Explainer: What Is Iraq’s Federation Council and Why Is It Still Missing?

Iraq still hasn’t fulfilled its constitutional requirements. Almost twenty years after Iraq adopted its post-2003 constitution, one of its most important democratic institutions is still missing: the Federation Council, the parliament’s upper house. 

Although the constitution clearly requires a bicameral legislature to represent the people of Iraq (an upper house and a lower house) only the lower house, the Council of Representatives, has been formed.

The issue has become a central topic in Iraqi national politics  (and not for the first time) following Kurdistan Democratic Party (KDP) President Masoud Barzani’s recent comments at the Middle East Peace and Security (MEPS) forum in Duhok, where he said that the establishment of the Federation Council is a key Kurdish condition for joining Iraq’s next government. 

His statement has given a new sense of urgency to the long-ignored topic.

Barzani said: “It is necessary to work toward establishing the Federation Council in accordance with Article 65 of the constitution, because it is essential – both as a guarantee for the Kurdistan Region and for all the governorates.”

What the Constitution Says

The Iraqi Constitution requires a two-chamber legislative system:

• Article 46: Federal legislative power consists of the Council of Representatives and the Federation Council.
• Article 62: A legislative council shall be established named the “Federation Council” to include representatives from the regions and the governorates that are not organized in a region. A law, enacted by a two-third majority of the members of the Council of representatives, shall regulate the Federation Council formation, its membership conditions and its specialization’s and all that is connected with it.

The second chamber has never been formed.
And Iraq’s legislative system has remained incomplete for almost two decades.

Why the Upper House Matters

Simply put, it’s meant to safeguard against majority domination.

The lower house, The Council of Representatives, passes laws by a simple majority of 51%. Without a second chamber to review or veto legislation, larger blocs can push through laws that marginalize minority communities or contradict constitutional principles.

A functioning Federation Council (similar to the U.S. Senate or Germany’s Bundesrat) could:

• review legislation,
• ensure fair representation of regions and governorates,
• prevent unilateral lawmaking.

A Forum to Resolve Baghdad–Regional Disputes

A lot of conflicts between the Kurdistan Regional Government (KRG) and Iraq’s Federal Government in Baghdad (relating to oil and gas, the federal budget, security forces, and disputed territories) stem from different interpretations of the constitution. 

Although both sides have accepted the Iraqi Supreme Court’s interpretations, the Court has been accused of favoring the Federal Government’s side. If those major disputes are settled, it can strengthen Iraqi stability and unity. 

A representative upper house could serve as a platform where regions and governorates negotiate and refine legislation before crises erupt.

Strengthening the Federal State

Iraq is formally a federal state, but in practice power has also been highly centralized in Baghdad. Provinces complain of limited authority, and regions lack institutional tools to defend constitutional rights.

The Federation Council would give regional representatives a formal role in shaping federal legislation, which is essential for a genuine federal system.

Empowering Minorities

Minorities such as Yazidis, Christians, and Turkmen have guaranteed seats in the lower house, but these seats are so few, and the system of representation is so skewed, that their power is watered-down and lacks meaningful influence. 

Even the Kurds (the second biggest component in the country) are vulnerable to an undemocratic majoritarian rule. Structured representation in the upper house could amplify their voices and protect vulnerable communities. 

Why is it Relevant Now?

KDP President Masoud Barzani’s recent comments signal a strategic shift:
The Kurdistan Region is prioritizing structural guarantees, not only political deals. 

The recent transformations in the Middle East have led the Kurds to seek to strengthen their structural positions in the four capitals rather than engage in unilateral political gambling. 

For the Kurdish leadership in Iraq, the Federation Council is crucial because:

• it institutionalizes Kurdish and minority representation at the federal level,
• it prevents the erosion of regional powers through simple-majority laws,
• it offers a constitutional mechanism to negotiate disputed laws (e.g., oil and gas),
• and it balances Baghdad’s power by giving federal regions a constitutional voice.

Kurds have long argued that without the Federation Council, Iraq’s federalism is incomplete. And constitutionally, they’re right. 

Why’s It Still not Established?

In Iraq, the most powerful political actors are political leaders with militias. 

It’s these leaders and their informal politics, often empowered through their parties and the lower house, that dominate decision-making, instead of state institutions. Because in Iraq, democratic norms do not guide politics – political elites working outside constitutional arrangements do. 

Parliamentary elections in Iraq have not been used to transform the country’s politics. Instead, they have been used to legitimize Iraqi parties. 

Some of these parties worry that a strong Federation Council would empower regions, deepen federalism, and potentially encourage autonomy movements.

An upper house could shift power from “leaders’ councils” to constitutional institutions. The Shia, Sunni, and Kurdish leaders that have dominated their communities’ political decision-making, would then need to exist in a new reality: where the country would require everyone to settle political disputes within the framework of constitutional structures and mechanisms. 

Despite being in the constitution, the issue has rarely been a priority during government formation negotiations, until now. 

What an Upper House Might Look Like

Although the constitution gives flexibility, most political actors envision:

• members nominated or elected by regions and governorates,
• seasoned politicians, legal experts, or technocrats,
• a two-thirds voting threshold for passing federal laws,
• dedicated seats for minorities.

This would complement the lower house, which increasingly includes young, populist, or inexperienced members.

Could the Federation Council Finally Be Established?

The demand has become a formal bargaining chip in Iraq’s government-formation negotiations.

Barzani’s public emphasis creates,

• a constitutional argument (it is required by law),
• a political argument (regions need institutional guarantees),
• a strategic argument (stability depends on shared decision-making).

The coming weeks will show whether Baghdad’s parties are willing to finally implement a core part of the constitution or continue governing with a half-built legislative system. 

For now, it’s unclear if Masoud Barzani’s insistence on the formation of the council is for the sake of expanding Iraqi democracy or rather a political maneuver to help the KDP gain favors with the Shia-led alliance that is forming the new cabinet.