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Whither the Kurds?

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Palestinians have long been known for a history of missing opportunities. By contrast, Kurds spread across several Middle Eastern nations appeared to have a keener understanding of geopolitics and were seemingly willing to embrace the art of the possible. All of that has changed in the past year with both Palestinians and Kurds seemingly further away from achieving their long-standing goal of statehood.

A combination of the rise of US President Donald J. Trump, the emergence of the Islamic State, the wars in Iraq and Syria, Turkey’s turn towards authoritarianism, and the fallout of failed policies by Palestinian and Kurdish leaders have rendered both nations struggling to salvage what can be salvaged.

To be sure, circumstances that shape the struggle to achieve the two peoples’ national aspirations could not be more different. Yet, while Iraqi Kurds may have destroyed in the short-term what they built in almost three decades of autonomy with an ill-advised referendum on independence in September 2017, at least Iraqi and Syrian Kurds could in the middle-term be closer to some form of sustainable self-rule, if not independence, than immediately meets the eye.

By contrast, with Trump backing Israel to the hilt, symbolized by his unilateral recognition of Jerusalem as the capital of the Jewish state, Palestinians are groping for an alternative framework for peace negotiations and tiptoeing around the possibility of a new uprising or Intifada that the last time round at the turn from the 20th to the 21st century had a devastating effect on them.

A region in transition

Working in the favour of both Kurds and Palestinians is the fact that they live in a region that has been in volatile and violent transition since the Arab popular revolts of 2011. That transition is likely to continue for years, if not a quarter of a century, before the battles between forces of change and counterrevolution and complicating regional rivalries have battled it out and the fallout of the outcome of those struggles settles in.

As Kurds contemplate the future, they have the advantage in contrast to the Palestinians, that the transition calls into question the future political structure of Syria and Iraq, if not their existence as nation-states within their post-colonial borders. Similarly, the nature of the regime in Syria is likely to change with the contested future of President Bashar al-Assad while the prospects of Iraq’s democratically elected, Shiite-dominated government are in flux as it struggles to ensure that the country’s Sunni minority maintains a stake in a unified Iraq and address Kurdish aspirations. In Turkey, too, President Recep Tayyip Erdogan’s ambition to remain in power at least until his country celebrates its 100th anniversary in 2023 is certain to encounter headwinds.

Kurdish hopes are often vested in predictions articulated by former CIA and National Security Agency director Michael Hayden that “Iraq no longer exists, Syria no longer exists” as well as the disintegration of Yugoslavia and Czechoslovakia in the wake of the demise of communist rule. That remains a possibility but more realistic is the fact, at least in the immediate future, the Syrian and Iraqi states as they existed in the past are more likely to change rather than dissolve. The lesson of the 2017 Iraqi Kurdish referendum and the fact that the Iraqi state has already demonstrated resilience in surviving and its Syrian counterpart may well do so too, means that Kurds will have to strive for some autonomous accommodation within a federal structure.

Another lesson the referendum and the wars in Syria and Iraq have taught the Kurds is that, despite having been close allies of the United States in multiple battles, including the fight against former Iraqi strongman Saddam Hussein and the Islamic State, they cannot count on the kind of support Washington has extended to Israel. That, however, may be less of a disadvantage than the obstacles Palestinians face as they counter a strong and entrenched Israeli state that despite widespread condemnation of its annexationist policies enjoys a network of strong international relationships even with those, like the Gulf states, who are unwilling to recognize it and establish formal diplomatic ties.

With the future of Syria and Iraq as nation states in question, Kurds ironically benefit from the fact that Turkish, Iraqi and Syrian constituencies are not striving for a unitary state carved out of Turkish, Syrian and Iraqi territory unlike the Palestinians who despite the split between Palestinian President Mahmoud Abbas’ Palestine Authority on the West Bank and Hamas in the Gaza Strip are seeking an independent entity that would encompass both territories. One consequence of that is the fact that Kurdish leaders in the various territories are less stymied by their differences than are the Palestinians whose leverage in potential negotiations and ability to marshal more than symbolic international support has been undermined by their inability to form a united front.

