@article{Kurban, author = {Kurban, Dilek}, title = {Europa verr{\"a}t im Umgang mit Erdoğan seine Werte}, series = {Die Zeit}, journal = {Die Zeit}, language = {de} } @article{Kurban2016, author = {Kurban, Dilek}, title = {In dealing with Turkey's Erdogan, the EU betrays its core values}, series = {Hertie School Research Blog}, journal = {Hertie School Research Blog}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-20535}, year = {2016}, abstract = {Turkey's president Erdogan allows Kurdish villages to be razed and ousts opposition members of Parliament, while the EU turns a blind eye, compromising its core values.}, language = {en} } @article{Kurban, author = {Kurban, Dilek}, title = {Is there no hope for Turkish democracy?}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17478}, pages = {5}, abstract = {The results of the June 7 general elections prompted many to wonder whether a new democratic era had begun in Turkey. The historic results allowed ushered a pro-Kurdish political party into Parliament for the first time and brought an end to the 13 years of single-party government of the Justice and Development Party. But the result did not in reality give much cause for optimism since the four political parties in Parliament failed to form a coalition, enabling President Recep Tayyip Erdoğan to call another election for November 1, 2015. This contribution argues that by virtue of its regular and free elections, representative institutions and competitive political parties, Turkey has for too long been mislabelled as a democracy despite its constitutional and legal authoritarianism. Whatever the outcome of the repeat elections, Turkey will remain in the "'grey zone' between open autocracy and liberal democracy" if it continues without structural change.}, language = {en} } @article{Kurban, author = {Kurban, Dilek}, title = {June 7 elections in Turkey: A breakthrough in the long road to democracy}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17485}, abstract = {The results of June 7 general elections drastically changed the course of politics in Turkey. AKP's 13 years of single-party rule has come to an end, President Recep Tayyip Erdogan's ambitions to change the country's regime for a presidential system have failed and Turkey is facing a coalition government for the first time in nearly fifteen years. As for the near future, there remain significant uncertainties. The clock for the maximum 45-days period allowed for the formation of a government will start ticking as soon as the Parliament elects its new President during the last week of June. For the sake of democracy, societal peace and stability, the ideal outcome would be a government formed by the AKP and the CHP. The prospects of such a grand coalition, however, depend largely on the democratic maturity of the political leaders on all fronts. In light of Turkey's political history and culture, that remains a big if…}, language = {en} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {Report on Measures to Combat Discrimination: Directives 2000/43/EC and 2000/78/EC, Country Report Turkey: 2013}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17492}, pages = {188}, abstract = {The report, drafted for the European Network of Legal Experts in the non-discrimination field (on the grounds of race or ethnic origin, age, disability, religion or belief and sexual orientation), is part of a study into measures to combat discrimination in the EU Member States and candidate countries, funded by the European Community Programme for Employment and Social Solidarity - PROGRESS (2007-2013). The report provides an overview of Turkey's implementation of the EU anti-discrimination Directives up to 1 January 2014 and follows up on earlier reports drafted by the author for the same project.}, language = {en} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {Report on Measures to Combat Discrimination: Directives 2000/43/EC and 2000/78/EC, Country Report Turkey: 2012}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17505}, pages = {230}, abstract = {The report, drafted for the European Network of Legal Experts in the non-discrimination field (on the grounds of race or ethnic origin, age, disability, religion or belief and sexual orientation), is part of a study into measures to combat discrimination in the EU Member States and candidate countries, funded by the European Community Programme for Employment and Social Solidarity - PROGRESS. The report provides an overview of Turkey's implementation of the EU anti-discrimination Directives up to 1 January 2013 and precedes and follows earlier reports drafted by the author for the same project.}, language = {en} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {Report on Measures to Combat Discrimination: Directives 2000/43/EC and 2000/78/EC, Country Report Turkey: 2011}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17515}, pages = {124}, abstract = {The report was drafted for the European Network of Legal Experts in the non-discrimination field (on the grounds of race or ethnic origin, age, disability, religion or belief and sexual orientation)and produced as part of a study into measures to combat discrimination in the EU Member States and candidate countries, funded by the European Community Programme for Employment and Social Solidarity - PROGRESS. The report provides an overview of the state of transposition and implementation of the EU anti-discrimination Directives in each country up to 1 January 2012 and precedes other annual reports by the same author.