Transnationalization of Human Rights Norms and Its Impact on Internally Displaced Kurds Author(s): Aye Betl elik Reviewed

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HUMAN RIGHTS QUARTERLY

Transnationalization

of

Human Rights Norms and Its Impact on Internally Displaced

Ay?e Bet?l ?elik
ABSTRACT

Kurds

This paper addresses the less researched topic of internal displacement

a human of human rights rights issue and issues analyzes and the the extent that from the transnational pressures regional organizations

as

ization

affected the rights of ethnic minorities, particularly internally displaced ethnic groups. In order to shed light on how much state sovereignty on
sensitive internal matters can be challenged by regional organizations, the

paper examines Turkey's efforts to join the European Community (through in the Council of Europe and the European Union) in light of membership its policies toward its internally displaced Kurdish population. Although
on the analysis focuses it also studies general cultural Turkey's rights, Kurdish and internal human displacement rights of problems, minorities, as an such this field, as minority rights, within the context of issue within

representation

Question.

I.

INTRODUCTION
lost its

control

For about a decade, scholars have argued that the nation-state has over economic, issues within social, and cultural political,

Ayse York

in political science Bet?l ?elik received her Ph.D. from the State University of New at Binghamton at Sabanci University in Istanbul, in 2002 and is an Assistant Professor She teaches science Her dissertation and conflict resolution. research on Turkey. political in Istanbul has appeared in several edited books. Her research areas Kurdish associations and conflict. forced migration, culture, ethnicity, The author would like to thank Robert L. Ostergard, and support to Jr. for his dedication this work. The author would also and Dene McArthur's like to acknowledge Od?l Celep support during the writing stage. include

Human

Rights Quarterly

27

(2005)

969-997

2005

by The

Johns Hopkins

University

Press

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HUMAN RIGHTS QUARTERLY

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civic organizations borders. Although and transnational social global movements in the issues affecting global citizens, have been more active toward nation increased pressure recently have regional organizations states with regard to issues that the latter traditionally consider as matters of concern. One such domain is in the area of human rights. domestic The transnationalization of human rights norms and movements has their monitoring indirectly resulted in international organizations increasing of states' policies toward Internally Displaced Persons (IDPs), the conflicts IDPs, and efforts resolving the conflict and resettling IDPs. This producing true in cases in which the majority of the IDPs has proven especially an ethnic minority within constitute that state. But to what extent has the of human rights issues and the pressures from regional transnationalization affected the rights of ethnic minorities, particularly when organizations they are internally displaced ethnic groups? To answer this question, an examina to tion of Turkey's efforts to join the European Community (through member in light of its policies of Europe and the European Union) the Council toward its internally displaced Kurdish population proves illuminating. This case in particular clearly illustrates the degree to which states still exercise a certain degree of control over human rights issues with regard to their own and to the internally displaced, ethnic minorities contrary to the assertions to do so. of those proclaiming the decline of the state's capacity can and This article proposes that the issue of internal displacement the human rights plane. A review of the literature should be studied within on the role of international and regional organization in forcing states to these issues focuses the with human rights standards concerning comply on how states breach human rights standards before, during, and discussion on In focusing the after internal displacement. internal displacement, is not that it is a qualitatively different human rights problem but argument that like any other human rights issue that the state claims sovereignty over, it is a matter that is difficult for states to reach consensus with international As with any other part of the world, organizations. consensus between Turkey and the European Community the local importance given to the issue. By using Turkey as a case study, this article makes what makes the harder to reach is that on

the argument

increasing pressures of regional and international organizations although state sovereignty more and more, states still human rights issues challenge as their internal matters as internal displacement treat certain issues such these pressures and discount such coercions. prove Yet, in some cases, in the sense that they make states accept certain rights and agree to effective remedies to those affected, even though these rights may not be fully in practice. From a pessimistic certain point of view, accepting protected seem still far away from the full human rights, at least on paper, might exercise of these rights. An optimist might, on the other hand, evaluate the give

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of certain rights as a step forward to that end. Taking a European acceptance a similar the Council of Europe, Pamela Jordan addresses organization, the characteristics that may lead a state to adopt her issue by examining Similar to policies consistent with the norms promoted by the organization.1 in has its privileges" this article argues that "membership Jordan's work, to conform to certain standards of human rights, but persuading members on whether the state is already a the success of the persuasion depends member or iswaiting to become one as well as the nature of the human issue at stake and the local importance given to it. rights to which certain international and This article discusses the degree mechanisms work for the improvement of human rights, and how regional in making states should be utilized the steps taken by these organizations with human rights issues by using Turkey as a case study. Although comply as an issue within the field of the analysis focuses on internal displacement human

human such as rights problems, rights, it also studies general the of minorities, within cultural rights, and representation minority rights, context of Turkey's Kurdish Question.

AND THE II. STATE SOVEREIGNTY TRANSNATIONALIZATION HUMAN RIGHTS OF

After the end of the Cold War, nation-states started to feel the effects of

organizations, community more powerfully the fore after the fall of the communist regimes. With violent ethnic conflicts all over the world, the international community initiated efforts to occurring as well as worked its appearance for post-conflict conflict before prevent on pressuring on nation-states reconstruction. These efforts concentrated and other similar cultural such issues as human rights practices, liberties,
issues.

international

and the global political regional organizations, than ever before. Human rights issues came to

itmay appear at first that states have begun to relinquish some of While to international this argument does not stand up their authority bodies, a stronger preference For governments with under closer for scrutiny. to international organizations ismuch more difficult2; accession autonomy, with international human thus, some states have limited their compliance In her analysis of the twenty-one conventions treaties. former and rights Soviet bloc countries, Jordan, following Virginie Guiraudon's work, argues

1. 2.

Have into the Council Its Privileges?: Entrance Pamela A. Jordan, Does Membership of 25 Hum. Rts. Q. 660 (2003). with Human Europe and Compliance Rights Norms, Rosemary Foot, Rights Beyond Borders: The Global Community and the Struggle over Human Rights inChina 2 (2000); Jordan, supra note 1.

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that the nation-state is the primary actor in determining the extent to which this sovereignty to conform to external pressure may be diminished by overcome human rights norms.3 States sometimes this limitation either by law that ignoring international pressures or by referring to international intervention to domestic matters. In particular, states international prevents cite Article (2)7 of the United Nations Charter, which prevents international in the domestic intervention affairs of states.4 Through these states' invoca tion of the UN Charter, organizations in detecting difficulties experience violations of human rights: "Those who herald the end of the nation-state all too often assume in the face of globalizing the erosion of state power and fail to recognize the enduring capacity of the state apparatus pressures to shape the direction of domestic and international politics."5 Despite is still the defining element of a state's international pressure, territoriality and power on any particular issue. "Blocking factors" such as sovereignty secessionist territorial integrity, or social movements, popular nationalism, to value structures may affect a nation-state's commitment and adherence human The international for example, is community, rights practices.6 the human rights practices of the strong currently frustrated in modifying such cases as examples Chinese of the international government. Viewing on bad human to challenge state sovereignty failure community's rights practices, one can cheer the long-lasting paradigm of the realists that the states are the ultimate territories and that their own sovereigns within means transnational forces do not have the and power to meaningfully states on human rights practices.7 challenge is, thankfully, an increasing belief that the international advocacy transnational social movements, and regional and international channel, in matters states even oppose organizations, through different channels, once considered A body of recent literature now exists on how internal. can be effective in forcing states in prevention mechanisms noncompliance There commitment to international human rights standards.8 International and

3. 4.

Jordan, supra note 1, at 660. in the present Charter The article states that "[n]othing contained shall authorize the are essentially to intervene in matters Nations which within the domestic United to submit to of any state or shall the Members such matters jurisdiction require U.N. Charter, art. 2, 1 7, signed 26 June 1945, settlement under the present Charter." into force 24 Oct. 1153 {entered 59 Stat. 1031, T.S. No. 993, 3 Bevans 1945). David Held, Political Theory Today 212 (2001). Foot, supra note 2, at 13. Theory of International Politics (1979); F.H. Hinsley, Sovereignty See also Kenneth Waltz, (2d for Power and Peace 3 ed. 1986); Hans J.Morgenthau, Politics Among Nations: The Struggle the realist paradigm). (5th ed. 1973) (explaining (Thomas See, e.g., The Power of Human Rights: International Norms and Domestic Change Risse et al. eds., 1999); Margaret in International Advocacy Networks Principled Issue-Networks, Beyond Borders: E. Keck & Kathryn Sikkink, Activists Politics Human (1998); Sikkink, Kathryn Rights, in Latin America, 47 Int'l Org. 437 (1993). and Sovereignty

5. 6. 7.

8.

