scholarly journals “Free Kurdistan”: Difficult Road to Self-Determination (1970s — XXI Century)

2021 ◽  
pp. 328-342
Author(s):  
E. G. Vartanyan
Keyword(s):  
Self Determination ◽  
Autonomous Region ◽  
Iraqi War ◽  
Iraqi Kurdistan ◽  
National Movement ◽  
Legal Precedent ◽  
The Government ◽  
The Right ◽  
International Character ◽  
Difficult Road

The period of the struggle of South (Iraqi) Kurdistan for self-determination, namely such events as its transformation into the center of the Kurdish national movement in the Middle East and the proclamation of the Kurdish Autonomous Region (KAR) in 1974 is considered. The creation of a legal precedent, which has acquired an international character, is commented on. The recognition by the Iraqi government of the right of the Kurds to territorial autonomy is assessed as an undoubted success of the national movement of the Kurdish minority. It is noted that the development of the draft of Interim Constitution was preceded by a long discussion between Shiite Arabs, Sunni Arabs and Kurds on the future administrative structure of the country. It is shown that the Baathist regime was not going to solve the Kurdish problem in the country on a truly democratic basis, but only created the appearance of a solution to the issue in order to remove internal and international tensions. The author dwells on the repressive measures of the government of Saddam Hussein against the Kurds. The mass character of repressive measures during the Iranian-Iraqi war of 1980—1988 is emphasized.

The Limits of Self-Determination: The Case of the Katanga Secession

1962 ◽  
Vol 56 (2) ◽  
pp. 404-416 ◽  
Author(s):  
René Lemarchand
Keyword(s):  
The United States ◽  
Self Determination ◽  
United States Government ◽  
Small States ◽  
The World ◽  
States Government ◽  
Republic Of The Congo ◽  
The Republic ◽  
The Government ◽  
The Right

Not the least paradoxical aspect of the United Nations mandate in the Congo, as described in the three-power resolution adopted by the Security Council on November 24, 1961, is that it was designed to prevent the exercise of a right which is explicitly recognized by the Charter. In effect, by “completely rejecting the claim of the Katanga as a sovereign independent Nation” and “recognizing the government of the Republic of the Congo as exclusively responsible for the conduct of the external affairs of the Congo,” the authors of the resolution clearly denied the provincial authorities of the Katanga the right to self-determination. Similarly, the support given by the United States government to the resolution, reaffirmed in several official statements, seems hardly compatible with our long-standing moral commitment to the Wilsonian principle that “the small states of the world have a right to enjoy the same respect for their sovereignty and territorial integrity that the great and powerful states expect and insist upon.” Actually, what may at first sight appear to be a sign of inconsistency is rather a reflection of the fundamental ambiguity in the concept of self-determination.

scholarly journals India's Third Gender and Visual Politics

2021 ◽  
Vol 1 (1) ◽  
pp. 89-96
Author(s):  
Sami Siva
Keyword(s):  
Visual Analysis ◽  
Transgender Women ◽  
Social Conditions ◽  
Self Determination ◽  
Religious Rituals ◽  
Visual Politics ◽  
Third Gender ◽  
The Government ◽  
The Right ◽  
Official Recognition

Despite the Government of India’s official recognition of “third gender” in 2014, the right to gender self-determination remains contested. Over one million transgender women in the country face discrimination and continue to live on the fringes of society. Discrimination and stigma force them to resort to prostitution, begging on city streets, and performing at village festivals. While transgender women are venerated during religious rituals and festivals, they are excluded from employment and higher education. This article outlines the cultural and social conditions facing the trans community in India, as well as the illiberal attitudes of society toward it, through the prism of visual analysis.

scholarly journals Right to Self-determination: Iraqi Kurdistan Region and Kosovo as A Case Study

Twejer ◽  
2020 ◽  
Vol 3 (3) ◽  
pp. 1033-1074
Author(s):  
Sanh Shareef Qader ◽  
Keyword(s):  
Federal Government ◽  
Historical Review ◽  
Self Determination ◽  
Main Role ◽  
Kurdistan Region ◽  
Secondary Sources ◽  
Iraqi Kurdistan ◽  
Library Research ◽  
Precise Analysis ◽  
The Right

