Growing tensions over Kirkuk land rights

Kurdish blocs accuse political parties of obstructing property restitution bill in Iraqi parliament

BAGHDAD – Kurdish factions in Iraq’s Parliament have issued a joint statement expressing frustration over what they call “deliberate obstruction” by other political parties in passing the Property Restitution Law. The proposed legislation seeks to return properties confiscated under the Baath regime, particularly in Kirkuk, to their original Kurdish owners.

The statement was signed by all Kurdish parliamentary factions, including the Kurdistan Democratic Party, the Patriotic Union of Kurdistan, the Kurdistan Islamic Union, the New Generation Movement, the Justice Group, and an independent Christian representative. Notably, the New Generation Party, a populist opposition group that rarely collaborates with the main ruling Kurdish parties, also signed on, signaling the issue’s broad importance for their Kurdish constituents.

The statement accused some political parties of blocking Parliament’s agenda, preventing a scheduled vote on the law. “Some political parties have blocked the agenda of the Parliament’s first session on Thursday, preventing the draft law for the Restitution of Property to Its Owners from being discussed and approved,” it said. The law aims to restore property rights to those dispossessed under Saddam Hussein’s regime.

The “Draft Law for Returning Properties to Their Owners Affected by Certain Decisions of the Dissolved Revolutionary Command Council” had its first and second readings in Parliament in April. It was scheduled for a vote in the previous session but was removed from the agenda without explanation. A vote was also postponed on May 22.

The draft, which includes eight provisions, seeks to reverse decisions made by the Revolutionary Command Council between 1975 and 1979, focusing on the confiscation of roughly 32,000 acres of agricultural land in Kirkuk that was allocated to Arab settlers.

Kurdish factions emphasized that the law applies not only to Kurdish regions outside the Kurdistan Region’s administration—known as disputed areas under Iraq’s constitution—but also to other parts of the country. The objective is to “end the injustice against those whose properties were confiscated during the Baath era.”

The factions called on other parliamentary blocs to support the law, arguing it would ensure justice for victims of the former regime and promote stability and social peace in conflict-affected areas.

Omed Hama, a member of the New Generation bloc in Iraq’s Parliament, told 964media that Sunni Arabs are the primary opponents of the bill because the Arab settlers, predominantly from the Sunni community, would be the biggest losers if the law passes.

Hama, who represents Kirkuk, explained that “in the 1970s, Saddam’s regime forced Kurds to hand over their agricultural lands to the government. Those who complied were compensated, while those who refused had their lands seized and transferred to ministries such as defense, finance, and municipalities for government projects.” He added that many of these lands were then leased to Arab settlers under long-term contracts, some lasting up to 50 years.

“Many of these lands remain unused,” Hama said. “The bill aims to return lands that were never developed for government projects to their original Kurdish and Turkmen owners and to compensate those whose lands were used for state purposes.” Hama, who also serves on the Parliament’s Legal Committee, which drafted the bill, stressed its importance.

During the 1970s, Saddam Hussein’s Baath regime forcibly relocated Kurds from Kirkuk to northern governorates and leased their agricultural lands to Arab settlers from central and southern Iraq under long-term contracts. These settlers remained on the land until Saddam’s regime was overthrown in 2003.

Following the fall of the Baath regime, most displaced Kurdish families returned to their homes, and Arab settlers were repatriated to their original areas, receiving compensation in money or land. However, the issue of agricultural land remained unresolved until Oct. 16, 2017, when Iraqi federal security forces re-entered Kirkuk and other disputed areas, forcing Kurdish forces to withdraw to the Kurdistan Region. Since then, many Arab settlers who had already been compensated returned to reclaim the lands granted to them under Saddam’s regime, reigniting tensions between Kurdish farmers and Arab settlers.

Wasfi Al-Asi, Secretary-General of the Unified Arab Front in Kirkuk and a member of the Iraqi Parliament, voiced opposition to the bill on Wednesday. He warned that “any new amendments to these laws pose a real threat to the stability of farmers, as the land is their only source of livelihood.”

“Altering these laws would disrupt their entire lives,” Al-Asi added. “Imagine a powerful force taking away the land you have depended on for over 20 years.”

Karwan Yarwaisi, a member of the Patriotic Union of Kurdistan (PUK) bloc in Parliament, told 964media that both Shiite and Sunni factions are obstructing any legislation that benefits the Kurds. “They try to block and reject all such measures, as seen with this bill and the effort to make Halabja a governorate,” Yarwaisi said.

“They do not openly declare their opposition, but instead create legal obstacles and use their majority to paralyze the legislative process,” he added.

Iraq’s 2005 constitution outlines a three-phase “normalization” process in Article 140, which includes the return of Arab settlers to their original areas and the restitution of confiscated properties to Kurds. The final phase involves a referendum to determine whether residents of the normalized areas want to join the Kurdistan Regional Government or remain under federal authority. However, the provisions of Article 140 have remained unimplemented, despite a 2007 deadline.

In recent years, following the appointment of an Arab governor in Kirkuk, Arab settlers—backed by the army and security forces—have pressured Kurds to vacate their lands or have barred them from accessing their properties.

According to the agenda of the government led by Prime Minister Mohammed Shia Al-Sudani, a draft law to cancel certain decisions made by the Revolutionary Command Council is under consideration, some of which involve the disputed areas.