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local pressure from NGOs, persuasion, shaming, and isolation can motivate states to comply with human rights understandings and practice.9 Kathryn Sikkink argues that state practices can also be transformed through material benefits such as trade benefits and military or economic aid, but these to take the if the leaders are unwilling benefits may not be effective to is also an increasing belief that access normative messages.10 There can motivate in international and regional organizations states membership with human rights standards.11 At the practical level, there have of state recently been attempts to reconstruct the traditional understanding on Intervention The Report of the International Commission sovereignty. and State Sovereignty emphasizes the need to recharacterize the concept of as responsibility. to control to sovereignty The from sovereignty sovereignty as responsibility on incurs extra responsibility introduction of sovereignty the state toward its citizens as well as legitimizes the practice of interna on the status quo of these responsibilities. in checking The tional bodies on 18 December on the threefold Commission's 2001 elaborates report to protect the safety and lives of this shift: a) state responsibility significance of its citizens; community commission toward its citizens and the international b) state responsibility for the acts of the UN; and c) state accountability through the ever-increasing and omission. The report also emphasizes international human rights norms and the concept of human to comply

of the sovereignty concept.12 remains to what extent the question international mecha However, are or have been in and reconceptualizations influential nisms, norms, states to comply, especially in areas that they consider sensitive or forcing untouchable? Within the context of this article's focus, the use of the state means as states often claim that IDPs are vulnerable argument sovereignty that such situations are internal matters. The remainder of this article will be to the issue of conflict-induced as a human dedicated internal displacement to address the issue, and the need for transnational mechanisms rights issue, to Turkey's actions and policies toward the the application of this discussion Kurdish population. it presents Turkey provides a good case study because both the issue of a strong state with a long-lasting ethnic problem and internal displacement and the issue of international pressures challenging this strong state fit the theoretical picture. The last section of the article recommends of human rights agreements improving Turkey's acceptance to join the European Community and examines whether Turkey's eagerness

impact of security on the reconstruction

9. 10. 11. 12.

See

Foot,

supra supra

Sikkink,

note 2, at 10; Keck & Sikkink, supra note 8, at 437.

note

8.

Jordan, supra note 1, at 660. International Commission on Intervention and State Sovereignty, The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty (2001).

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to improving the country's has actually contributed the internally displaced Kurds. concerning

rights practices

III. CONFLICT-INDUCED INTERNAL DISPLACEMENT: AN INTERNATIONAL MATTER? CONCERNOR AN INTERNAL

can happen due to economic, Internal displacements political, and environ reasons in both developing in states. "Displacement and developed in the Middle is primarily a result of failure of the economy, while Africa East it is due to the failure of the polity, and in the United States, of administration."13 conflict-induced internal displacement has However, in the developing been most common world during the process of state formation or as a result of efforts to keep nation-states Aristide homogenous. Zolberg et al. argues, as reported by Howard Adel man, "whereas all ages have witnessed people forced to move from their homes, refugees [includ

mental

They are not just forced ing IDPs] are a creation of the modern world. are part and parcel of the development In of the nation-state."14 migrants but most cases, is a result of conflict between internal displacement different and ethnic, ethnic groups or between racial, linguistic, or governments internal displacements caused religious minority groups. Conflict-induced to the state's active by the failure of the polity often are linked directly a side in the conflict in a conflict involvement (i.e., the state choosing its inability to perform its functions by failing to isolate through its policies), itself from incompatible interests, or its failure to take seriously or to even the nature of the conflict. comprehend can produce the Intrastate conflicts either refugees or IDPs, with crosses an international border. the migrant distinction resting upon whether the number of conventional the number of IDPs has surpassed Recently, In the 1990s, the number of IDPs started refugees by a ratio of two-to-one.15 to increase By 1997, the number reached "more dramatically worldwide. in at least thirty-five countries."16 Recent statistics indicate than 20 million of because have been that some 22 to 25 million internally displaced internal strife, armed conflict, and communal tensions.17

13. 14. 15. 16. 17.

in the and Conflict and Resettlement: Development Displacement Seteney Shami, Population Middle East 2 (1994). in and Displacement, See Howard Adelman, Globalization, Modernity, Refugees Refugees: Perspectives on the Experience of Forced Migration 83, 89 (Alastair Ager ed., 1999). at www.db.?dpproject.org/global_overview.htm#9. IDP Project, available The Global 1 (Roberta Cohen & Francis M. The Forsaken People: Case Studies of the Internally Displaced 1998). Deng eds., Erin D. Mooney, Principles Migration 82, 82 (2000). of Protection for Internally Displaced Persons, 38 Int'l

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both forced refugees and IDPs are results of coercion and thus, the mechanisms protecting the two should be the same.18 compulsion; in the agencies the two differ greatly because However, policies protecting international of the governing policies differ. In the case of refugees, charge Inmost cases agencies19 and the host state care for cases are considered "internal matters" has occurred dictates the displacement note here is that in the case of internal for IDPs, the the refugee problems; the internal and the state inwhich to An important distinction policies.

international refugee displacement, discrimination the hosting states do not laws protecting by refugees against remain within the borders of persons internally displaced apply because insist that they can handle issues by their home states. When governments their own means, persons are deprived of any interna internally displaced often affect migrants' Such circumstances tional material assistance.20

physical security and material well-being. Until about fifteen years ago, the issues of internally displaced people were in the international arena. The United Nations not even discussed for IDPs in 1992, and in 1997 the appointed protection implemented of the UN Secretary-General firmly brought the issue special representative to the modified United to the international human rights agenda. According are the persons or groups of the internally displaced Nations definition,
persons

who
armed natural

have been forced or obliged

residence, conflict, or human-made state

to flee or to leave their homes or places of

in order violations not crossed to avoid the effects rights of human an of, or

habitual

as a result of, or in particular, of generalized situations violence, disasters, and who have border.21

internationally

recognized

18. 19.

Persons 9 and Refugees: Toward a Legal Synthesis?, Luke T. Lee, Internally Displaced J. Refugee Stud. 27 (1996). are the to the Status of Refugees The 1951 Convention and its 1967 Protocol Relating that gave the UN High Commissioner for Refugees international documents basic the signatory (UNHCR) an international legal basis to protect refugees by establishing nations' obligations Relating to the for the protection and rights of refugees. Convention Status of Refugees, adopted28 JuI. 1951, U.N. Doc. A/CONF.2/108 (1951), 189 U.N.T.S. in 3 Weston Relating into force 22 Apr. 1954), reprinted III.G.4.; Protocol of Refugees, done 31 Jan. 1967, 19 U.S.T. 606 6223, T.I.A.S. No. 6577, 267 {entered into force 4 Oct. U.N.T.S. 1967) {entered into force for U.S. 1 Nov. 1968). that several cases exist in which Cohen international argues governments discourage IDPs remain beyond The and these the range of international activities. involvement, of these countries either do not acknowledge that there is a problem {i.e., governments the issue themselves India) or insist that they can handle {i.e., Myanmar, Algeria, 150 {entered to the Status in Turkey, Burma Internal Displacement India). See Roberta Cohen, Hard Cases: Turkey, 6 Forced Migration Rev. 25, 25-26 and Algeria, (1999). in Flight: The Global Crisis of Internal Displacement 18 (Roberta Cohen & Francis M. Masses 1998). Deng eds.,

20.

21.

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includes both those forced and those felt obliged to Thus, the definition The category leave their homelands. includes people affected by natural or human-made disasters as well as those fleeing conflicts and violence. The as individuals as victims definition of this groups as well recognizes a distinction which is crucial to understanding the role of the experience, state when is the conflict between the source of forced mobility groups, when the state is an the incapable actor, or when IDPs result from state-group through an governance rather guiding, conflicts. Although international of the than document introduction and definition of the concept is a significant step in the international Nations On

issue, the United

binding, principles. can and may documents albeit only to a certain

document contains mostly the other the existence of such hand, force states to comply with international norms, extent. in 1995, the Colombian For example,

to the Popula Assistance created the System of Comprehensive government as a public tion Displaced Violence and recognized forced displacement by issue. With the introduction of Law No. 387 on 18 July 1997, this policy of the steps and the specific responsibilities System set out the concrete recent reports by international organizations entities involved. However, to Colombia's for greater protection and assistance states to have themselves bound of many by IDPs creates certain problems, that address international documents par on the human issue is analyzed the internal displacement ticularly when As noted earlier, human rights practices on internal matters rights plane. still underscore the need IDPs.22 The reluctance have only mechanisms. compliance
sanctions.

and compliance by guidelines recently begun to be governed In the international environment, the most frequently used is mechanism for the problems of civil war and ethnic conflict
In recent years, the most practiced sanctions are economic ones,

is resorting to isolation international and, community increasingly, to encourage state compliance such as soft policies, by adopting policies access to international to prohibit and threatening "shaming" public the
organizations.

in In most cases, these compliance mechanisms may prove effective some regards. However, IDPs are usually the product of civil wars because or ethnic conflict, sanctions are useless if they have already been imposed a civil war or ethnic conflict issue. Of course, states still fall in response to back on the internal affairs argument with regard to sanctions over IDPs. cut across all phases of internal displacement Human rights violations because during and after internal displacement, physical insecurity and

22.

The Global

IDP Project,

Country

Information

Page:

Colombia,

available

at www.db.

idpproject.org/Sites/idpSurvey.nsf/wCountries/Colombia.