The Iraqi Kurdistan region and Kosovo have their own struggles in exercising their right to self-determination. Both regions became victims as a result of trying to achieve independence. However, Kosovo's independence was successful, while the Kurdistan region's attempt for independence was not. It must be assumed that there must be reasons for the failure of independence in the Iraqi Kurdistan region, as well as Kosovo's successful independence. The international community's interests, in both cases, have to be explored as well. In other words, what are the reasons for the failure of the Kurdistan region's independence and the success of Kosovo independence? Further, this paper aims at defining self-determination and then providing a historical review of the Iraqi Kurdistan region, Kosovo's struggle for achieving the right to self-determination, and also a precise analysis of both cases. The methodology used in this paper is pure library research; focusing mainly on secondary sources. This paper legally recommends that the KRG must try to negotiate with the Iraqi federal government following a bilateral agreement under the supervision of international mediation whereby the Kurdistan region can have the right to secede when a constitutional violation is taken place by the federal government. Kurdistan region must review its relations with all international actors, which play a main role in the Middle East and make a lobby group by including separatists groups and other Kurds who live abroad to gather support for its independence in the future. Keywords: Self-Determination, Kurdish Autonomy, Iraqi Kurdistan Region, Kosovo and Serbia, International Community.

The Right to Self-Determination under the Ethiopian Constitution: A Legal Tool for Indigenous Peoples’ Protection against Land Alienation?

2019 ◽  
Vol 63 (3) ◽  
pp. 359-383
Author(s):  
Tilahun Weldie Hindeya
Keyword(s):  
Decision Making ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Self Determination ◽  
Land Resources ◽  
Discretionary Power ◽  
The People ◽  
Constitutional Right ◽  
The Government ◽  
The Right

AbstractSince 2008 the Ethiopian government has allocated vast tracts of land, particularly in the Gambella and Benishangul-Gumuz regions, to agricultural commercial actors with little or no participation from indigenous communities. The marginalization of indigenous peoples in this process primarily emerges from the government's very wide legislative discretionary power regarding decision-making in the exploitation of land. The government has invoked constitutional clauses relating to land ownership and its power to deploy land resources for the “common benefit” of the people, to assert the consistency of this discretionary power with the Ethiopian Constitution. This article posits that the legislative and practical measures taken by the government that marginalize these indigenous peoples in decisions affecting the utilization of land resources are incompatible with their constitutional right to self-determination. Further, it posits that the government's use of the constitution to justify its wide discretionary power in the decision-making process relating to land exploitation is based on a misreading of the constitution.

scholarly journals Filipino Muslims and Issues of Governance in the Philippines: Some Thoughts by a Local Practitioner

ICR Journal ◽  
2010 ◽  
Vol 2 (1) ◽  
pp. 145-155
Author(s):  
Datu Michael O. Mastura
Keyword(s):  
Political Culture ◽  
International Law ◽  
The Philippines ◽  
Self Determination ◽  
Law Reform ◽  
Peace Negotiations ◽  
Nation States ◽  
The Government ◽  
The Right ◽  
Constitutional Regime

This article adopts the general theme of governance to provide an institutional framework for law reform and constitutional regime. To look into the political culture and religion of Filipinos is to ask why there is much reliance on law with an internal dynamics of hostility to all things religious in public life. The author employs the democracy argument to raise asymmetrical issues in a constitutional regime within the context of ‘the national state’ rather than problematise it as a majority versus minority relation. This makes it possible, for instance, to consider the Bangsamoro in the Philippines as a ‘people’ in legal terms and in reference to ‘state-nations’ instead of ‘nation-states’. The author also treats the dimension of international law regarding the right to self-determination with respect to the current peace negotiations between the government of the Philippines and armed non-state actors (MILF and MNLF). One might not necessarily agree with all that is stated in this contribution, which is intended to be an essay rather than a scholarly paper, but, nevertheless, it grants some insights into the mindset of contemporary Muslims in the Philippines.