}, language = {en} } @techreport{KurbanSozeri, type = {Working Paper}, author = {Kurban, Dilek and Sozeri, Ceren}, title = {Does media policy promote media freedom and independence? The case of Turkey}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17525}, pages = {49}, abstract = {The report aims to analyze and explain the actors and processes of media policy making in Turkey; the substance and implementation of such policies; the legal framework governing media content; the ownership structure of the media; the working conditions of journalists; and the emerging social efforts to combat discrimination and hate speech in the media. IT argues that the prospects for media independence and freedom in Turkey appear extremely weak. In a sector driven by corporate interests, nepotism and clientelist relations, the media owners do not have the incentive to provide truthful and critical news coverage. The historical weakness of trade unions in Turkey, the high level of unemployment among journalists, the high turnover rate in the sector and the deep divisions among journalists due to ideological differences make it very difficult for media employees to engage in a unified struggle against their employers. The lack of a strong pro-democracy social movement, the ideological conservatism of the judiciary, the institutional weakness of the parliament and the lack of democracy within political parties render the government -and future governments- too powerful vis-{\`a}-vis the society and the media. On the other hand, the inability and the unwillingness of the media to regulate itself, as well as the authoritarian and punitive nature of state regulation, has mobilized the civil society to monitor the media's compliance with universal principles and professional ethical codes and to combat discrimination and hate speech in the media.}, language = {en} } @techreport{KurbanElmas, type = {Working Paper}, author = {Kurban, Dilek and Elmas, Esra}, title = {Communicating Democracy - Democratizing Communication: Media in Turkey: Legislation, Policies, Actors}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17535}, pages = {67}, abstract = {This report is an attempt to understand the relationship between media and democracy in Turkey. Towards that end, it situates the media in its political and historical context. It argues that Turkey's media structure falls under the "Mediterranean or Polarised Pluralistic Model" developed by Hallin and Mancini due to the very low level of newspaper circulation, the tradition of advocacy journalism, the structure of media ownership, the absence of an autonomous profession immune to pressure from politicians, interest groups, state institutions, the army and the judiciary and the extremely low level of unionization in the media which leads to high levels of labour exploitation. The report argues that despite relative progress achieved in the EU accession process, Turkey continues to fall far below the goal of harmonizing its legal framework with the EU's acquis communitaire, mainly due to the prevalent political culture and the historical origins of state-media relations in Turkey.}, language = {en} } @techreport{KurbanTsitselikis, type = {Working Paper}, author = {Kurban, Dilek and Tsitselikis, Konstantinos}, title = {A Tale of Reciprocity: Minority Foundations in Greece and Turkey}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17545}, pages = {40}, abstract = {The word most frequently uttered by Greece and Turkey with regard to their Muslim1 and non-Muslim minorities, respectively, is most probably 'reciprocity.' For more than half a century, in both countries, virtually all administrations,irrespective of their political leanings and ideological base, resorted to the good old 'reciprocity argument' to legitimize their laws, policies, and practices restricting the minority rights of Muslim and non-Muslim communities. Both states have for decades justified their policies on the basis of a theory that argues that Article 45 of the 1923 Treaty of Lausanne provided the legal basis for reciprocity. Deliberately distorting a crystal-clear provision, which simply confers parallel obligations on Greece and Turkey for the protection of the Muslim and non-Muslim minorities, respectively, both states have for decades held their own citizens hostage, pitting them against each other in the name of defeating the other in foreign policy. Disregarding the objections of international lawyers and institutions that the reciprocity principle does not apply to human rights treaties and that states cannot condition the protection of the fundamental rights of their citizens on the policies of other states, both Greece and Turkey have successfully manipulated their national public opinion into believing in the legitimacy of treating minorities as lesser citizens. This report analyzes the implications of reciprocity policies on the day-to-day lives of Muslim and non-Muslim minorities in Greece and Turkey, specifically their impact on the community foundations2 belonging to these minorities. With a specific focus on the property and self-management issues of Muslim and non-Muslim community foundations in Greece and Turkey, the report situates the issue in its historical context and trace the evolution of the 'community foundation issue' from Lausanne to the present day. Drawing similarities and differences between the laws, policies, and practices of Greek and Turkish states vis-{\`a}-vis their minority foundations, the report critically assesses the progress made to this day as well as identify the outstanding issues.