‘People without a State Also Must Live’
statelessness to be at the forefront of the analysis and conclusions developed,
regardless of the degree of consistency with dominant understandings of these
terms. This is especially important considering that the term Kurdistan is
envisioned in different ways among the participants — such as whether it includes
all four regions, or as a geopolitical reality in Iraq — and thus shapes how
citizenship, nationality and statelessness are conceptualised. The study seeks to
problematise the dominant conceptualisations of citizenship and statelessness as
they overlook more nuanced conceptualisations of citizenship and statelessness
held by, among others, many Kurds. 79 In order to explore this the concepts of
citizenship and statelessness are approached phenomenologically, allowing for the
narratives of individuals to be appropriately considered. This then allows for
participants’ narratives to be considered in light of dominant understandings of
citizenship and statelessness and for the tension between these two conceptions,
and its effect, to be analysed.
CITIZENSHIP: A CERTIFICATE TO ‘EXIST IN THE GIVEN WORLD’
Within the participants’ narratives, differentiation and inequalities within
citizenship regimes are discussed but, on several occasions, situated in relation to
an actual or hypothetical status of non-citizenship. One participant from
Kurdistan-Syria positioned his thoughts on Syrian citizenship within the historical
context of the denationalisation of around 20% of Syrian Kurds in 1962.80
Situating his own experiences within this context, he expresses:
For me, I had citizenship. I wasn’t stripped of my citizenship because I lived in
Afrin and mainly people from the north-east of Syria were stripped of their
citizenship. But what I have seen and heard from people is that people couldn’t do
anything, anything. They went to school and they had final exams and they couldn’t
go to university because they didn’t have any records. Having citizenship enabled
me to study and go to university in Aleppo … For me personally it was good to
have it to be able to do many things, to go to university, but on the other hand it
was awful. 81
The 29-year-old participant echoes the notion of individuals’ formal legal
citizenship status as increasingly forming the basis upon which human rights are
granted. 82 The demarcation in access to human rights between citizens and noncitizens is made starkly visible in the context of Kurds in Syria through the
disparity in access to rights between the Kurdish de jure stateless population and
Kurds recognised as Syrian citizens. 83 It is through recognising the sovereign
rights of states, afforded through the international state system, to determine the
criteria for citizenship, coupled with states’ role in ensuring human rights, that
individuals become dependent on state recognition in order to be able to access
their human rights. 84 Thus, the notion of the state as an emancipatory actor and
citizenship as a solution to statelessness ought to be problematised. It can only be
appropriately grappled with once the individual’s dependency on state citizenship
79
80
81
82
83
84
Eliassi, ‘Statelessness in a World of Nation-States’ (n 5); McGee (n 18); Tas (n 10).
Tas (n 10) 45.
Interview with 29-year-old man (Kurdistan-Syria).
Hayden (n 10) 252.
Maureen Lynch and Perveen Ali, Buried Alive: Stateless Kurds in Syria (Report, Refugees
International 2006) 1–2.
Hayden (n 12) 253.
295