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'Leaving the Mountain': How May the PKK Lay Down Arms?

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‘Leaving the mountain’: How may the PKK lay down arms? Freeing the Kurdish Question from violence Cengiz Çandar ‘Leaving the mountain’: How may the PKK lay down arms? Freeing the Kurdish Question from violence Türkiye Ekonomik ve Bankalar Cad. Minerva Han Sosyal Etüdler Vakf› No: 2 Kat: 3 Turkish Economic and Karaköy 34420, İstanbul Social Studies Foundation Tel: +90 212 292 89 03 PBX Fax: +90 212 292 90 46 Demokratikleşme Program› [email protected] Democratization Program www.tesev.org.tr Author: Publication Identity Design: Rauf Kösemen Cengiz Çandar Page Layout: Gülderen Rençber Erbaş Coordination: Sibel Doğan Prepared for Publication by: Production Coordination: Nergis Korkmaz Zeynep Başer, Mehmet Ekinci Cover Design: Printed by: Artpres Matbaacılık San. Tic. Ltd. Şti Banu Soytürk İbrahim Karaoğlanoğlu Cad. No:37 K:1 Seyrantepe - Kağıthane / İstanbul Translation: Tel: 0212 278 80 76 Suzan Bölme Copies: 500 TESEV PUBLICATIONS ISBN 978-605-5832-02-5 Copyright © March 2012 All rights reserved. No part of this publication may be reproduced electronically or mechanically (photocopy, storage of records or information, etc.) without the permission of the Turkish Eco- nomic and Social Studies Foundation. The viewpoints in this report belong to the authors, and they may not necessarily concur partially or wholly with TESEV’s viewpoints as a foundation. TESEV would like to extend its thanks to Chrest Foundation, Open Society Foundation and TESEV High Advisory Board for their contributions with regard to the publication and promotion of this report. Contents TESEV INTRODUCTION, 7 FOREWORD and ACKNOWLEDGEMENTS, 9 SECTION ONE, 11 METHODOLOGY and PURPOSE, 13 SECTION TWO, 17 INVALIDITY OF THE EXISTING PARADIGM IN THE RESOLUTION OF THE KURDISH QUESTION, 19 Inseparability of the Kurdish Question and the PKK, 19 How Öcalan and the Kurdish Question Are Intertwined, 20 Past Experience: Dividing or Liquidating the PKK, 21 SECTION THREE, 23 THE NEW PARADIGM: THE PKK AS THE LAST KURDISH INSURGENCY, 25 Definitions of Insurgency and Terrorism, 25 Change and Continuity in the PKK as an Insurgent Movement, 30 The Psychological Dimension of Insurgency, 32 SECTION FOUR, 35 INTERNAL DYNAMICS OF THE PKK, 37 The Abdullah Öcalan Factor, 37 The “Hawkish” Wing of the PKK, 38 The Founding Cadre of the PKK and its Leftist Background, 39 The PKK’s View of Kemalism, 41 ‘One Man’ and his Power in the Organization, 43 The Power of Öcalan and the PKK in Iraq, Iran and Syria, 45 The ‘Holy Trinity’ of the Kurds: Apo, the PKK and the Mountain, 46 SECTION FIVE, 49 NEGOTIATION AS A MEANS FOR SETTLEMENT, 51 From Security Policy to Political Settlement, 51 Transition from ‘Dialogue’ to ‘Negotiation’, 52 Öcalan’s Contacts with Military Officials, 54 The Role of MİT and the Importance of the Talks with Öcalan, 55 Nature of the Talks, 60 Obligations of the Civilian Politics, 62 Practical Conclusions, 63 SECTION SIX, 65 THE RELATIONS OF THE PKK WITH THE STATE: RECENT HISTORY AND LESSONS TO BE LEARNED, 67 Withdrawal Beyond Borders as a Means of Trust Building and Reconciliation , 67 The Significance of the PKK’s Withdrawal, 72 No More a Step Forward: Withdrawal Beyond Borders, 73 Back to Armed Struggle, 75 Habur, KCK Arrests and Their Heavy Toll, 79 SECTION SEVEN, 83 THE KURDISH QUESTION AND THE PKK IN THE PROCESS AHEAD, 85 A New Constitution, a New Resolution Process, 85 The External Dimension of the ‘PKK Question’: Iran, Syria and the Others, 85 Urgency of the Resolution Process, 87 SECTION EIGHT, 91 RECOMMENDATIONS, 93 ANNEX, 99 ANNEX 1: ROADMAP AND ACTION PLAN FROM ABDULLAH ÖCALAN, 101 ANNEX 2: DRAFT LAW PROPOSED BY THE REGIONAL BAR ASSOCIATIONS, 105 PERSONS INTERVIEWED FOR THE REPORT, 106 BIBLIOGRAPHY, 108 ABOUT THE AUTHOR, 111 Boxes The Congress for Change, 32 The State-Öcalan Talks, 56 Former Leaders and Military Commanders of the PKK, 71 The Breaking Point: The Habur Incident, 80 What is the Koma Civakên Kurdistan (KCK)?, 82 Articles of Turkish Penal Code (TCK) and Anti-Terror Law (TMK) that should be Amended to Enable the Laying Down of Arms by the PKK, 94 4 Abbreviations AK Party Adalet ve Kalkınma Partisi (Justice and Development Party) ANAP Anavatan Partisi (Motherland Party) ANF Ajansa Nûçeyan a Firatê (Fırat News Agency) ARGK Arteşe Rızgariye Gele Kurdistan (People’s Liberation Army of Kurdistan) BDP Barış ve Demokrasi Partisi (Peace and Democracy Party) CHP Cumhuriyet Halk Partisi (Republican People’s Party) DEP Demokrasi Partisi (Democracy Party) DSP Demokratik Sol Parti (Democratic Left Party) DTK Demokratik Toplum Kongresi (Democratic People’s Congress) DTP Demokratik Toplum Partisi (Democratic Society Party) ECHR European Convention on Human Rights ECtHR European Court of Human Rights EU European Union FP Fazilet Partisi (Virtue Party) HPG Hêzên Parastina Gel (People’s Defense Forces) İHD İnsan Hakları Derneği (Human Rights Association) JITEM Jandarma İstihbarat ve Terörle Mücadele Birimi (Gendarmerie Intelligence and Counter Terrorism Unit) KCK Koma Civakên