}, language = {en} } @techreport{KurbanYukseker, type = {Working Paper}, author = {Kurban, Dilek and Yukseker, Deniz}, title = {A Permanent Solution to Internal Displacement? An Assessment of the Van Action Plan for IDPs}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17555}, pages = {31}, abstract = {On 29 September 2006, the Van Governorship in Turkey disclosed the "Van Province Action Plan for Service Delivery to Internally Displaced Persons" (the Van Action Plan or the Plan). Prepared with the technical support of the United Nations Development Programme (UNDP) and owned by the governorship, the Action Plan outlines the basic principles on which future services for internally displaced persons (IDPs) during their integration, resettlement or return processes will be based. Van was selected as a pilot province for the development of a plan of action as part of the cooperation between the Government of Turkey and the UNDP on the issue of displacement. This cooperation was initiated in the wake of the 2002 mission by Francis Deng, then Representative of the United Nations Secretary General on Internally Displaced Persons (RSG) in Turkey. This report is an assessment of the Van Action Plan, in the spirit of RSG K{\"a}lin's call to the civil society. The report evaluates the effectiveness of the preparatory work undertaken by the UNDP and the governorship during the drafting of the Action Plan as well as the content and ongoing implementation of the Plan. It argues that The Action Plan does not address certain issues that pertain to national-level politics and policies concerning the Kurdish question, issues which have a direct bearing on the choices open to IDPs. Issues such as cessation of the armed conflict, abolishment of the provisional village guard system and the clearing of landmines and unexploded ordnances (UXOs), all of which would positively influence the safety of returns to original rural homes, are ignored in the Plan.}, language = {en} } @techreport{KurbanHatemi, type = {Working Paper}, author = {Kurban, Dilek and Hatemi, Kezban}, title = {The Story of an Alien(ation): Real Estate Ownership Problems of non-Muslim Foundations and Communities in Turkey}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17562}, pages = {66}, abstract = {Turkey's 'minority problem,' which is contemporary with the Republic, has been among the fundamental political issues of the country since 1923, when the Treaty of Lausanne was signed. Non-Muslim Turkish citizens were given minority status, and gained a series of individual and collective rights, under the Treaty of Lausanne. These rights were not implied by this minority status or based on prerogatives, but were based on the principle of equality with Muslim citizens. However, the Turkish state has systematically violated its obligations under the Treaty, negating the legal protection its non-Muslim citizens are entitled to. This report provides an historical account of the real estate ownership problem experienced by non-Muslim foundations in Turkey since the Ottoman period, and to situate the current situation in Turkey's EU accession process.}, language = {en} } @incollection{Kurban, author = {Kurban, Dilek}, title = {Substantive Challenges to the Protection of Religious Freedom under the Framework Convention}, series = {The Framework Convention for the Protection of National Minorities: A Useful Pan-European Instrument?}, booktitle = {The Framework Convention for the Protection of National Minorities: A Useful Pan-European Instrument?}, publisher = {Intersentia}, address = {Antwerp-Oxford-Poland}, isbn = {978-9050956437}, pages = {119 -- 126}, abstract = {One of the most significant substantive challenges in the interpretation of the Framework Convention concerns the effective protection of freedom of religion of minorities living in Europe. That the freedom of religion and political rights are among the founding pillars of democratic societies has been emphasized time and again by the European Court of Human Rights (ECtHR). The significance of these rights and freedoms for religious minorities is obvious due to the importance of religion for their identity and existence. However, in an environment where both the definition of minorities and the substantive scope of Articles 7 and 8 of the Framework Convention are subject to debate, the effective protection of minorities' rights to exercise their religion individually and in association with the others is a major challenge to the work of the Advisory Committee. A discussion of the religious rights and the corollary political rights of minorities in Europe raises at least two critical questions: the personal scope of application of the Framework Convention and the substantive scope of freedom of religion protected under Articles 7 and 8 of the Framework Convention. In other words, which groups should be deemed as religious minorities in this context and what kinds of rights should they be granted to be able to meaningfully exercise their freedom of religion? This chapter draws particular attention to the disconcerting implications of the ECtHR's judgment in the case of Leyla Şahin v. Turkey for minority protection in Europe, and urge the Advisory Committee to read Strasbourg's jurisprudence on religious freedom with a grain of salt.