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" Refugee Protection in the Kurdistan Region of Iraq: "
Abdulrahman, Lawand Talal
Gottlieb, David J.
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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1107258
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| Doc. No
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TLpq2437840295
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| Main Entry
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Abdulrahman, Lawand Talal
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Gottlieb, David J.
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| Title & Author
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Refugee Protection in the Kurdistan Region of Iraq:\ Abdulrahman, Lawand TalalGottlieb, David J.
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| College
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University of Kansas
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| Date
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2020
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| student score
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2020
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| Degree
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S.J.D.
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| Page No
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350
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| Abstract
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Decades of conflict and widespread violence in Iraq and Syria have caused large-scale forced migration into the Kurdistan Region of Iraq (KRI). Since 2013 KRI has pursued an open-door policy accompanied by a specific national protection regime to protect [Kurdish] Syrian asylum seekers fleeing civil war. Not a party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, and limited to a single national refugee law, Iraq recognizes political and military refugees, but excludes categories of persons seeking asylum in Iraq for reasons of race, religion, ethnicity, membership of a particular social group or persons fleeing conflicts and wars. The non-inclusive nature of the legislation framework puts non-political asylum seekers at risk of denial to admission, potential detention and refoulement; and multiple provisional measures, such as residency related laws, challenge the protection of non-political refugees tethering their status to admission, non-refoulement, detention and access to rights. This research aims to explore the protection of Syrian asylum seekers in KRI in law and in practice and the consistency of this protection regime with its international legal obligations. In my paper, I strive to answer the key question whether and to what extent Iraq and KRG are guided by the provisions of the relevant international law framework in governing and managing refugee issues in the country. By doing so I attempt to evaluate discourses on national refugee protection with an analysis of current legal framework, associated challenges and prospects. Consequently, some issues considered in this paper explore the legal norm development at the national level, and how international law obligations (and refugee protection norms) are conceived by the state. The first chapter of the paper sets the legal and institutional framework for refugee protection outlining key international refugee laws and norms, including refugee status determination procedures. The second chapter considers the question of international standards, rights and obligations of refugees, looking from the perspective of refugees as rights bearer and duty holders. The third chapter considers the national approach in Iraq to asylum and refugee protection, and specifically, the norms underlying those approaches identifying key actors in promoting refugee protection norms and their agenda-setting in the national context. Building on this, the fourth chapter examines the national approach in KRI to asylum and refugee protection, and specifically, the norms underlying those approaches. By examining these issues, through qualitative, quantitative, comparative and legal dogmatic concept methods, the paper provides an overview of KRI laws and practice concerning the protection of Syrian asylum seekers and explores whether it is consistent with its obligations under international law. It examines the access of Syrian asylum seekers to the KRI territory, residency, education, property, and the labor market. It also examines the potential for comprehensive approach with regard to durable solutions of the refugees. The concluding chapter of the paper provides a set of recommendations, suggestions for new norms, and policies to address the challenges plaguing the implementation of refugee law in Iraq, along with the outstanding questions, remaining challenges and concerns.
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International law
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