Barışa Giden Yolda Hukuki Fırsat ve Engelleri Keşfetmek, 2023
The ongoing conflict between the Turkish Security Forces and the PKK has been a pressing issue in... more The ongoing conflict between the Turkish Security Forces and the PKK has been a pressing issue in Turkey for around forty years. Although the previous peace process failed in 2015, a new solution is needed more than ever as Turkey struggles with grave problems in terms of democracy, the rule of law, human rights and the economy. The Kurdish Question has strong links with these problems and tackling it will contribute to solving these serious problems. Discovering legal opportunities and obstacles to a new solution process is essential in this regard. This report, written by Zeynep Ardıç, lecturer in the Faculty of Law at Istanbul Medeniyet University, aims to find the legal opportunities and obstacles to a future peace process by analysing the legal system in Turkey. The most critical legal obstacle to a new peace process is the continuing decline in the rule of law. Turkey has certain problems concerning the rule of law and they need to be addressed to ensure the success of a new solution process. In order to strengthen the rule of law the independence of the judiciary must be ensured, due process must be de-politicised, the Turkish legislation must be democratised, and fundamental rights and freedoms must be properly implemented. The legal opportunities for a new peace could be the emphasis on democracy and human rights in legislation and a possible constitution-making process. Turkey has been discussing the need for a new constitution for decades and the current government has shown its desire to make a new constitution to mark the onset of the second century of the Republic. The new constitution must be made through an inclusive process where all actors including political parties, experts, civil society organisations and citizens raise their demands and concerns in a safe environment. Discovering these legal obstacles and opportunities will contribute to Turkey’s future peace and resolution process.
The following research paper entitled Conflict and Resolution Making in Turkey contains a series... more The following research paper entitled Conflict and Resolution Making in Turkey contains a series of studies on the role of constitution-making in the conflict resolution process in Turkey. The study entitled ‘Incrementalist Constitution-Making in Polarised Societies: The Turkish Case’ ( written by Professor Dr Fazil Hüsnü Erdem) considers the incrementalist approach to constitution-making and applies it to the current situation in Turkey. The study ‘Peace and Counterbalancing the Ruling Power in Turkey’ (authored by Professor Dr Sevtap Yokuş) focuses on the balances of power in Turkey. Other opportunities regarding the constitution-making process are outlined in the study ‘Constitutional Priorities in the Kurdish Issue’( written by Dr Vahap Coşkun), which highlights the need for a new constitution by outlining the priorities of the constitutional process in polarised societies. Other studies focus on the constitution-making process itself. ‘Confidence-Building Steps in Constitution-Making Processes’ by( Dr Zeynep Ardic)discusses the importance of building confidence among the population before introducing a new constitution. The studies also discuss the undemocratic process in which the Turkish Constitution of 1982 came to be and the recent efforts to write a new constitution in Turkey. The studies are part of DPI’s project titled ‘The Legal Basis for Peace' which forms part of a larger series of programmes developed by DPI, titled ‘Forging Pathways to Peace and Democracy in Turkey’, which are supported by the Norwegian and Irish governments. The views and opinions expressed in the studies remain those of the authors and do not necessarily reflect the official position of DPI. This report is available here in English and Turkish.
Türkiye’de Yeni Bir Barış İçin Hukuki Gereklilikler, 2021
The following report has been written by Zeynep Ardic, lecturer in the Faculty of Law at Istanbul... more The following report has been written by Zeynep Ardic, lecturer in the Faculty of Law at Istanbul Medeniyet University, Turkey. This research report highlights the law and obstacles related to securing peace and provides an analysis of the Turkish legal system’s ability to facilitate a peace process, as well as a comprehensive overview of current laws in place. The study sets out a thorough analysis of the importance of law in relation to the peace processes, before turning to an assessment of the Turkish legal system and the compatibility of legal texts with a potential peace process. DPI would like to express its thanks to the author for producing this engaging report. The views and opinions expressed in the report remain those of the author and do not necessarily reflect the official position of DPI.