}, language = {en} } @techreport{KurbanEroezdenGuelalp, type = {Working Paper}, author = {Kurban, Dilek and Er{\"o}zden, Ozan and G{\"u}lalp, Haldun}, title = {Supranational rights litigation, implementation and the domestic impact of Strasbourg Court jurisprudence: A Case Study of Turkey}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17581}, pages = {56}, abstract = {This report provides an extensive mapping of the strategic litigation of minorities in Turkey before the European Court of Human Rights (ECtHR), the substance and implementation of the EctHR's judgments in these cases and the overall impact these judgments have had on human rights protection in Turkey. While the ECtHR case law played an indispensable role in bringing to light the egregious human rights record of the Turkish Government in late 1980s and early 1990s, the report demonstrates, the relative change in government policies came with the emergence of the EU as an actor in Turkish politics. On the other hand, while forcing the government to start cooperating with the ECtHR, the EU process has not resulted in structural changes in Turkey's legal regime and politics.}, language = {en} } @book{KurbanYueksekerCeliketal., author = {Kurban, Dilek and Y{\"u}kseker, Deniz and {\c{C}}elik, Ay{\c{s}}e Bet{\"u}l and {\"U}nalan, Turgay and Aker, A. Tamer}, title = {Coming to Terms with Forced Migration: Post-Displacement Restitution of Citizenship Rights in Turkey}, publisher = {TESEV Publications}, address = {Istanbul}, isbn = {978-975-8112-89-0}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17609}, publisher = {Hertie School}, pages = {378}, abstract = {During the armed conflict in the Eastern and Southeastern Anatolian regions of Turkey between 1984 and 1999, a large wave of internal displacement took place. In the mid-1990s, national human rights organizations prepared reports to bring to public attention that hundreds of thousands of people had been evicted from their rural homes. However, at that time the displacement did not attract the attention that it deserved from the media and public opinion in Turkey. Most importantly, public institutions did not take any measures to address the problems of internally displaced persons ("IDPs").Based on an analysis of secondary sources and qualitative fieldwork, this book assesses this phenomenon within a conceptual framework at both national and international levels as well as within the political and socio-economic circumstances specific to Turkey.}, language = {en} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {Strasbourg Court Jurisprudence and Human Rights in Turkey: An Overview of Litigation, Implementation and Domestic Reform}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17612}, pages = {62}, abstract = {The central research question this report addresses is whether and if so to what extent the ECHR and the ECtHR case law served to enhance the protection in Turkey of human rights in general and minority rights in particular. In doing so, the critical role the EU accession process has played in this regard by exerting external political pressure on the Turkish Government will be evaluated as a major positive variable. The report assesses the nature of claims raised by minorities and minority rights advocates. It seeks to offer an initial analysis of the efforts by authorities to implement the ECtHR case law through general and individual measures}, language = {en} } @techreport{KurbanCelikYuekseker, type = {Working Paper}, author = {Kurban, Dilek and {\c{C}}elik, Ay{\c{s}}e Bet{\"u}l and Y{\"u}kseker, Deniz}, title = {Overcoming a Legacy of Mistrust: Towards Reconciliation between the State and the Displaced}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-17654}, pages = {44}, abstract = {At the invitation of the Turkish government, the Representative of the UN Secretary General on Internally Displaced Persons Francis Deng undertook a fact finding mission to Turkey in 2002. Deng summed up his findings and recommendations in a report submitted to the UN Commission on Human Rights. This report, co-published by the Internal Displacement Monitoring Centre (IDMC) of the Norwegian Refugee Council (NRC) and the Turkish Economic and Social Studies Foundations (TESEV) provides a comprehensive assessment of the Turkish government's implementation of Deng's recommendations on the basis of empirical data derived from field research conducted in provinces populated with Kurdish displaced. The report concludes that while some progress has been made in the official recognition of the problem of conflict-induced displacement, the adoption of a law to partially compensate the material losses of the displaced, there are significant outstanding issues concerning the right to return, property rights (including the right to restitution or compensation), the social and economic integration of the displaced, and finally the establishment of truth and justice concerning the gross human rights abuses committed by security forces against the Kurdish displaced in the 1990s.