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can take place.23 Areas inwhich internal displacement material deprivation include the tragedy of being caught in the and human rights issues converge crossfire of armed conflict during the flight; inadequate shelter, food, and in the place of and opportunities medical care; denial of access to education in return and that may emerge and life and security problems destination; to human resettlement. According rights law, states have to "ensure the and dignity of all persons survival, well-being, subject to their territorial of the reports prepared by the Representative "human rights of the displaced with regard to Secretary-General life and personal security, personal liberty, equality and nondiscrimination, freedom of movement, subsistence, property and personal documentation, in third education and employment, land, family and community, asylum life."25 Following and return to normal these arguments and countries, some responsibilities of states emerge when internal displacement practices, jurisdiction."24 discuss is made part of the human of prevention rights plane: a) establishment for conflict-induced mechanisms b) the need to provide displacements; assistance during and after the emergency; c) protection of individual rights (the right to life, the right to property, etc.) during the forced movement; d) return of the IDPs; and e) the overall safe and voluntary and improvement of state institutions to guarantee and protect these rights. strengthening states are also obliged to protect During and after internal displacement, certain such as the right to life, the prohibition of torture and rights, treatment or punishment, the right to liberty and security, the degrading to a fair and public hearing, the rights to land and resource access, and right If internal displacement the rights to freedom of movement and residence. is a consequence to protect of an armed conflict, states carry the responsibility as their rights to freedom as well their citizens26 of movement and residence.27 However, in most circumstances, the challenges to state Mission

23. 24. 25. 26.

supra note 17 at 82. Mooney, Id. on UN Practice, Maria Stavropoulou, and Human 20 Displacement Rights: Reflections Hum. Rts. Q. 515, 531 (1998). to the Treatment 12 Aug. Convention Geneva of Prisoners of War, (III) Relative 1949, 6 75 U.N.T.S. U.S.T. 3316, 135 {entered into force 21 Oct. 1950) {entered into force for to the Geneva U.S. 2 Feb. 1956); Protocol Conventions of 12 August (II) Additional to the Protection of Non-International of Victims Armed Conflicts 1949, and Relating 609 into force 7 Dec. II) 8 June 1977, art 13, <H1, 1125 U.N.T.S. {entered in 16 I.L.M. 1442 (1977). 1978), reprinted 27 Nov. Universal Declaration of Human 1948, G.A. Res. 21 7A (III), Rights, adopted U.N. GAOR, 3d Sess. A/810 (Resolutions, (1948), pt. 1) at 71, art. 13, U.N. Doc. on Civil and in 43 Am. J. Int'l L. 127 (Supp. 1949); International Convention reprinted 16 Dec. 21st Sess., Political 1966, G.A. Res. 2200 (XXI), U.N. GAOR, Rights, adopted 171 {entered into force (1966), 999 U.N.T.S. Supp. No. 16, art. 12, U.N. Doc. A/6316 23 Mar. 1976). (Protocol

27.

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have been possible only in humanitarian sovereignty relief; however, cases states did not allow humanitarian exist inwhich aid to reach the affected to be one of internal affairs. because the issue was believed populations on how much To shed some the international and pressures light in changing state compliance, mechanisms work the case noncompliance in Turkey can be used to highlight the salient issues and themes of the Kurds involved.

IV. TURKEY AND KURDISH INTERNAL DISPLACEMENT

The Kurds have never existed as an independent political community28 and thus have been under the rule of others throughout their history?including the Sassanian, Safavid, and Ottoman Empires and the Turkish Republic. The and international treaties, such as the Treaty of Lausanne basic documents that shaped the legal foundations of the Turkish state only non-Muslim and Jews?as Armenians, registered groups?Greeks, officially minorities. Over the course of time, resentment grew among the recognized Kurds in Turkey who had rebelled against the Republic with the larger aim of carving out a separate Kurdistan within the territorial boundaries of the Turkish the first years of the Republic, several Kurdish During Republic. 1924 occurred. Of the eighteen rebellions that broke out between uprisings in Eastern Anatolia and sixteen involved Kurds.30 and 1938, seventeen were From the late 1930s through the late 1950s, Kurdish opposition to the subsided, but the pattern shifted in the late 1980s as a result of the regime in 1923,29

of the Partiya Karker?n Kurdistan (the Kurdistan Workers' emergence Party, PKK). The PKK launched its first attack on the Turkish state in 1984. In 1987, declared the PKK's attacks, the government rule in emergency following cities. Since then, the war between thirteen Kurdish-populated Kurdish lives.31 insurgents and Turkish military forces has claimed 27,000 and international organizations have gained some influence in Regional the aftermath of the cold war with the increase in intra- rather than inter state disputes. Violent ethnic conflicts broke out in rapid succession,

28.

29.

30. 31.

in today's is the short-lived, 1945 Mahabad The only exception December Republic to exist when Iran. The Republic ceased the Soviet forces and support, which the helped were withdrawn in December 1946. See David McDowall, foundation of the Republic, A Modern History of the Kurds (1997). 24 Jul. 1923, Turk.-Allies [Gr. Brit., Fr., Italy, Japan, Treaty of Peace with Turkey, 28 L.N.T.S. 11 [hereinafter, State], Greece, Rom., & Serb-Croat-Slovene Treaty of Lausanne]. and Turkey: An Example of a Trans-State Kemal Kiris,?i & Gareth Winrow, The Kurdish Question Ethnic Conflict 100 (Frank Cass ed., 1997). in Internally Displaced People: A Global Survey (Janie Hampton Kemal Kiri??i, Turkey, ed., 1998).

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to expand its role from post-conflict prompting the international community as well. to conflict reconstruction Scholars and activists are prevention in the belief that Europe represents the best examples of nearly unanimous the Council of Europe, the Organization (specifically, regional organizations in Europe, and the European Union) providing for Security and Cooperation human upon norms for implementing rights standards and for agreed state compliance.32 Scholars also point out the increasing monitoring in monitoring of regional and international organizations the engagement conditions of internally displaced people.33 These standards, compliance mechanisms have been the source of some tension issues, and monitoring between the European Community's political bodies and Turkey. In recent decades, Turkey garnered the attention of the international community with respect to human rights issues because of several issues, among which we can its treatment of the minority include Kurdish population. World attention and focused continued on the Kurds at the end of the Persian Gulf War in 1991 the 1990s with levels of forced throughout increasing from the Kurdish populated regions of eastern and southeastern

migration Anatolia. The conflict-induced internal displacement of the Kurds in the 1990s was the result of a) the evacuation of villages by the military, allowed by the 1987 emergency rule;34 b) the PKK's pressure against the villagers who do not support the PKK to abandon their villages; and c) insecurity resulting from being caught between the PKK and Turkish security forces.35 As a result to the nearest of this conflict, many Kurds left their villages and moved urban centers. A significant proportion of the population moved in the last as to to the periphery fifteen years,36 mostly of nearby cities as well

32.

in the Post-Communist World: Mobilizing International and See, e.g., Preventing Conflict Regional Organizations & Antonia Handler 1, 7 (Abram Chayes 1996); eds., Chayes in Preventing Connie Peck, Sustainable Peace: The Role of the UN and Regional Organizations 98 (1998); Connie Conflict in Preventing and Peck, The Role of Regional Organizations of Managing in Turbulent Peace: The Challenges International Conflict Conflict, Resolving et al. eds., 2001); Terence The Role of Multilateral (Chester A. Crocker Hopmann, in Conflict Resolution: The Case for Security of Organization and Organizations in Europe 2 (2002) Sabanci (occasional paper, Cooperation University, Program on and Resolution). Conflict Analysis See Mooney, supra note 17, at 87; Stavropoulou, supra note 25. In 1987, the Prime Minister a system of emergency established rule (OHAL) Turgut ?zal with a regional governor for most of the southeast. to control It aimed the region with strict state measures. also supported The system was by the village guard system of of civilian, Kurds to supplement in the the state's control pro-government See Michael M. Gunter, The Kurds and the Future of Turkey 61 (1997). Kiris.?i, supra note 31, at 198. as a traditional is characterized Southeastern Anatolia in region. Beginning agricultural the late 1960s, the region started to lose its population to the big metropolises as a result of increasing dominance of market mechanisms in the region. The rate of out-migration increased especially after the 1980s due to the conflict between the Kurdish insurgents thousands region.

33. 34.

35. 36.

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shantytowns surrounding It is estimated Adana.37

internally displaced.38 in six Eastern and Southeastern Anatolian Turkish Grand National Assembly, cities that were under the State of Emergency legislation (Diyarbakir, Hakkari, Siirt, ?irnak, Tunceli, and Van) and five nearby cities (Batman, and Mu?), 820 villages and 2,345 hamlets were Bing?l, Bitlis, Mardin, were forced to leave.39 and 378,335 evacuated, people to big cities such as Istanbul, Kurds migrated Internally displaced

Izmir, and big cities such as Istanbul, Ankara, 2-3 million that between have been people to a report prepared by a committee of the According

in the Western Anatolia and Adana and Mersin Izmit, and Izmir in Ankara, Mediterranean but there was also a village-to-city within region, migration the Eastern and Southeastern Anatolian regions. Many internally displaced of their lands, homes, Kurds did not know about the well-being and in their long periods of displacement due to the decrease belongings during were in the region. In the case of those whose conditions security villages access to the village was prohibited.40 evacuated, Some domestic and international organizations have argued that human have been abused during this displacement later process, which rights the focus of the international criticism of Turkey's became community's human rights practices. These organizations claimed that Turkey violated

and

through Anatolia

to boost economic the latest developments the Turkish military. However, growth a series of irrigation and development such as the GAP (Southeastern projects to attract toward the urban centers, and the in-migration Project) helped to increase again. See Bahattin Ak{)it urban centers began in Southeastern Anatolia: Some Findings of an Empirical Perspectives on Turkey 53 (1996). Thus, the region is losing its as a result of the conflict between cities in Western Anatolia on the one hand, and administrative the Turkish military are attracting people on the other hand, the urban increasing

in the population growth et al., Population Movements in 1993, 14 New Research to the big rural population the Kurdish insurgents and urban centers of the region 37.

