TRANSNATIONALaw · Transnationalism and Unofficial Law: The Case of Kurds in Turkey and Germany
Horizon 2020 — Marie Skłodowska-Curie Actions
- Duration
- 2017-01-01 → 2020-09-30
- EU contribution
- €251,858
- Participants
- 2
- Scheme
- MSCA-IF-GF
Lines connect the coordinator with its partners.
Results in brief
Transnationalism and Unofficial Law: The Case of Kurds in Turkey and Germany
TRANSNATIONALaw project has revolved around the argument that alternative justice, meaning the creation of alternative political systems as well as alternative institutions of justice, are essential to alternative sovereignty and parallel state making processes. During times of increased upheaval and conflict in the Middle East, the Kurdish political movement aims to create a utopian society in Northern Syria and South Eastern Turkey. This research has critically engaged with these claims by exploring how Kurdish communities in Turkey and in the diaspora (Berlin) challenge power and control of existing nation states. While the project focused on the Kurdish political movement as a case study, the research has wider implications for contemporary debates on community cohesion, social and cultural integration of immigrant communities, as well as multiculturalism and pluralism in the Middle East and Europe. The emphasis on gender-based equality and justice has been relevant beyond the Middle East. The following research questions have been investigated: 1) When, why and how do Kurdish communities living in Berlin and Diyarbakir choose to follow alternative dispute resolution mechanisms rather than official state court procedures? 2) How do Kurdish unofficial, transnational legal institutions and practices deal with family matters, and how are women in particular affected by the use of non-state alternative dispute resolution? 3) Do diaspora and homeland non-state judicial processes influence each other? If so, in what ways, and how do they deal with disputes involving litigants living in different nation states?
Data: CORDIS, © European Union
Project objective
The use of multiple legal practices based on diverse normative perceptions increasingly challenges the monopoly of state law. In Europe, this issue has become especially visible in the ongoing discussions about sharia courts. However, there is only limited research about the practical implications of non-state legal orders, particularly in relation to their effects on women’s rights and gender relations. The proposed research aims to start filling this gap by investigating the non-state justice systems operating in Berlin, the city with the largest Kurdish population in Europe, and Diyarbakir, the largest Kurdish-dominated city in Turkey. An evidence-based foundation is needed if the legal order and conceptualizations of citizenship are to be fit for increasingly diverse societies. In-depth interviews and participant observation will be used to investigate when, why and how Kurdish communities in Diyarbakır and Berlin choose alternative dispute resolution over the official court procedures provided by the state. There will be a special focus on family cases to examine how gender norms and relations are affected by the use of non-state judicial processes. A historical perspective on the Diyarbakir-based ‘unofficial’ legal order will explore the non-European and non-religious roots of unofficial dispute resolution practices used within Europe. The transnational perspective will also enable an investigation of the mutual influences across non-state and state legal orders in Europe and the Middle East. This interdisciplinary project aims to fill a significant gap in the relevant socio-legal, gender, migration, political academic studies and policy debates within the European Research Area. This proposed project will be hosted by SOAS University of London (Beneficiary) in partnership with Syracuse University (SU) (Partner Organization in TC), New York. There will be additional mobility to the the Max Planck Institute (MPI) for Social Anthropology.
Original text from CORDIS.
Participants
- SCHOOL OF ORIENTAL AND AFRICAN STUDIES ROYAL CHARTER · LondonCoordinatorUnited Kingdom
- SYRACUSE UNIVERSITY · Syracuse NyUnited States
Links
Data: CORDIS, © European Union