The draft 'Framework Law', entitled “Strengthening National Solidarity and Social Cohesion” and prepared as part of the “Democratic Society and Peace Process,” was first discussed by the Parliamentary Justice Commission and then by the General Assembly after being submitted to the Speaker of Parliament. The draft was approved in a vote by the General Assembly.
Prof. Louis Lemkow, a sociologist at the University of Barcelona who has been closely following the process, spoke to ANF about the draft framework law. Lemkow said the legislation was an important step but that its scope remained insufficient. Describing the law as “a first step,” he said, “It is a modest step, but nevertheless I think it is important that this law has been passed.”
Lemkow said the law creates a basis for negotiations and provides an opportunity to make progress towards the release of political prisoners. “This law does not cover everything that is needed for peace, but despite that, it is important,” he added.
‘Legal and international guarantees must be provided’
Prof. Lemkow emphasized that additional legal and political guarantees would be needed for the peace process to move forward, and said these guarantees could be established with the support of international authorities or with the contribution of a mediation group.
Saying that an international presence would contribute to the process, Lemkow said, “As far as I can see, experience shows that an international presence is always useful. I think international pressure will contribute to the progress of the process. Pressure and an international presence can be very helpful in providing these guarantees and moving forward.”
Regarding the return to Turkey of PKK members and politicians living in exile, Prof. Lemkow said the current situation remained unclear and that it was not yet clear whether the law provided these people with legal protection. He added: “We do not know whether the law that has been passed actually provides such legal protection. We need to see. This is a legal regulation that should provide these guarantees. The fact that it has ultimately passed through parliament is important,” Lemkow said.
‘We would like to see more’
Assessing the scope of the law, Lemkow said it was difficult to understand why it had been limited to 2005. He noted that this limitation could leave some activists and PKK members outside the scope of the law. “In this sense, the scope of the law needs to be expanded,” he said, adding that although the current legislation was insufficient, it could open up new areas for negotiation. “I don’t think this covers everything we want or everything we need to have. Nevertheless, this is a beginning. It is a step towards creating space for negotiation and for moving forward,” he said.
‘Abdullah Öcalan must be free’
Emphasizing that the fact that Önder Apo’s status remains undefined is a major shortcoming, Prof. Lemkow said that “Abdullah Öcalan’s situation is decisive” for the peace process to move forward.
Prof. Lemkow said, “Of course, Öcalan needs to be released. That is clear. It may not happen in the short term, but it is possible.”
Underlining the important role international pressure could play in securing Önder Apo’s freedom, Prof. Lemkow said, “There has already been an international constituency calling for Öcalan’s freedom. This is exactly the time to insist on that.”
Pointing out that peace processes are complex and long-term, Lemkow referred to the examples of South Africa and Ireland. Despite the difficulties encountered in those processes, he said progress had been achieved. “We were able to release political prisoners and really achieve a sustainable peace; we were able to create this space for genuine peace and tranquility,” he said.
‘The rights of the Kurdish people must be legally guaranteed’
Lemkow agreed with criticism that the law does not sufficiently guarantee the rights of the Kurdish people, and added that for lasting peace, it was necessary not only to address the situation of political prisoners but also to legally guarantee the fundamental rights of the Kurdish people.
Lemkow particularly highlighted the right to education in one’s mother tongue. “What is certain is that this is not the law we were expecting. We wanted something stronger that included these guarantees. Laws must be passed that guarantee the Kurdish people the right to receive education in their mother tongue, that is, in …