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1. How Legitimate Are The Kurd’s Demands? The Kurdish Question Through The Lens of Turkey’s West

Author:
Dilek Kurban and Yılmaz Ensaroğlu
Publication Date:
04-2011
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Generally speaking, it is fair to say that there was consensus in all meetings that the Kurdish Question is Turkey’s most important challenge and blocks the country’s path in many ways, and that it calls for an urgent solution. But participants raised quite different viewpoints, diverse and at times diametrically opposite approaches on how to name and define the issue, reasons for the problem’s emergence, its origins or the paths to solution. Nevertheless, when specifics of the matter were laid on the table, these opposing views converged, and even reached agreement. This is a sign that the long-lasting policies implemented to create a society of fear have had a certain degree of influence but could not subjugate the society entirely. As a matter of fact, it needs to be noted that at the meetings held in provinces assumed to harbor highly negative opinions on the Kurdish Question, even those participants who define themselves as nationalists (milliyetçi) or secular nationalists (ulusalcı) and are expected to react most harshly and irreconcilably to Kurds’ demands often did not draw their “red lines” too far from those drawn by people with more moderate views. For instance, the majority of those participants stated clearly that Kurds’ demands about human rights and Turkey’s democratization were legitimate and their reaction or concerns were limited to demands regarding ‘terror’, the Kurdistan Workers Party (Partiya Karkerên Kurdistan, PKK) and Abdullah Öcalan.
Topic:
Minorities, Domestic Politics, and Kurds
Political Geography:
Turkey and Middle East

2. Toward a Solution to the Kurdish Question: Constitutional and Legal Recommendations

Author:
Dilek Kurban and Yılmaz Ensaroğlu
Publication Date:
06-2010
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
There is more to the dominance of “rule of law” or “supremacy of law” in a state than the mere availability of a constitution or laws, or the presence of judicial institutions. Indeed, it is a fact of history that even the bloodiest dictatorships had their idiosyncratic laws and courts. In addition, there are countless historical examples of tyrannical and oppressive policies being implemented through courts. Thus, in paying special attention to the matter, international human rights law emphasizes in the Universal Declaration of Human Rights that “…it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” Article 3 of the Statute of the Council of Europe follows suit: “Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms…” Article 1 of the European Convention on Human Rights, in addition, states: “The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.” These and other instruments of law confer on the states substantial responsibilities for the protection of human rights. Of a state’s obligations in that regard, the most important include constitutional and legal recognition of citizens’ human rights, non-interference in individuals’ exercise of those rights as long as such exercise does not violate the freedoms of others, and protection of those rights against interventions by others. These obligations have also become sources and criteria for a state’s claim to legitimacy. In other words, states are now considered to be legitimate to the extent they recognize and protect human rights. As a matter of fact, the protection of states’ rights to sovereignty cannot hold its ground against human rights, thus no state can have recourse to the ‘non-intervention in domestic affairs’ discourse in the face of violations within that state’s borders. The judiciary is the most important mechanism that will check the compliance of government policies and practices with the law and protect citizens’ rights and freedoms. This is why all acts and transactions of the administration need to be subject to judicial review in a state where rule of law prevails. In short, the judiciary is the one and only power that will put the principle of the rule of law into practice. In order for the judiciary to serve that function, that is, to protect human rights, it is indispensable that constitutional and legal arrangements be compatible with human rights law. Put differently, implementing the principle of rule of law necessitates that the law should, instead of siding with the state, have an autonomous standing vis-à-vis the state. The law must maintain equal distance to the state and the citizen. Otherwise, it will not be able to serve its arbitral function between the two sides, and as a result, its legitimacy becomes contested. Considering Turkey in this light, one sees that the legal framework has adopted the ideology of creating a homogenous society and a modern nation, instead of securing all individuals’ rights. Founded as a modern state upon the remnants of the multi-religious, multilingual, and multiethnic Ottoman Empire, the Turkish Republic decided that it would not be possible for it to realize the plans to construct the new nation without denying room to the distinct identities. In line with the secularist and nationalist policies pursued as an outgrowth of this approach, the legal framework underwent a complete overhaul. It has become widely accepted today that Kurds were one of the primary targets of these policies. As a matter of fact, in addition to general legal and constitutional amendments necessary for a Turkey committed to human rights and the rule of law, a number of particular arrangements are also required for a lasting and democratic solution to the Kurdish Question. Constituting the main focus of this report, these arrangements can be broken down into two groups: constitutional and legal. Although the constitutional articles and legal provisions examined in detail and the regulations and statutes which occupy lesser space in the report might appear to have a general character and do not include the words “Kurd” or “Kurdish”, they are essentially instruments aiming to restrict Kurds’ fundamental rights and freedoms and practically causing indirect discrimination against the Kurds. It goes without saying that several administrative measures that do not necessitate any particular legal arrangements must also be taken to solve the Kurdish Question. Discussed as part of the debates on the ‘democratic initiative’, some of these measures include the restitution of names in Kurdish and other languages to places plastered with Turkish names, removal of nationalist slogans etched by the state onto mountain slopes in Turkey’s eastern and southeastern region, changing the militarist names given to schools in the same region, and appointment of Kurdish-speaking public servants in the region to facilitate the use of Kurdish language in accessing public services. Though they are outside the scope of this report, these administrative steps and similar others need to be negotiated upon with Kurdish political representatives and opinion leaders and put in practice soon.
Topic:
Human Rights, Law, Constitution, Legislation, and Kurds
Political Geography:
Turkey, Middle East, and Kurdistan

3. A Roadmap for a Solution to the Kurdish Question: Policy Proposals from the Region for the Government

Author:
Dilek Kurban and Yılmaz Ensaroğlu
Publication Date:
12-2008
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The Kurdish Question is not a mere ‘terrorism problem,’ but rather an issue with ethnic, cultural, legal, political, social, economic, and psychological dimensions. It was there before the PKK existed; even if the PKK were to be completely eliminated, the problems and demands of the Kurds would persist. The era of armed conflict has inflicted heavy material and emotional losses on the region and Kurds in particular, and on the entire society in general. The state’s failure to pursue policies during non-violent periods in favor of restoring permanent peace has caused it to miss very important opportunities to find a solution, and has created among Kurds a feeling of distrust towards the state. The Kurdish Question, which has so far been a political issue between Kurds and the state, increasingly risks rapid transformation into a clash between the Turks and the Kurds.
Topic:
Politics, Terrorism, Territorial Disputes, Minorities, Conflict, Kurds, and Peace
Political Geography:
Turkey and Middle East