional Government (KRG) ministries. The process of opening these offices is underway, with about 55 established in Halabja so far, or about two-thirds of what is needed.

"Halabja does not yet have enough infrastructure to act as a governorate," Kawa Ali, Halabja's deputy governor, told Peregraf.

"Of the directorates and offices that have been opened, 95 percent have only changed their names. They haven’t increased the rate of employment, nor have they been provided with enough supplies," Ali said, adding that around 7,253 permanent employees are needed to run the local government once it achieves full status.

Halabja would be Iraq’s smallest governorate by area and one of the smallest by population, with just 120,000 residents. Most live in Halabja city, but its borders would also include the districts of Khurmal, Biara, Sirwan, and Bamo.

"The KRG still sometimes forgets the writings, decisions, and recommendations about Halabja governorate," said the deputy governor. "The Iraqi government forgets about Halabja and doesn’t treat it as a governorate. They only remember Halabja in terms of license plates for cars."

Within the Kurdistan Region, the process of Halabja becoming a governorate began on September 22, 1999, when the Kurdistan Parliament passed Decision No. 11, which stated that the districts of Halabja, Soran, Akre, and Ranya should be given full provincial status.

On March 13, 2014, then-KRG Prime Minister Nechirvan Barzani issued a declaration making Halabja the fourth province in the Kurdistan Region, with Kurdistan Region President Masoud Barzani releasing a further proclamation to that effect three days later on the anniversary of the chemical attack.

The federal process is more complicated. Article 141 of Iraq’s 2005 constitution mandates that all laws passed by the Kurdistan Parliament after 1992 are legitimate, lending legal weight to Halabja’s claims based on Decision 11.

On January 31, 2013, the Council of Ministers, led by then-prime minister Nouri al-Maliki, approved a draft bill designating Halabja as a full governorate, sending it to the parliament, known the Council of Representatives, which passed the legislation on December 31.

The next step was for the government to finalize planning and procedures, but the process was hung up in 2014 when the Council of Ministers also approved draft legislation also designating Tal Afar, Tuz Khurmatu, Fallujah, and the Nineveh Plains as governorates.

The Kurdish parties objected because three of these districts are in the disputed areas and covered by Article 140 of the Constitution. As a result, the process of making Halabja a full governorate slowed to a halt.

On March 16, 2021, the Council of Representatives sent a memo to the federal government reminding it of its responsibilities and former prime minister Mustafa al-Kadhimi declared in 2022 that Halabja has the right to be a governorate, but its status still remained unresolved.

Kurdish parties in Iraq’s parliament have repeatedly raised the issue. Last December, the prime minister’s office sent a request to the Council of Minister’s General Security office at the urging of New Generation MPs calling for the completion of the process.

"For a long time, the issue of Halabja becoming a province was worked on by the planning ministry, determiningthe framework and map of the province, which districts and sub-districts would be included, and what codes for the planning ministry would use," said Arian Taugozi, a New Generation MPs in the Council of Representatives, told Peregraf.

"We were able to speed up the procedures in the planning ministry and now they have completed them and sent the paperwork to the Council of Ministers," he said. "What's left for the Council of Ministers is just a routine signing."

Soran Omar, a member of parliament’s legislative committee, cautioned patience, pointing out that the issue of Halabja’s status was not included in the government’s policy program.

"The PUK and the KRG have not taken any steps to elevate Halabja as a governorate," Omar said, adding that he had raised the issue last year with former prime minister Kadhimi.

Current Prime Minister Mohammed Shia al-Sudani promised at a press conference earlier this year that his government would work to complete the process, but did not give a deadline for doing so.

"There’s hope that Halabja will be recognized as Iraq’s 19th governorate by the Iraqi government in the near future," Taugozi said.

The New Generation MP blamed the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK) for the lack of progress, saying that they were only focused on getting positions for themselves, rather than working for the people.

"The PUK and the KDP in Baghdad have held high positions such as president since 2005. If they had done serious work, they would have been able to finalize the case of making Halabja a governorate within three to four years," Taugozi said.

The residents of Halabja say that the failure to complete the process has made it difficult to access some services.

"Halabja will take a long time to reach the level of other governorates in terms of services…but it is far ahead of the district and sub-districts. However, it is not up to the standards of its people," Halabja resident Kosar Mahmood told Peregraf, adding that the KRG also tended to ignore the area.

"Halabja becoming a governorate has not changed much in my life, but it is a pleasure to see and I hope more offices and directorates open," he said.

"Every Halabja resident seems to be ashamed to say that we have a governorate called Halabja because it has not been served compared with the other governorates," Yassin Nadir, an activist in Halabja, told Peregraf.

"The conflict between the two ruling parties has left Halabja neglected. They only make a bunch of promises at the commemoration of the chemical attack, which are not implemented later," Nadir continued. "A large number of young people in the city are unemployed and people from different occupations are getting disillusioned and they leave."

Another resident, Akram Baram, told Peregraf that he would be happy if Halabja became a full governorate, saying that the progress that has been made so far in "opening of offices and directorates has made things easier for us, including facilitating obtaining and renewing driver's licenses and passports."

Political disagreements between the parties have prevented the provincial council from forming, although the Kurdistan Parliament approved the Halabja Provincial Administration Law in 2015.

"In order for Halabja to become a real governorate, both the Iraqi government and the KRG need to consider Halabja as a governorate in terms of legal and administrative procedures," Omar Gulpi, a member of parliament, told Peregraf. "But in many fields, data, and statistics, Halabja is still a district of Sulaimaniyah governorate."

"The political parties, especially the two ruling parties, don’t want to see Halabja becoming a governorate, because they believe they have few supporters there. Unfortunately, this is very narrow thinking," he added.

Ali, the deputy governor, agreed that conflicts between the KDP and the PUK had prevented the formation of a provincial council, which he said had "severely damaged" Halabja.

"The most important directorates have not been opened due to party conflict. The border and customs administration, which was ordered reopened four years ago, will delay the appointment of someone to a position for several years. Sometimes, it will not be resolved within one political party," Ali continued.

"There is a lot of party interference in the institutions and it is a problem for the governorate’s work. Day-by-day, the interference increases, rather than fading away," he added.

The deputy governor said that 40 billion Iraqi dinars were allocated for Halabja in 2022, but that very little of the customs and tax revenue that is collected within Halabja’s borders comes back for local projects.

On March 16, 2021, the Halabja government submitted a 17-point memorandum to the Kurdistan Parliament's leadership, the political parties, and KRG ministers calling for a high-level committee to take on the task of completing the process of making Halabja a governorate.

"The committee should also visit Baghdad and consider the remaining procedures," Ali said.