Gorsk ASSR and Problems of National Self-Determination of Kabardin and Balkar Districts (1921-1922)

2020 ◽  
pp. 114-121
Author(s):  
Asker Zh. Shereuzhev
Keyword(s):  
State Building ◽  
Self Determination ◽  
Political Elites ◽  
Autonomous Region ◽  
History Of ◽  
The Right

The factors that contributed to the secession of the Kabardin and Balkar districts from the Gorsk ASSR and the formation of the Kabardino-Balkarian Autonomous Region on January 16, 1922 are considered. Attention is drawn to the fact that during this period in the history of Kabardino-Balkaria important administrative-territorial transformations took place and the foundations of state building, the result of which was the gradual exit first of Kabarda on September 1, 1921, and then of Balkaria on January 9, 1922 from the Mountain ASSR and the formation of the Kabardino-Balkarian Autonomous Region on January 16, 1922. The article considers the formation of a unified autonomy of Kabardino-Balkaria against the background of the struggle of representatives of the Kabardian and Balkarian political elites for the right to secede from the Gorsk ASSR and subsequent unification.

Exploring the Legality of the Constitutional and Independence Referendums in Nagorno-Karabakh under International Law

2020 ◽  
pp. 1-30
Author(s):  
Saeed Bagheri
Keyword(s):  
International Law ◽  
Self Determination ◽  
Territorial Integrity ◽  
Autonomous Region ◽  
The Third ◽  
The Republic ◽  
The Right

As a result of the constitutional referendum held on 20 February 2017 in the unrecognised Nagorno-Karabakh Republic, both the name and administration of the autonomous region of Nagorno-Karabakh changed. According to the new Constitution, adopted with an 87 per cent majority, Nagorno-Karabakh’s name is now the Republic of Artsakh, its Armenian name, and the system is changing from semi-presidential to presidential. This study discusses the legality of the referendum, the third since Nagorno-Karabakh was established in 1991; it evaluates the referendum in the context of the secession and the right to self-determination in international law. Having looked at similar cases, the article challenges the compatibility of all referenda held in the region with the uti possidetis juris principle and principle of territorial integrity under international law.

scholarly journals The Legitimacy of Bougainville Secession from Papua New Guinea

2021 ◽  
Vol 2 (1) ◽  
pp. 59-72
Author(s):  
Muhammad Sandy Ilmi
Keyword(s):  
Papua New Guinea ◽  
New Guinea ◽  
Coercive Measure ◽  
Autonomous Region ◽  
Protracted Conflict ◽  
Government Response ◽  
The Government ◽  
The Right ◽  
Papua New Guinean ◽  
The Normative Question

What started as a movement to demand a distributive justice in mining revenue in Bougainville, Papua New Guinea, the conflict turned into the struggle for secession. From 1970’s the demand for secession have been rife and despite early agreement for more autonomy and more mining revenue for the autonomous region, the demand never faded. Under Francis Ona’s Bougainville Revolutionary Army, the movement take a new heights. Bougainville Revolutionary Army took coercive measure to push the government to acknowledge their demands by taking over the mine at Panguna. Papua New Guinean government response was also combative and further exacerbate the issue. Papua New Guinean Defense Force involvement adding the issue of human rights into the discourse. This paper will seek to analyze the normative question surrounding the legitimacy of the right to secession in Bougainville Island. The protracted conflict has halted any form of development in the once the most prosperous province of Papua New Guinea and should Bougainville Island become independent, several challenges will be waiting for Bougainvilleans.

scholarly journals PROBLEMATIKA HAK MENENTUKAN NASIB SENDIRI: MENGURAI HUBUNGAN ANTARA REGULASI DAN KONFLIK SUMBER DAYA ALAM DI PAPUA

2015 ◽  
Vol 4 (2) ◽  
pp. 279
Author(s):  
Harison Citrawan
Keyword(s):  
Natural Resources ◽  
Self Determination ◽  
Mountainous Area ◽  
Efficient Management ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Exclusive Right ◽  
Optimal Protection

