Document Type : Research Article


Departmant of Law, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran


Like the other communities in the world, Kurdistan has several different groups which have their own unique identity and cultures. At the same time, in the absence of external intervention, they largely are living peacefully together. The Kurdistan Regional Government (KRG) and the Kurdish sovereignty, within their means and authority, have tried to maintain and promote these peaceful circumstances. Thus, it has taken some practical steps and put some efforts to prove it’s believes in such a peaceful coexistence. It has regarded all the different components and determined their legal and political positions. To promote peace and coexistence every legal effort should be driven by the Constitution of the Kurdistan Region Government (KRG). Kurds who have suffered marginalization, Anfal campaigns and genocides as a minority group within a larger framework, by a dominant culture and people, should take lesson from these experiences when establishing authorities and legal governance ensuring no KRG identify, culture or minority faces this history of suffering. The idea and theory of multicultural citizenship is one of the theories that can become a foundation to protect the ministries’ in any given country which is culturally diverse. Therefore, by accepting Kurdistan as a community with diverse cultural and multi ethnical should consider these differences at time of drafting its Constitution. The Kurdistan Region Constitution, as a modern Constitution, should officially recognize and abide by the principle of multicultural citizenship and on the principle of respecting the differences, and provide the opportunity of meaningful legal and political participation for the majority and minority. Will Kymlicka and Iris Marion Young as two theorists in area of citizenship rights have thoroughly discussed and analyzed the topic of diverse and multicultural citizenship. They have reinforced their theory in relation to the theory of equal citizenship. Thus, they have offered a new legal framework to protect the rights of minorities, which by looking at the cultural form of the KRG using this theory as a principle in the Constitution be useful. Therefore, in this research, this idea would be analyzed in details and would be interpreted in the context of the KRG for drafting a modern Constitution.


