According to KurdPress, Zubair Aydar, a member of the KCK Executive Council, said about the published materials of the "Law on Strengthening National Solidarity and Social Integration" proposal that some of the provisions of the proposal, especially the deprivation of those convicted before 2005 from the benefits of the law, face serious problems and seem to have been drafted with the aim of excluding managerial cadres from its scope.
Aydar, speaking to Mesopotamia News Agency, emphasized that the law should be formulated within the framework of ensuring freedoms and political participation, rather than a security-oriented approach. According to him, for the process to progress smoothly, Abdullah Öcalan's status should be determined, the necessary legal guarantees should be provided and the path to political activity should be opened.
He said: "Our organization has attached great importance to Mr. Öcalan's status from the beginning. Only he can manage and guide this process. There is a general decision on this, and the decision of the dissolution congress is also in this direction."
Criticizing that determining Öcalan's status should be left to the decision of a government commission, Aydar added: "Leaving Mr. Öcalan's status to a commission is not the right thing to do.»
The process is not possible without Öcalan
The KCK Executive Council member, referring to the sections related to laying down arms, said: “The law states that those who lay down their arms will return and certain steps will be taken against them; but these things cannot be realized without Mr. Öcalan. We expect his conditions to be adjusted as soon as possible in accordance with his role as a peace coordinator and politicization.”
He also called the envisaged mechanism for approving the dissolution and disarmament of the PKK “controversial.” According to the proposal, the Turkish National Intelligence Organization and the Ministry of Defense should review and approve the dissolution of the organization and the complete laying down of arms before the National Security Council makes a decision.
Aydar asked about this: “How and by what method will this approval be done? Only after these steps are completed can individuals submit their applications.»
Criticism of making the implementation of the law conditional on the decision of the National Security Council
Aydar said that legal measures should be initiated and the releases implemented simultaneously with the publication of the law in the official gazette. After that, people residing in the Kurdistan Region of Iraq, Europe and other countries should be able to return in groups without prolonging the process.
He added: “Waiting for the decision of the National Security Council is a controversial issue in my opinion. The current text may send a message to many people, including me, that you should not return, because if you return, you will be arrested.”
Aydar emphasized the seriousness of the KCK’s approach to the process and said: “We want this process to succeed as soon as possible. We belong to that country and we want to be politically active in our country with our identity, culture and all our values and live within the framework of the law.»
The law does not sufficiently pave the way for politics
Recalling Mohammad Agar’s previous words that “instead of using weapons in the mountains, they should do politics in the plains,” Aydar said that the current proposal does not pave the way for political activity as expected.
He also considered the provisions that make the decision on the restoration of certain rights conditional on the passage of two or three years and the evaluation of the relevant institutions to be controversial and called for their amendment during the consideration of the proposal by the Justice Commission and the General Assembly of the Parliament: “The provisions of the law are drafted in a way that foresees very strict supervision and may cause problems during the implementation phase. I hope these issues will be amended.”
He added that solving the Kurdish issue cannot be done with just one law, and a plan should also be prepared for the rapid adoption of legal amendments in the areas of identity, culture, language and the right to organize.The Framework Law Proposal is Limited and Insufficient
The KCK Executive Council member, stating that he personally considers the text of the proposal to be insufficient and limited, also objected to the use of the term “terrorist organization” in two of its sections, saying that KCK does not accept this definition. He emphasized that the use of such terms in the legal text, instead of helping the process, could exacerbate the atmosphere of distrust and prevent the formation of a real political dialogue.
Pointing out that the Framework Law can only be the beginning of a path, he added: “We are talking about resolving an issue that has a history of conflict for more than 200 years. Many laws, including the Constitution, need to be changed. This initial law should be well-regulated and pave the way for other reforms.»
Kurdish rights must be guaranteed within the framework of the law
Aydar said that Kurds want to live, organize and be politically active in Turkey with their identity, language and culture, and that this goal cannot be achieved in one or two months and by passing a law alone: “During this process, the prohibitions must first be gradually lifted and then constitutional amendments must be made. Kurds must be recognized in the country’s legal system and their rights must be guaranteed.”
Aydar concluded by saying that their goal is not to divide the country, but rather to live together in peace and tranquility: “Kurds are among the ancient peoples of this geography and must be able to define and organize themselves within the framework of the law, manage their affairs and freely express their identity. This is for the benefit of all of us.”
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