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The Double Minority Penalty? Ethnicity, Sect and the Criminalisation of Border Livelihoods in Iran

This paper argues that Iran's Kurdish Sunni borderlands experience a "double minority penalty" and "state-produced illegality," where constitutional Shia dominance and restrictive economic policies transform ordinary survival strategies like *kolbari* into criminalized acts, thereby justifying lethal state coercion against these marginalized communities.

Original authors: Hamoon Khelghat-Doost

Published 2026-07-25
📖 6 min read🧠 Deep dive

Original authors: Hamoon Khelghat-Doost

Original paper licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). This is an AI-generated explanation of the paper below. It is not written or endorsed by the authors. For technical accuracy, refer to the original paper. Read full disclaimer

The Map, The Gate, and The Backpack

Imagine a giant, complex machine called a "State." Its job is to keep things running, make laws, and decide who gets to work in its offices and who gets to build its roads. Usually, when we study how this machine treats different groups of people, we look at Western countries. There, the machine's bias is often hidden; we have to guess why some groups are treated worse by looking at the messy results at the end, like who gets arrested or who stays poor. But sometimes, the machine's bias isn't hidden at all. Sometimes, it's written right into the instruction manual, the Constitution, in big, bold letters. This paper steps into a part of the world where that manual is very loud and very specific: the borderlands of western Iran.

To understand the story, you need three simple ideas. First, think of "peripheralisation" as being stuck in the back of the bus. It's when a region is far away from the capital, gets less money for schools and roads, and is treated like a distant, forgotten outpost. Second, imagine "securitisation" as putting a giant, invisible fence around a neighborhood. It's when the government treats a whole area not as a place for people to live, but as a potential battlefield, filling it with soldiers and checkpoints. Finally, there's "criminalisation," which is like a game where the rules change while you're playing. If the government stops you from doing a job legally, but you still do it to survive, they can suddenly call it a crime. This paper asks a big question: What happens when a group of people gets hit by all three of these forces at once?

The Double Penalty and the Backpackers

This paper investigates a heartbreaking reality in Iran's western mountains, where thousands of people, known as kolbars, carry heavy loads on their backs across treacherous passes to survive. They carry everything from refrigerators to tires, walking through minefields and freezing cold. But the biggest danger to them isn't the weather or the rocks; it's the guns of the border guards. The author, Hamoon Khelghat-Doost, wants to know why the state shoots at these unarmed porters so often. The answer isn't just that they are poor or that they live near a border. It's a specific, cruel combination of two things: being Kurdish and being Sunni Muslim.

The paper introduces a concept called the "Double Minority Penalty." Imagine you are playing a board game where the rules are stacked against you. First, because you are Kurdish, the game board is tilted. Your region gets less money, fewer jobs, and is watched closely by the military because the government sees your ethnicity as a security risk. This is the first penalty. But then, there's a second penalty. The game's rulebook (the Constitution) says that the most important positions—like the President or top government jobs—must be held by people who follow a specific version of Islam (Shia). Since most Kurds in this region are Sunni, they are hit with a second, invisible wall. They can't get the best government jobs, even if they are qualified.

The paper argues that this isn't just "two bad things happening at once." It's a special kind of trap. The government treats a Sunni Kurd not just as a "Kurd" and not just as a "Sunni," but as a specific, suspicious type of person who is doubly dangerous. This leads to a situation where these communities have almost no legal way to make a living.

This brings us to the second big idea: "State-Produced Illegality." Think of this like a game of "Red Light, Green Light" where the referee suddenly decides that walking is now a crime. Because the government has blocked the Kurds from getting good jobs and has made it very hard to trade goods legally across the border, the only way for families to survive is to carry goods on their backs. The state calls this "smuggling" and punishes it with violence. The paper suggests that the state creates the crime by closing the legal doors, and then uses the fact that people are breaking the rules to justify shooting them. It's a vicious cycle: the state pushes people into poverty, calls their survival a crime, and then uses that "crime" to justify more military force.

The author is careful not to say that poverty automatically turns people into violent rebels. In fact, the paper points out that most of these people just want to survive and keep their families safe; they aren't looking for a fight. However, the constant violence and the feeling that the system is rigged against them make it easier for angry voices to say, "The state is our enemy." The paper suggests that the violence isn't a natural reaction to being poor; it's a reaction to a system that is designed to exclude them.

What the Paper Rules Out and What It Finds

The author is very smart about what they don't say. They explicitly rule out the idea that all Kurds are the same. They show that Shia Kurds (who follow the state's official religion) still suffer from being Kurdish and living in a poor border region, but they don't suffer the second penalty of being blocked from government jobs because of their religion. This proves that the "Double Penalty" is real: it's the mix of ethnicity and religion that creates the worst outcome.

The paper also rejects the idea that the violence is just about protecting the economy or stopping "real" criminals. The people being shot are carrying household items like tea and tires, not weapons. The author suggests that the government uses these porters as a way to control the whole region, treating the entire population as a threat.

So, what is the final verdict? The paper doesn't claim to have a magic number that proves everything with 100% certainty, because the government doesn't release the right data. Instead, it pieces together a strong puzzle using human rights reports, economic data, and laws. It finds that the pattern of violence and poverty fits perfectly with the idea of a "Double Minority Penalty" and "State-Produced Illegality." It suggests that the state is using the criminalization of survival to maintain control over a specific group of people. The solution, the paper hints, isn't just to stop the shooting, but to open the legal doors so that survival doesn't have to be a crime in the first place. The story is a reminder that sometimes, the most dangerous thing a government can do is to make its own people's survival illegal.

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