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1. Nationalist Underpinnings of Turkey’s Damaging “Kurdish” Policy

Author:
Max Erdemandi
Publication Date:
01-2020
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
Recent discussions on the Turkish state’s actions, which have devastated Kurdish people within and outside of its borders, suffer from a familiar deficiency: they neglect the historical and cultural foundations of the dynamics that placed the Kurdish people at the center of Turkey’s national security policy. Serious human rights violations and voter suppression in southeast Turkey, the massacre of Kurdish people in various parts of northern Syria, and purging of Kurdish politicians on false accusations are all extensions of Turkey’s decades-long, repeated policy mistakes, deeply rooted in its nationalist history. Unless there is a seismic shift in the drivers of Turkish security policy, especially as it pertains to the Kurdish people, Turkey is bound to repeat these mistakes. Furthermore, threat externalization with linkage to legitimacy of rule will further erode the democratic institutions of the state and other authentic aspects of Turkish identity.
Topic:
Security, Nationalism, Ethnicity, Syrian War, Borders, Violence, and Kurds
Political Geography:
Turkey, Middle East, Syria, and Kurdistan

2. Turkey’s Invasion of Syrian Kurdistan as Seen from Tehran

Author:
Doron Itzchakov
Publication Date:
10-2019
Content Type:
Commentary and Analysis
Institution:
The Begin-Sadat Centre for Strategic Studies (BESA)
Abstract:
Though it prompted angry reactions from senior officials in Tehran, the Turkish attack on Syrian Kurdistan offers both pros and cons for the Islamic Republic – and the potential positives likely outweigh the negatives.
Topic:
Ethnicity, Conflict, Syrian War, and Kurds
Political Geography:
Turkey, Middle East, Tehran, Syria, and Kurdistan

3. Kurdish Disunity In Historical Perspective

Author:
Michael M. Gunter
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
The Journal of Diplomacy and International Relations
Institution:
School of Diplomacy and International Relations, Seton Hall University
Abstract:
Kurdish nationalism is challenged not only by the more developed counternationalisms of the states in which the Kurds live (Turkey, Iran, Iraq, and Syria) but also by the problem of Kurdish disunity and infighting.
Topic:
History, Conflict, Kurds, Referendum, and Infighting
Political Geography:
Iraq, Iran, Turkey, Middle East, Syria, and Kurdistan

4. Iraq 2018 Elections: Between Sectarianism and the Nation

Author:
Isam al Khafaji
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The 12 May Iraqi elections – the fourth since the 2003 fall of Saddam Hussein – provided several surprises and contradictions for Iraq’s political landscape. Primary among them was the unprecedented objections to and questioning of the results as announced by the Independent High Electoral Commission – a central focus of this paper. Previous election cycles witnessed objections and complaints, yet none reached an extent that would damaging the clean bill issued by national and international organizations or the Federal Court’s validation of the results. Criticism of electoral transparency reached a point where the Council of Ministers was obliged to create a “higher security committee” to investigate accusations sent to the Independent High Electoral Commission (IHEC), and the United Nations representative in Iraq to send a letter calling on the IHEC to do a manual ballot counting of an arbitrary number of ballot boxes to ensure conformity with electronic ballot counting adopted for the first time this year. This multi-stage drama has reached the point where the Parliament decided, in an extraordinary session, to freeze the IHEC and assign a committee of nine judges to replace it, as well as to cancel the votes of internally displaced persons (approximately 3 million) and of Iraqis abroad (around 1.5 million). Therefore, any interpretation of the current election results must be cautioned with the knowledge that they are subject to change. The results most in question are from several predominantly Sunni governorates (such as Anbar and Salaheddin), Kurdish governorates (such as Sulaymaniyah, Erbil, and Dohuk), or ethnically mixed regions (such as Kirkuk) – where Arabs, Turks, and Kurds are in multiple ongoing disputes. However, the final decisions taken with regards to these appeals will not change the overall results as there is no serious questioning of the accuracy of the results in predominantly Shia governorates, which constitute the majority of Iraq’s population. That most of Iraq’s post-2003 prominent political movements resorted to unprecedented election rigging in 2018 is a tacit acknowledgement of the loss of trust they incurred before massive sectors of their electorates, a trend that has been observed by many for quite some time. Similarly, the public’s loss of confidence in the political class is also manifest in the alarming decline in voting rates, despite the high stakes of this year’s elections. Out of 24.5 million Iraqis eligible to vote, less than 11 million (44.5%) voted. Participation rates in all previous elections – except for governorate council elections – exceeded 60%. This low turnout translates the frustration of many voters at the possibility of changing the political establishment, despite changes in the political parties’ formation and election lists. Contrary to previous elections, where forces of Shia political Islam led by the Islamic Dawa Party were guaranteed to win, the 2018 elections involved bitter conflict among different political visions, each with serious consequences regarding Iraq’s future, and the form of the state to be rebuilt after the destruction wrought by the so-called Islamic State (ISIS) and the policies of previous governments. However, most voters saw the fierce electoral competition as merely a repetition of the same faces, stances, and policies.
Topic:
Islam, Elections, Geopolitics, and Kurds
Political Geography:
Iraq, Middle East, Baghdad, and Kurdistan

