Clarion Project, by Jennifer Breedon, April 19, 2017:
The recent rejuvenated referendum on Kurdistan Independence will likely draw a few questions from people. Namely (1) What does “Statehood” mean and what is required to gain it? (2) Why does an independent Kurdistan really matter? And (3) Is it really helpful to have another independent government in the Middle East in an already volatile area?
What does “Statehood” mean and what is required to gain it?
Becoming a state provides autonomy and self-determination that allow a government to aid their people, provide security to their region, build infrastructure, among many other things. Even autonomous regions within a state are subject to the official national government decisions and therefore cannot enter into alliances with potential allies. In this situation, it matters for the United States because the modern Kurds and the Kurdish government in Northern Iraq are extremely pro-America and pro-democratic freedoms. In an age where the Middle East is constantly laced with sectarian violence, the Kurds are a secular governing force that rejects extremism. However, since it is merely an “autonomous” region of Iraq, they are subject to alliances of the Iraqi government and cannot be a strength of secular democratic governance that is so desperately needed throughout the Middle East.
The Montevideo Convention of 1933 outlined the four main requirement of statehood. Those are: a permanent population, a defined territory, a government, the capacity to enter into foreign relations with other states. However, meeting the Montevideo requirements doesn’t automatically gain independent statehood today. That requires recognition by the international community (and recently done via the United Nations).
The Kurdish region was officially recognized as semiautonomous in the 2005 Iraqi constitution following the U.S. invasion of Iraq and fall of Saddam Hussein’s regime. Today, that region and the territories closest to it have become the only safe zone for refugees and IDPs fleeing from the wrath of ISIL in Iraq.
Why does an independent Kurdistan state really matter?
When I was meeting with Kurdish government officials in January this year, I asked this very question to Dr. Dindar Zebari, a top official in the Kurdish Democratic Party.
Dr Zebari: “…you cannot have a success story within a failure story [Iraq]. Sectarian violence in the Middle East-and especially Iraq-will continue. There is a problem and that’s religious engagement in government and it holds all of humanity back: the case of Shia vs. Sunni. Yazidi, Christian and other minority communities will be under religious extremist governments because the ethnic cleansing under these governments will never stop. Kurdistan has been successful as an accepting autonomous region and our government has never and will never turn away minorities. Our constitution is based on individual human rights and not religious identity.
JB: What makes Kurdistan as a state unique in this region?
Dr. Zebari: We are unique in that we already have self-determination and friendly relations with many other governments. The only forces that have EQUALLY protected all the religious minorities since ISIS began their violence, are the Peshmerga forces. We have already delivered more for the rights of minorities and protecting from ISIS than many other independent states in this region even though we aren’t yet a recognized nation-state.
According to the CIA World Factbook “there has been voluntary relocation of many Christian families to northern Iraq” since the rise of ISIS. An article in the Council for Foreign Relations noted in 2015 that, “even while asserting their autonomy, Iraqi Kurds are still considered by policymakers as the ‘glue’ that holds [Iraq] together amid sectarian tensions between Sunni and Shia Arabs.”
Today, almost all the U.N. refugee areas for ISIS victims are in or near the Kurdish region because it has been secured by the Kurdish Peshmerga forces. However, since the Kurds are not an independent nation-state, they are not privy to U.N. practices in refugee camps, nor are they invited to talks on the humanitarian situation in the region. Additionally, when money is sent to the “refugees” and IDPs living in camps in the Kurdish region, none of that money goes to the Kurdish Regional Government because they are not a recognized state. The money is either given directly to the United Nations OR the “recognized” government of Iraq in Baghdad. Considering that Iraqis have fled Baghdad for safety in Erbil and the Kurdish region, this seems to make very little sense in helping those that need it most and supporting the forces protecting the victims.
Jennifer Salcido, a humanitarian filmmaker in Iraqi Kurdistan, recently met with a small group of Assyrian Christians. When she asked them why they didn’t go to Baghdad for safety from ISIS, they responded, “Because they will murder us in Baghdad. We are much safer in Erbil [Kurdistan region capital].”
Is it really helpful to have another independent government in an already volatile Middle East region?
The answer is 100% yes if that independent government is friendly to the United States, Israel, and secular governance including human rights and not Islamist sharia implementation. The Kurds have no sharia laws or desire to impose Islamist laws. They’ve been persecuted by Islamist governments for far too long and the modern Kurdish parties, such as the KDP, have adopted a secular democratic constitution.
Most Kurds are Muslim, but reject religious rule in favor of secular governance so that all religious people and ethnic minorities can have fair and equal representation. The Kurds have adopted secular lifestyles seen just by visiting the capitol city of Erbil where you’ll hear American music, see a booming economy, or have conversations about new business enterprises. If you’re lucky, you may run into the Erbil Men’s Club. Kurds don’t identify as “Sunni” or “Shia” at the outset. While they will openly say what religion they practice, they refuse to allow their identity to be encompassed in the sectarian strife they’ve witnessed throughout the Middle East. They want no form of oppressive sharia law in their governance to promote the rights of women and minorities. In fact, Kurdish government mandates that 30% of Parliament members be women. I witnessed that firsthand and it looks a lot like the United States: churches, mosques, and synagogues side-by-side with equal numbers and mutual respect between all religious leaders.
The issues in the Middle East come down to proxy wars and one important differentiation: Does the country have a theocracy or a secular government that governs the people with basic freedoms of life and liberty to freely worship? The Kurdish government maintains the latter and thus makes their application for statehood a necessary element in upholding human rights and providing for a more stable and violence-free Middle East.
Jennifer Breedon is an attorney and the legal analyst for Clarion Project. Jennifer’s specializations are in international criminal law, Middle East policy and U.S. Constitutional Law. To invite Jennifer to speak please contact us.