}, language = {en} } @article{Kurban, author = {Kurban, Dilek}, title = {Confronting Equality: The need for constitutional protection of minorities on Turkey's path to the European Union}, series = {Columbia Human Rights Law Review}, volume = {35}, journal = {Columbia Human Rights Law Review}, number = {1}, publisher = {Columbia Law School}, address = {New York}, issn = {0090-7944}, pages = {151 -- 223}, abstract = {The article analyzes the historical development of Turkey's minority policy, its constitutional scheme, and the substance and implementation of reforms as they relate to the protection of minorities. Focusing on the reforms adopted in 2002 with the explicit purpose of granting linguistic rights to the Kurdish minority and expanding the property rights of non-Muslim minorities, the article argues that the constitutional and legislative reforms and their implementation are far from guaranteeing the constitutional protection of minorities required by the EU and committed to by the Turkish Government. Instead, it claims, they constitute much belated —if still welcome— steps toward granting some fundamental rights to members of some minority groups that leave much more to be done to achieve respect and protection for all minorities.}, language = {en} } @article{Kurban, author = {Kurban, Dilek}, title = {Unravelling a Trade-Off: Reconciling Minority Rights and Full Citizenship in Turkey}, series = {European Yearbook of Minority Issues}, volume = {4}, journal = {European Yearbook of Minority Issues}, number = {1}, publisher = {Brill}, address = {Leiden/Boston}, issn = {2211-6117}, doi = {10.1163/22116117-90000016}, pages = {341 -- 371}, abstract = {With Turkey's recognition as an official candidate for accession to the EU, the rhetoric of minority rights has become a part of the national discourse. Various ethnic and religious groups started to raise their voice in demanding not only individual rights, but also the constitutional recognition of their distinct identities through the effective granting of minority rights. At the same time, they vehemently opposed being 'branded' as minorities. What may seem to be a counter-intuitive reaction at first glance is explicable and indeed expected in light of the unique historical context of Turkey, where official minority status has been exclusively granted to non-Muslim citizens who are by and large perceived by both state and society as lesser citizens whose loyalty to the nation is untrustworthy. Aware of this social reality, and not having been immune to the widespread social prejudices against non-Muslim minorities, the unrecognized minorities rejected minority status arguing instead that they were among the 'founding peoples.The paradoxical situation in which various minorities demand cultural recognition and what are essentially minority rights while at the same time vehemently rejecting the 'minority tag' begs for the question: how should Turkey's minority question be resolved without consolidating the existing social pillarizations within society? To address that question, this article advocates the development of a new constitutional citizenship model universally encompassing all minorities rather than the creation of new minority regimes granting special protection to specific groups.}, language = {en} } @article{Kurban, author = {Kurban, Dilek}, title = {Shattered Hopes: When the European Court of Human Rights Shuts its Doors to the Kurdish Displaced}, series = {Perspectives on Europe}, volume = {44}, journal = {Perspectives on Europe}, number = {1}, editor = {Klumbyte, Neringa}, publisher = {Council for European Studies}, address = {Barcelona/New York}, issn = {0046-2802}, pages = {24 -- 30}, abstract = {Perhaps no other ruling by the European Court of Human Rights (ECtHR) has so deeply disappointed the Kurdish human rights victims and rejoiced the Turkish government at the same time, as did an inadmissibility decision issued in January 2006. In İ{\c{c}}yer v. Turkey, the Court rejected as "manifestly ill-founded" the complaint by a Kurdish peasant who in 1994 had forcibly been evicted by security forces from his village. What made this decision particularly devastating for the displaced and joyous for the government was the fact that the ECtHR rejected the application of not only Mr. İ{\c{c}}yer, but also of 1,500 others whose petitions had been pending before the Court.This article traces the evolution of the ECtHR's jurisprudence on Kurdish displacement cases and argues that the Council of Europe's enlargement as well as Turkey's EU accession process has had an adverse effect on the victims' quest for justice in Strasbourg.}, language = {en} } @incollection{Kurban, author = {Kurban, Dilek}, title = {The Kurdish question: Law, politics and the limits of recognition}, series = {Turkey's Democratization Process}, booktitle = {Turkey's Democratization Process}, publisher = {Routledge}, address = {London [u.a.]