AMED - Lawyers for Freedom Association (ÖHD) member Semra Balyan criticized the report presented by the parliamentary commission on the Kurdish issue, pointing to its shortcomings and ambiguous wording. She stressed that legal regulations should be implemented as soon as possible and warned that the process should not be allowed to stall.

 

After the commission established in the Turkish parliament following the proposal of Kurdish people’s Leader Abdullah Öcalan presented its report on resolving the Kurdish issue, attention shifted to the legal steps expected to follow. However, despite the time that has passed, no concrete measures have yet been taken.

 

The delay in introducing legal regulations has drawn criticism, while government officials have stated that some arrangements may be taken up after the upcoming holiday period. Nevertheless, uncertainty remains regarding when and how the report will be implemented and whether its shortcomings will be addressed.

 

‘THE KURDISH ISSUE IS STILL TREATED AS A SECURITY PROBLEM’

 

Semra Balyan said one of the main problems with the report is that the Kurdish issue is still framed primarily as a “security problem.” She also pointed to the report’s reference to the concept of a “terror-free Turkey.”

According to her, addressing the conflict that has continued for more than forty years without discussing its root causes represents a major deficiency. Semra Balyan said: “The struggle that Kurds have carried out for identity, rights, freedoms, and a democratic life is not properly recognized. The report fails to clearly address the relationship between causes and consequences.”

 

‘WOMEN ARE ALMOST ABSENT FROM THE REPORT’

 

Semra Balyan also criticized the near absence of women in the report: “We know that women have carried out the greatest struggle for peace in this geography. Women have also suffered some of the most severe consequences of war.”

 

She noted that issues such as displacement, impoverishment, exploitation of domestic labor, sexual violence, and violence by security forces experienced by women during the conflict were not addressed in the report.

 

“Even though women’s organizations submitted comprehensive reports, these issues were not mentioned. In fact, the word ‘women’ does not even appear,” Semra Balyan said, adding that ignoring women’s role as central actors in building peace represents a major shortcoming.

 

She also said the report failed to address mechanisms such as truth commissions or transitional justice processes that could help reveal injustices experienced during the conflict and provide remedies for victims.

 

‘THE CONCEPT OF BROTHERHOOD LAW’

 

Semra Balyan referred to the concept of “brotherhood law” mentioned in the report, stating that it could serve as an important legal reference point for future legislative work. She said: “With the report now announced, the expected stage is the introduction of legal regulations. If the concept of ‘brotherhood law’ is treated as a legitimate legal source, it can guide the legislative process and encourage broader participation.”

 

Semra Balyan noted that the report also frames social differences not as causes of conflict but as elements that enrich shared social life. 

 

CONSTITUTIONAL COURT AND ECHR DECISIONS

 

Semra Balyan also commented on the report’s proposal to create new mechanisms to ensure the full implementation of decisions by the Constitutional Court of Turkey (AYM) and the European Court of Human Rights (ECHR).

 

She stressed that the current legal framework already clearly states that such decisions are binding. “The problem does not stem from the law itself but from judicial practice,” she said, adding that effective mechanisms could include sanctions against judicial bodies that fail to implement these rulings or compensation mechanisms for those harmed by non-compliance.

 

‘A SEPARATE LAW MAY BE INTRODUCED’

 

Semra Balyan emphasized that one of the most critical stages will be the adoption of legal regulations following the report. She noted that Articles 6 and 7 of the report outline a framework for legislative changes, including the legal status and social integration of members of armed organizations who lay down their arms.

 

She stated that the report suggests that a separate law could be enacted specifically addressing the integration of individuals who abandon armed struggle and defining their legal status. Semra Balyan said: “This means the issue would not be resolved simply by amending existing laws but by introducing an entirely new law designed specifically for this process.”

 

‘THE PROCESS SHOULD NOT BE DELAYED’

 

Semra Balyan warned that linking legal reforms to the verification of disarmament could pose risks if the process is not clearly defined. “If this stage is not concretely clarified, it could lead to delays and cause the entire process to stall,” she said.

 

She emphasized that society expects concrete steps, including the release of sick and elderly prisoners, the recognition of the “right to hope,” and broader democratic reforms. “Legal regulations must be implemented as soon as possible, and this stage should not be allowed to drag on,” Semra Balyan added. 

 

‘THE PROCESS MUST BE MONITORED’

 

Semra Balyan concluded by stressing that the legislative process should be closely monitored by society. She said broad participation — particularly from women, legal professionals, and different segments of society — is essential for ensuring accountability and strengthening democratic oversight.

 

Semra Balyan concluded: “Monitoring legislative activities and conveying our proposals and criticisms is also our right. Following and supervising this process will remain an important part of the ongoing democratic struggle.”

 

 

MA / Rukiye Payiz Adıgüzel