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Kurdiska
EU-Projekt
26-27 June 2004
PROPOSITIONS REGARDING THE SOLUTION OF DEMOCRACY
AND KURDISH PROBLEM IN THE EU PROCESS
As it is known, Turkey has been conferred the
status of “Candidate Country” in 10-11 December 1999 Helsinki summit. At
this rate, it appears to be possible for the European Council to take an
affirmative decision in the summit in December 2004, in respect of
starting the accession negotiations with Turkey.
As Rights and Freedoms Party, we have organized
symposiums on “Turkey and Kurds in the EU Process” in many regions of
Turkey, particularly in Diyarbakýr in order to examine the EU accession
process of Turkey and to determine the attitude and expectations of the
Kurdish people concerning the EU accession process of Turkey.
(Regrettably, the first meeting we planned to hold in Diyarbakýr on 11
April 2004 was prohibited by Diyarbakýr Governorship. This practice was
an unlucky situation which was opposite to the spirit of the process).
Hundreds of people including intellectuals,
jurists, writers, trade unionists, artists, representatives of the
non-governmental organizations and politicians participated to the
meetings we held. Most of the participants stated in written form or
orally their thoughts regarding the expectations of the Kurds from the
EU process. It is favorable for us to share with you the opinions and
proposals with the main features revealed as a result of all these
participative meetings and discussions.
Kurds are one of the Oldest Nations in the Middle
East and should Freely Enjoy all National Democratic Rights like every
Nation
Contrary to what is often stated, the Kurds are
not a minority but one of the oldest and greatest settled nations of the
Middle East. The Kurds have their own language called Kurdish from Indo-
European Language Group, a wealthy culture and a history dating back to
a quite ancient history. A part of this nation which amounts
approximately to 20 million lives in the Turkish territories.
During the War of Independence, the promises made
to the Kurds by the administrators of that period were forgotten by the
foundation of the Republic and the execution of the Lausanne Peace
Treaty and a unitary policy denying the existence of the Kurds was began
to be followed. When revolted in order to seek their national democratic
rights, those were suppressed by shedding blood and millions of Kurds
were banished. 1925 Sheikh Sait Rebellion, 1930 Aðrý Rebellion and 1937
Dersim Revolt were among the most important Kurdish rebellions
suppressed by shedding blood in the Republican period.
After the proclamation of the Republic, as the
existence of the Kurdish nation, also the language and culture of the
Kurds were also ignored and the Kurds were subjected to a grand
assimilation campaign and tried to be made Turkish. The region where the
Kurds used to live was economically and socially left behind and
outdated social structures were consciously protected and maintained in
these regions.
Briefly, the Kurds have been excluded from all
fields of economic, political, social and cultural life throughout the
history of the Turkish Republic.
After the coup d’etat in 1980, the pressure and
denial policy applied regarding the Kurds has gone off the rails. The
armed actions initiated by PKK in 1984 created a great opportunity for
the government to put the pressure and annihilation policies into
practice.
In the last 15-20 years, the Kurds and the region
where they live have been made the target of a total destruction policy.
With the involuntary migration policies followed,
the demographical structure of the region where the Kurds lived was
corrupted, thousands of villages and towns were burnt and evacuated and
around 3 millions of people living there had been forced to migrate
involuntarily. As a result of the armed conflicts occurred in the last
fifteen years, according to official date; around 35 thousand and
actually over 50 thousand people lost their lives and people of nearly
the same amount have been injured. In this period, thousands of people
have been murdered as a result of murders with ‘unknown perpetrator’.
With the Rural Guards system established, seeds of
hostility have been planted among the Kurdish society. Together with the
institutions such as the State of Emergency Governorship, Private Team
and Gendarmerie Intelligence (JÝTEM), the life in the region became
intolerable.
In the recent period, in spite of certain
arrangements made in the framework of alignment with EU the denial
policy followed in the issue of the Kurdish problem is not mainly
abandoned and the existence of the Kurdish people is still not
officially recognized.
On the other hand, the ones governing Turkey have
been trying to show the Kurdish problem as a problem of public order for
years and have transferred the settlement duty to security forces and
applied pressure. In the last twenty years, the Kurdish problem has been
made identical with PKK and this problem has been tried to be reflected
to domestic and foreign public opinion as a problem of “terror”. This
way, legitimacy was wanted to be given to pressure policies followed
against the Kurdish people.