38. 39.

of the region. population IIAlternatif Human Habitat Rapor: EsJt,?zg?r, Ayrymsyz Rights Association, Yerlef>im IIAlternative Residence) (Habitat Report: Right to Equal, Free, Indiscriminate Hakky (undated). Id. of the National of Turkey, Report of the Committee Grand National Assembly Assembly as a result of Evacuations in to Inquire the Problems of the Citizens, Who Migrated Commission and To Determine and Southeastern Solutions, Anatolia, Report 10/25 (9 Feb. 1997). of ?calan, the leader of the PKK, the government initiated a After the 1999 capture return program. in some villages The previous of Bing?l, habitants Bitlis, Tunceli, to return to their villages and Van are allowed if they sign a and Diyarbakyr, Batman, evacuated because of terrorism. indicate that their villages were form, and petition to be able to and public facilities these villages However, require a reconstruction there are still some minor the returnees. Although faced by these welcome problems Eastern No. returnees, international positive developments Humanitarian Situation (22 Mar. 2002). of Europe report reporters such as those assigned by the Council in the region. Council of Europe, Assembly, Parliamentary in Turkey, Doc No. 9391 of the Displaced Kurdish Population

40.

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the rights of the Kurdish IDPs not only in the areas of the rights to life and property but also by the state's inability to provide food, temporary housing, care.41 and medical into large cities and faced difficult The Kurds were displaced living conditions mainly because they had to leave the region with their families In contrast to without remained behind. any support from those who a living inwhich one individual usually first establishes voluntary migration, and brings the family to the city, these IDPs had no jobs or homes waiting a substantial in the cities.42 With for them and their families number of in big cities, the social and economic Kurdish migrants the between gap Kurds and "the others" became more obvious, with the former possessing assets (e.g., financial capital and education) fewer socioeconomic and less access to social and economic in part due to linguistic barriers.43 resources, Forced migration revealed this larger picture of inequalities existing in the the difficulties the IDPs encountered in big cities, the most society. Among in the mid-1980s, the range of significant was employment. Beginning for occupational and social mobility for migrants, once high opportunities in the 1960s and 1970s,44 shrank as unemployment rates increased and differentials widened.45 Combined with the resource access prob IDPs who lacked jobs, even through their informal networks, lem, many in their new environments. faced economic difficulties Also, the Kurdish IDPs faced not only economic but also social isolation. In marginalization terms of settlement, for example, the displaced Kurds were forced to choose different patterns from those who moved to Istanbul earlier. Most Kurdish came to Istanbul in the 1990s settled on the peripheries IDPs who of Istanbul either because of the lower rents or the opportunity to build an income

41.

in the Southeast, 8 Human Displaced Global afwww.hrw.org/reports/1996/Turkey2.htm; at www.db.idpproject.org/ available Page: Turkey, for Social Immigrants' Association Sites/ldpProjectDb/idpSurvey.nsf/wCountries/Turkey; and Culture Cooperation (Goc-Der), The Research and Solution Report on the Socio-Economic and socio-cultural of the kurdish citizens conditions llving in the turkish republic who are Forcibly Displaced due to Armed-Conflict and Tension Politics: The Problems They Encountered due to Migration and their Tendencies to Return Back to the Villages (2002). Sema Erder, Kentsel Gerilim 151 (1997). Some Kurdish do not speak Turkish, which their job affects women, IDPs, especially in the city. According to a survey done by GOC-DER, forced migration opportunities affected of Turkish "the citizens whose native is particularly Republic, language number of Kurdish IDPs in big Western Anatolian Kurdish," and there is a significant cities who note 41. only speak Kurdish (25.4 percent of the 2139 respondents); Goc-Der, supra and

See Turkey's Rights Watch IDP Project,

to Aid Policy (June 1996), available Information Country Failed

the Forcibly

42. 43.

44. 45.

Michael Growth

Danielson in Modern

& Ru$en Kele?, The Politics Turkey (1984). of Identity

of Rapid Urbanization. in Turkey, 17 New

The Government

The Emergence Ay?e Ayata, (1997). 59, 59-73

Politics

Perspectives on Turkey

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27

the authorities' taking notice. Such isolation can as social exclusion "is not necessarily consequences, significant is often the cause of a exclusion, equated with economic although this form can be multidi social exclusion wider suffering and deprivation/'46 Hence, informal dwelling have in cultural, economic, and political domains.47 mensional, with consequences that internally displaced Kurds require These findings demonstrate from the state because of the decreased special assistance quality of their as a result of the conflict in their home regions and that the living conditions to state should facilitate the necessary conditions for their return. According on Internal Displacement, Prin the United Nations Guiding Principles minors, expectant mothers, unaccompanied ciple 4, "children, especially female heads of household, mothers with young children, persons with and elderly persons should be entitled to special protection,"48 disabilities the Turkish state has been either unwilling or unable to assist Nevertheless, on this, however, to The state's position these people. recently began to comply with the norms of the with Turkey's increased willingness change integration European Community. Although Turkey's path toward European in the Council of Europe, more significant started earlier with membership for European Union membership steps were taken after Turkey's candidacy was accepted in 1999. Both cases will be analyzed further, as they affect the of the Turkish state toward its Kurds. policies

V. TURKEY'SLONG PATHTOWARDS EUROPEAN INTEGRATION

The for Turkey in terms of integrating into the a member of the European efforts to become Turkey's global community. in toward its minorities Union (EU) had an important effect on its policies before these efforts, and with the Kurds specifically. However, long general treaties to protect human Turkey signed several regional and international to which is a international documents Turkey rights. There are several of Human Declaration the Universal Rights,49 the signatory, including on Human Rights,50 and the United Nations Covenant Convention European 1990s marked a watershed

46. 47. 48. 49. 50.

Ali Madanipour, Madanipour Id. at 77.

Social et al. eds.,

Exclusion 1998).

and Space,

in Social

Exclusion

in European Cities 76

(Ali

See Mooney, supra note 17, at 90. 1153 See U.N. Charter, signed 26 June 1945, 59 Stat. 1031, T.S. No. 993, 3 Bevans into force 24 Oct. 1945). {entered and Fundamental for the Protection of Human See Convention Rights European 4 Nov. for signature 221, 1950, 213 U.N.T.S. Europ. T.S. No. 5 Freedoms, opened into force 3 Sept. 1953) ECHR]. [hereinafter {entered

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on Civil and Political Rights.51 Aside from these treaties, Turkey has also to be part of the Council of Europe.52 These bound itself with the obligations to some extent, have influenced treaties and regional organizations, the toward the Kurds and have influenced Turkish state's policies indirectly the from Kurdish-populated internal displacement country's policies concerning
regions.

In fact, the path Turkey had taken has been increasingly taken by others the end of the Cold War, when former Communist bloc countries to be part of the liberal democratic wanted Europe and its institutions. to Turkey's path draws parallels to theirs in terms of fulfilling the obligations it has been willing become an EU member, but it diverges slightly because since to be part of the process for a much to Jordan, the longer period. According to which states comply with and learn the norms diffused by these degree state to another. varies institutions from one She differentiates three of compliance: which includes those members that are not categories high, under the investigation of the Council of by the Parliamentary Assembly of Ministers, have generally complied with (PACE) or the Committee Europe and appear to actively promote democratic recommendation, which includes members that have shown progress medium, practice; their obligations to the Council toward fulfilling and commitments of but not enough to qualify them for the high-compliance and group; Europe, includes members that are being monitored low, which by the PACE the Council's because accession in their and commitments they failed to fulfill key obligations In Jordan's categories, until recently, fit into agreements. Turkey, the low compliance of Minister's of the Council monitor group because it is safe to argue that Turkey's recent moves in overcoming ing.53 However, an its human rights problems to become through fulfilling the obligations EU member it to one of the upper categories. In the next have switched section, a history of these improvements will be presented.

51.

52.

on Civil and Political See International Covenant 16 Dec. 1966, G.A. Rights, adopted Res. 2200 21st Sess., Supp. No. 16, U.N. Doc. A/6316 (XXI), U.N. GAOR, (1966), 999 171 {entered into force 23 Mar. U.N.T.S. 1976). was prepared Even though the Covenant in 1966, Turkey signed iton 15 August 2000 on Economic, Social and Cultural Rights. Even together with the International Covenant sent to the Assembly the draft was itwas for ratification later withdrawn. See though ve Birli?i'nde Korunmasi Ekinci, Avrupa Sorunu, Taryk Ziya Azynlyklaryn T?rkiye K?rtler (2001). of Europe is an intergovernmental The Council that aims to protect human organization in and to promote democratic rights, the rule of law, and pluralist democracy stability It has forty-five member to bounded themselves states, which, Europe. by agreement, of the rule of law, and to guarantee human respect the principle rights and fundamental to everyone freedoms their jurisdictions. under For further information about the see the Council of Europe webpage, at www.coe.int available [hereinafter objectives, Council

53.

