Statelessness & Citizenship Review
2019
1(2)
solution to statelessness, 44 it is essential that these notions be questioned.
Primarily, the idea of citizenship as a blanket solution is problematised when
considering citizenship as a broad sociological concept whereby formal legal
status alone does not guarantee effective protection. Furthermore, the need to
question the notion of the state as an emancipatory actor is particularly important
when considering the situation of stateless people. Although members of different
minority groups within a state may all be oppressed and excluded, it is crucial to
recognise that the ways in which they wish for this exclusion to be addressed may
differ. 45 This is not to suggest that stateless people necessarily seek the formation
of a sovereign state, but instead to argue that a desire for inclusion within the preexisting state cannot be assumed. When considering the context of struggles for
self-determination, not only is independence from the pre-existing state explicitly
sought, but the assumption of the state as an emancipatory actor could
paradoxically serve to legitimise ongoing oppression. By recognising the political
context in which statelessness takes place, coupled with the understanding of
citizenship as a broad sociological concept, it becomes clear that the inclusion
sought by stateless individuals or groups cannot necessarily be achieved through
citizenship of the state in question. Thus, exploring the role of citizenship in
addressing the Kurds’ situation requires that the analysis does not start from the
presumption of the pre-existing state as an emancipatory actor through granting
formal inclusion in state citizenship regimes.
The aim here is by no means to suggest that de jure stateless persons cannot be
oppressed by states. Rather, it is to recognise that both statelessness and
citizenship can be used as political tools, including as tools of oppression.
Citizenship regimes provide states with the power to (threaten to) deny citizenship
or to denationalise certain individuals or groups as well as to use its legitimacy to
govern in order to exploit citizens’ subjugation and dependency on the state. The
state’s power is further exacerbated through the tendency to prioritise the norm of
state sovereignty and thereby undermine efforts to protect human rights. 46 Within
contexts of human rights violations, citizenship acquisition ought therefore to be
understood as subjugation to a citizenship regime under the sovereign control of
the state and thereby as creating a basis by which the international community can
overlook human rights abuses. Thus, citizenship acquisition cannot be presumed
to create inclusion, as it can also enable different forms of exclusion of persons
and groups who are conceptualised as existing outside the boundaries of the
national community in question.
B
Citizenship in Turkey, Syria, Iraq and Iran
The notion of citizenship as deeply interrelated with dominant conceptualisations
of the nation is integral to considering the ways in which citizenship regimes in
Turkey, Syria, Iraq and Iran shape the processes of inclusion and exclusion of
Kurds. Although each nation state’s citizenship regime must be situated within its
appropriate historical context, Barzoo Eliassi argues that citizenship is, in each of
44
45
46
Bloom, Tonkiss and Cole, ‘Providing a Framework for Understanding Statelessness’ (n 8) 2;
Lindsey Kingston, ‘Statelessness as a Lack of Functioning Citizenship’ (2014) 19(1–2)
Tilburg Law Review 132–23. See also Bloom, ‘Members of Colonised Groups, Statelessness
and the Right to Have Rights’ (n 12) 154.
See Bloom, ‘Members of Colonised Groups, Statelessness and the Right to Have Rights’ (n
12) 153–54.
Kahler (n 15).
290