Rezhen Ismael Omar1*
Bandi Omer Abdullah2
Department of Law, Faculty of Humanits and Social Sciences, Koya University, Erbil, Kurdistan, Iraq
Email: rezhen.ismael@koyauniversity.org / Bandi.abdullah@epu.edu.iq
DOI: 10.23918/ICABEP2025p91
Abstract:
Iraq and the Kurdistan Region are characterized by remarkable cultural diversity, encompassing multiple languages, religions, ethnicities, and geographical distinctions. This research examines the implications of cultural differences within the legal frameworks of Iraq and the Kurdistan Region, recognizing the fundamental role of law in governance and its reflection of societal dynamics (Horowitz, 2000; McGarry & O’Leary, 2009). While acknowledging the prevailing Arab-Kurdish political dominance, this study emphasizes the importance of embracing a multicultural citizenship perspective that transcends current ethnocentric approaches. Through a comprehensive examination of constitutional provisions and human rights principles related to citizenship, this research evaluates how cultural diversity impacts legal outcomes and minority representation. Based on theories of democratic citizenship (Marshall, 1950; Kymlicka, 2001; Young, 2000), this paper proposes the need to foster an inclusive atmosphere as a driving force to political stability, social cohesion and democracy. The study evaluates the Iraqi constitutional law and the legislation of the Kurdish region to determine how well they can accommodate the multi-ethnic and multinational communities in Iraq. The applications in the multifaceted socio-cultural setting in Iraq and the Kurdistan Region can be assisted by the multicultural citizenship theoretical exploration. The paper represents a qualitative legal analysis that explores texts of the constitution, electoral laws and language policy. The findings indicate that constitutional recognition of diversity has gone a long way, particularly language rights and minority representation and that there are loopholes in the aspects of implementation and representation in provincial councils and electoral commissions. The paper critically examines the Iraqi Constitution of 2005 in which the expressions of culture are found in the preamble and the articles. It focuses on the necessity to follow the constitution and recognize the diverse communities better. It is recommended to improve official language laws to be a true mirror of the diversity of the Kurdistan Region, reinforce minority representation processes, and make human rights principles serve as the cornerstone of an inclusive society.
Keywords: Multicultural citizenship, Iraq, Kurdistan Region, Legal Framework, Human Rights, Constitutional Law, Minority Right