Kurdistan (Union of Communities in Kurdistan) KKK Koma Komalen Kurdistan (Democratic Confederation of Kurdistan) Kongra-Gel Kongra Gelê Kurdistan (Kurdistan People’s Congress) MHP Milliyetçi Hareket Partisi (Nationalist Movement Party) MİT Milli İstihbarat Teşkilatı (National Intelligence Organization) PÇDK Çareseriya Demokratika Kurdistanê (Kurdistan Democratic Solution Party) PDK Partiya Jiyana Azad a Kurdistanê (Party of Free Life of Kurdistan) PKK Partiya Karkerên Kurdistan (Kurdistan Workers’ Party) PWD Partiya Welatparez Demokratik (Patriotic Democratic Party) PYD Partiya Yekiti a Demokratik (Democratic Union Party) RP Refah Partisi (Welfare Party) TCK Türk Ceza Kanunu (Turkish Penal Code) TMK Terörle Mücadele Kanunu (Anti-Terror Law) TSK Türk Silahlı Kuvvetleri (Turkish Armed Forces) 5 YNK Yeketî Niştîmanî Kurdistan (Patriotic Union of Kurdistan) 6 TESEV Introduction Etyen Mahçupyan, TESEV Democratization Program The democratic norms, introduced with globalization aspects that go beyond the legal context. For and embodied in the EU membership criteria, served establishing a future based on trust requires as a leverage for Turkey like in many other countries. conclusively burying the past in the pages of history They enabled the society to gain a new insight in its while also ensuring its visibility, which in turn implies own history and state and as a result the problems a confrontation among different identities. Therefore, that had often been overlooked and swept under the the resolution of the ‘Kurdish Question’ needs a carpet were inevitably included in the domain of democratic method and approach, whereby parties politics. are able to develop an attitude that addresses the whole society and show consent to a policy that does The issue, which is often referred to as the ‘Kurdish not encumber the future. Question’ yet essentially expresses the refusal by the state to meet the existential and cultural demands of Yet, the reciprocal past and present violence between the state and the PKK makes it necessary to create a Turkish citizens with Kurdish identity, constitutes the transparent medium for dialogue to realize potential biggest obstacle to democratization in terms of its solutions, and therefore to embark upon a journey scope and historical background. Accordingly, today, towards a solution with no way back. This means there is a widespread belief that democracy cannot ensuring that all members of the PKK, including become entrenched in society unless the ‘Kurdish Öcalan, gradually perceive themselves as a part of the Question’ is resolved. political process. The TESEV Democratization Program has This period, in which we are on the verge of creating systematically addressed the ‘Kurdish Question’ in the new constitution and concurrently solving the the recent years and brought it to the public attention. ‘Kurdish Question’, is a vital one. This TESEV report Three reports were prepared as a result of an analyses what type of a political infrastructure is extensive field work, where we attempted to clarify needed to build a favorable environment for such a the demands of the politically diverse Kurdish people, dialogue. The study conducted by Cengiz Çandar, one the possible constitutional and legal responses to of the most competent observers of the issue, reveals these demands and how these demands are perceived how the building blocks for resolution can be placed in by other segments of the society. a realistic way and in consideration of the plurality within both sides. The collision of this process with the widening of the domain of politics in Turkey has led to the idea of Our expectation is that this groundwork presented seeking for ‘the resolution’ within the framework of a here will offer a meaningful contribution and roadmap new constitution. On the other hand, there is a both for the settlement of the ‘Kurdish Question’ and growing understanding that ‘the resolution’ has some for the democratization process of Turkey … 7 8 Foreword and Acknowledgements Cengiz Çandar, June 2011 There is almost nothing that has not been said or opportunities for removing violence from the Kurdish written to date on the Kurdish Question and the ways Question. The likelihood of an escalating violence and to solve it. During the various readings I undertook for a possible drift of Turkey into a civil war that no one the preparation of this report and during the one-on- can expect to benefit from should not be one interviews I conducted with tens of people underestimated. In addition, the Arab Revolts starting extending from the Presidential Palace to the Qandil in the early months of 2011 with an irreversible mark Mountain, I arrived at the same conclusion. As a on this era have engulfed Syria and reached as far as person who has been living with the Kurdish Question the gates of Turkey, creating a heated political climate for the last forty years, it was a reinforced in regions where Kurds are concentrated in Turkey. confirmation of a conclusion I had drawn so many During this process, I have increasingly become aware times before.
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