The Necessity of the Constitution and Restoring the Legitimacy of the Republic of Kurdistan
In the realm of modern politics, the fundamental distinction between an “armed group” and a “Government-in-Exile” lies in the existence of Law and Institutions. Most successful liberation movements, in order to grant themselves legitimacy and distance themselves from chaos and disorder, have required a legal framework to organize authority. Thus, the concept of the Constitution emerges as the central pillar of the KNC’s state-building efforts.
1. The Duality of “Force” and “Law”
The occupiers of Kurdistan consistently attempt to frame the Kurdish struggle as mere “insurgency” or a “disruption of security.” When Kurds possess their own Constitution, this equation is reversed: they become a nation possessing the law, while the occupier is occupying the land illegally.
The existence of a Constitution during the struggle phase prevents the Kurdistan movement from becoming a personal or partisan force driven by the whims of leaders; instead, it transforms it into an institutional system where rights and duties are clearly defined.
2. Why the Constitution of the Republic of Kurdistan?
The Kurdistan National Congress (KNC) has decided to recognize the Constitution of the Republic of Kurdistan (1946) as the recognized legal source, for the following objective and historical reasons:
- State Continuity: The Republic of Kurdistan in Mahabad is the only modern Kurdish entity in the 20th century where the Kurds officially declared a “State.” This Republic was not dissolved by the will of the Kurds but was overthrown by foreign occupying force. Therefore, legally, this Constitution carries the spirit of the Republic of Kurdistan; it revives and legitimizes that Republic within the core of a new statute, taking steps to realize that Republic once again in a new, modern, and contemporary form—transforming it from an idea into reality.
- National Consensus: Drafting a new Constitution at present might lead to divergent partisan and ideological views regarding its articles. However, returning to the Republic’s Zagon is a return to a shared heritage that all Kurds consider sacred and uncontroversial.
3. A Message to the International Community
The outside world deals with “institutions,” not “lone revolutionaries.” When the KNC approaches global centers with a Constitution , the message is clear:
“We are ready for statehood. We possess the law, protocols, and discipline of a state, and we are a stable alternative for the vacuum that will be created upon the departure of the occupier.”
Therefore, for us, the Constitution is not merely a written text; it is the legal identity of the future State of Kurdistan and the distinguishing factor between “political and state struggle” and “revolutionary and partisan struggle.”