ANKARA -  In its statement on the framework law prepared as part of the Peace and Democratic Society Process, the ELDH called for democratic and legal reforms safeguarding Kurdish identity, language and cultural rights, as well as equal citizenship and the rule of law.   

 

The European Association of Lawyers for Democracy and World Human Rights (ELDH) issued a written statement on the “Law on Strengthening National Solidarity and Social Integration,” which entered into force after being published in the Official Gazette. Calling on Turkish authorities and Parliament to develop a comprehensive reconciliation process across the country, the ELDH said the process should be accompanied by democratic and legal reforms safeguarding Kurdish identity, language and cultural rights, equal citizenship and political participation.

 

The statement described the adoption of the law as significant in addressing the Kurdish question, stressing that the legislation is not an endpoint, but rather a beginning. It said: "Lasting peace requires a comprehensive reconciliation process throughout Turkey that goes beyond disarmament and reintegration and addresses the political, legal, democratic and social causes and consequences of the conflict. The present security-based framework must therefore be followed by measures that provide legal certainty, equal treatment and meaningful democratic participation. No prisoner, defendant or exile connected to the conflict and peace process should be left behind. Measures for release, amnesty, reintegration and legal resolution should be comprehensive and should also cover people prosecuted under criminal-law provisions other than anti-terror legislation, including speech-related and other politically motivated proceedings. The same principle should apply to those forced to remain outside Turkey.”

 

‘RIGHT TO HOPE’ ALSO HIGHLIGHTED

 

The statement also drew attention to the “right to hope” concerning Kurdish People’s Leader Abdullah Öcalan, stating: “Abdullah Öcalan’s situation remains relevant to the credibility and effectiveness of the process. In view of his central role in initiating and advancing the current process, his role should be formally recognized and he should be provided with the conditions necessary to participate fully and effectively in its further development. The question of the right to hope, for him and for others serving comparable sentences, must also be addressed in accordance with Turkey’s obligations under the European Convention on Human Rights.”

 

‘SIGNIFICIANT BUT FRAGILE’

 

The statement also stressed that lasting peace must be a positive peace, saying: “We therefore welcome the legislation as a significant but fragile first step. Its promise will depend on whether it is followed by inclusion, legal certainty, reconciliation, democratic reform and concrete measures in Turkey and Europe that transform the end of armed conflict into a sustainable and just peace.”

 

The statement continued:

 

“We therefore urge 

 

*The Turkish authorities and Parliament to develop a comprehensive reconciliation process throughout Turkey, accompanied by democratic and legal reforms protecting Kurdish identity, language and cultural rights, equal citizenship, political participation, freedom of expression and association, and the rule of law.

 

*The Turkish authorities to establish comprehensive and fair measures for prisoners, defendants and exiles affected by conflict-related or politically motivated proceedings, including appropriate release, amnesty, reintegration and legal-resolution mechanisms, and to address the right to hope in accordance with the European Convention on Human Rights.

 

*The Turkish authorities to formally recognize Abdullah Öcalan’s role in the peace process and ensure the conditions necessary for him to participate fully and effectively in its further development, as part of the broader framework applicable to prisoners and participants in the process.

 

*The European Union, within its legal competences, and European states, including EU member and non-member states, to support the peace process through concrete legal measures, including consideration of amnesty or equivalent mechanisms for imprisoned Kurdish activists and persons still facing conflict-related or politically motivated proceedings.

 

*European and Turkish authorities to review administrative and security measures imposed on individuals on the basis of alleged support for, or association with, the PKK. This should include entry bans, restrictions on residence or movement, deportation or exclusion measures, and comparable administrative restrictions imposed by Turkey as well as by European states. In light of the PKK’s decision to disarm and dissolve and the development of a formal peace process, such measures should be individually reassessed and, where their underlying security justification is no longer applicable, lifted or revised, with full respect for due process and effective remedies.

 

*Democratic forces, civil society organizations, lawyers, trade unions and human rights defenders in Turkey, across Europe and internationally to support measures that genuinely advance peace, reconciliation, equality, democracy and the rule of law."