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21. Harvard Journal of Middle Eastern Politics and Policy: Spring 2014

Author:
Colin Eide, Averell Schmidt, Ibrahim Sharqieh, Matthew Levitt, Denise Natali, Gina A. Zurlo, Todd M. Johnson, Karina Piser, John Strickland, Sarath Ganji, and Nada Zohdy
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
We are pleased to present the third edition of the Harvard Journal of Middle Eastern Politics and Pol icy. This volume is being published at a time of rapid transformation in the Middle East and North Africa. The euphoric uprisings of 2011 have met with fierce resistance from resilient autocrats and the complex realities of reshuffled domestic politics. With corruption scandals threatening the long-venerated Turkish model, an Egyptian military reasserting itself in political life, and heated tribal disputes compromising an already fragile Libyan state, which way the region is headed remains altogether unclear. These volatile domestic transformations coincide with regional diplomatic realignments. Nuclear diplomacy between Iran and the West has complicated the relationship between Washington and its traditional allies in Israel and the Gulf. The Obama administration’s hesitance to intervene militarily in Syria has at times further strained these ties. Meanwhile, the unprecedented diffusion of Syrian refugees risks destabilizing neighboring states and igniting a region-wide conflagration. This year’s Journal sheds light on many of the dynamics underlying what we see as a larger regional transformation. Ibrahim Sharqieh opens the Journal with a commentary on the often overlooked plight of Palestinian “double refugees”—those first displaced by conflict with Israel, displaced again by conflict in Syria. Matthew Levitt provides our first feature article investigating the evolving strategic relationship between Hezbollah and Iran. Denise Natali analyzes the dynamics—new and old—of transborder Kurdish politics. Todd M. Johnson and Gina A. Zurlo focus our attention on demographic trends behind the flight of the region’s Christian communities. Karina Piser helps dispel the popular narrative of religion as the sole driver of Islamist political parties in Tunisia, focusing us instead on their internal debates and political acumen. John Strickland points us to an economic transformation with global consequences taking place in the region’s skies: the growth of Gulf airlines. Lastly, spanning the politics of the Palestinian Authority, the political economy of oil and gas, and the underpinnings of the region’s grassroots political movements, this year’s staff interviews offer fresh perspectives on pressing issues.
Topic:
Islam, Migration, Peace Studies, History, Social Movement, Partnerships, Arab Spring, Protests, Christianity, Hezbollah, and Kurds
Political Geography:
Iran, Middle East, Palestine, Arab Countries, Syria, Jordan, Tunisia, and Gulf Nations

22. ‘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

23. 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