Although debates continue around the democratic solution of the Kurdish question through the “Peace and Democratic Society” process led by Abdullah Öcalan, attacks by the Turkish state persist.
The Movement Against Racism and for Friendship Between Peoples (MRAP), which has submitted reports to the United Nations Human Rights Council on rights violations in Turkey, recently presented a written report to the Council’s 60th Human Rights Session. MRAP drew attention to the scale of ongoing attacks and rights violations in the country, underlining the significance of the process initiated under the leadership of Abdullah Öcalan for genuine democratization.
Gianfranco Fattorini, MRAP’s Permanent Representative to the United Nations, spoke to ANF about the scope of human rights violations in Turkey, their reflections on the international arena, and ongoing debates concerning a democratic solution to the Kurdish question.
Turkey does not comply with the treaties it has signed
As a human rights organization operating under the umbrella of the United Nations, you recently presented a report at the session of the UN Human Rights Council on rights violations in Turkey. How do you evaluate the current situation in the country in terms of human rights violations?
At present, it must be acknowledged that there has been no significant change regarding the protection of political, civil, economic, social, and cultural rights in Turkey. For this reason, at the ongoing session of the United Nations Human Rights Council, we submitted a report in which we detailed the main violations of the rights of the Kurdish people. We particularly highlighted rights violations in the cultural sphere. We emphasized the intolerance towards the Kurdish language and events organized in Kurdish. Some individuals are imprisoned simply for singing Kurdish songs or dancing to Kurdish music, which is utterly unacceptable.
In this report, in addition to documenting rights violations, we also made recommendations to Turkey. Turkey is a party to many international human rights conventions, including the Convention Against Torture, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Our primary aim is for the Turkish government to implement and abide by these international treaties.
It is not enough to sign and ratify these conventions; they must also be respected and enforced. Moreover, Turkey is not a party to the International Convention for the Protection of All Persons from Enforced Disappearance. We call on the Turkish government to accede to this convention as well.
Among the treaties of particular importance for Turkey is the Convention Against Torture. Based on the information we have obtained, there are still a significant number of cases and even a single case is one too many. In any case, the number of torture incidents in the country remains very high. This practice must come to an end in Turkey. Whether in police stations or in prisons, torture must be completely eradicated.
An occupying force in Syria
You have drawn attention to the crimes and rights violations committed by the Turkish state in Rojava, and you described Turkey’s presence in Syria as an occupation. What can you say on this matter?
Yes, Turkey’s human rights violations extend beyond its own borders. In fact, a part of Syrian territory has been illegally occupied. This occupation had already begun during the Assad government.
The purpose of this occupation is not to target whichever government may be in power in Syria, but rather to target the Kurdish people living there. From the perspective of international law, it is unequivocally an occupation.
The Turkish army is present on Syrian soil, yet there is no specific agreement that legitimizes its military presence there. Therefore, in practice, a portion of Syrian territory is under occupation.
Cultural genocide continues
In your report, you also use the term cultural genocide. Is it possible to say that this genocide is still ongoing?
Yes, absolutely. The cultural genocide against the Kurdish people has continued for decades, both in Syria and in Turkey. With the new government in Syria, we will see what happens; but for now, there are no signs of change.
The non-recognition of the Kurdish minority, the inability to express themselves in their own language, the prohibition on organizing public cultural events, and the destruction of historical sites all clearly demonstrate that a cultural genocide is still underway.
The Council acts politically
You have previously submitted reports to the United Nations Human Rights Council highlighting violations against the Kurdish people. What is the Council’s stance toward Turkey?
At the international political and geostrategic level, Turkey plays its own cards both regionally in Turkey, Iraq, and Syria and internationally, particularly in Africa, Libya, the Sahel, and other African countries.
This situation grants it a kind of immunity. The positive aspect, however, is that within the Office of the UN High Commissioner for Human Rights, there is a sensitivity regarding ongoing violations in Syria. But it is important to distinguish between the administrative structure of the UN, which carries out its own activities, and the Human Rights Council, which reflects the state of current international relations.
The Human Rights Council, like the Security Council or the General Assembly, is a political body. We cannot expect it to act like a human rights court or to be a completely impartial institution composed only of human rights defenders. The Council is made up of 47 states. Therefore, when it comes to condemning a state or compelling it to comply with human rights, the matter inevitably enters the domain of political negotiations.
Limited to reporting
The same United Nations Human Rights Council had previously prepared an extensive report on the rights violations that occurred during the self-governance resistance in the cities of Northern Kurdistan (Bakur), describing the events as war crimes. Yet despite its own reports, the Council did not impose any sanctions on Turkey. How should this stance be understood? Are the Council’s activities limited only to reporting?
