Implications of legal identity documentation issued by the Kurdish-led Self Administration in Northern Syria: competition and compromise with the central state

ABSTRACT

More than a decade of multi-actor conflict in Syria has resulted in a complex patchwork of legal identity documentation issued by state and non-state actors. This paper considers the legal identity practices pursued by the Kurdish-led Self Administration governing large swathes of territory in the north of the country. Specifically, the paper studies the forms of identity documentation the Self Administration does and does not provide to people present under its control. Beyond this, the paper focuses on how this system coexists with that of the central state, reflective of the Self Administration’s broader approach of compromise combined with competition, to operate as a de facto authority respecting the overall sovereignty, yet challenging specific policies, of the central state. Against the backdrop of somewhat contradictory accusations of collaborating with the Syrian government and simultaneously seeking independence from it, the Self Administration has refrained from mimicking the state while expanding its own de facto ‘jurisdictional subjecthood’. Practices of legal identity consequently help to elucidate necessary nuance in understanding the relations between the Self Administration and the government in Damascus.

KEYWORDS:

• Damascus-Self Administration relations
• non-state jurisdiction
• coexistence
• civil documentation
• Rojava
• rebel governance
• democratic confederalism
• law

Acknowledgments

I would like to thank Ramesh Ganohariti for the insightful comments he provided on an earlier version of this paper, alongside those of the two anonymous reviewers. Additionally, I am grateful to Majdi Bido and Mohammed Ibrahim (Shino) for their insights to improve the quality of this paper.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. As with much of the literature on nationality and statelessness issues, within this paper I employ the terms ‘nationality’ and ‘citizenship’ interchangeably to refer to the formal legal bond between (the Syrian) state and (its) citizens. See for instance (Adjami and Harrington 2008; Belton 2011; Gibney 2014). While Von Rütte has noted that conceptual distinctions between the two terms do exist and differ ‘depending on the discipline, legal tradition and language’ (2022, 12), these technical differences are not pertinent to the discussion within this paper.

2. The Self Administration is currently also known as the Autonomous Administration of North and East Syria (AANES). It should be noted that various nomenclature have been used for this evolving project. For simplicity’s sake, I refer to the Kurdish-led Self Administration to cover the governance system in its changing formulations over time.

3. The PYD-PKK relationship has been operationally complex, especially since the latter is considered as a terrorist group by the United States and European Union (Kaya and Lowe 2016).

4. This was the date that the PYD and its military wing, the People’s Defense Units (Yekîneyên Parastina Gel, YPG) took control of Kobanî (canton). This was followed by takeovers in Afrin and Jazeera also. NB: The ‘Rojava Revolution’ is also known as şoreşa 19ê tîrmehê (the 19th July Revolution).

5. For more on the complex dynamics, including shared tactical interest and divergent ideology, within the US-SDF partnership, see (Knights and van Wilgenburg 2021).

6. The preamble of the Social Contract, the Self Administration’s foundational document (discussed further below), clearly states its respect for Syria’s established national borders.

7. This was first adopted for the three cantons of Afrin, Kobani and Jazira in 2014 as the Charter of the social contract in Rojava (Syria) https://pydrojava.org/%D9%85%D9%8A%D8%AB%D8%A7%D9%82-%D8%A7%D9%84%D8%B9%D9%82%D8%AF-%D8%A7%D9%84%D8%A7%D8%AC%D8%AA%D9%85%D8%A7%D8%B9%D9%8A. It has since been updated, most recently in December 2023.

8. This translation, and that of all legal texts referenced in this article, is the author’s own unless otherwise stated.

9. It should be noted that, despite these positive steps, stateless Kurds in the Self Administration areas are still sometimes unable to access money transfers (hawala payments) and may be excluded from subsidised food and winter fuel programmes as in practice staff responsible for such transactions/distributions often ask for presentation of Syrian government documents (Author interview with Kurdish journalist, January 2024).

10. All males unless otherwise exempt between the ages of 18 and 30 are required to serve in the Self Defense Forces. Exemption conditions and period of mandatory service have varied over the years (partly due to military expediency), yet broadly speaking it is necessary to serve for at least a year.

11. The Law of the Communal Living Contract was issued on 20 February 2014 by the Municipalities Development Centre in cooperation with the Women’s Council, and entered into force on 5 March 2014. It has since been standardised across all territories under Self Administration rule. ‘Communal Living’ is the rough translation for al-hayat al-nadiya al-mushtaraka, which is an integral part of the philosophy underpinning the Self Administration’s approach to social affairs.

12. Farooq Haji Mustafa, Editor in Chief of Berçav, Facebook post, 6 April 2015.