Framing a model to study on livelihood rights of border communities, study area: Kurdistan, the border region of Iran and Iraq

Abstract

[EN] Today's borders are new phenomena that have been created for political and security reasons and have themselves caused many economic, social problems, and cultural crises for the inhabitants of these areas. Before the creation of new geographical borders, people could easily enjoy the benefits and resources of both sides of the border after the creation of new geographical borders (J Agnew, 2008). After the creation of new frontiers and strict control and sometimes security fencing of all these benefits, including the right to Shared exploitation of natural features such as mountain pastures, lake pastures, and the like, has been denied, while they have not received a suitable replacement for this lack of facilities and resources. As in most parts of the world, this can be seen in most of the borders of Iran, including the Kurdish border areas of the Iran-Iraq border (Amilhat, 2013; Amilhat, 2009). The research shows that there is a difference between life experiences and the development of border and central regions. Development has been assessed as more appropriate than border areas, and these studies have also indicated the fact that border provinces, compared to other provinces in terms of indicators such as birth rate, population growth, literacy, GDP per capita, hope Life as well as immigrants, have an unfavorable situation. Over the past one hundred years, due to the lack of attention from officials and lack of proper investment over time, these areas have faced many problems and social problems, such as widespread poverty, uncontrolled migration, trafficking and many other problems. In the border areas of Kurdistan, mainly due to geographical and geopolitical reasons and lack of suitable lands, there is no possibility of agriculture and animal husbandry, which is the predominant occupation of villagers in most parts of the country. They have turned to the bagKhezerpoor (2018). Occupations that, in addition to great hardship, lead to serious crimes and sometimes death (in some cases, smugglers are shot by border guards). People with a noble and honorable culture are deprived of the minimum benefits and necessities of life in their homeland due to historical determinism and lack of proper legal mechanisms (Hafeznia, 2010). The purpose of this study is to investigate and explain the lost livelihood rights of the border residents of Iranian Kurdistan from the perspective of international law and domestic law in this region, which is known as (bad border) according to scientific definitions and UN standards. Finally, we try to offer practical solutions by presenting the best protection laws in the global arena. Political borders are often a modern and artificial phenomenon, and rarely are fit with geographical requirements and historical realities. As a result, in some areas, due to "blocked borders", access to traditional livelihood resources is complex and somehow impossible for border communities (Vaughan-Williams, 2012). In some areas like the Middle East and Africa, "Bad borders" are among the main factors of regional conflicts. What kind of rights have been considered for border communities in international law? What legal frameworks do these rights cover? How can local communities pursue their livelihood rights? This research will try to answer these questions.