Jordan,

of Europe's webpage]. supra note 1, at 663.

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A. The Council Turkey became to the Council

of the Council of Europe in 1949. Itsmembership led to the Turkish state's recognition of the Europe of human rights, at least on paper. Of the important documents protection for Turkey has signed as a member of the Council of Europe, the Convention the Protection of Human Rights and Fundamental Freedoms54 was one of to enforce the most significant. The signatories aim collectively the rights stated in the 1948 United Nations Universal Declaration of Human Rights. powers

formed three institutions, all of which had supranational that Turkey accepted: of Human Rights a) the European Commission (1954)55; b) the European Court of Human Rights (1959)56; and c) the Committee of Ministers of the Council of Europe. Among these bodies, the first two have recently been important to some Kurds who claimed that their institutions also serve as rights are violated by the Turkish state. These concerning institutions international actors in monitoring and actions Turkey's policies the rights of the internally displaced Kurds. Overall, these are concerned with Turkey's human rights practices. However, a up until now portion of these concerns significant regarded Turkey's treatment of Kurds in general and the Kurdish IDPs to a certain extent. important

The Convention

to international law, states have to protect the rights of their According If they do not comply with this rule, citizens have the right to resort citizens. to secure their rights. In early 1987, Turkey to the international agencies for the Protection of Human ratified Article 25 of the European Convention Freedoms,57 which provides the right of individual Rights and Fundamental
ECHR, supra note 50. of all the admissibility this international examined Until November 1998, body state in accordance with the European individual or state applications against a member on the violation on Human an opinion in Convention It expressed Rights. alleged no friendly settlement inwhich is reached. in cases found to be admissible applications by the European judges (as of April 2003) and states observe in the last instance, their obligations under the that contracting ensures, on a full-time basis. Id. Since November Convention. 1998, the Court has operated 1954 but recognized the right of individual ratified the ECHR on 18 May Turkey on 28 Jan. 1987. See Council of Europe, of Europe, Turkey and the Council petition at www.coe.int/T/e/Com/about_coe/member_states/e_tu.asp#Topofpage. available ... from states that "The Commission Article 25 of the Convention may receive petitions or group of individuals to be the any person, organization claiming nongovernmental Parties of the rights set forth in the victim of a violation by one of the High Contracting .... such a have made Parties who those of the High Contracting Convention not to hinder the in any way undertake individual [to recognize petition] for the Protection Convention of Human exercise of this right." European 4 Nov. art. 25, opened for signature 1950, 213 Freedoms, Rights and Fundamental at into force 3 Sept. 5 {entered available U.N.T.S. 1953), 221, Europ. T.S. No. declaration effective www.hri.org/docs/ECHR50.html. See Council of Europe's webpage, supra note 52. this is the only truly judicial organ in Strasbourg, Based on Human It is composed of forty-three Convention Rights. established

54. 55.

56.

57.

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petition domestic

of Human Rights after exhausting the human context, rights abuses in the the attention of international human rights agencies, mostly garnered case of Kurdish Members and internal displacements. of Parliament58 from the Turkish state on behalf of Several NGOs requested compensation Kurds who brought cases in Turkish those affected by village evacuations. to the European Commission resources. In the Turkish

courts for possible from the state failed to get any money. compensation of taken to the European Commission These cases were subsequently to the Human Rights. There have been approximately 1,500 applications European Court of Human Rights related to the breach of several articles of on Human Rights.59 the European Convention on in violation of the European Convention Most of these were cases Human 2 (right to life), 3 Rights, Articles 5 (right to treatment or punishment), degrading to fair and public hearing), 8 (right to respect 14 (prohibition remedy), (right to effective of torture and (prohibition and security), 6 (right liberty private and family life), 13 of discrimination), and 18

shall only be applied for prescribed purposes).60 (restrictions under convention role in breaking Sikkink argues that domestic NGOs play a significant to the international human rights abuses off state sovereignty by publicizing and these NGOs then pressure states to correct them.61 In the community, institutions became more Turkish case, the European important for those

58.

16 June 1994, court banned DEP. Its thirteen the Constitutional the pro-Kurdish deputies were immunity, and seven who did not flee abroad stripped of parliamentary were treason and put in jail. The MPs Turk, Diele, Do?an, Sadak, and charged with a three-year Zana were and Sakyk received sentences, sentence, given thirteen-year of an armed group. The trial and charges based on the claim that they were members from the world's leaders and against the MPs attracted a great deal of attention political On media. came to of international Many representatives organizations nongovernmental Parliament and Amnesty International asked Turkey to support the MPs. The European was clear: the MPs were for their release. Yet, the decision found guilty. in domestic to the all possible solutions law, the case was Exhausting brought v. Turkey, App. No. 27100/95, in 1995 (Case of Sadak and Others Eur. European Court Ct. H.R.). Finally, on 1 7 July 2001, the case was resolved and the Court decided that the in Ankara, which not an "independent State Security tried the MPs was and Court the principle 6 of the of fair trial under Article impartial" tribunal and that it violated the Court awarded European Court of Human Rights. Under Article 41 (just satisfaction) to each applicant for damages. the four MPs) $25,000 (namely in June 2004, After the abolishment of State Security Courts these PMs were released. on a Turkish the release came the same day of first the Kurdish broadcast Interestingly, TV channel. institutions welcomed these two developments. European See specifically numbers and 8815-8819/02. See 2004 8803-8811/02 application final at 50, COM(2004)656 Accession, Regular Report on Turkey's Progress Towards at http://europa.eu.int/comm/enlargement/report_2004/pdf/rr_tr_2004_en.pdf. available See ECHR, supra note 50, arts. 2, 3, 5, 6, 8, 13, 14, 18. For a detailed analysis of these see the Kurdish and other Human at available cases, Project's Rights webpage, www.khrp.org. Sikkink, supra note 8, at 414.

59.

60.

61.

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thought that their rights were violated by the Turkish state. In in the several Kurdish associations and foundations, founded particular, to 1990s to defend the rights of these Kurds in European courts, applied these institutions more often after the 1990s, when forced evacuations led them to leave their homes Toplumsal Hukuk Ara$tirmalan involuntarily. for Social Jurisprudence Researchers, Vakfi (The Foundation TOHAV) is one issues such as Turkey's alleged of these foundations human dealing with Kurds who individuals. TOHAV provides lawyers, against Kurdish rights violations in Turkish courts, and takes cases to the European Court of opens cases in domestic Human Rights if all avenues courts have been exhausted. The European Court of Justice has also been influential in affecting the of the new of the losses law on compensation possible implementation in the region. A recent decision of the Court from the conflict an to the Turkish state that the burden of proof in cases inwhich signaled IDP makes a claim for his or her property without lies any proof of property with the claims of the state that there is no proof of the state.62 Against arising "had unchallenged the Court decided that the applicants rights ownership, over the common lands in the village and earned their living from breeding resources and the revenue the livestock and tree-felling. Those economic for the purposes of derived from them qualified as 'possessions' applicants Article 1 of Protocol No. 1 ."63 associations Grassroots from the Kurdish-populated regions, identity and human also play a based Kurdish associations, rights organizations to the attention of international such cases crucial role in bringing these regions, Some locally based associations representing organizations. or in directing them to other associations assist their members for example, to law firms that can find them lawyers to take their cases to the European Court of Human Rights. Whether through NGOs or individual applications, the issue the bodies of the Council of Europe began to influence somewhat In the late 1990s, the vocabulary of the of Kurdish internal displacement. that their rights into the lives of those who believed Court entered European had been violated. The Council of Europe's exertion of influence also has been evidenced its visits to the Kurdish-populated regions and reports on the through in Turkey."64 Kurdish population situation of the displaced "humanitarian
62. Dilek ment of Turkey's Problem of Internal Displace Evaluation Kurban, Legal and Practical in TESEV's Working (Jan. 2005) paper presented Group on working (unpublished v. Turkey, App. Nos. 8803-8811/02, and Others Internal Displacement), citing Dogan 8815-8819/02 (2004) (Eur. Ct. H.R.). 8813/03, in the Case of Press Release, Court of Human Rights, Chamber Judgment European v. Turkey at www.coe.int/T/D/ and Others available (29 Jun. 2004), Dogan

63.

64.

Kommunikation_und_politische_Forschung/Presse_und_Online_lnfo/Presseinfos/P2004/ 20040629-GH-Dogan.asp. of Europe, supra note 39. Council

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on the Iraqi Kurdish refugees65 and Kurdish its recommendations Through the Council of Europe tried to improve the lives of the Kurds affected IDPs,66 Itsmost recent report indicates "positive developments by forced migration. in the humanitarian situation of the displaced Kurdish population"67 and a view asks for "additional international financial assistance to with in the southeastern economic of Turkey"68 to development part fostering help resettlement of the internally displaced.