Transitional justice has tended to prioritise civil and political rights (CPR) violations over ec... more Transitional justice has tended to prioritise civil and political rights (CPR) violations over economic, social and cultural rights (ESCR) violations and often left structural violence and root causes of violence un(der)addressed. This thesis advocates that when addressing violations of ESCR, the examination of structural violence and roots causes of violence is critical for transitional justice processes to provide a fully-fledged response to past wrongs. The Kurdish Question (rising from problems regarding the Kurdish identity and the protracted conflict between the Turkish state and a Kurdish separatist organisation) has long troubled Turkey. Although the Kurdish Question is mainly rooted in political and identity-based problems, the Turkish state discourse has framed it as a socioeconomic and terrorism problem. This makes the conflict and solution complex since even if the conflict is based on political problems, there remains a pressing need to deal with socioeconomic issues. C...
Barışa Giden Yolda Hukuki Fırsat ve Engelleri Keşfetmek, 2023
The ongoing conflict between the Turkish Security Forces and the PKK has been a pressing issue in... more The ongoing conflict between the Turkish Security Forces and the PKK has been a pressing issue in Turkey for around forty years. Although the previous peace process failed in 2015, a new solution is needed more than ever as Turkey struggles with grave problems in terms of democracy, the rule of law, human rights and the economy. The Kurdish Question has strong links with these problems and tackling it will contribute to solving these serious problems. Discovering legal opportunities and obstacles to a new solution process is essential in this regard. This report, written by Zeynep Ardıç, lecturer in the Faculty of Law at Istanbul Medeniyet University, aims to find the legal opportunities and obstacles to a future peace process by analysing the legal system in Turkey. The most critical legal obstacle to a new peace process is the continuing decline in the rule of law. Turkey has certain problems concerning the rule of law and they need to be addressed to ensure the success of a new solution process. In order to strengthen the rule of law the independence of the judiciary must be ensured, due process must be de-politicised, the Turkish legislation must be democratised, and fundamental rights and freedoms must be properly implemented. The legal opportunities for a new peace could be the emphasis on democracy and human rights in legislation and a possible constitution-making process. Turkey has been discussing the need for a new constitution for decades and the current government has shown its desire to make a new constitution to mark the onset of the second century of the Republic. The new constitution must be made through an inclusive process where all actors including political parties, experts, civil society organisations and citizens raise their demands and concerns in a safe environment. Discovering these legal obstacles and opportunities will contribute to Turkey’s future peace and resolution process.
The following research paper entitled Conflict and Resolution Making in Turkey contains a series... more The following research paper entitled Conflict and Resolution Making in Turkey contains a series of studies on the role of constitution-making in the conflict resolution process in Turkey. The study entitled ‘Incrementalist Constitution-Making in Polarised Societies: The Turkish Case’ ( written by Professor Dr Fazil Hüsnü Erdem) considers the incrementalist approach to constitution-making and applies it to the current situation in Turkey. The study ‘Peace and Counterbalancing the Ruling Power in Turkey’ (authored by Professor Dr Sevtap Yokuş) focuses on the balances of power in Turkey. Other opportunities regarding the constitution-making process are outlined in the study ‘Constitutional Priorities in the Kurdish Issue’( written by Dr Vahap Coşkun), which highlights the need for a new constitution by outlining the priorities of the constitutional process in polarised societies. Other studies focus on the constitution-making process itself. ‘Confidence-Building Steps in Constitution-Making Processes’ by( Dr Zeynep Ardic)discusses the importance of building confidence among the population before introducing a new constitution. The studies also discuss the undemocratic process in which the Turkish Constitution of 1982 came to be and the recent efforts to write a new constitution in Turkey. The studies are part of DPI’s project titled ‘The Legal Basis for Peace' which forms part of a larger series of programmes developed by DPI, titled ‘Forging Pathways to Peace and Democracy in Turkey’, which are supported by the Norwegian and Irish governments. The views and opinions expressed in the studies remain those of the authors and do not necessarily reflect the official position of DPI. This report is available here in English and Turkish.