It has also made them more vulnerable to the machinations and manipulations of external players such as Iran, Qatar, Egypt, and the United Arab Emirates. Encouraged by the UAE and Egypt controversial Abu Dhabi-based former security chief Mohammed Dahlan is weighing a return to Palestinian politics and challenge to Abbas either by forming a party of his own or joining Hamas in governing Gaza as part of national salvation government.

Playing ball with Syria

Syrian Kurds are likely to benefit from the fact that decentralization will probably be Syria’s best bet to ensure its territorial integrity once the guns fall silent. That would enable Kurds to claim enhanced powers in purely Kurdish areas, strengthen their demand that Syria identify itself as a republic rather than an Arab republic, create the basis for the children of minorities to be educate in their mother tongue in both Kurdish-majority regions as well as in Kurdish neighbourhoods of major Syrian cities, and allow for an equitable distribution of oil export revenues. Syrian Kurds stressed the centrality of the revenues by declaring in 2016 their autonomous federal region at a gathering in Rumeilan, the oil capital of northeast Syria, rather than  Qamishli, their de-facto capital.

In some ways, the building blocks for autonomy are starker in Syrian Kurdish areas than in Iraqi Kurdistan. The differences in law enforcement, the administration of utilities and social services, and economic policy in Kurdish areas and those parts of Syria controlled by the Assad government are greater than in Iraq.

The regional Kurdish authority has promulgated laws, including a quasi-constitution dubbed ‘Rojava’s social contract;’ created agencies to license and administer investments, education, and media; founded the region’s first university; created a system for the sharing of economic resources; laid plans for an independent central bank, and witnessed the emergence of a broad network of non-governmental associations. Notionally Damascus retained a presence in the regional area by maintaining its monopoly on the issuing of civil record documents such as birth, marriage, and death certificates, the paying of civil servant salaries, and its control of Qamishli Airport, the area’s main gateway.

Nevertheless, a generation of Syrian Kurdish children is being educated exclusively in Kurdish rather than also in Arabic. They are growing up with a notion of Syria as a hostile, foreign forces, that they have never visited. Kurdish children in Afrin are likely to have had their first encounter with Syrians in early 2018 when Syrian government forces entered the region in support of Kurdish forces fighting off military intervention by the Turkish military and Ankara-backed rebels. Ironically, Kurdish agreement to the Syrian entry could strengthen their bid for autonomy in a future federal arrangement. The agreement reportedly involves the declaration of a no-fly zone over Afrin, the establishment of Syrian military base, and put maintenance of a local administration in northern Syria and sharing natural resources and services on the table. Critics assert that those are conditions that the Assad government is likely to walk away from in the longer term.

To succeed in achieving sustainable autonomy, Syrian Kurds will have to endorse some combination involving and/or the relinquishing of non-Kurdish territory, particularly in areas once occupied by the Islamic state; loosen the ties of the US-backed People’s Protection Units (YPG) with the Kurdish Workers’ Party (PKK) that Turkey labels a terrorist organization; and align its local governance structures with those of Syria. This will likely involve a balancing of Kurdish, Turkish, and Syrian interests.

That could prove easier said than done particularly with Assad seeing the survival of his regime as well as that of his Alawite minority in Syria’s continued embrace of pan Arabism as a concept that includes “all ethnic groups, religions, and communities” and recognizes their contribution to the notion’s development. Assad see his country’s brutal war as an attempt to force Syria to abandon its own identity and kowtow to foreign powers or to become a society of “communities in conflict.” Speaking in late 2017, Assad asserted that “Arabism and national thinking have continuously been accused by their enemies of backwardness and of being old-fashioned in an age overwhelmed by globalization in order to turn us into tools to serve the interests of huge financial institutions led by the United States.”