5. Partnering for Solutions

Author:
Vicki Valosik
Publication Date:
09-2017
Content Type:
Special Report
Institution:
Center for Contemporary Arab Studies
Abstract:
CCAS, in partnership with the University of Kurdistan, brought together 40+ researchers this spring to discuss durable solutions to forced displacement in Iraq. Iraq has suffered from massive internal displacement for several decades, but with the rise of the Islamic State of Iraq and the Levant (ISIL) the numbers of those displaced have grown drastically. More than three million Iraqis—or ten percent of the country’s population—currently live as internally displaced persons (IDPs). In an effort to address this crisis, the Center for Contemporary Arab Studies (CCAS) and the Institute for the Study of International Migration (ISIM) at Georgetown recently joined efforts with the University of Kurdistan, Hawler (UKH) and the International Organization for Migration (IOM) to host the conference “Migration and Displacement in Iraq: Working Towards Durable Solutions.”
Topic:
Migration, Islamic State, Displacement, Kurds, and Higher Education
Political Geography:
Iraq, Middle East, North America, and Kurdistan

6. ‘Leaving the mountain’: How may the PKK lay down arms? Freeing the Kurdish Question from violence

Author:
Cengiz Çandar
Publication Date:
03-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The democratic norms, introduced with globalization and embodied in the EU membership criteria, served as a leverage for Turkey like in many other countries. They enabled the society to gain a new insight in its own history and state and as a result the problems that had often been overlooked and swept under the carpet were inevitably included in the domain of politics. The issue, which is often referred to as the ‘Kurdish Question’ yet essentially expresses the refusal by the state to meet the existential and cultural demands of Turkish citizens with Kurdish identity, constitutes the biggest obstacle to democratization in terms of its scope and historical background. Accordingly, today, there is a widespread belief that democracy cannot become entrenched in society unless the ‘Kurdish Question’ is resolved. The TESEV Democratization Program has systematically addressed the ‘Kurdish Question’ in the recent years and brought it to the public attention. Three reports were prepared as a result of an extensive field work, where we attempted to clarify the demands of the politically diverse Kurdish people, the possible constitutional and legal responses to these demands and how these demands are perceived by other segments of the society. The collision of this process with the widening of the domain of politics in Turkey has led to the idea of seeking for ‘the resolution’ within the framework of a new constitution. On the other hand, there is a growing understanding that ‘the resolution’ has some aspects that go beyond the legal context. For establishing a future based on trust requires conclusively burying the past in the pages of history while also ensuring its visibility, which in turn implies a confrontation among different identities. Therefore, the resolution of the ‘Kurdish Question’ needs a democratic method and approach, whereby parties are able to develop an attitude that addresses the whole society and show consent to a policy that does not encumber the future. Yet, the reciprocal past and present violence between the state and the PKK makes it necessary to create a transparent medium for dialogue to realize potential solutions, and therefore to embark upon a journey towards a solution with no way back. This means ensuring that all members of the PKK, including Öcalan, gradually perceive themselves as a part of the political process. This period, in which we are on the verge of creating the new constitution and concurrently solving the ‘Kurdish Question’, is a vital one. This TESEV report analyses what type of a political infrastructure is needed to build a favorable environment for such a dialogue. The study conducted by Cengiz Çandar, one of the most competent observers of the issue, reveals how the building blocks for resolution can be placed in a realistic way and in consideration of the plurality within both sides. Our expectation is that this groundwork presented here will offer a meaningful contribution and roadmap both for the settlement of the ‘Kurdish Question’ and for the democratization process of Turkey …
Topic:
Conflict Resolution, Non State Actors, Negotiation, Violence, and Kurds
Political Geography:
Turkey, Middle East, and Kurdistan

7. 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