B. Turkey and the European Although influence

Union

some less directly but more powerfully, the EU69 has exercised in Turkey's policies toward the internally displaced Kurds, specifi of the conflict and resettlement cally toward the cultural component For years, Turkey sought membership in the EU; finally, on 11 problem. December 1999, the European Council of the EU, in the Helsinki Summit of to include Turkey in its enlargement December list by 1999, decided its status from applicant to candidate.70 Turkey had to undertake elevating some political and economic reforms, however, for those accession negotia tions to begin. Since December 1999, Turkey has paid careful attention to its that most concern the EU. This attention, and the subsequent in the last EU Summit, held on 16 changes, brought about a partial success policies

65. 66. 67. 68. 69. 70.

the European Union at available webpage the EU webpage). (hereafter, www.europa.eu.int efforts to join the European Community (EC) goes back to 31 July Officially, Turkey's it applied to EEC membership 1959 when after Greece. 12 September On immediately it signed an Association with the EC, the Ankara Treaty, to become an 1963, Agreement was associate Its association member. in 1970, it applied and for full expanded on 14 April 1987. The protocol in 1970 in laid down basic objectives membership relations with the EU, such as the continuous and balanced of Turkey's strengthening trade and economic relations and the establishment, in three phases, of a customs union. was turned down for full EC membership in 1989 with the claim Turkey's application a member. that the country was not ready to become Instead the Commission suggested the operation of the Association and the realization of a customs Agreement union, a reality on 6 March which became 1995 as the Customs Union Agreement (CUA) and in effect in 1996. See Meltem M?ft?ler-Bac The Never-Ending put Story: Turkey and the 34 Middle Eastern Stud. 240, 241 (1998). European Union, the establishment of a customs union between and the EU Although Turkey awakened 1997 during its Luxembourg hopes on the side of Turkey, on 12 December the European not to include Turkey Council decided in its enlargement Summit, after which Id. reacted severely. process, Turkey

See Council of Europe, Recommendation Kurdish population and other persecuted See Council of Europe, Recommendation Kurdish refugees and displaced persons Council of Europe, supra note 39, at 1. Id. came The information from following

1150 of the Iraqi (1991) on the situation minorities. 1377 (1998) Humanitarian situation of the in South-Eastern Turkey and Northern Iraq.

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the European Council called on the and 17 December 2004, during which to present a proposal for a framework for negotiations, Commission which are expected to start on 3 October 2005 and to last at least a decade. for starting the EU accession The conditions process (acquis negotiation states are set forth in the Copenhagen with candidate communautarire) in the Copenhagen of June European Council Meeting to the Copenhagen states must fulfill Criteria, candidate criteria them were political indi and criteria.72 Among rectly affecting the issues related to Turkey's internal displacement policies Of the political standards, respect and its approach to the Kurdish Question. for the principle of the rule of law and for minority rights serves as a crucial In the December 1997 Luxembourg part of the basis for compliance. to prepare the European Council asked the European Commission Meeting, countries.73 The Commission progress reports on the candidate Progress Criteria, adopted 1993.71 According several standards to the Reports of 1998, 1999, 2000, and 2001 presented Turkey's adherence Criteria as an important criterion to conditions of the Copenhagen political start the accession negotiations.74 on the eligibility of each 1997 opinions The European Commission's candidate clearly state that "observance of human rights is part of the acquis Within the EU was communautaire/'75 the context of the Kurdish Question, most and the Anatolia. about human rights abuses, cultural rights of minorities, in eastern and southeastern removal of the State of Emergency to the structural Overall the Commission paid special attention in Turkish democracy. These problems were so central to the EU's problems candi that when Turkey was included to the EU's enlargement decisions decisions the need for the list in 1999, the Council's emphasized dacy to the political conditions: commitment concerned

71.

European 180/1/93

of the Presidency, in Copenhagen Council (21-22 Jun. 1993), Conclusions at httpv7ue.eu.int/ueDocs/cms_Data/docs/pressData/en/ec/ Rev 1, available

SN

72.

72921.pdf. in May the into force of the Treaty of Amsterdam the entry 1999, Also, through as a constitu at Copenhagen have been essentially enshrined criteria defined political Version in the Treaty on European See Consolidated of the Union. tional principle on at http://europa.eu.int/eur-lex/en/treaties/dat/ available Union, Treaty European .html. C_2002325EN.000501 stable institutions governing standards: These standards include: 1 )political democracy, of a the existence standards: the rule of law, and respect for human rights; 2) economic to cope with and the capacity market 3) pressure; economy competitive functioning the ability to take on the obligations of membership standards: including compatibility union. See M?ft?ler to the principles and monetary of political, adherence economic, Bac, supra note 70, at 241.

73. 74. 75.

in Luxemburg (12-13 Dec. 1997), Presidency Conclusions, European Council at http://ue.eu.int/ueDocs/cms_Data/docs/pressData/en/ec/032a0008.htm. 24, available on Turkey's from the Commission Commission, European Report Regular Toward Accession 1999, 2000, & 2001). (1998, 2000. European Union, Agenda

Doc/97/ Progress

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Building on the existing European strategy, Turkey, like other Candidate

will benefit from a pre-accession strategy to stimulate and support

states,

its reforms.

This will include enhanced political dialogue, with emphasis on progressing toward fulfilling the political criteria with particular reference to the issue of
human rights.76

In some cases, the pressures on Turkey were effective even before these For example, the acceptance of the Customs Union on 13 developments. 1995 took place and the European after many December debates,77 the neces should continue Parliament78 stated that the Turkish authorities and that the financial aid enabled of reforming the constitution sary process through the Customs Union could be frozen if human rights deteriorated.79 More the European Parliament asked Turkey to progress toward specifically, the its Kurdish problem, along with other issues such as changing solving as 8 of the Anti-Terror 1982 Constitution80 Law81 as well and Article improving the positions of the MPs from the pro-Kurdish DEP and fostering better human rights practices.82 The ratification process was nearly rejected

by the European Parliament because Turkey did not note any improvement in reforming laws on matters relating to human rights and the "Kurdish some articles in the constitution were modified to problem."83 However, such as Article 8 of the Anti-Terror Law,84 broaden political participation, no improvement was in October 1995.85 However, which was softened made concerning the case of the Kurdish MPs. These improvements were satisfactory enough for the European Parliament to ratify the Customs Union in 1996.86 Yet, paradoxically, these events, on 17 January 1996, following

76. 77.

in Helsinki Conclusions. Cf. Meltem (10-11 Dec. 1999), Presidency European Council Enlarging the European Union: Where Does Turkey Stand? 18 (2002). M?ft?ler-Bac, VI Decision No 1/95 of the EC-Turkey Association European Commission, Competition, Union 1995 on implementing of 22 December the final phase of the Customs Council (CE-TR 106/1/95). a stronger one with The role of the European became Parliament the Article O of the in 1992. The Article stated that "Any European State may apply to Maastricht Treaty a Member It shall address to the Council, its application of the Union. which become shall act unanimously after consulting the Commission and after receiving the assent of which shall act by an absolute the European of its component Parliament, majority members added) available (emphasis afwww.europarl.eu.ini. Turkish Daily News (14 Dec. See generally 1995). Turk. Const, Anti-Terror of Law, Law No. 1982, Official Gazette, art. 8 (Turk.). See No. 3713, available afwww.mfa.gov.tr. supra note 70, at 248-50. 2709 also (9 Nov. Republic 1982). of Turkey, Ministry of

78.

79. 80. 81. 82. 83.

Foreign Affairs, See M?ft?ler-Bac, See Council of Europe's webpage; Union: Turkey and the European Politics: An Emerging Multiregional Anti-Terror Law No. Decision Law, No. 3713, 4126 (Turk.). No.

Hale & Gamze Gunter, supra note 33; William Avci, The Long Road to Membership, in Turkey in World Power (Bary Rubin & Kemal Kiri??i eds., 2001).

84. 85. 86.

art. 8 (Turk.). 1995 on

implementing

Council of 22 December 1/95 of the EC-Turkey Association Union the final phase of the Customs (96/142/EC).

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to award Leyla Zana, the only female the European Parliament decided to Turkey.88 The Kurdish MP in prison, the Sakharov Prize87 as a warning to warn Turkey about its practices and its decision European Parliament's vote in 1997 to force the Turkish government to grant general amnesty to and to start negotiations for a possible solution with all Kurdish political organizations, including the PKK,89 frustrated the Turkish state. Following at the Luxembourg these events, Summit of the European Council in 1997, EU officials did not include Turkey in their plans for future and stressed the need for economic and political reforms as enlargement well as for the improvement of Turkish-Greek relations as conditions for the EU-Turkish relationship. One of the political conditions strengthening mentioned by the EU was the improvement of human rights practices and of December the treatment reacted of its Kurdish minority, a condition to which the Turkish state harshly.90 Summit of December the Helsinki 1999, which Following granted status as of November 2000, the EU issued an Accession Turkey candidate (ADP) with a list of issues that Turkey had to address. Partnership Document issues dealt mainly with minority in rights, torture, the role of military and the Cyprus issue. Turkey adopted its National for politics, Programme inMarch 2001, which of the Acquis resulted in the enactment of Adoption new laws and amendments to ninety-four in order to, others eighty-nine inter alia, "improve Turkey's human rights and bring the country's inflation to European standards."91 prone economy up As part of harmonizing its laws with the European norms in the process on for the adoption of the acquis, Turkey signed the 1969 UN Convention a the Elimination of All Forms of Racial Discrimination, albeit with reservation to Article 22 to the effect that cases involving Turkey can only be referred to the International Court of Justice with the state's consent,92 and These

87.