Returning from the abyss

The Iraqi Kurds wasted their moment in history by falsely assuming that the United States would back their quest for independence based on the September 2017 referendum. Instead it will take the Iraqi Kurds time to heal their internal divisions stemming from one faction allowing the Iraqi military to take unopposed control of the strategic city of Kirkuk and crawl back the degree of self-rule they had achieved under the umbrella of the United States. Iraqi Kurds are still trying to come “to grips with the trauma caused by the abrupt change from a quasi-state status to that of an entity under threat of annihilation…  If Iraq’s history as a nation-state can be taken as a proof then the possibility of peaceful coexistence seems quite unrealistic.,” said scholar Ofra Bengio.

Negotiations are nevertheless likely to be the only way to achieve that. Both sides have incentives to engage in talks. Iraqi Prime Minister Haider al-Abadi’s military is weak despite its recapture of territory controlled by the Islamic State as well as Kirkuk and has a poor track record in retaining control of territories it has conquered. The threat of a military confrontation with the Kurds will moreover continue to exist as long the two sides fail to reach an agreement that is based on the country’s that recognized Kurdistan’s regional status and gave it a far-reaching degree of self-rule.

Similarly, Iraqi Kurdish leaders have little other choice given the fallout of the mis-guided referendum. External players like Turkey and Iran that were crucial in thwarting Iraqi Kurdish aspirations of independence would likely be supportive as long as Kurdistan remains an integral part of Iraq and Iraqi territorial integrity is guaranteed.

The key to successful negotiations is the elephant in the room: the future of what the constitution terms “disputed territories” that are rich in hydrocarbon resources, which in effect means agreement on the boundaries that separate the Kurdish region from the rest of Iraq.

Iraqi Kurdish leverage in negotiations is likely to be in part determined on whether the potential revival of Sunni-Shiite tensions will erase the sense of national urgency that existed in the three-year struggle against the Islamic State. The jury is still out on whether the local administration that controls Mosul, Iraq’s second largest city, will succeed in taking into full account the interests of the Sunnis and ending their sense of alienation. To do so, the government in Baghdad will have to secure the resources to rebuild the shattered city and help its traumatised population – something it has failed to effectively do in the past.

To be sure, Abadi, unlike Assad in Syria, has shown himself to be more sensitive and inclusive. Yet, crucial to the Kurds, is the underlying question of whether Abadi’s inclusiveness will succeed in putting the Iraqi nation state’s core problem, the inability to create a deeply rooted national identity, behind it.

Nonetheless, while it remains likely that the Kurdish-Iraqi standoff will continue without a renewed eruption of hostilities for some time to come, the question is for how long,” “The fractious nature of Iraqi politics inherently works against compromise. In Baghdad, a united front for compromise is almost impossible to achieve. As such, brave or original ideas are easily undercut by opponents who will resort to the lowest common denominator: a unitary Iraqi nationalism. This is the surest way to discredit any conciliatory move on the Kurdish issue… Even if (the current crisis) ends with a return to a mildly reshuffled form of the status quo ante, Arab Iraqis would be sorely mistaken if they celebrate this as an Iraqi triumph: it would be a completely Pyrrhic victory that merely intensifies the mutual mistrust and delays confrontation,” warned Iraq scholar Fanar Haddad.

Regional imbroglio

The various Kurdish struggles risk becoming pawns in the Middle East fundamental rivalries between Saudi Arabia and Iran and the Gulf crisis that pits a UAE-Saudi-led alliance against Qatar that is backed by Turkey and Iran. Turkey has already alleged that the Emirates, the kingdom and Egypt are supporting the PKK. Yeni Safak, a newspaper closely aligned with Erdogan’s ruling Justice and Development Party (AKP), charged that a $1 billion Saudi contribution to the reconstruction of Raqqa, the now partly Syrian Kurdish-controlled former capital of the Islamic State, was evidence of the kingdom’s involvement in what it termed a “dirty game.”

