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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
Diyarbakir 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 Diyarbakir on 11 April
2004 was prohibited by Diyarbakir 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 Ağrı 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 (JİTEM), 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 Fırat 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
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