[OPINION] Transforming Turkey
by
David L. Phillips

The “Democratic Initiative” should be envisioned as a three-phase process. Last week’s referendum represents phase one. The Justice and Development Party (AKP) government deserves credit for promoting gender equity and protecting the rights of children, the elderly and handicapped. Commendations are also due for curtailing the conservative judiciary’s powers and strengthening civilian oversight of the military.

However, not everyone is satisfied. The Peace and Democracy Party (BDP) boycotted the referendum because it felt that reforms did not go far enough or address its core concerns. The BDP charges that recent constitutional reform was really aimed at consolidating the AKP’s control. It wants the threshold for entering the parliament to be reduced from 10 percent. It also wants to change discriminatory laws that, in the name of state security, have been used to curtail freedom of expression and association for Kurds.

On July 22, 2007, the AKP had a resounding election victory in large part because it garnered significant support in Kurdish strongholds. Since then, Kurds have grown disenchanted. They simply do not think that Prime Minister Recep Tayyip Erdoğan has “walked the talk.”

The AKP can win back the hearts and minds of Kurds by focusing on legal reforms that address Kurdish grievances. Institutionalizing minority rights in accordance with standards of the European Convention on Human Rights would have the added benefit of advancing Turkey’s EU aspirations, which might also help win back support from the pro-secular business community in Istanbul and Western regions.

Specifically, the AKP should abolish regressive legislation such as Article 8 of the “Law for Fighting against Terrorism” that defines terrorism so broadly that it is used to criminalize free discussion about Kurdish issues. Other priority reforms include Article 301 of the Turkish Penal Code (TCK), which makes it an offense to “denigrate Turkishness” or criticize state institutions. Cultural rights must also be expanded, such as use of the Kurdish language in public education and public services. Restrictions on religious rights also require review.

Development should be another key component of the strategy to secure Kurdish votes. Additional investments in Kurdish-populated areas are needed to enhance social services such as health and education with special emphasis on empowering women. Funds are also needed to subsidize return and resettlement efforts for civilians displaced by conflict.

Phase three is the post-election period. If the AKP adopts minority rights reforms now, it will gain the mandate and momentum to push through a more comprehensive package of constitutional reforms. The civilian constitution would serve as the framework for a national reconciliation program, which Turkey desperately needs after three decades of hostilities with the Kurdistan Workers’ Party (PKK). Overcoming societal divisions will drain the swamp of support for extremists who mistakenly think that sensational violence can advance their political objectives.

To this end, Sabancı University’s İstanbul Policy Center recently convened a conference on international reconciliation models. Structured as a dialogue between Turkish scholars and international experts, the conference did not prescribe strategies for Turkey. Rather, it highlighted how other countries have grappled with similar issues and managed conflict during times of transition.

The conference affirmed both the right and responsibility of states to fight terrorism. Participants discussed when, absent law enforcement options, pre-emptive attacks and targeted strikes were appropriate to prevent acts of violence.

Participants also discussed coercive techniques such as “smart sanctions” that prohibit the travel and freeze the bank accounts of perpetrators and their inner circle. Other coercive techniques include financial intelligence to block bank transfers and cash flow, as well as disabling websites that are used for recruitment or to coordinate violence.

While these measures are necessary, a security strategy alone is not enough. A range of complementary measures were highlighted. The conference considered truth and reconciliation processes in, for example, Argentina, Guatemala and Paraguay, as well as commissions that focus on historical memory as a tool for conflict resolution in countries such as Russia and Ukraine. The discussion also highlighted different justice, accountability and amnesty arrangements in Peru, Ghana and East Timor. Demobilization, disarmament and reintegration of ex-combatants in Colombia and Nepal were also explored.

The AKP government deserves credit for its early efforts at constitutional reform. With last week’s success under its belt, it should move quickly to consolidate progress by focusing on further reforms that can be accomplished via legislation. If it shows a real commitment to change, the AKP will have a sweeping victory in next spring’s election. Then the AKP will have a mandate to fully and finally address the root causes of violence. Prime Minister Erdogan’s legacy will be peace and prosperity.

* David L. Phillips is director of the Program on Peacebuilding and Rights at Columbia University’s Institute for the Study of Human Rights