However, the Kurdish problem is mainly a national
problem. But at the same time it has a complicated structure which has
economical, social, political, cultural, historical and geopolitical
dimensions and related to numbers of countries (such as Turkey, Iraq,
Iran and Syria). It is of great importance to accept the problem in this
manner.
‘Accession Partnership Document’ and ‘National
Program’ is far from defining the Rights of the Kurdish People
One of the foundation purposes of the EU is to
ensure the environment of stability and sustainable peace. Under the
conditions of Turkey, one of the most important provisions of fulfilling
such a purpose is to solve the Kurdish problem democratically on the
basis of equality of rights. However, the Accession Partnership Document
and the National Program prepared by the Government and the proofread
versions thereof are far from this rationale and understanding.
Furthermore, as the EU did not put the Kurds and
the Kurdish problem into this framework in the Accession Partnership
Document and Progress Reports issued by itself, a serious anxiety and
dissatisfaction appeared among the Kurdish people. However, the European
Parliament has decided in 1992 that the Kurdish People had the Right to
determine their own destiny.
Both in the Accession Partnership Document and in
the National Program of Turkey, the Kurdish problem was either ignored,
or it was often reduced to the level of personal rights. It is not
appropriate for the equity principles of the EU that it wanted the Kurds
to be contented with the crumbs of rights while talking about equality
and justice in the settlement of the Cyprus problem.
The National program prepared by Turkey is not
consistent with the philosophy of the EU, its democratic criteria and
rationale. Furthermore, the involvement of the society, particularly the
Kurds has not been provided and what they wanted was not considered at
the preliminary stage of the National Program. It is obvious that such a
program will not be sufficient to enable Turkey to structure pluralistic
and participative democracy in EU norms.
Our party has insistently attracted attention to
deficiencies and faults in this field in the 25 March 2003 dated report
it published in the period in which “The Laws on Alignment to EU” were
discussed and ratified in the Turkish Grand National Assembly. However,
regretfully the representatives of the parliament and the government
have insisted on what they knew. Consequently, a picture far from the
rooted democratization demands of Turkey has appeared.
What is the situation in the field of human
rights, freedom of organization, meeting and protest marches, briefly
the sine qua non norms of democracy in spite of all these “alignment
packages” and modifications made?
What has and has not been done in the framework of
Alignment with EU?
Until the date on which this report has been
prepared, the Turkish Grand National Assembly has performed a series of
legal and constitutional amendments comprising 8 packages.
Since 2002, the principal amendments and
arrangements at legal and constitutional level may be listed as below:
Within this period;
The State of Emergency was abolished.
The 8th article of the Turkish Civil Code was
abolished.
Capital punishment was taken out from the
constitution first on condition that war conditions shall be excluded
and then completely.
The prohibition on talking in Kurdish in the
Constitution and the related articles were abolished.
Closing the parties was made more difficult.
It was rendered free to ‘Make television
broadcasts and opening courses in languages other than Turkish” on
condition to be dependent on many conditions and limitations.
However these arrangements are quite
underdeveloped and insufficient steps in terms of solving the Kurdish
problem and regarding the rooted democratization demands of Turkey.
Above all, 1982 Constitution prepared in the
military regime period is still present. The picture in the field of
human rights violations clearly reveals in the annual reports published
by the Turkish Human Rights Foundation (THRF), Human Rights Association
(HRA) and Mazlum Der (Organization for Human Rights and Solidarity for
Oppressed People). According to 2003 annual reports published by these
organizations; cases of torture and ill-treatment continued in this
period, people lost their lives as a result of extrajudicial killing and
attacks with unknown perpetrators and investigations are opened against
the civil servants due to their opinions and actions. Furthermore, in
these reports it was determined that “The pressure on political parties,
non-governmental organizations, journalists, writers and artists for the
reason of expressing opinions which do not comply with the official
opinion persisted”.
Leaded by HAK-PAR and its directors, parties and
their directors who talked about the settlement of the Kurdish problem
have faced various lawsuits.