Similarly, Iran reported increased insurgent activity in majority-Kurdish region, asserting that Saudi Arabia was supporting it as part of a bid to destabilize the Islamic republic. Iran’s Intelligence Ministry said it had recently seized two large caches of weapons and explosives in separate operations in Kurdish areas in the west of the country and a Baloch region on the eastern border with Pakistan. It said the Kurdish cache seized in the town of Marivan included bomb-making material, electronic detonators, and rocket propelled grenades while the one in the east contained two dozen remote-controlled bombs. Saudi Arabia’s powerful crown prince, Mohammed bin Salman vowed last year that the battle between his kingdom and the Islamic republic would be fought “inside Iran, not in Saudi Arabia.”

Compared to the Kurds, Palestinians have the advantage that they confront one rather than multiple states even if stability in Israel and US backing for hard-line Israeli positions is beyond doubt. The Kurds may however discover that the greater complexity of their struggle could turn out to be an advantage provided they are able to play their cards right.

This story was originally published in Europa Ethnica, Vol. ½, 2018

Dr. James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, co-director of the University of Würzburg’s Institute for Fan Culture, and the author of The Turbulent World of Middle East Soccer blog, a book with the same title, Comparative Political Transitions between Southeast Asia and the Middle East and North Africa, co-authored with Dr. Teresita Cruz-Del Rosario and three forthcoming books, Shifting Sands, Essays on Sports and Politics in the Middle East and North Africaas well as Creating Frankenstein: The Saudi Export of Ultra-conservatism and China and the Middle East: Venturing into the Maelstrom.

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Middle East

Process to draft Syria constitution begins this week

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The process of drafting a new constitution for Syria will begin this week, the UN Special Envoy for the country, Geir Pedersen, said on Sunday at a press conference in Geneva.

Mr. Pedersen was speaking following a meeting with the government and opposition co-chairs of the Syrian Constitutional Committee, who have agreed to start the process for constitutional reform.

The members of its so-called “small body”, tasked with preparing and drafting the Constitution, are in the Swiss city for their sixth round of talks in two years, which begin on Monday. 

Their last meeting, held in January, ended without progress, and the UN envoy has been negotiating between the parties on a way forward.

“The two Co-Chairs now agree that we will not only prepare for constitutional reform, but we will prepare and start drafting for constitutional reform,” Mr. Pedersen told journalists.

“So, the new thing this week is that we will actually be starting a drafting process for constitutional reform in Syria.”

The UN continues to support efforts towards a Syrian-owned and led political solution to end more than a decade of war that has killed upwards of 350,000 people and left 13 million in need of humanitarian aid.

An important contribution

The Syrian Constitutional Committee was formed in 2019, comprising 150 men and women, with the Government, the opposition and civil society each nominating 50 people.

This larger group established the 45-member small body, which consists of 15 representatives from each of the three sectors.

For the first time ever, committee co-chairs Ahmad Kuzbari, the Syrian government representative, and Hadi al-Bahra, from the opposition side, met together with Mr. Pedersen on Sunday morning. 

He described it as “a substantial and frank discussion on how we are to proceed with the constitutional reform and indeed in detail how we are planning for the week ahead of us.”

Mr. Pedersen told journalists that while the Syrian Constitutional Committee is an important contribution to the political process, “the committee in itself will not be able to solve the Syrian crisis, so we need to come together, with serious work, on the Constitutional Committee, but also address the other aspects of the Syrian crisis.”

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North Africa: Is Algeria Weaponizing Airspace and Natural Gas?

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In a series of shocking and unintelligible decisions, the Algerian Government closed its airspace to Moroccan military and civilian aircraft on September 22, 2021, banned French military planes from using its airspace on October 3rd, and decided not to renew the contract relative to the Maghreb-Europe gas pipeline, which goes through Morocco and has been up and running since 1996–a contract that comes to end on October 31.

In the case of Morocco, Algeria advanced ‘provocations and hostile’ actions as a reason to shut airspace and end the pipeline contract, a claim that has yet to be substantiated with evidence. Whereas in the case of France, Algeria got angry regarding visa restrictions and comments by French President Emmanuel Macron on the Algerian military grip on power and whether the North African country was a nation prior to French colonization in 1830.

