University:
University College London
Course:
LAWS0014 | European Union Law
Academic year:

2024
Views:

490

Pages:

2
Author:

Namira A.

Kurdish Refugees and Their Struggle for Self-determination Historical And Political Context Let see how the Kurds were denied Statehood and self-determination. Who Are The Kurds? - Distinct people with distinct culture and language - Denied their Statehood by Allies after the Treaty of Lausanne (1923) - About 40 million: largest stateless ethnic minority Discrimination 1. Accessing citizenship 2. Speaking their own language 3. Socio-economic rights: access to education, housing and employment 4. Kurdish political parties largely banned 5. Statehood remains at the heart of political aspirations Statelessness: Is International Law The Answer? Gaps and Eurocentric presuppositions in the international law. Statelessness in International Law  1954 Convention: a person who is 'not considered as a national by any State under the operation of its law'  1961 Convention: prohibits arbitrary deprivation of citizenship + discrimination in nationality law  Academic literature statelessness as 'a legal anomaly' UNHCR's 'I Belong' Campaign  Campaign for States to ratify the 1954 and 1961 UN Conventions on Statelessness  No provision to address colonial legacies  No provision about the lack of Statehood Exclusion From Refugee Status Under Article 1F Anti-colonial resistance and membership to a terrorist organization Article 1F: Exclusion from Refugee Status 'The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: a) He has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; b) He has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; c) He has been guilty of acts contrary to the purposes and principles of the United Nations' Article 1F and Terrorism  No universally agreed definition of terrorism  Requires a low standard of proof  Sole membership to a terrorist organization is not enough: need to prove 'individual responsibility' in committing an excludable act: B and D [2010] CJEU  Ex: An asylum-seeker who joined the PKK as a minor and only took part in 'minor' acts for the organization: MH (Syria) v SSHD [2009] EWCA Conclusion  Eurocentric origins and roots of international law makes it inadequate  Interpretation and implementation need to be reviewed  International law is not the answer; it is part of the problem