Even only the antidemocratic applications faced by
our party are quite informative about the restrictions on the rights and
freedoms in Turkey.
A lawsuit was brought before the Supreme Court
against HAK-PAR aiming at closure in March 2002, namely in the first
month of its foundation. The opened lawsuit is still pending. Similarly,
an investigation has been initiated by Ankara Office of the Attorney
General of the Republic as Kurdish was spoken in the Regular Meeting in
Ankara on 04.01.2004 and as the invitations were printed in
Kurdish-Turkish and this investigation also still persists. Again,
various lawsuits were opened against the party managers, particularly
against the President Abdulmelik Fýrat as they explained their opinions
concerning the problems in Turkey and the solutions thereof or as they
have spoken in Kurdish in the meetings. Some of them have been finalized
and some still continue.
Not only these;
The Rural Guards are still present.
The 82nd article of the Law on Political Parties
which prevents the usage of languages other than Turkish by the
Political Parties is a serious problem.
The 312th article of the Turkish Criminal Code
which is valid in spite of the abolished 8th article of the Turkish
Civil Code constitutes a serious obstacle against freedom of thought and
expression.
The 159th article of the Turkish Criminal Code
restricts the freedom of criticism and expression at a great extent.
Regulations made in the field of radio – TV
broadcast in Kurdish and in the field of courses in Kurdish, are of a
derisive quality in spite of meeting the demands of the Kurds in this
field.
Although it is accepted in the legislation ‘to
broadcast in different languages and dialects used by the Turkish
citizens in their daily lives”, this right has been limited to definite
daily and weekly hours. In this framework, since 09.06.2004 a broadcast
for 35 minutes in TRT radio and TRT 3 TV channel has been started.
However, this step is far from enabling people to enjoy the right of
broadcast in Kurdish.
Regarding education, there had been amendments in
the legislation permitting the opening of private courses with the
purpose of teaching different languages and dialects that the Turkish
people use in their daily lives. However as no course had been opened by
the government, no steps had been taken concerning the right of
education in the mother language.
According to our party, in addition to Turkish,
Kurdish should be accepted as the official language for correspondence
in the field of public/government affairs in the regions where the Kurds
live in majority and also as the language of education in education and
training institutions.
Making Kurdish, which is the language used by the
Kurds who constitute a population of more than 20 millions, the language
of education at the level of all education institutions, - in primary,
secondary and higher education institutions- is a right of citizenship,
beyond the Political Criteria of Copenhagen.
Similarly, all limitations regarding the broadcast
in Kurdish in radio and TV should be eliminated and one channel of TRT
should be allocated for broadcast in Kurdish.
Universal Norms should provide Guidance in Solving
the Kurdish Problem
As it is seen, in spite of certain arrangements
made in the EU membership process, a rooted and sincere policy on
Kurdish issue has not still been developed in Turkey. Because, the
Kurdish people have not been officially recognized and satisfactory
steps have been not been taken in the field of Kurdish and broadcast in
Kurdish.
Whereas the Kurds, as the other nations in the
world, are in favor of enjoying all national democratic rights including
the right to direct themselves.
There are a number of countries in the world which
have national-ethnical problems like Turkey and which have solved these
problems by peaceful and political means. Countries such as Spain,
Belgium, Germany and England which are members of the EU are the main
countries which have solved these kinds of national-ethnical problems in
a peaceful way. The Cyprus Plan of the UN is another solution model that
Turkey may use.
On the other hand, international agreements and
decisions which bind both EU and Turkey and which are of the quality of
primary legal documents have an understanding which deem legal the
humane demands of the Kurds in this respect.
- According to Wilson’s Principles published post
First World War; whether weak or powerful, the right of all people and
nations to live in equality and in freedom and safety has been accepted
as a principle of justice.
- In the Peace Treaty of Sevres signed in 1920,
both parties declared that they would recognize the independent Kurdish
State.
- In the Convention on Individuals’ Rights and
Freedoms accepted by the United Nations in 1966, the principle
indicating that “All nations have the right of self-determination” takes
place.