The 2017 report was prepared directly by the Office of the High Commissioner for Human Rights, and this was followed by a continuation report in 2018. Reports from the Commission of Inquiry on Syria, composed of three independent experts, were also presented to the Human Rights Council. In other words, there is work being done to collect information and present it to Council members and the international community.
To understand this stance, one only needs to look at what is happening in Palestine today. There are numerous reports documenting the ongoing genocide, yet no one has prevented Israel from carrying out these actions. Similarly, there are many reports documenting the grave human rights violations committed by Turkey, both within Turkey and in Syria.
However, the issue here falls within the realm of international relations and diplomacy. The problem arises when it comes to imposing sanctions. For sanctions to be applied at the UN level, a majority must be secured in the Security Council. Therefore, this is a matter that goes beyond the scope of the Human Rights Council itself.
The process must establish an essential legal framework
In the report you submitted to the Human Rights sessions, you highlighted the ongoing process for a democratic solution to the Kurdish question and the role of Kurdish People’s Leader Abdullah Öcalan in this process. How do you evaluate the stage the process has reached?
Based on the information we have, the process is above all a useful development and one that must be welcomed. Considering what has happened in the last ten years, this is certainly a positive step. The first hearing stage of the commission established within the parliament is either concluding or about to conclude. At this stage, the parliamentary commission has heard many individuals, personalities, and organizations, and it seems to have gathered numerous proposals aimed at improving the situation in Turkey.
The aim of this commission must be to establish a political and legal framework, particularly for the resolution of the Kurdish question. And what are the objectives? Of course, ending the armed conflict, but that alone is not sufficient. The legal framework must also be effectively implemented.
This must begin with the Constitution. Minorities in Turkey must be recognized and must be able to express themselves freely. True social justice must be established. To achieve social justice, all rights must be respected. As I have mentioned before, Turkey is party to nearly all international human rights conventions, particularly the international covenants on civil and political rights and on economic, social, and cultural rights. Therefore, the economic, social, cultural, civil, and political rights of the Kurdish people must be guaranteed.
The practice of removing democratically elected mayors and appointing trustees in their place under so-called “anti-terror” laws must immediately end. Democratically elected mayors and political representatives must be released if they are imprisoned, all must return to their duties, and the democratic process must not be interrupted by political decisions.
As I said, this first stage must be completed, and then a new stage must begin with substantive debates on reforming the Constitution and laws.
Abdullah Öcalan and political prisoners must be free
Although debates on a solution are ongoing, Kurdish People’s Leader Abdullah Öcalan remains held in isolation in Imralı. The Kurdish side demands his freedom in order for the process to proceed on equal terms. Taking global examples into account, what would you say on this point?
The demand for Mr. Öcalan’s freedom is a legitimate one. The imprisonment of Abdullah Öcalan is entirely political. If we compare this situation to what happened in South Africa in the late 1980s and early 1990s, negotiations between the apartheid government and Nelson Mandela had already begun. Mandela was moved out of his cell into a more “normal” living environment so that he could concretely participate in the negotiations. Following the South African example, Mandela had even conditioned his own release on the release of all others.
It is not enough for only Mr. Öcalan to be released. There are many other Kurdish political prisoners in Turkey who must not be forgotten. In our view, the process must continue; Abdullah Öcalan and other Kurdish political prisoners’ living conditions must be improved, Öcalan must be able to directly participate in negotiations with parliamentarians and the Turkish government, and within a relatively short period of time a solution must be reached regarding the entire question of democracy in Turkey, the recognition of minority rights, and in particular the rights of the Kurdish minority. With this process, Abdullah Öcalan too must be free.
International support must be strengthened
You compared the situation of Kurdish People’s Leader Abdullah Öcalan with that of South African leader Nelson Mandela. As is known, the international community played a major role in Mandela’s release. In your view, what role should the international community, particularly the United Nations, play in resolving the Kurdish question?
The role of the international community is a matter tied to geostrategic balances. As I mentioned earlier, Turkey knows well how to play its cards both on a regional level, as a NATO member, and especially through its relations in Africa and also with some countries in South America. This issue goes beyond the discussions at the Human Rights Council. It must be brought to New York to the General Assembly, to the office of the Secretary-General, and then to the Security Council.
We know that Erdoğan recently held a meeting with U.S. President Trump. We do not yet know the exact outcome of this meeting; however, it is clear that the U.S. President gives priority to trade in his international relations. Therefore, in the near future, we will see the real content of these discussions and what the U.S. position will be not only toward developments in Turkey but also with regard to Syria, Iraq, and the region as a whole.
In my view, what is most important for the Kurdish community is first to work at the level of international civil society. It is essential to secure the broadest possible support, especially in Europe, but perhaps also in universities in the United States. In this way, pressure can be placed on European and U.S. governments to support the ongoing process of change in Turkey.