Tensions for decades

Algeria has had continued tensions with Morocco for decades, over border issues and over the Western Sahara, a territory claimed by Morocco as part of its historical territorial unity, but contested by Algeria which supports an alleged liberation movement that desperately fights for independence since the 1970s.

With France, the relation is even more complex and plagued with memories of colonial exactions and liberation and post-colonial traumas, passions and injuries. France and Algeria have therefore developed, over the post-independence decades, a love-hate attitude that quite often mars otherwise strong economic and social relations.

Algeria has often reacted to the two countries’ alleged ‘misbehavior’ by closing borders –as is the case with Morocco since 1994—or calling its ambassadors for consultations, or even cutting diplomatic relations, as just happened in August when it cut ties with its western neighbor.

But it is the first-time Algeria resorts to the weaponization of energy and airspace. “Weaponization” is a term used in geostrategy to mean the use of goods and commodities, that are mainly destined for civilian use and are beneficial for international trade and the welfare of nations, for geostrategic, political and even military gains. As such “weaponization” is contrary to the spirit of free trade, open borders, and solidarity among nations, values that are at the core of common international action and positive globalization.

What happened?

Some observers advance continued domestic political and social unrest in Algeria, whereby thousands of Algerians have been taking to the streets for years to demand regime-change and profound political and economic reforms. Instead of positively responding to the demands of Algerians, the government is probably looking for desperate ways to divert attention and cerate foreign enemies as sources of domestic woes. Morocco and France qualify perfectly for the role of national scapegoats.

It may be true also that in the case of Morocco, Algeria is getting nervous at its seeing its Western neighbor become a main trade and investment partner in Africa, a role it can levy to develop diplomatic clout regarding the Western Sahara issue. Algeria has been looking for ways to curb Morocco’s growing influence in Africa for years. A pro-Algerian German expert, by the name of Isabelle Werenfels, a senior fellow in the German Institute for International and Security Affairs, even recommended to the EU to put a halt to Morocco’s pace and economic clout so that Algeria could catch up. Weaponization may be a desperate attempt to hurt the Moroccan economy and curb its dynamism, especially in Africa.

The impact of Algeria’s weaponization of energy and airspace on the Moroccan economy is minimal and on French military presence in Mali is close to insignificant; however, it shows how far a country that has failed to administer the right reforms and to transfer power to democratically elected civilians can go.

In a region, that is beleaguered by threats and challenges of terrorism, organized crime, youth bulge, illegal migration and climate change, you would expect countries like Algeria, with its geographic extension and oil wealth, to be a beacon of peace and cooperation. Weaponization in international relations is inacceptable as it reminds us of an age when bullying and blackmail between nations, was the norm. The people of the two countries, which share the same history, language and ethnic fabric, will need natural gas and unrestricted travel to prosper and grow and overcome adversity; using energy and airspace as weapons is at odds with the dreams of millions of young people in Algeria and Morocco that aspire for a brighter future in an otherwise gloomy economic landscape. Please don’t shatter those dreams!

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Middle East

Breaking The Line of the Israel-Palestine Conflict

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The conflict between Israel-Palestine is a prolonged conflict and has become a major problem, especially in the Middle East region.

A series of ceasefires and peace negotiations between Israel and Palestine that occurred repeatedly did not really “normalize” the relationship between the two parties.

In order to end the conflict, a number of parties consider that the two-state solution is the best approach to create two independent and coexistent states. Although a number of other parties disagreed with the proposal, and instead proposed a one-state solution, combining Israel, the West Bank, and the Gaza Strip into one big state.

Throughout the period of stalemate reaching an ideal solution, the construction and expansion of settlements carried out illegally by Israel in the Palestinian territories, especially the West Bank and East Jerusalem, also continued without stopping and actually made the prospect of resolving the Israeli-Palestinian crisis increasingly eroded, and this could jeopardize any solutions.

