‘Selective interpretation’ of constitution at center of Iraq’s system of governance, says Khamis Al-Khanjar

DUHOK — Speaking at the Middle East Peace and Security forum held at the American University of Duhok on Saturday, Khamis Al-Khanjar, leader of the Sovereignty Alliance, outlined what he sees as the systemic challenges facing Iraq’s political structure. He argued that the country’s failure to move past the concept of a “failed state” stems from the political elite’s fragmented interpretation of the constitution to serve their own interests.

“The problem with Iraq’s system of governance lies in the selective interpretation of constitutional provisions by parties and sects based on their own agendas. Iraq cannot overcome the notion of a failed state without rethinking the political mindset of those in power to ensure true partnership without domination or exclusion,” Al-Khanjar said.

In his address, Al-Khanjar stressed that issues like state-building, power-sharing, stability, regional threats and the rise of extremist groups such as Islamic State are “interconnected and cannot be addressed in isolation.”

He pointed out that the geopolitical frameworks established after World War I, particularly in the Middle East, disregarded ethnic, economic, and sectarian factors, creating a foundation for instability.

“The post-Ottoman boundaries were drawn based on Western imperial interests, with no consideration for the region’s socio-ethnic and economic realities. This led to the marginalization of certain groups and the rise of power imbalances,” he stated, adding that such imbalances persist in modern governance models across the region.

“The peoples of the region had no say in defining their borders or the nature of their governing systems,” AL-Khanjar emphasized.

“The post-World War I system did not take into account geopolitical risks, sectarian and ethnic issues, or economic interests. As a result, sectarian divisions naturally emerged in Iraq, Lebanon, and Syria, and the Kurdish issue exploded across Syria, Iraq, Iran, and Turkey due to the injustices inflicted upon them. Additionally, some countries were deprived of access to the sea, while others were denied energy resources,” Al-Khanjar added.

Al-Khanjar criticized the reliance on external military interventions, such as the U.S.-led invasion of Iraq in 2003, which he said “exacerbated” existing systemic flaws rather than addressing them.

According to Al-Khanjar, the emergence of ISIS was a symptom of deeper issues, including the failure to establish inclusive governance and address underlying grievances. “ISIS was not the cause but the result of the crisis of Iraq’s state-building process, marked by the monopolization of power and the absence of a collective security concept,” he said.

He noted that the constitutional framework introduced after 2003 contains “loose ends” that allow for conflicting interpretations. He pointed to recurring post-election crises in Iraq as evidence of systemic flaws.

“In all democratic countries, elections are the solution to any crisis, except in Iraq, where every election brings a post-election problem that can escalate to armed conflict,” Khanjar explained.

Al-Khanjar emphasized the need for a political overhaul that guarantees fair power-sharing and builds trust between citizens and the state. He argued that current practices, including the misuse of “laws as political tools” and the erosion of Iraq’s federal system, are steering the country towards authoritarianism.

“The state has failed to manage Iraq’s diversity and to ensure that all citizens feel represented in power,” he said, calling for a national reconciliation process and the rebuilding of trust through mechanisms.

“No one who has had a family member forcibly disappeared based on secret informants, had confessions extracted under torture, remains displaced and barred from returning to their home and land, can trust the state or recognize its authority over them, especially when they see it indifferent to the fate of the thousands of forcibly disappeared, or to amending the General Amnesty Law to ensure reinvestigation of the wrongfully accused, compensating their families, guaranteeing fair trials, and addressing the harm they have suffered,” Al-Khanjar concluded.