The Peace and Democratic Society Process, which took concrete shape through Kurdish People's Leader Abdullah Öcalan's 27 February call and reached its current stage through the steps taken by the Kurdish Freedom Movement, continues with "framework law" discussions. 

 

As the process approaches a critical stage near the first anniversary of the Kurdish Freedom Movement’s burning weapon ceremony, it is emphasized that the legal and statutory arrangements to be made under the heading of “framework law” will enable the transition from negative peace to positive peace, and that these arrangements will open the way for democratization. However, the work being carried out in Parliament around the “framework law” is being discussed anew, despite proposals that were previously negotiated and turned into a report in the commissions. 

 

At this stage, Abdullah Öcalan's status and physical freedom, who the legal arrangements will cover, and the backroom reports reaching the public on these issues have led to discussions on the need for a new round of negotiation regarding the arrangements. In particular, political parties represented on the Parliamentary Commission state that the draft, said to have been prepared by the Ministry of Justice, has not been given to them, and emphasize that it needs to be negotiated.

 

THE STATUS OF THE CHIEF NEGOTIATOR

 

The primary focus of the discussions is whether steps will be taken regarding Abdullah Öcalan's legal status, working conditions and physical freedom. While both society and politicians and intellectuals state that the conditions and physical freedom of Abdullah Öcalan, the process's chief negotiator, are non-negotiable, certain newspapers and circles known for their closeness to the government and likewise on the agenda for their anti-process language are circulating backroom reports to the public suggesting this matter will not be included in the arrangement.

 

AN AGENDA ITEM NOT PRESENT IN THE PROPOSALS: CRITERIA

 

Another issue causing criticism and distrust has been backroom reports suggesting that the said arrangements will be applied not comprehensively but according to certain criteria. Political parties and various segments speaking on this matter, which forms one of the important dimensions of the discussions, recall that the law must be addressed comprehensively, warning that criteria or a distinction between those "implicated in crime" and those "not implicated" would damage the process. In particular, Peoples’ Equality and Democracy (DEM) Party sources state that the law must be comprehensive — that is, a law capable of covering all segments affected by the conflict process without any distinction — and that otherwise the situation would damage peace.

 

IT HAD BEEN NEGOTIATED IN THE PARLIAMENTARY COMMISSION

 

While the need for negotiation is being discussed, these developments have once again brought to mind the work carried out previously by the Parliamentary Commission established within the scope of the democratic resolution of the Kurdish issue. The commission report, which already contains the topics being discussed today regarding the "framework law" arrangement, had stood out as an already negotiated and accepted draft. However, certain discussions being carried out at this stage and information appearing in backroom reports are bringing with them assessments suggesting a new round of negotiation on the arrangements is needed.

 

THE NEED FOR NEGOTIATION AND THE UNDISCLOSED DRAFT

 

The political parties on the commission had submitted their own draft proposals to Parliament regarding the arrangements that Abdullah Öcalan describes as the "root law" and that some circles call the "code" or "framework law." These reports had been presented to the public as forming the basis for today's "framework law" discussions, particularly through changes to the execution system and democratization steps, and as accelerating the process in this direction. However, at this stage a period is being passed through in which a renegotiation is to take place, but because the draft has not been disclosed, the political parties that will take part in the negotiation are waiting for the draft to be made public. At this point, information that has also reached backroom discussions includes reports that the draft is being discussed within government circles and has been presented to President Recep Tayyip Erdoğan.

 

The discussions carried out and the work done have brought Article 6 of the Parliamentary Commission Report — shaped around the draft proposals submitted by political parties to the Parliamentary Commission — onto the agenda. Article 6 of the commission report addressed returns and certain legal and execution-related arrangements, with political parties having submitted their proposals prepared in this direction to Parliament.

 

THE IMPORTANCE OF COMPREHENSIVE LAW

 

The draft proposals first made public during that period came from the DEM Party. In the 3rd section of the prepared draft proposal, the discussions being carried out today came to the fore under the heading "Peace and Democratic Integration," with the proposal addressing the topics of ending the conflict, a peace law and democratic integration. The report emphasized, with the statement "the Democratic Integration Law, also known as the Transition Period Law, is in essence a Peace Law," that this law is in the nature of a special legal framework regulating the status of guerrillas who have dissolved themselves and laid down arms, as well as those who have undergone investigation and prosecution due to alleged links with the organization. Alongside this, attention was also drawn to the importance of applying comprehensive law when making these legislative arrangements.

