Article 140 of the Iraqi Constitution, which addresses the status of Kirkuk and other disputed territories, was entirely absent from the ministerial program presented by Iraq’s new government under Prime Minister-designate Ali al-Zaidi.
On May 7, 2026, al-Zaidi submitted the proposed government agenda to the Speaker of Parliament for examination and approval. According to a copy obtained by KirkukNow, the document contains no reference to Article 140, despite its long-standing significance in disputes between Baghdad and the Kurdistan Regional Government (KRG).
Fahmi Burhan, head of the General Authority for Kurdish Areas Outside the Kurdistan Region Administration, criticized the omission. He said the four-year ministerial plan, built around four key pillars, “fails to address the constitutional rights of the people of Kurdistan.”
Burhan added that Kurdish leaders and the KRG “will not settle for anything less than the implementation of Article 140,” which he said had been disregarded.
KirkukNow also reported that several recent meetings involving political leaders, regional government representatives, and Ali al-Zaidi focused on resolving outstanding disputes through constitutional mechanisms. However, none of the official statements issued afterward mentioned Article 140.
Iraq’s parliament is expected to meet later this month to vote on confidence in the new cabinet and approve its ministerial agenda.
A Kurdish citizen is reading graffiti declaring ISIS “implemented Article 140,” a reference to Kurdish forces regaining control of disputed territories in 2014.
The current Iraqi administration led by Mohammed Shia al-Sudani (2022–2026) had included Article 140 and the disputed territories issue in its ministerial platform. Measures included reactivating the High Committee responsible for implementing Article 140, allocating financial resources, and compensating individuals covered under the provision.
Originally established in 2006, the Constitutional Committee for the Implementation of Article 140 was tasked with facilitating the return and compensation of families displaced during the Ba’athist era (1968–2003), as well as addressing demographic changes caused by state policies.
Similarly, the government program under former Prime Minister Mustafa al-Kadhimi (2020–2022) also excluded Article 140.
Commenting further, Fahmi Burhan said he now looks to members of parliament to defend Kurdish constitutional rights.
“When this program reaches parliament, lawmakers must safeguard our rights and achievements within the constitutional framework,” he stated.
Article 140, approved as part of Iraq’s 2005 constitution by 78% of voters, outlines a three-step process to resolve the status of disputed territories: normalization, a population census, and a referendum. Although the article was supposed to be implemented by the end of 2007, Iraq’s Federal Supreme Court ruled in 2019 that it remains valid until all of its provisions are carried out and its objectives achieved.
The article itself is rooted in Article 58 of Iraq’s Transitional Administrative Law, introduced in March 2004, and is composed of three principal sections.