-According to the 14 December 1960 dated and 1514
numbered decision of ”Declaration on the Granting of Independence to
Colonial Countries and Peoples” of UN General Assembly, “All peoples
have the right of self-determination. As a natural result of this right,
they designate their political statutes and freely follow their cultural
development”.
-In the 1950 Declaration on Colonies, the Right of
the Nations to designate their own Destiny had been accepted.
- In the Bonds of Brotherhood Declaration accepted
in the UN General Assembly in 1970, the Right of the Nations to
designate their own Destiny had been accepted.
For the Solution of the Kurdish Problem and a
Democracy at the EU Standards;
Turkey should re-structure in a pluralistic and
participative manner, in accordance with its multi-ethnic structure in
the country. For democracy and for solving the Kurdish problem, the
central, unitary and awkward political structure must be abandoned. A
decentralized and federal system necessitated by the European Union
norms must be established. Such a system must provide to the Kurds,
equal opportunities for participation into all fields of life,
particularly in political life. Turkey may synthesize one or more of the
solution models in the world regarding this issue and may adapt the said
solution to its own conditions. Main concrete steps to be taken for all
of the above-stated may be listed as follows:
- In spite of the 12 September Constitution
dressed by force on the society as a strait jacket, a constitution
recognizing the Kurdish identity, guaranteeing the presence and rights
of the Kurdish people, in conformity with the new, democratic,
pluralistic and universal law.
-All prohibitions on the freedom of organization
should be abolished. All kinds of thoughts which do not include violence
should be bonded to legal guarantee in the framework of freedom of
organization. In this sense, Kurdish parties should be enabled to
conduct legal activities.
- In regions where the Kurds live in majority, the
language of education -from basic education to university- should be
Kurdish and in the other regions, Kurdish should be an elective course.
-All restrictions regarding radio and television
broadcast in Kurdish should be abolished, in a channel of TRT broadcast
in Kurdish should be made on full-time basis.
-In regions where the Kurds live in majority, in
addition to Turkish, Kurdish should also be used in the public area.
- Institutions and institutes supported by the
Government, studying the Kurdish language, history and culture should be
founded.
-The Kurdish names of settlement and geographical
areas (such as mountains, rivers, plains and lakes) should be given
back.
- Administrative prohibitions originating from the
practice preventing the Kurdish families from giving Kurdish names to
their children should be eliminated.
- It should be rendered free to found political
parties, associations, foundations, trade unions, clubs, professional
chambers and legal and actual barriers preventing them from using
Kurdish language in their activities should be abolished.
- A Local Parliament involving the regions where
the Kurdish people are in majority should be established and education,
health, public order and other general administrative services should be
left to this Parliament. Local administrations should be democratized
and strengthened.
- An amnesty for the political prisoner and
convicted people should be granted for overcoming the disappointments
occurred in the society and for providing an atmosphere of peace.
- The Rural Guards system and Private Team units
should be abolished.
- All necessary conditions and opportunities
should be provided for the return of the people who were made to migrate
from their villages by force.
- The perpetrators of the political murders
committed in the past should be revealed and punished.
- Economic and social underdevelopment in the
regions where the Kurds live in majority must be immediately interfered,
the prosperity level of the region must be raised and special projects
related to unemployment and poverty should be applied.
- All anti-democratic laws such as the Law on
Election, Law on Meeting, Manifestation and March, Criminal Code,
Turkish Civil Code and particularly the Law on Political Parties should
be re-organized in accordance with the EU standards and acquis.
- Laws and applications damaging the freedom of
belief and universal secularism must be abandoned. In spite of the
Department of Religious Affairs which is a result of this understanding,
conducting such services should be left to people in a free atmosphere.
Our party is ready to fulfill its responsibilities
in all of the phases in the process of solving the Kurdish problem and
to provide all contributions expected from itself.
Our party supports the candidature negotiations
with Turkey to be started after Turkey fully fulfills what is required
by the Copenhagen Criteria and takes serious steps for solving the
Kurdish problem in this framework.
In this framework, we invite particularly the
Turkish Grand National Assembly, Government and political parties that
have groups in the parliament to make the legal amendments necessary for
taking the steps we propose in the articles stated above. These
amendments to be made are necessary for us; the Turks, Kurds and
everyone living in Turkey.
HAK-PAR
26-27 June 2004
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