The attempted forced eviction in the Sheikh Jarrah district, which became one of the sources of the conflict in May 2021, for example, is an example of how Israel has designed a system to be able to change the demographics of its territory by continuing to annex or “occupy” extensively in the East Jerusalem area. This is also done in other areas, including the West Bank.

In fact, Israel’s “occupation” of the eastern part of Jerusalem which began at the end of the 1967 war, is an act that has never received international recognition.

This is also confirmed in a number of resolutions issued by the UN Security Council Numbers 242, 252, 267, 298, 476, 478, 672, 681, 692, 726, 799, 2334 and also United Nations General Assembly Resolutions Number 2253, 55/130, 60/104, 70/89, 71/96, A/72/L.11 and A/ES-10/L.22 and supported by the Advisory Opinion issued by the International Court of Justice (ICJ) in 2004 on Legal Consequences of The Construction of A Wall in The Occupied Palestine Territory which states that East Jerusalem is part of the Palestinian territories under Israeli “occupation”.

1 or 2 country solution

Back to the issue of the two-state solution or the one-state solution that the author mentioned earlier. The author considers that the one-state solution does not seem to be the right choice.

Facts on the ground show how Israel has implemented a policy of “apartheid” that is so harsh against Palestinians. so that the one-state solution will further legitimize the policy and make Israel more dominant. In addition, there is another consideration that cannot be ignored that Israel and Palestine are 2 parties with very different and conflicting political and cultural identities that are difficult to reconcile.

Meanwhile, the idea of ​​a two-state solution is an idea that is also difficult to implement. Because the idea still seems too abstract, especially on one thing that is very fundamental and becomes the core of the Israel-Palestine conflict, namely the “division” of territory between Israel and Palestine.

This is also what makes it difficult for Israel-Palestine to be able to break the line of conflict between them and repeatedly put them back into the status quo which is not a solution to the Israel-Palestine conflict.

The status quo, is in fact a way for Israel to continue to “annex” more Palestinian territories by establishing widespread and systematic illegal settlements in the West Bank and East Jerusalem. Today, more than 600,000 Israeli settlers now live in the West Bank and East Jerusalem.

In fact, a number of resolutions issued by the UN Security Council have explicitly and explicitly called for Israel to end the expansion of Israeli settlement construction in the occupied territory and require recognition of the sovereignty, territorial integrity and political independence of the region.

Thus, all efforts and actions of Israel both legislatively and administratively that can cause changes in the status and demographic composition in East Jerusalem and the West Bank must continue to be condemned. Because this is a violation of the provisions of international law.

Fundamental thing

To find a solution to the conflict, it is necessary to look back at the core of the conflict that the author has mentioned earlier, and the best way to resolve the Israeli-Palestinian conflict is to encourage Israel to immediately end the “occupation” that it began in 1967, and return the settlements to the pre-Islamic borders 1967 In accordance with UN Security Council resolution No. 242.

But the question is, who can stop the illegal Israeli settlements in the East Jerusalem and West Bank areas that violate the Palestinian territories?

In this condition, international political will is needed from countries in the world, to continue to urge Israel to comply with the provisions of international law, international humanitarian law, international human rights law and also the UN Security Council Resolutions.

At the same time, the international community must be able to encourage the United Nations, especially the United Nations Security Council, as the organ that has the main responsibility for maintaining and creating world peace and security based on Article 24 of the United Nations Charter to take constructive and effective steps in order to enforce all United Nations Resolutions, and dare to sanction violations committed by Israel, and also ensure that Palestinian rights are important to protect.

So, do not let this weak enforcement of international law become an external factor that also “perpetuates” the cycle of the Israel-Palestine conflict. It will demonstrate that John Austin was correct when he stated that international law is only positive morality and not real law.

And in the end, the most fundamental thing is that the blockade, illegal development, violence, and violations of international law must end. Because the ceasefire in the Israel-Palestine conflict is only a temporary solution to the conflict.

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