The

Andrei means

88. 89. 90. 91. 92.

Prize for Freedom of Thought, named after Soviet scientist and dissident as a in December 1985 by the European Parliament Sakharov, was established to honor individuals or organizations that had dedicated their lives to the defense on or around It is awarded of human 10 December, the annually rights and freedom. Nations the United Universal Declaration of Human day on which Rights was signed. Ihsan D. Dagi, Insan Haklary: K?resel Siyaset ve T?rkiye 130 (2001). Sakharov Id.

19 SAIS Rev. 1 (1999). Birol A. Yesjlada, The Worsening of EU-Turkey Relations, 123 (2002). Turkey, 40 Int'l Migration Philip Martin et al., Best Practice Options: on the Elimination Convention International of All Forms of Racial Discrimination, 21 Dec. 195 {entered into force 4 Jan. 1969), reprinted in 1965, 660 U.N.T.S. adopted 5 I.L.M. 352 (1966). Article 22 reads: "Any dispute between two or more States Parties or application with is not settled of this Convention, which respect to the interpretation or by the procedures for in this Convention, shall, at expressly by negotiation provided the request of any of the parties to the dispute, be referred unless the disputants Justice for decision, agree to another to the mode International Court of settlement." of

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in Proceedings of the European Agreement Relating to Persons Participating for the European Court of Human Rights.93 Following the Council's decision the the Accession Strategy for Turkey, on 26 March 2003, Strengthening its National modified Programme with the intent to sign the government International Covenant on Civil and Political Rights,94 its optional protocol, on Economic, Social and Cultural Rights;95 and the International Covenant on Human to ratify Protocol No. 6 of the European Convention Rights regarding the abolition of the capital punishment;96 and to comply with the for the Protection of Human Rights judgments of the European Convention the judgments of the European and Fundamental Freedoms, particularly In fact, the European Court of Human Rights (Section IIof the Convention).97 Commission criticized Turkey's failure to execute judgments of the Euro on Human Rights, referring specifically to ninety cases in pean Convention which cases Turkey did not ensure the payment ordered by the Court and eighteen inwhich the authorities did not erase the consequences of criminal in the exercise of freedom of the Convention for violating convictions also warned The European Commission expression. Turkey to respond to

demands the Committee of Ministers' regarding the situation of the Kurdish ex-MPs mentioned previously. On 13 December 2002, the Copenhagen European Council Summit left as the only applicant with no specific date to start the country Turkey

93.

to Persons in Proceedings Participating European Agreement Relating into force 17 Apr. Court of Human Rights, ETS No. 067, entered

1971,

of the European at available

94.

95.

96.

http://conventions.coe.int/treaty/en/Treaties/Html/067.htm. on Civil and Political 16 Dec. International Covenant 1966, G.A. Res. Rights, adopted 21st Sess., Supp. No. 2200 (XXI), U.N. GAOR, 16, U.N. Doc. A/6316 (1966), 999 171 {entered U.N.T.S. into force 23 Mar. 1976). on Economic, 16 Dec. International Social and Cultural Covenant Rights, adopted 21st Sess., Supp. No. 16, U.N. Doc. A/6316 (XXI), U.N. GAOR, 1966, G.A. Res. 2200 3 {entered into force 3 Jan. 1976). (1966), 993 U.N.T.S. No. 6 to the 1950 European Convention of Human Protocol for the Protection Rights at E.T.S. 114, entered into force 1 Mar. and Fundamental 1985, available Freedoms, wwwl .umn.edu/humanrts/euro/z25prot6.html. no executions in Turkey, 1984 there have been exercised the Even though since Turkish offenses: war with for the death penalty for nine different recently, provided with a state at the territorial integrity of the state, collaboration to overthrow the existing constitutional system by attempts Turkey, espionage, rebellion the government, the cabinet from performing force, armed against preventing to revolt and to kill one to its functions, the people another, inciting attempting Code, crimes against 1926) Penal until

97.

Law No. 765 (1Mar. See Criminal the President, and aggravated homicide. to abolish and to the resolution (Turk.). The GNAT passed capital punishment on 3 August it with remission and signed without life imprisonment 2002, replace on Human 6 of the European Convention Protocol (14 July Rights. See Law No. 5218 2004) (Turk.). to Commission Communication of the European Communities, from the Commission See also the Accession the Council, Brussels 2003. Strategy for Turkey, Strengthening assassinate www.abhaber.com.

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accession Council

the Summit resolved that if the European However, negotiations. in December 2004 decides that Turkey fulfils the Copenhagen from the Commis Criteria, on the basis of a report and a recommendation with Turkey "without open accession sion, the EU would negotiations in power accelerated the summit, the government its delay."98 Following its domestic efforts to pass the necessary laws to harmonize laws with the in a partial success in the 16-17 resulted standards, which European in Brussels.99 2004 European Union meeting December recent political these shortcomings, Notwithstanding developments, initiated through new laws and constitutional have amendments, especially to bear positive developments the potential for Kurds in general and the Kurdish IDPs in particular. Because the conflict between the Turkish army or at least has decreased in intensity and the PKK seems to have diminished, since the capture of PKK leader Abdullah ?calan, the new legislation might offer better opportunities for the Kurdish IDPs. One such item of legislation that indirectly affects the lives of Kurds in general covers linguistic rights. As mentioned earlier, linguistic barriers have been a problem for Kurdish IDPs. in other The Grand National Assembly of Turkey has accepted broadcasting mother tongues besides Turkish and has eased bans on languages other than Turkish.100 For the first time in the history of the Turkish Republic, the

98. 99.

(12-13 Dec. 2002), Conclusions, European Council Copenhagen Presidency at http-//ue.eu.int/ueDocs/cms_Data/docs/pressData/en/ec/73842.pdf. available 15917/02, Dec. Brussels Council (16-17 2004), Conclusions, European Presidency at http://ue.eu.int/ueDocs/cms_Data/docs/pressData/en/ Rev. 1, available 16238/1/04

Doc. Doc.

No. No.

100.

ec/83201 .pdf. of the Acquis The National for the Adoption Program (adopted on 8 Mar. 2001 ) used the as in native in native rather than education language "teaching language" phrase Even though foreseen the new article allows by the accession partnership. learning in private courses in and broadcasting and accents) Kurdish (and other mother tongues in such areas. For example, strict control Kurdish, the state will still be able to exercise television and will be the Kurdish TV programs will only be broadcasted by public limited in content. Article 4 (as amended by the Law No. 4756 on 21 May 2002 and by Law No. states 4771 on 9 Aug. 2002) of the Law of the Radio and Television Supreme Council that

in the different languages and dialects used traditionally by Turkish there may be broadcasts citizens in their daily lives. Such broadcasts shall not contradict the fundamental principles of the in the Constitution and the indivisible integrity of the state with its Turkish Republic enshrined territory and nation. The principles and procedures for these broadcasts and the supervision of these broadcasts shall be determined through a regulation to be issued by the Supreme Board. 5ee available Radio and Television Supreme Council, The content of the private courses offering Kurdish limitation to these courses the state. The most serious aiwww.rtuk.org.tr. lessons will also be determined was brought by limiting who

by the

those who did not finish their eight attendees could be: those under the age of eighteen, cannot and those who do not know Turkish attend these years primary education, courses. the courses with garments that have yellow, is attending Also prohibited red, the PKK. See and green together, the banner of the Kurdish armed group, representing Sabah (18 Sept. 2002).

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those defined by the Lausanne languages and cultures of groups outside limited. Treaty101 have found a public voice, however the first private Kurdish schools opened their Following these decisions, in April 2004 in the two Kurdish-populated cities in the doors to students regions affected by the conflict.102 In June 2004, the same day that the first Kurdish broadcast appeared on Turkish state television, the Appeals Court ordered the release of the four Kurdish MPs, a decision highly welcomed by in Turkey and high officials within the EU.103 However, human rights NGOs the Court of Cassation of 14 July 2004 decided for re-trial of the four. In June 2004, a state-owned the first TV channel broadcast television program in five of the non-Turkish spoken in Turkey, two of which languages even though the new article allows are dialects of Kurdish. However, in private courses learning Kurdish (and other mother tongues and accents) in Kurdish, the state will still be able to exercise strict and broadcasting in such areas. For example, control Kurdish TV programs will only be broadcasted by public television and will be limited in content.104 Accord even though these legislative to many Kurdish NGOs, reforms have ing made steps towards granting rights to Kurds, such rights are far from being realized due to the restrictive regulations.105 fully to Of course, the clearest direct legislative effect of Turkey's eagerness the EU came with the gradual removal of the State of Emergency rule in join

in Eastern and Southeastern Anatolia. thirteen Kurdish-populated provinces in the national NGOs dealing with the return still note problems However, return migration to the villages that have been evacuated the security by violations undertaken by village guards.106 forces, especially

101.

102.

103.

