By Nergis Demirkaya
The “process report” that charts the roadmap for Parliament toward solving the Kurdish question has been finalized. The document did not push the limits of the AKP and MHP too far; it received a cautious “hopeful” endorsement from the CHP on the grounds that accepted democratic demands “must not remain mere words on paper”; the DEM Party deemed it “better than nothing” despite its shortcomings; and the Yeni Yol group welcomed with a familiar “not enough, but yes.”
It was no easy task. After six and a half months of intense work, we have a Kurdish report without referring to the Kurdish language, promising “Hope” without naming the Right to Hope, and a text that calls for ending trustee practices without explicitly demanding “remove the trustees regime.” Parties from sharply divergent backgrounds stretched the boundaries of compromise and produced a diplomatically worded document that each could interpret as leaning toward its own position.
With the particular efforts of Parliament Speaker Numan Kurtulmuş, the report — endorsed by five political party groups: the AKP, CHP, DEM Party, MHP and Yeni Yol — was adopted almost by consensus (47 in favor, 2 against, 1 abstention).
An AKP member of the commission of Kurdish origin said the outcome did not go much beyond the recommendations found in European Commission reports. “EU reports did not bind institutions,” he said, “but we hope this report will bind politics. We have covered some ground. There are steps that must be taken. The ball is now in our court.”
Simultaneously, President Recep Tayyip Erdoğan signaled that the legislative steps would be taken soon after the report was adopted. Describing it as “a significant achievement” and “a roadmap that will accelerate the process,” Erdoğan said, “Deliberations on the legal dimension of the process will begin in our Parliament.” The question now is: when will this work actually start?
DISARMAMENT AND LEGISLATION TO PROCEED HAND IN HAND
Since the beginning of the process, the AKP set a fundamental condition for any forthcoming legislation: “the determination and verification that the organization has laid down its arms and dissolved itself.” The final report also underlined the “importance of verification and determination,” yet did not frame it as a strict precondition.
According to information obtained by Turkey in Depth from commission members of the CHP, DEM Party and Yeni Yol group, the ruling partners were persuaded that disarmament and lawmaking should proceed simultaneously. The sentence described by officials from all three parties as “the most critical in the report,” and written in bold, states:
“There is a general consensus on enacting the legal arrangements that will be needed during the process of the organization’s dissolution in all its elements and the surrender and laying down of arms.”
POST-RAMADAN SIGNAL FOR LEGISLATION
This wording, highlighted by opposition parties, may signal that legislative work will begin swiftly. Yet, three different AKP lawmakers speaking to Turkey in Depth said the report should first be debated in the public sphere.
“The report is completed, but it is not the end. It will serve as an important roadmap for the steps ahead. Time should be allowed for public debate,” said one of them.
While praising the consensus reached among the five parties, another AKP member said, “ It is a document that gives courage and strengthens existing resolve. It needs some discussion. The steps will follow.”
Another AKP member stressed that legislation might start soon: “We attach importance to the verification and formal registration of the organization’s disarmament, but this does not mean we will wait until the very last militant lays down arms. Parliament controls its own agenda. A dialogue with parties on the legislation will be established shortly.”
Following the report’s adoption, there is speculation over whether the expected steps could be taken before the Eid ul-Fitr at the end of Ramadan or the March 21 Newruz celebrations. AKP and MHP politicians consider that unlikely. Still, it is expected that within the next two to three months — before Parliament enters its summer recess — certain legislative steps will be taken. So, which laws look likely?
THREE KEY LAWS
The first anticipated bill, as described in the report, will be “a purpose-specific, standalone and temporary legal arrangement to govern the process and its aftermath alongside disarmament.” Expected to consist of 10–12 articles, it will set the criteria for the return home and reintegration into society of PKK members who lay down arms. It is also expected to include “legal safeguards for those involved in the process.”
Another significant legislative change will amend the execution and penal laws. There will be no general amnesty, but provisions such as sentence reductions or deferments for organization members are expected under this framework.
The third measure will be an enabling law. Parliament is expected to grant the executive branch clearly defined authority to oversee, monitor and coordinate the process across institutions. Within this framework, a “Monitoring and Reporting Mechanism” is planned to be established under the Presidency.
ALL EYES ON THE NSC FOR VERIFICATION
As these legislative efforts continue, attention will turn to the National Security Council (MGK) for the determination and verification that the organization has disarmed and dissolved. The expectation is that the council will issue a recommendation to remove the PKK from the list of terrorist organizations. Following such a decision, courts in organization-related cases could cite the MGK’s decision that “the organization has dissolved itself,” refraining from imposing sentences and setting precedents for lifting existing convictions. In line with concurrently prepared laws, many individuals accused of PKK membership would see their organization-related sentences dropped, opening the door to releases.
WILL CONFIDENCE-BUILDING STEPS FOLLOW?
The report includes a series of recommendations in the name of democratization. Whether concrete steps will follow remains uncertain. Yet ending trustee appointments and implementing European Court of Human Rights rulings do not require new legislation. The release of well-known figures such as former HDP Co-Chair Selahattin Demirtaş, Osman Kavala and Can Atalay, along with the reinstatement of elected mayors, are cited as the most significant moves that could strengthen trust in the process. As the AKP deputy said at the outset: the ball is now in the AKP’s court.
