Stateless Nations: The Failing Peaceful Route to Independence

The recent referendums for both Catalonian and Iraqi Kurdish independence seem to have failed after being rejected by the government or judicial system of their respective governments.[1] While this may not be surprising to most observers, it is the furthest either movement has gone towards full independence – and the continued unrest in Catalonia represents the worst relationship that Barcelona has had with Madrid in decades. In both cases, it seems that the supposed legal avenue to independence by means of referendums and negotiations with the central government is not be possible, and that the peaceful route to independence for stateless nations has been proven to be an impossibility.

The Iraqi section of Greater Kurdistan remains the only section of the Kurdish population to be recognized as autonomous (see figure 1). In 1970 the Iraqi government granted the province of Kurdistan autonomous status, and the Federal Iraqi Republic confirmed that autonomy in 2005.^[2] In Syria, Kurdish fighters have seized control of much of northern Syria from government forces, established their own government, and plan for greater autonomy following the war.^[3] The Iranian section of Greater Kurdistan, although bearing the provincial name of Kurdistan, is not recognized as autonomous and does not enjoy any sort of self-rule. At a trade meeting on October 4, Iranian President Rouhani and Turkish President Erdogan both criticized the Iraqi referendum, calling it illegitimate and announcing their intent for more “decisive action” in opposition to a Kurdish state.[4]

The aftermath of the Iraqi Kurdish referendum for independence has shown Baghdad’s strong opposition to independence, including a complete refusal to negotiate with Kurdish leaders on the subject. Although the referendum was reported to show over 90% in favor of independence, Kurdish parliamentarians boycotted sessions of the Iraqi Parliament and the Shiite-dominated legislature moved to respond to the referendum by securing assets such as airports and oil fields in Iraqi Kurdistan.[5] Greater Kurdistan has never enjoyed independence, and opposition by all three states that include the claimed territory of Greater Kurdistan make legal progress towards independence unlikely.

Figure 1: Map of Kurd Population[6]

 

In Catalonia, which has a varied history of independence and autonomy, a peaceful movement of protests and referendums has defined aspirations of independence. Between 2000 and 2010, the pro-Madrid socialist party controlled the Catalan Parliament, but in 2010 Artur Mas and his pro-independence party won control of the legislature and held a referendum on independence in 2014. The Spanish courts and parliament labeled the referendum as unconstitutional and arrested Mas, who was convicted in March 2017, fined, and barred from holding office for two years.[7] Other legal efforts have included a 1983 provincial law making Catalan and Castilian Spanish equal languages. The law was validated by the Spanish Supreme Court in 1994 after challenges by the central government failed to overturn it.[8]

The referendum on independence held in early October 2017 by Catalan leader Carles Puigdemont was met with a repeat of the 2014 ban by Spanish courts, but has not resulted in convictions because it is being done under the agreeable auspices of Catalonia’s provincial judicial system and police force. If Catalonia declares unilateral independence, Madrid will most likely institute control over Catalonia’s administration and police force, but the chances of the movement becoming violent are higher than they have been in recent decades.[9]

Failed referendums in Catalonia and Kurdistan, particularly from the perspective of a long legal battle over Catalan autonomy for the former, show the apparent ineffectiveness of legal tools to achieve independence. If violence is to be avoided in these struggles for recognition and autonomy, usage of the law and meaningful dialogues must be as legitimate to central governments as leaders of independence movement hope them to be. For Catalonia, the answer seems to be recognition by the international community – in particular, the European Union. For Greater Kurdistan, the solution for true recognition is unclear, particularly while violence against the central government has led to the existing levels of autonomy enjoyed in Kurdish-held enclaves such as the oil-rich city of Kirkuk.

 

About the Author: Ben Black is a student at the School of International Affairs. 

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[1] Zucchino, David. 2017. “Iraq Orders Kurdistan to Surrender Its Airports.” The New York Times. https://www.nytimes.com/2017/09/26/world/middleeast/iraq-kurds-independence.html?_r=0 (October 6, 2017).

Minder, Raphael. 2017. “Catalonia Leaders Seek to Make Independence Referendum Binding.” The New York Times. https://www.nytimes.com/2017/10/02/world/europe/catalonia-spain-independence-referendum.html (October 6, 2017).

[2] Iraqi Constitution, Article 113

[3] “Kurds seek autonomy in a democratic Syria.” BBC News. http://www.bbc.com/news/av/world-middle-east-19291072/kurds-seek-autonomy-in-a-democratic-syria (October 6, 2017).

[4] Regencia, Ted. 2017. “Erdogan, Rouhani united in opposition to Kurdish state.” Al Jazeera. http://www.aljazeera.com/news/2017/10/erdogan-rouhani-united-opposition-kurdish-state-171004124507138.html (October 6, 2017).

[5] Press, The Associated. 2017. “Kurdish Lawmakers Boycott Iraq Parliament Session in Baghdad.” The New York Times. https://www.nytimes.com/aponline/2017/10/03/world/middleeast/ap-ml-iraq.html (October 6, 2017).

[6] Izady, Mehrdad. The Gulf Project. Columbia University. http://gulf2000.columbia.edu/maps.shtml

[7] Murphy, Carver. 2017. Penn State Schreyer Honors Thesis. “Stateless Nations and Their Endeavor for Independence.”

[8] Earl L. Rees. Spain’s Linguistic Normalization Laws. pg 314.

[9] Minder, Raphael. 2017. “Catalonia Government Declares Overwhelming Vote for Independence.” The New York Times. https://www.nytimes.com/2017/10/06/world/europe/catalonia-referendum-sedition.html (October 6, 2017).