Lausanne Treaty signed between the occupying in 1923, which allies and Turkey of the new Turkish Republic, the legal foundations shaped registered only non-Muslim and Jews as recognized minorities. groups such as Greeks, Armenians, in two cities There are two regions affected in but the schools by the conflict, opened one of the regions affected In Turkey, is an administrative unit by the conflict. region (like a city). EU High Press Release, for the CFSP, Welcomes the Javier Solana, Representative of Leyla Zana Release Doc. No. (9 Jun. 2004), S0162/04, by Turkish Authorities a vailable at http^/ue.eu. i nt/ueDocs/cms_Data/docs/pressData/en/declarations/80900.pdf. art. 4, as amended and Television Supreme Council, by Law No. 4756 available (21 May 2002) and Law No. 4771 (9 August 2002), afwww.rtuk.org.tr. to OSCE: Kurds as a National Presentation in Turkey, Kurdish Human Rights Minority at 3, available at www.khrp.org/newsline/newsline28/ Project Newsline, Winter 2004, newsline28.pdf. The village guard system was established Law No. by the state in 1985 (Law on Villages, Law No. 442). Law No. 442 asked for the establishment of the village 3162; guard "to protect the integrity, life and property of everybody." Itwas composed of system around 60,000 civilian pro-government Kurdish militias against the PKK in the guarding on the G?c-Der conflict-affected available website, regions. See also various newsletters at www.gocder.com. available Law of the Radio

The

104. 105.

106.

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One of the criticisms Turkey received from the European Commission the years was that it did not provide the necessary legal and economic to the conflict-affected IDPs' return migration infrastructure to facilitate areas in Eastern and Southeastern Anatolia. Attempts such as the 2003 Law on Integration to Society and the Return to Village and Rehabilitation initiated by the government did not bear significant results. Program in Spring 2001, the government criticisms, European Union's Following submitted to the cabinet a bill on compensation for harm caused by acts of over terrorist organizations and from measures taken by the state in the struggle on the basis of against terror.107 The bill aimed to provide compensation assessments of deputy governors, commissions, composed by multilateral government which was The law, of the bar association. servants, and members on 17 July 2004, has still not been approved implemented. even in the way the law was set up, many NGOs directed their civil

However, to the law's lack of comprehensiveness it criticisms (due to the restrictions in implemen set on who can receive compensation) and possible problems in his visit to Turkey, Walter tation.108 Yet, on the other hand, Kalin, on the Human of the UN Secretary-General Representative Rights of his satisfaction with the willingness Persons, expressed Internally Displaced shown by interlocutors to approach the problem with an open mind. Even are needed (e.g. the high though noting several areas where improvements rate of applicants, time framework) and behind scheduled rejection falling an extension date for compensation, Kalin of the application suggesting the of waiting for the strategy document underlined the importance will finish soon.109 Previous efforts initiated by the government government IDPs to their homes.110 could only lead the return of around 124,218 efforts to join the European Union bore eight sets of reform Turkey's a total of the Grand National Assembly actualized packages, through which 261 new including laws between of freedom October expression, 2003 and freedom July 2004.111 In several areas, freedom of of association,

107. 108.

5233, Deniz

From Terror and Combating Law on Compensation for Damage Terror, Law No. Arising in Official 2004. No. 25535 Gazette (17 July 2004), put in force 4 October in Diyarbakir: Latest Situation in the Problem of Internal Displacement Yukseker, from Internal Displacement of Law No: 5233 and Problems Arising Implementation on in TESEVs Working (Feb. 2005) paper Group presented (unpublished working

109.

Internal Displacement). of the UN Nations United Release, Representative Programme, Development on the Human Persons Sees New Hope Secretary General Rights of Internally Displaced in Turkey (9May 2005), available Persons for the Internally Displaced afwww.undp.org.tr/ Press PressRelease_9may05.asp. 2004 Regular Report on Turkey's Commission of the European Communities, Progress at http://europa.eu.int/comm/ final at 51, available Towards Accession, COM(2004)656 enlargement/report_2004/pdf/rr_tr_2004_en.pdf. Id. at 20.

110.

111.

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(such as in the judicial system), major religion, and legislative organs on paper. However, that most laws have took place considering changes and that previous but have not been put into practice been approved in Eastern and such as the State of Emergency practiced regulations, have left a bitter legacy, one must be cautious of the Southeastern Anatolia,
possible outcomes.112

VI. THE ROLE ORGANIZATIONS IN FURTHERING OF REGIONAL THEHUMAN RIGHTS DISPLACEDPEOPLE OF INTERNALLY
issue of international Using Turkey as a case study addresses the conceptual issues. However, pressure changing a state's internal behavior on sensitive as to what extent these pressures can shift state the question answering to comply with international human rights standards still requires policies have recently elaboration. Local, regional, and international organizations their populations, started to argue that if states deliberately displace subject them to starvation, and fail to protect them from abuse, these states should in cases in which these states are be held accountable. Furthermore, basic human rights during and after the displace incapable of providing and international should gain access for ment, organizations regional new relief. In either situation, humanitarian international understanding actors that there should be limits to sovereignty. Transnational emphasizes are constantly state sovereignty in the area of human rights: challenging and member mechanisms, directly through guiding principles, monitoring and indirectly through pressuring them to sign treaties that ship conditions; if the majority the civil, political, and cultural rights of minorities guarantee is an ethnic minority within of the affected population that state. is one of these countries, the effects of increasing Turkey feeling on its policies its Kurdish and regional pressures international toward most of the 1990s, the government in became caught During population. the nexus of its domestic and foreign policies. On one hand, Turkey's toward the Kurds and the internally displaced domestic created a policies an crisis that the government domestic considered exclusively in the EU internal matter. On the other hand, Turkey's bid for membership to severe criticism from the EU members its internal policies and to opened can be achieved. demands for change before Turkish membership Pressure serious mounted on the Turkish government to change its policies toward the Kurds

112.

Dilek Kurban, Note, Confronting Equality: on Turkey's Path to the European Minorities (2003).

Union,

The Need for Constitutional Protection 35 Colum. Hum. Rts. L. Rev. 151,

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membership. its past position on the issue While the Turkish state started to reevaluate laws that would make return and resettlement easier, returnees and passed about the problems International still inform organizations they encounter. the internal displacement have and regional organizations monitoring and attitudinal by state changes recently reported positive developments aid received from regional organiza officials. Moreover, with the economic tions and other groups, the Turkish government appears to be making efforts to allowing IDPs to return to their to build an environment conducive homelands. and other concerns Turkey's efforts to resolve the Kurdish Question in internal displacement reveal an and problems about minority rights more in signing in the EU that is actualized for membership ambition in effect. Further, this "ratification treaties than in putting new legislation to changing into the category of states with challenges gap" puts Turkey of On the other hand, in Sikkink's continuum rights understanding. international and regional of human rights norms, acceptance increasing have recently shifted Turkey from the category of "refusal" to pressures to Sikkink "[t]he passage from denial to lip "more cooperation." According seem insignificant but suggests an important shift in the shared service may understandings of states that make certain justifications no longer acceptable."113 Turkey moved from low-compliance Similarly, in Jordan's categorization, to the upper categories. The most obvious evidence of this came on 22 June to remove Turkey from its monitoring when PACE decided process 2004, with a majority of the votes (141 of 153 votes). human

VII. CONCLUSION
in a political that no state exists the world has assured Globalization forces tremen and cultural vacuum. International economic, political, the extent of influence the actions and policies of states. However, dously if such that influence may vary over time and between issues, particularly to a state's sovereignty. issues pose a serious challenge from time to States can face pressures from the international community time in varying degrees. This article has argued that in some cases pressures can help shape the under regional and international organizations to keep in matters the states wish and policies of states, even standing for member such as political conditionally mechanisms private. Through from

113.

Sikkink,

supra

note

8, at 415.

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states of those and condemnation by member ship to regional organizations states have begun to feel these external pressures more and organizations, a domestic more. When issue falls in the scope of international affairs new understanding innovative pressure, and reconceptualization, through and compliance mechanisms emerge. Sikkink argues that "[i]n monitoring, it is the combination of moral pressure and the realm of human rights, material pressure that leads to change"114 that can shift an internal matter to the extent to which the focus of the international community. Of course, are successful depends on different factors. Among these these mechanisms in the countries that is the most effective factors, membership conditionality in countries and, to a certain extent, Jordan labels "medium compliance" inwhich Turkey was placed in for a long countries the "low compliance" time.115 Now that we can consider Turkey in the "medium compliance" Yet, at the same category, the pressures might bear more fruitful outcomes. of these new time, one must take into account the fact that implementation laws will be as important as passing them. This article has studied Turkey's efforts to join the European Community and the latter's effects on Turkey's human rights practices toward its Kurdish in general and toward the internally displaced Kurds specifically. population this case study was an attempt to analyze how modifying the Undertaking attitudes and practices of a state with regard to international human rights even state sovereignty, in matters states regard as pressures challenges In the Turkish context, domestic. the humiliation of failing to obtain a served as a moral pressure, and a for the EU played a significant role political conditionality as a material challenge for Turkey's ongoing human rights understanding. The acceptance of the power of the European Court of Human Rights of the of Europe inserted material Council pressures upon Turkey for a more to human rights policies on Kurdish IDPs. However, the positive approach starting date for accession negotiations for membership dual humiliation and material pressures do not invalidate the fact that all states retain the power to decide what policies can be changed and what It is only the scope and limits of state international norms can be declined. that can be open to change over the years, not a removal of this sovereignty
power.

114. 115.

Id. at 437. Jordan, supra note 1.