Sovereignty and State Formation in Middle East
Kurdishaspect.com - By Karim Hasan (independent Kurdish scholar)
Three theoretical and practical frameworks in international law have been the main application of formation of sovereign states: “natural formation of a state”, “right of nations to self-determination”, “war, invasion and occupation”. The natural formation of a state is a process which neither requires engagement in political process of referendum and voting nor requires engaging in war for the purpose of state formation. There is no state which has been formed such natural process without a political process and/or engaging a war of invasion and/or self-defense. This approach is a theoretical abstract.
The second approach is formation of a state through a civil political process such as referenda and voting. The examples of East Timor, Czech Republic and Albania have obtained their independence through a political referendum and constitutional solutions. The third type has been the most common type of state formation through the use of power and force. The reality of state formation has been that elements of the three approaches have been present in almost all state formation processes. These three frameworks of state formation and sovereignty are examples of possible ways in which sovereign states have been formed.
As explained – most sovereign states have proceeded through all the three components.
For example, in Europe, the constitutional debate in Spain on the status of the Catalans as a nation, and the recognition of Catalonia within the Spanish state, set the precedent for that historico geographic Catalonia and the Catalan people are recognized as a nation with a defined boundary. Unlike Catalans, Kurds do not have a juridico-political administration in historico-geographic Kurdistan. The Catalan case is a progressive precedent.
Though, unlike the Catalans who live within the borders of the Spanish state, the Kurds are divided among four different states and their number is much lager than the Catalan people, this situation makes the Kurdish case more complex. These differences require us to consider context because Kurds live under Turkish, Iranian, Iraqi and Syrian sovereignty in comparison to the Catalans under the Spanish sovereignty.
Many anthropological, sociological, natural and human-geography research findings recognize historico-geographic Kurdistan. The lack of official recognition of historico-geographic Kurdistan, the recognition of Kurds as a nation, and a juridico-political administration show that they are not a recognized nation and renders Kurds stateless, thus they are not international subjects directly nor indirectly.
In the conclusion of his genealogical study of sovereignty Bartelson wrote “I begun this book by stating that knowledge is political, and that politics is based on knowledge. I should end it by observing that this epistemic change is essentially political, it also involves the political responsibility to of deciding upon sovereignty, a decision for which, we for the moment seem unfit to make” (Bartelson 1995: 248). Bartelson suggested that a decision on the status of sovereignty was necessary because by early 1990s the episteme of Westphalian sovereignty had changed due to changes in international politics at the end of the Cold-War. Analogous to the change in episteme of Westphalian sovereignty noted in Bartelson’s concluding remarks, the episteme by which Kurds had been known for centuries started to shift in the last decade, this change coincided with change in the Middle East politics at the end of the Cold-War.
3. International Community and the Kurdish Case/Question
A formation of a Kurdish state is on the horizon, if the Kurds are willing to have a state. My proposition is that Turkey, Iran and Syria are failed states in relation to their treatment and government of Kurds and Kurdistan. They are unable to provide safety and security for their populations, specifically the unrecognized Kurdish nation. Failing to provide for the safety and security of Kurds and minorities has been the case since the creation of these states after the end of the First World War and the fall of the Ottoman Empire.
What is the international status of the Kurdish Question? It is not constituted in international law and international relations. Neither international law acknowledges the Kurdish Case/Question or a clear Kurdish policy among the five permanent members of the United Nations. After the end of the Cold War, 1988-89, Operation Desert Storm in 1991, and following the 2003 Iraq War by the Coalition of the Willing led by the United States, debate concerning a solution to the Kurdish Question emerged among Middle Eastern and Kurdish studies scholars. This debate/discussion can be organized into two broad frameworks. All types of Kurdish movements and academic inquiries into the Kurdish Question work within either, or, a mixture of the two frameworks.
The first approach studies the ‘viability of a Kurdish state’ as a permanent solution (Gunter 2004; Natali 2004; Olsen 2004; Ozcan 2004; Salih 2004; Yavuz 2004) "http://www.kurdishaspect.com/doc122007KH1.html". While the Kurdish political leaders claim that establishing a Kurdish state is their strategic goal, at present this approach is not very popular among political leaders due to the pragmatic nature of Kurdish politics, which has been shaped by geopolitical realities. Yet, it is widely supported among the Kurdish public in Kurdistan and among the Kurds in diasporas. They argue that only an independent Kurdish state will bring a lasting solution to the Kurdish Question. This approach is less debated /discussed among the Middle Eastern and Kurdish affairs scholars. Gunter and Yavuz (2005) teamed up again and provided fresher analysis on the impossibility of a Kurdish state in the near future.
The second is a solution to the Kurdish Question within the existing borders of Turkey, Iran, Iraq and Syria. This approach is more predominant than the first one; it is expressed in a number of ways by Kurdish movements and academic scholarship: demand for cultural and linguistic rights; struggle for political, social and economic rights; and demand for more defined administrative structures such as autonomy, self-government and recently federalism (Gunter 2004; Natali 2004; Olsen 2004; Ozcan 2004; Salih 2004; Yavuz 2004). Up to date no permanent guaranteed progress has been made under this approach, the exception is Iraqi Kurdistan which has attained a federal status. This status might be promising; however it is too early to forecast its success since the referendum on Kirkuk to join Iraqi Kurdistan region is pending and recently Iraq’s new Constitution under articles 58 of the Transitional Administrative Law and article 140 of Iraq’s constitution.