Türkiye’de Yeni Bir Barış İçin Hukuki Gereklilikler, 2021
The following report has been written by Zeynep Ardic, lecturer in the Faculty of Law at Istanbul... more The following report has been written by Zeynep Ardic, lecturer in the Faculty of Law at Istanbul Medeniyet University, Turkey. This research report highlights the law and obstacles related to securing peace and provides an analysis of the Turkish legal system’s ability to facilitate a peace process, as well as a comprehensive overview of current laws in place. The study sets out a thorough analysis of the importance of law in relation to the peace processes, before turning to an assessment of the Turkish legal system and the compatibility of legal texts with a potential peace process. DPI would like to express its thanks to the author for producing this engaging report. The views and opinions expressed in the report remain those of the author and do not necessarily reflect the official position of DPI.
Transitional justice has tended to prioritise civil and political rights (CPR) violations over ec... more Transitional justice has tended to prioritise civil and political rights (CPR) violations over economic, social and cultural rights (ESCR) violations and often left structural violence and root causes of violence un(der)addressed. This thesis advocates that when addressing violations of ESCR, the examination of structural violence and roots causes of violence is critical for transitional justice processes to provide a fully-fledged response to past wrongs. The Kurdish Question (rising from problems regarding the Kurdish identity and the protracted conflict between the Turkish state and a Kurdish separatist organisation) has long troubled Turkey. Although the Kurdish Question is mainly rooted in political and identity-based problems, the Turkish state discourse has framed it as a socioeconomic and terrorism problem. This makes the conflict and solution complex since even if the conflict is based on political problems, there remains a pressing need to deal with socioeconomic issues. C...
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The study entitled ‘Incrementalist Constitution-Making in Polarised Societies: The Turkish Case’ ( written by Professor Dr Fazil Hüsnü Erdem) considers the incrementalist approach to constitution-making and applies it to the current situation in Turkey. The study ‘Peace and Counterbalancing the Ruling Power in Turkey’ (authored by Professor Dr Sevtap Yokuş) focuses on the balances of power in Turkey. Other opportunities regarding the constitution-making process are outlined in the study ‘Constitutional Priorities in the Kurdish Issue’( written by Dr Vahap Coşkun), which highlights the need for a new constitution by outlining the priorities of the constitutional process in polarised societies. Other studies focus on the constitution-making process itself. ‘Confidence-Building Steps in Constitution-Making Processes’ by( Dr Zeynep Ardic)discusses the importance of building confidence among the population before introducing a new constitution. The studies also discuss the undemocratic process in which the Turkish Constitution of 1982 came to be and the recent efforts to write a new constitution in Turkey.
The studies are part of DPI’s project titled ‘The Legal Basis for Peace' which forms part of a larger series of programmes developed by DPI, titled ‘Forging Pathways to Peace and Democracy in Turkey’, which are supported by the Norwegian and Irish governments.
The views and opinions expressed in the studies remain those of the authors and do not necessarily reflect the official position of DPI.
This report is available here in English and Turkish.
Papers
The study entitled ‘Incrementalist Constitution-Making in Polarised Societies: The Turkish Case’ ( written by Professor Dr Fazil Hüsnü Erdem) considers the incrementalist approach to constitution-making and applies it to the current situation in Turkey. The study ‘Peace and Counterbalancing the Ruling Power in Turkey’ (authored by Professor Dr Sevtap Yokuş) focuses on the balances of power in Turkey. Other opportunities regarding the constitution-making process are outlined in the study ‘Constitutional Priorities in the Kurdish Issue’( written by Dr Vahap Coşkun), which highlights the need for a new constitution by outlining the priorities of the constitutional process in polarised societies. Other studies focus on the constitution-making process itself. ‘Confidence-Building Steps in Constitution-Making Processes’ by( Dr Zeynep Ardic)discusses the importance of building confidence among the population before introducing a new constitution. The studies also discuss the undemocratic process in which the Turkish Constitution of 1982 came to be and the recent efforts to write a new constitution in Turkey.
The studies are part of DPI’s project titled ‘The Legal Basis for Peace' which forms part of a larger series of programmes developed by DPI, titled ‘Forging Pathways to Peace and Democracy in Turkey’, which are supported by the Norwegian and Irish governments.
The views and opinions expressed in the studies remain those of the authors and do not necessarily reflect the official position of DPI.
This report is available here in English and Turkish.