}, isbn = {978-0-415-83696-8}, publisher = {Hertie School}, pages = {345 -- 360}, abstract = {It is commonly assumed that the exceptional treatment of the Kurds under the law is a provisional phenomenon that occurs during interim regimes and ends with the return to normalcy. In reality, the Kurdish region has always been governed by some form of state of exception. What has changed at times when a special legal regime was de jure in force was the intensity and scale of human rights violations against civilians committed through emergency regimes, forced displacement and cultural assimilation, processes which were often in place simultaneously.When the EU membership process started, many assumed that Turkey would have to undertake a radical overhaul of its constitutional and legislative order and to ensure the equal treatment of all its citizens, in law and in fact. This chapter argues that despite some progress, Turkey's policies on the Kurdish question have remained by and large intact. It concludes, however, that while the legal framework is still 'ethnic-blind' vis-{\`a}-vis the Kurds, politics no longer is, as evident not only in the AKP Government's recognition of the Kurdish identity but also in the Kurdish movement's increasingly bolder claims for a political solution to the conflict.}, language = {en} } @incollection{KurbanGulalp, author = {Kurban, Dilek and Gulalp, Haldun}, title = {A complicated affair: Turkey's Kurds and the European Court of Human Rights}, series = {The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy}, booktitle = {The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy}, publisher = {Edinburgh Univ. Press}, address = {Edinburgh}, isbn = {978 0 7486 7057 4}, publisher = {Hertie School}, pages = {166 -- 187}, abstract = {Obsessed with the preservation of national unity and homogeneity, the Turkish state has since its inception had little tolerance for Kurdish demands for greater legal recognition and a measure of autonomy. However, its 1987 decision to give its citizens the right to petition the European Court of Human Rights (ECtHR) to enhance its chances for membership to the European Union (EU) obliged the state to confront, at the transnational level, the Kurdish demands for human rights protection and equal treatment. The cases taken to the ECtHR by Kurdish civilians revealed that cloaked in the language of 'war on terrorism', the Turkish military had committed egregious violations including the forced displacement of civilians , the destruction of property, the burning of forests, as well as extra-judicial killings, disappearances and torture. Turkey's EU candidacy increased the existing international pressure on the government to revise its mode of dealing with the insurgency and with Kurdish political and cultural demands more generally. The EU demanded that Turkey first and foremost execute the ECtHR's judgments on Kurdish issues, but also grant the Kurds limited linguistic rights in order to fulfil minority rights protection as part of the membership accession criteria. Yet, as argued in this chapter, although there has been some improvement, the problem has not been eradicated nor has there been any substantive change in government policy on the Kurdish question.}, language = {en} } @incollection{KurbanElmas, author = {Kurban, Dilek and Elmas, Esra}, title = {Turkish Media Policy in National Context}, series = {Understanding Media Policies: A European Perspective}, booktitle = {Understanding Media Policies: A European Perspective}, publisher = {Palgrave Macmillan}, address = {London}, isbn = {978-0-230-34812-7}, pages = {214 -- 229}, abstract = {Since the foundation of the press, the media in Turkey has had a symbiotic relationship with the state. The state's heavy involvement rendered the development of a "media policy" impossible, since the media did not exist as an independent realm to shape and be shaped by society and politics. Instead, it existed as a tool for both civilian and military governments to control and manipulate society. In the past two decades, the changes induced by the economic liberalisation of the early 1990s, the banking crisis of 2000-2001 and the European Union accession process produced a complex regulatory framework governing the media content and structure in Turkey. This chapter argues that, despite some progress, there are still significant legal infringements on media freedom in Turkey, where the media's economic and political dependence on the state continues.}, language = {en} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {Europe as an Agent of Change: The Role of the European Court of Human Rights and the EU in Turkey's Kurdish Policies}, edition = {SWP Research Paper (No. 9)}, publisher = {Stiftung Wissenschaft und Politik}, address = {Berlin}, pages = {30}, abstract = {The commencement of talks between the Turkish government and Abdullah {\"O}calan in late 2012, and the PKK's subsequent announcement of an indefinite ceasefire, has raised hopes for a peaceful solution to the conflict. Recent regional developments - with the emergence of a de facto Kurdish self-rule in Syria and the increasing likelihood of a Kurdish state in Iraq - have made Turkey's permanent settlement of its own conflict all the more pertinent.Important as these developments are, the exclusive framing of the issue within the discourse of "conflict resolution" bears the risk of reaching faulty policy analyses that attribute too much significance to the cessation of fighting. The crux of the Kurdish issue remains the structural inequalities against the Kurds, which predate the conflict between the PKK and the Turkish military. Current debates on the Kurdish demands in the framework of the peace talks often overlook the history in which these demands were shaped, communicated and pursued, not only by the Kurdish national movement but also, and first and foremost, by