By Nergis Demirkaya
The “framework law” that will provide the legal basis for the PKK’s disarmament process appears set to be enacted after nearly five months of waiting. Öcalan’s view that “even if it is incomplete and inadequate, a step needs to be taken” proved instrumental in overcoming the disputes surrounding the law. In a sense, it was Öcalan who untied the knot.
Called a “code law” by some and a “framework law” by others, the legislation, expected to pass before parliament goes into recess, will initially set the conditions under which PKK members in the mountains can return to Turkey. The law will also affect nearly 5,000 detainees and convicts imprisoned on PKK-related charges and will offer a path home for thousands of people abroad, particularly in European countries, who face various investigations in Turkey.
The AKP has so far made no statement about the law. But the behind-the-scenes reports and covert leaks about what the legislation will contain have reached almost Cold War proportions.
Based on the statements from the DEM Party, there were four core points of crisis: the imposition of an 'effective remorse' provision on PKK members laying down arms; distinguishing between returning members who were “involved in crimes” and those who were not; excluding some 230 senior PKK figures from the law; and leaving out any provision concerning Öcalan’s status. Both the PKK and the DEM Party warned that a law drawn up along these lines would drive the process into a dead end.
As tension grew, the meeting between a DEM Party delegation and Öcalan finally took place July 20 after nearly two months of waiting. The delegation returned from İmralı with a strongly positive message from Öcalan. The tension among party officials eased, giving way to hopeful smiles.
Those smiles did not mean that the problems had been resolved or the contentious issues overcome. What is certain is that the law will contain no reference to the “effective remorse” provision. This is crucial to the DEM Party’s insistence on “a peace process with dignity.” But the other sticking points remain.
THE MEETING THAT EASED DEM PARTY’S CONCERNS
According to DEM Party officials, the main source of the relief was Öcalan’s position that “even if it is incomplete and inadequate, this law must be adopted so the process can move forward.” An influential party official briefed on the latest meeting on the prison island described Öcalan’s approach as follows:
“Öcalan wants this process to be resolved within a framework of fraternity. His main goal is to open up a space of freedom for the Kurds. This law is only one of the measures that will help open that path. But we know that freedom and democracy will not come from a single law. The conclusion was that this law would open an important door and cross a critical threshold.”
The same official, noting that they would keep pressing for improvements to Öcalan's communication conditions above all, and for a law that is inclusive and free of distinctions, summed up: 'The view is that half a step is better than no step at all. We will then work to build on it with further steps.'
According to DEM Party officials, the forthcoming law will not include any formal status for Öcalan, but his communication conditions will be improved in practice. The “right to hope,” concerning Öcalan’s legal status, will be addressed at a later stage within the framework of implementing European Court of Human Rights rulings. It remains unclear whether distinction between those involved in crimes and those who were not will be resolved, while the status of senior PKK figures will also be deferred “to be addressed at a later stage.”
It appears, then, that the law will emerge within boundaries close to the AKP-state line, but with a commitment that further legislation will follow. Some politicians say such a commitment may have been conveyed verbally to Öcalan. One politician who says he knows how Öcalan works put it this way: “If there is a commitment, Öcalan will want to see it in writing. That is why the law may contain language referring to further steps to be taken once certain conditions and criteria are met.”
DEM PARTY MAY SIGN UP TO THE BILL
It appears unlikely that the bill will be submitted to the parliament speaker’s office with the backing of all the parties that signed the joint report.
Opposition parties believe that the AKP and MHP, who initiated the process, should also assume responsibility for the law. However, depending on its content, they say they could contribute during the committee and plenary stages and could even vote in favor if they find the provisions satisfactory. DEM Party officials, meanwhile, say they could sign on to the bill if it broadly meets their expectations.
FIRST TEST FOR THE TWO CHPS
Here, all eyes turn to the stance of a CHP now split in two. Neither camp has positioned itself against the process. Kılıçdaroğlu, in fact, went so far as to criticize the CHP’s decision not to appoint a member to the delegation that visited İmralı. The content of the law will determine the positions the two sides take during the legislative debate. Since MPs themselves will cast the votes, whether or not a new party has formally been established will not matter. But for the first time, the public will see how the two camps position themselves on an issue outside the CHP’s own internal struggle.
VETERANS’ LAW TO MOVE IN PARALLEL WITH THE PROCESS LAW
Meanwhile, the AKP is walking a very fine political line over the law. The plan is to offset the potential backlash the legislation could provoke, particularly among nationalists, by introducing another law addressing some of the demands of veterans and the families of fallen security personnel. In other words, as the law concerning the PKK moves forward on one track, another law improving the rights and conditions of veterans and families of those killed in the conflict will move forward alongside.