<p>Regulasi otonomi khusus di Papua mengindikasikan bahwa sistem pengelolaan sumber daya alam di Papua pada prinsipnya terbuka bagi publik, bukan hanya nasional namun juga internasional; tergantung pada pihak mana yang mampu menyajikan efisiensi dalam kompetisi pengelolaan. Persoalan muncul ketika regulasi yang berlaku tersebut belum mampu secara maksimal dioperasionalkan oleh pemerintah dalam meningkatkan taraf hidup masyarakat di Papua. Di lain pihak, situasi keamanan yang sangat rentan di daerah pegunungan Papua kerap menjadi kendala dalam optimalisasi perlindungan hak asasi manusia di Papua. Hal tersebut diperburuk dengan stigma negatif pelaksanaan hak menentukan nasib sendiri di Papua yang seringkali diasosiasikan dengan pemisahan diri dari teritori Republik Indonesia. Tulisan ini mengangkat permasalahan utama yakni hubungan antara artikulasi pemegang hak menentukan nasib sendiri, dengan regulasi pengelolaan masyarakat hukum adat atas sumber daya alam dalam konteks otonomi khusus di Papua. Dalam menganalisis data kualitatif yang dikumpulkan, penulis menggunakan pendekatan hak asasi manusia, khususnya hak menentukan nasib sendiri, terhadap regulasi dan fenomena konflik agraria yang terjadi di Papua. Analisis dengan pendekatan ini akan mencoba menggambarkan hubungan antara pemegang hak dengan pemangku kewajiban dalam konsep hukum hak asasi manusia. Adapun penulis menyimpulkan bahwa kegagalan pemerintah dalam mengakomodasi eksklusivitas hak masyarakat adat Papua berawal dari keruwetan dalam mengejawantahkan hak menentukan nasib sendiri masyarakat Papua ke dalam bentuk regulasi, mulai dari undang-undang sampai pada peraturan daerah khusus. Fakta tentang konflik sosial di sektor agraria dan sumber daya alam yang marak terjadi di Papua merupakan indikasi awal, bahwa diperlukan sebuah reposisi tentang pengaturan hak masyarakat adat dalam pengelolaan agraria dan sumber daya alam.</p><p>Special autonomy regulation in Papua indicates us that natural resources management at the area is in principle open for public both nationally and internationally, depending on which party is capable in providing an efficient management. The problems occurred when such regulations has yet to be operated by the government in enhancing locals living. On the other hand, a very vulnerable security situation around the mountainous area seems to hinder the optimal protection of people’s right in Papua. These conditions were exacerbated by negative stigma of the exercise of the right to self- determination in Papua, which mostly associated with seccession from the Republic. This article attempts to describe the relation between the articulations of right to self-determination holders andthe regulations regarding local management on natural resources in the context of special autonomy. The present author concludes that the failure in acommodating the exclusive right of the Papuans was caused by the complication in translating right to self-determination of the Papuans into regulations, from undang-undang (acts) up to peraturan daerah khusus (special autonomy bylaws). The fact of rampant social conflicts in agrarian and natural resources field is an initial indication that there is a need in repositioning the law regulatiing people’s right to manage their own agrarian and natural resources.</p>

Lessons from Iraqi Kurdistan: Self-Determination and Humanitarian Intervention against Genocide

1993 ◽  
Vol 11 (1) ◽  
pp. 41-62 ◽  
Author(s):  
Payam Akhavan
Keyword(s):  
Security Council ◽  
Humanitarian Intervention ◽  
United Nations Security Council ◽  
Self Determination ◽  
Legal Basis ◽  
International Peace ◽  
Iraqi Kurdistan ◽  
Internal Affair ◽  
Peace And Security ◽  
The Right

The repression of the Kurdish people of Iraq is nothing new. It is part of the decades-long policy of Arab colonial domination and denial of their right to self-determination by the international community. After the Iraqi military advance into Kurdistan, the intensification of the savage repression resulted in a disturbing increase in the exodus of Kurdish refugees. Suddely, the repression of Kurds by the Iraqi military was transformed from an ‘essentially internal affair’ to a situation which threatened ‘international peace and security’ and thus the legal basis for United Nations Security Council intervention was provided. Akhavan examines this international action against the repression in Iraqi Kurdistan. Humanitarian intervention against genocide, the concept of genocide and the right to self-determination and assistance are subsequently discussed.

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