Main Subjects

  1. Abbasi, M. (2015). “Multicultural Policy in the Achaemenid Period: Coexistence of Cultural Diversity and Political Solidarity”. Fourth Conference on Iranian Islamic Pattern of Development. Tehran.
  2. Azizi, S. (2005) Protection of Minorities in International Law. Hamedan: Noor e Elam Publication.
  3. Baratalipour, M. (2005). Citizenship and Neo-virtuous politics. Tehran: National Research Institution.
  4. Bloor, Kevin (2010). The Definitive Guide to Political Ideologies, Author House.
  5. Castles, S. and Davidson, A. (2000). Citizenship and migration: globalization and the politics of belonging. New York: Routledge Publication.
  6. De Schutter, Helder (2005). “Nations, Boundaries and Justice: on Will Kymlicka 's Theory of Multinationalism”. Journal of European Ethics Network. 11, No. 1. European Center of Ethics, K. U. Leuven.
  7. Fasihi, A. (2016). From monocultural to Multicultural Citizenship; Citizenship Evolution in the Liberal Tradition, Politics Quarterly Journal, Vol. 3, No. 11, pp. 67-78, Tehran.
  8. Framework Convention for the Protection of National Minorities, Details of Treaty No. 157, Council of Europe.
  9. Hakki, F. (2010). Human Discourse for All. Tehran: Shahr e Danesh Institute for Legal Researches Publication.
  10. Heywood, A. (2007). Politics. Third Edition, Palgrave Macmillan Publication.
  11. Indigenous and Tribal Peoples Convention, 1989 (No. 169), Convention concerning Indigenous and Tribal Peoples in Independent Countries (Entry into force: 05 Sep 1991).
  12. International Convention on the Elimination of All Forms of Racial Discrimination, Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965, entry into force 4 January 1969, in accordance with Article 19. http://www. aspx
  13. International Covenant on Civil and Political Rights, Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49. http://www.ohchr. org/EN/ProfessionalInterest/Pages/CCPR.aspx
  14. International Labour Organisation (1991). Indigenous and Tribal Peoples Convention, 1989 (No. 169) Adopted on 27 June 1989 by the General Conference of the International Labour Organisation, 5 September 1991
  15. Javier Ruiz Vieytez, Eduardo. The Protection of Linguistic Minorities: A Historical Approach. IJMS: International Journal on Multicultural Societies. 2001, vol. 3, no. 1, pp. 5-14. UNESCO. ISSN 1817-4574. www.
  16. Khajeh Nouri, N. (2013) “Multicultural Society: Citizenship Rights and Media Behavior”. Journal of Media Research. Vol. 8, No. 21, pp, 33-44, Tehran
  17. Kymlicka, W. (1989). Liberalism, Community, and Culture. Oxford: Oxford University Press.
  18. Kymlicka, W. (1995), Multicultural Citizenship: A Liberal Theory of Minority Rights. Oxford: Oxford University Press.
  19. Kymlicka, W. (1998). “Liberalism and ethnic pluralism”. Oxford University Press.
  20. Kymlicka, W. (1999). “Comments on Shachar and Spinner-Halev: an update from the multiculturalism wars”, In C. Joppke, and S. Lukes, (Eds). Multicultural questions. Oxford and New York: Oxford University Press, pp. 112-132.
  21. Kymlicka, W. (2001). Politics in the Vernacular: Nationalism, Multiculturalism, and Citizenship, Oxford: Oxford University Press.
  22. Kymlicka. W (1995). Multicultural Citizenship, Oxford: Oxford University Press.
  23. Lessani, H. (2003). The position of Minorites in International Human Rights Law (the Latest Achievements). Private Law Quarterly Journal, Vol. No. 3, Tehran
  24. Najati Hoseyni, S. M. (2010). “Urban Citizenship: from Theory to Urban Politics and Cultural Experience”. Encyclopedia of Social Sciences, Vol. 1, No. 3, pp. 135-160, Tehran.
  25. Nash, K. (2010). Contemporary Political Sociology: Globalization, Politics and Power. Wiley – Blackwell Publication.
  26. Papoutsi, E. (2014). "Minority under international law: How protected they are?", Journal of Social Welfare and Human Rights, vol. 2, No. 1.
  27. Pelloux, R. (1991). Le citoyen devant L'Etak. Translated by Abolfadhl Ghazi. Tehran: Tehran University Publication.
  28. Rasekh, M. (2006).  Right and Expediency. Tehran: Tarh e new Publication.
  29. Rouhi, E. (2016). “Contemplation on the Presidency Charter of Citizenship Rights”. Bir u Hizir Magazine, No. 2, Kurdistan.
  30. Rouhi, E. (2018). Contribution of the rule of Law on Protection and Promotion of Human Rights. Tehran: Citizenship Rights Publication
  31. Sajedi, A. (2016). “Citizenship Rights and Human Rights from the Islamic States View in the Middle East with Focus on the Islamic Republic of Iran’s Constitution”. Special Quarterly Journal of Politic Sciences. Vol. 12, No. 36, pp. 41-59, Tehran: Islamic Azad University Publication.
  32. Tababtaby Moetameni, M. (2009). Public Freedoms and Human Rights. Tehran: University of Tehran Publication.
  33. Taylor, C. (1992). The Ethics of Authenticity. Сambridge, Mass: Harvard University Press.
  34. Taylor, C. (1994). “The politics of recognition”, In A. Gutmann, (Ed). Multiculturalism: examining the politics of recognition, Princeton: Princeton University Press, pp. 25-73.
  35. Taylor, Ch. And others (2013). Multiculturalism: examining the politics of recognition. Tehran: Rokhdad e Now Publication.
  36. Tebble, Adam James (2002). “What is the Politics of Difference?”, Political Theory, Vol. 30, No. 2, pp. 259- 281.
  37. The Charter of the United Nations, html
  38. Treaty of Westphalia, Lillian Goldman Law Library, Yale Law School, Yale University. http://avalon. law.
  39. United Nations (1992). Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities Adopted by UN General Assembly resolution 47/135 of 18 December 1992
  40. Young, I. M. (1989). “Polity and Group Difference: A Critique of the Ideal of Universal Citizenship”, Ethics, Vol. 99, No. 2, pp. 250-274.
  41. Young, I. M. (1990). Justice and the Politics of Difference, Princeton: Princeton University Press.
  42. Young, I. M. (2000). Inclusion and Democracy, Oxford: Oxford University P