In a major step to remove the climate of mistrust in the Kurdish peace process, Turkey’s Justice and Development Party (AKP) has submitted to parliament a draft bill designed to secure legally the negotiations with the Kurdistan Workers Party (PKK). The bill — called “Law to End Terrorism and Strengthen National Togetherness” — aims to create a legal shield for the direct and indirect talks the state has been holding with jailed PKK leader Abdullah Ocalan on the prison island of Imrali and senior members of the PKK and the PKK-linked Kurdistan Communities Union (KCK), based in Iraq’s Qandil Mountains and Europe. With the PKK listed as a terrorist organization, the talks can be easily classified as a criminal activity under Turkey’s existing law. On the state’s behalf, the talks are being conducted by the National Intelligence Organization (MIT), while senior members of the Peace and Democracy Party (BDP) and the People's Democracy Party (HDP) have acted as intermediaries on the Kurdish side.
A couple of years ago, prosecutors had launched an investigation into MIT officials over several rounds of talks with the PKK held in Oslo in 2009, which prompted the government to pass legislation that conditioned investigations against the MIT chief on the prime minister’s permission, thus providing legal protection for the state wing in the talks. Ocalan and the BDP-HDP delegation, for their part, had long called for a “legal framework” to keep the process on track.
Here are the main points the draft envisages:
- The government will be authorized to consider steps on the political, legal, socioeconomic, psychological and cultural aspects of the Kurdish settlement process as well as steps in the realm of human rights, security and disarmament.
- The government will be authorized to make decisions on contacts and meetings with individuals, entities and institutions at home and abroad.
- Measures will be outlined to encourage PKK militants who lay down arms to return to Turkey and reintegrate into social life.
- The public will be kept informed on the process.
- The Public Order and Security Undersecretariat will coordinate the settlement process.
- Individuals assigned tasks in the process will be exempt from legal, administrative and criminal liabilities.
"Silent revolution"
AL-MONITOR All-Access gives you unlimited access to all our journalism, the full Daily Briefing, exclusive interviews, premium newsletters, and live events — for less than $2/week.