 

THE RIGHT TO HOPE PROPOSAL

 

Also in the DEM Party draft, under the subheading "Right to Hope / Principle of Hope," it was stated that the relevant articles of Law No. 5275 on the Execution of Sentences and Security Measures need to be abolished and that the necessary changes need to be made to the Turkish Penal Code. In the Transition to Democracy / Democratic Society Arrangements section, proposals also included ending the trustee (kayyum) regime, the implementation of European Court of Human Rights (ECHR) and Constitutional Court (AYM) rulings, and fundamental changes to penal legislation. The report also included arrangements regarding truth and justice efforts and the socialization of peace, within the scope of confronting the past.

 

NO DISTINCTION WAS MADE REGARDING THE ARRANGEMENTS

 

The ruling Justice and Development Party (AKP), which at that time made no distinction in its draft proposal submitted to the commission among the segments who would benefit from the arrangements, and which has at this stage become the focus of, or the source of backroom information regarding, certain statements suggesting that the arrangements be tied to certain criteria, presented its proposals corresponding to the "framework law" discussions under the heading "Legal Framework: Standalone act and Provisional Law" in its submitted report. The report proposed the preparation of a Standalone act and Provisional Law following the dissolution of the organization and the laying down of arms, stating that this law should be designed as a unique framework law rather than as a harmonization of existing legislation. Within the scope of the arrangements, proposals such as a "determination and verification mechanism," monitoring, supervised release, execution arrangements and administrative powers came to the fore. The AKP, in the report it prepared at that time, stated that the "Standalone act and Provisional Law" needed to be limited both in scope and duration and to comply with the principle of legal certainty.

 

The AKP report also pointed to the construction of a new era through what it termed, in the report, the perspective of democratization — economic harmonization and the strengthening of rights and freedoms — following these arrangements corresponding to the "framework law."

 

CHP: FREEDOM OF EXPRESSION MUST BE EXPANDED

 

In the report the Republican People’s Party (CHP) submitted to the commission, the legislative arrangement proposals were gathered under numerous concrete headings. Under the subheading "Removal from Legal Texts of Provisions in the 'Anti-Terror Law' and the Turkish Penal Code that Obstruct Freedom of Expression," the need to remove provisions restricting freedom of expression in the Anti-Terror Law and Penal Code was put forward. In the section titled "Proposals for Ending Anti-Democratic and Human-Rights-Violating Practices in the Judiciary and Execution System," an execution regime that would not lead to a perception of impunity in society was proposed instead of execution arrangements amounting to a covert amnesty, while headings on ending the trustee practice in local administrations and removing administrative and political obstacles to the implementation of ECHR and Constitutional Court rulings were also included in the report. Arrangements such as the punishment of hate crimes and the independence of human rights institutions were also among the proposals.

 

THE MHP HAD SAID 'GENERAL CONSENSUS OF UNDERSTANDING'

 

The Turkish Nationalist Movement Party (MHP), in its submitted report, addressed legislative arrangements as a gradual legal roadmap built on existing mechanisms. In proposals listed as "stay of prosecution following the organization's unconditional 'dissolution and laying down of arms,'" "stay of proceeding" and "suspension of the pronouncement of the judgment," no distinction was made regarding the individuals to whom the arrangement would apply. The report emphasized that the legislative arrangements needed for the organization's "dissolution" process should be made within a general consensus of understanding, while also including matters of equality in the Execution Law and compliance with Constitutional Court-ECHR rulings.

 

DRAFT DEBATE DESPITE THE COMMISSION REPORT

 

These reports also formed the source for the "Legislative Arrangement Proposals Regarding the Process" section of the commission's joint report. The headings contained in the parties' drafts continue to hold their place on the agenda in today's ongoing "framework law" discussions, alongside the discussion of arrangements such as a "Peace Law," a "Standalone act" and concrete legislative changes. While discussions continue regarding the need to renegotiate these proposals, which were negotiated through the commission's work, the content of the "framework law" draft to be submitted to Parliament stands out as one of the critical topics of the coming period. The said draft is expected to be announced at the beginning of July.

 

A CYCLICAL BARGAINING PROCESS?

 

At this stage, the fact that the process underway in Parliament around the "framework law" has returned to a stage of renegotiation despite the joint report previously formed in the commissions brings with it discussions suggesting that the process, rather than progressing in a linear fashion, has a cyclical structure that repeatedly stalls and is renegotiated, and that a final consensus among political actors has not yet been institutionalized.

 

MA / Ömer Güngör