the human rights activists in the Kurdish region. The legal and political mobilisation of Kurdish civil society vis-{\`a}-vis European institutions raised awareness about the human rights abuses committed by the Turkish government and framed concrete rights claims for equality, justice and the rule of law. The ECtHR and the EU, for their part, have played a critical - though not necessarily always coherent and consistent - role in the relatively significant, albeit substantively limited, reforms adopted by Turkish governments since the late 1990s. At the same time, this European engagement has not always pushed Turkey in the direction of enhancing the democratic participation and human rights of its Kurdish citizens, particularly in the post-9/11 context.This paper looks into the evolution of the trilateral relationship between Turkey, Europe and the Kurds over the course of the past three decades. Based on the current political situation in Turkey and its region, it argues that there is an imminent need for European re-engagement in the Kurdish issue in a coherent, continuous and critical manner based on a systematic political dialogue with diversified domestic actors.}, language = {en} } @incollection{KurbanSozeri, author = {Kurban, Dilek and Sozeri, Ceren}, title = {The state of the journalistic profession in Turkey}, series = {Media Policies Revisited: The Challenge of Media Freedom and Independence}, booktitle = {Media Policies Revisited: The Challenge of Media Freedom and Independence}, publisher = {Palgrave Macmillan}, address = {London}, isbn = {9781137337832}, pages = {191 -- 205}, abstract = {From the outset, the media in Turkey have developed as a political institution rather than a market and media owners perceived themselves primarily as political actors. This has caused the media to be divided between proponents and opponents of the political establishment. Initially, media polarisation was characterised by ideological divisions. With the changes brought in the ownership structure after the 1980s, however, where news outlets were transferred from family firms to large corporations, the proximity (or distance) of media owners to government became no longer indicative of political (dis)agreement; rather it was primarily driven by economic interests. Accordingly, the journalistic profession was transformed from a self-driven political class to an instrument of power for the state and the private capital.This chapter aims to provide an analysis of the multi-faceted and inter-connected sources of pressure - the military, the government, courts, media owners and journalists themselves - on the journalistic profession in Turkey. These sources reinforce each other in sustaining various types of pressures on the media of a political, legal and financial nature. The constraints produced by these power mechanisms gain particular weight and become all the more effective in view of the absence of a collective professional identity and the lack of solidarity among journalists. The deeply entrenched socio-economic inequalities that characterise the journalistic profession, professional hierarchies and ideological polarisation deepen journalists' vulnerability vis-{\`a}-vis political and economic power, as represented by the state and media ownership.}, language = {en} } @incollection{Kurban, author = {Kurban, Dilek}, title = {Protecting Marginalised Individuals and Minorities in ECtHR: Litigation and Jurisprudence in Turkey}, series = {The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context}, booktitle = {The European Court of Human Rights and the Rights of Marginalised Individuals and Minorities in National Context}, publisher = {Brill/Martinus Nijhoff}, address = {Leiden}, isbn = {9789047426738}, publisher = {Hertie School}, pages = {119 -- 136}, abstract = {The ECtHR case law played an indispensable role in bringing to light the egregious human rights situation in Turkey in the late 1980s and early 1990s, shedding light to an administrative policy of systematic violations against Kurdish civilians. If awareness of the poor human rights record of Turkey was largely triggered by the ECtHR's jurisprudence, reforms to improve it were made possible with the emergence of the EU as an actor in Turkish politics. This chapter argues that after decades of litigation history with the Strasbourg court, law and politics in Turkey fall far short of meeting the European human rights standards. While significant progress has been made in recent years in harmonizing the Turkish legal framework with the principles laid out in the Human Rights Convention and the jurisprudence of the ECtHR, the constitutional and legal structure continue to rest on an authoritarian understanding which seeks to protect the interests of the state against individuals at the cost of violating fundamental rights and liberties.