These two frameworks are primary methods of inquiry into the Kurdish Question and they are entrenched into the strategies of the ‘Kurdish movement’ for tackling a solution. Since 1988, studying the Kurdish question has gained momentum in the Middle Eastern studies and Kurdish scholarship, and the ‘Kurdish movement’ has made progress. What is the Kurdish movement? Jwaideh provides the historical roots of Kurdish movement (2006). A genealogical study reveals that the Kurdish movement is a nexus of ethnic, civic and, or cultural, and lately diaspora nationalism. A number of Kurdish political parties and intellectuals have mixed nationalism with leftist political ideologies (See Vali 2003).
After the end of the Cold War, 1988-89, Operation Desert Storm in 1991, and following the 2003 invasion of Iraq by the Coalition of the Willing led by the United States debate concerning a solution to the Kurdish Question emerged among Middle Eastern and Kurdish studies scholars. This debate/discussion can be organized into two broad frameworks. All types of Kurdish movements and academic inquiries into the Kurdish Question work within either, or, a mixture of the two frameworks.
The first approach studies the viability of a Kurdish state as a permanent solution. While the Kurdish political leaders claim establishing a Kurdish state is their strategic goal, at present this approach is not very popular among political leaders due to the pragmatic nature of Kurdish politics, which has been shaped by geopolitical realities. Yet, it is widely supported among the Kurdish public in Kurdistan and among the Kurds in diaspora, they argue that only an independent Kurdish state will bring a lasting solution to the Kurdish Question.
This approach is less debated/discussed among the Middle East and Kurdish affairs scholars.
The second is a solution to the Kurdish Question within the existing borders of Turkey, Iran, Iraq and Syria. This approach is more predominant than the first one; it is expressed in a number of ways by Kurdish movements and academic scholarship: demand for cultural and linguistic rights; struggle for political, social and economic rights; and demand for more defined administrative structures such as autonomy, self-government and recently federalism.
Up to date no permanent guaranteed progress has been made under this approach, the exception is Iraqi Kurdistan which has attained a federal status. This status might be promising, however too early to forecast its success since the referendum on Kirkuk to join Iraqi Kurdistan region is pending and recently Iraq’s new Constitution has been challenged.
These two frameworks are primary methods of inquiry into the Kurdish Question and they are entrenched into the strategies of the Kurdish movement, conflict, for tackling a solution. Since 1988, studying the Kurdish question has gained momentum in the Middle Eastern studies and Kurdish scholarship, and the Kurdish movement has made progress.
4. Kurdistan Region – Iraq: Kurdish state formation process
In 1991 the safe-haven created by the United Nations, supported by the United States, the United Kingdom and France to prevent further atrocities against the Iraqi Kurds in the aftermath of the war with Iraq was a humanitarian intervention. Operation Iraq Freedom in 2003 is an example of intervention into a failed state. These two examples are practices of post-sovereignty, which are models of global governance.
Kurdish Case/Question in Iraq reached an initial level of settlement in 1991-2, and 2003.
The emergence of an opportunity for Kurdish state formation materializes. In 1992, for the first time in Southern Kurdistan a Kurdish parliament was elected, which was process of the formation of a Kurdish Regional Government that has been ruling over Duhok, Sulaimania and Hewler (Arbil), and now its power extends to Kirkuk, parts of Mosul, Tikret and Ba’quba provinces. Kurdistan Regional Government maintains international representatives and formal consulates and/or offices of the United Kingdom, Italy, Sweden, Germany, the United States, Denmark, Russia, the Netherlands and other states in southern Kurdistan.
Kurdistan Regional Government is a joint government mainly between PUK and KDP, and the opposition Change List. KRG has a federal relationship with Iraqi central government since 2003. There are many criticisms on the style of KRG governance. Progress is sluggish in comparison to the approved reform and development government proposed projects. Overall, KDP and PUK are doing very well in the process of reconciliation and running this coalition government.
The main thesis is that Kurdish and Kurdistan society neither need change nor progress at the expense of stability, modernization, transparency; nor do they need dictatorship and absolutism for the sake of stability–rather a moderate way forward is the best solution to that war-torn region. This moderate way forward can best be attained by looking towards
Europe – less attention on ideology but more on life, liberty and security. Both PUK and KDP have supported the alleviation of KRG to a functioning government to govern Kurdistan Region and represent the Kurds internationally. Kurdistan Region – Iraq has the opportunity for the formation of an independent Kurdish state.
5. Conclusion
In my second year of Ph.D. program, in 2006 winter session - my supervisor asked me to write a mini-proposal about what ‘Kurdish Question’. He asked me to tell them “what is the Kurdish Question”. In two weeks time, I responded with a mini-proposal. He accepted my mini-proposal, and I began research for my comprehensives examinations. At the end of summer 2006, I defended my first examination entitled “Kurds, Kurdistan and the Kurdish Question 1800s – 1989 and after”.
On May 16, 2007, completed and submitted a draft of my second examination entitled “Kurdish and Kurdistan Society 1970 - 2003". I added the subtitle “Towards Freedom”, which has been published on Kurdish Aspect on November 11, 2008. By the end of summer 2007 I defended and passed my second examination. Out of the mini-proposal and two comprehensive exams, I developed my doctoral proposal entitled “State Formation, Sovereignty and the Kurdish Question/Case”. My Research can be found at Kurdish Aspect: http://www.kurdishaspect.com/AcademicResearch.html
My work shall remain the course on this subject matter.
*Please note that this paper is a working paper and it has been is written with a computer which has a mixed Arabic and English operating system in the period of three days.
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<Photo 1>
Karim Hasan
Independent Kurdish Scholar
Canada,
PhD candidate in sociology 2004 – 2008 – Carleton University, Canada
28/May/ 2010
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