}, language = {en} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {Not a Roadmap for Peace: Erdoğan's Democratisation Package Defies Kurdish Expectations}, publisher = {SWP: Stiftung Wissenschaft und Politik}, address = {Berlin}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-16429}, pages = {8}, abstract = {Despite Turkish Prime Minister Recep Tayyip Erdoğan's emphasis to the contrary, the "democratisation package" announced on September 30 was expected to be more than just another bundle of EU-induced reforms. The much-awaited package came nearly a year after the initiation of informal peace talks between the government and Abdullah {\"O}calan - the imprisoned leader of the Kurdistan Workers Party (PKK), listed as a terrorist organisation by the EU and the US - and six months after {\"O}calan made a historic call to his fighters to end the armed struggle. The package was anticipated as the Justice and Development Party (AKP) government's response to {\"O}calan's three-stage road map for peace. Yet, rather than legislative changes for a political settlement on the Kurdish question, Erdoğan announced a generic harmonisation package, a move which has put into question his government's commitment to the peace process. The fragility of the cease fire between the PKK and the Turkish military and the urgency of radical reforms to prevent a deadlock in the peace process render the AKP's piecemeal approach to democratisation too costly at this point in time. With the EU's opening of negotiations on Chapter 22 on regional policy, which pertains to decentralisation in governance and is thus relevant for a political solution to the Kurdish question, there is a real and urgent need for European policy makers to be involved in the peace process in Turkey.}, language = {en} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {To Europe and Back: The Three Decades of Kurdish Struggle in Turkey}, series = {Global Turkey in Europe (Policy Brief No.7)}, volume = {2013}, journal = {Global Turkey in Europe (Policy Brief No.7)}, number = {7}, publisher = {IAI: Instituto Affari Internazionali [u.a.]}, address = {Rom [u.a.]}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-16438}, pages = {5}, abstract = {Europe has been a primary actor in Turkey's democratization process and for the Kurdish political struggle carried out simultaneously by the PKK and civilian actors since the late 1980s. The European Union and the European Court of Human Rights have had an indispensable role in raising awareness and documenting the plight of the Kurds on the one hand and inducing Turkey to embark on political reform on the other. Since the mid-2000s, however, the dynamics between Europe, the Turkish government and the Kurdish political movement have drastically changed, diminishing the role, legitimacy and significance of European institutions in Turkey and forcing the Turkish state and the Kurds to develop a "home grown" solution to the conflict. While the "peace process" launched by the government in late 2012 raises hopes for a peaceful settlement, the mismatch between the parties' expectations render it extremely fragile.}, language = {en} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {Reparations and Displacement in Turkey: Lessons Learned from the Compensation Law}, series = {Case Studies on Transitional Justice and Displacement}, volume = {July 2012}, journal = {Case Studies on Transitional Justice and Displacement}, publisher = {ICTJ / Brookings}, address = {Washington, D.C. [u.a.]}, pages = {22}, abstract = {In countries that have experienced large-scale displacement, compensating the losses of victims raises unique challenges for governments. The difficulty of designing and implementing a reparations program is further elevated in a context where displacement was both on a massive scale and forced, where the displaced have been subject to serious human rights abuses by security forces and where these incidents occurred is an armed conflict. The economic, administrative, and legal challenges affiliated with the design and implementation of a mass-scale compensation program for hundreds of thousands, if not millions, of victims are exacerbated by the complexity of political and legal issues associated with prosecuting state agents. The forced displacement of more than one million individuals in Turkey in the context of the armed conflict between the Turkish armed forces and the Kurdistan Workers' Party (PKK) is a prime example of this situation. After years of denial of state responsibility, in an effort to enhance its chances for EU accession, the Turkish government adopted a compensation law for the displaced in 2004. Being one of the few countries actually compensating the displaced for their economic losses, Turkey has often been pointed to by the international community as an exemplary case. Yet, a close study of the government's policies on displacement in general and the compensation law in particular shows that the international community has prematurely hailed Turkey for its compensation scheme for the displaced. Furthermore, the limited reparative efforts of the Turkish government took place in the absence of a political solution to the Kurdish question or a "transition" to peace. Drawing on the lessons drawn to be learned from the Turkish case, this paper aims to reflect on the challenges of designing and implementing an effective reparations program for the displaced in situations where the root causes of displacement are still valid.}, language = {en} } @book{KurbanYegen, author = {Kurban, Dilek and Yegen, Mesut}, title = {Adaletin K{\i}y{\i}s{\i}nda: 'Zorunlu' G{\"o}{\c{c}} Sonras{\i}nda Devlet ve K{\"u}rtler- 5233 Say{\i}l{\i} Tazminat Yasas{\i}'n{\i}n bir Değerlendirmesi- Van {\"o}rneği}, publisher = {TESEV Publications}, address = {Istanbul}, isbn = {978-605-5832-95-7}, publisher = {Hertie School}, pages = {166}, abstract = {In 2004, the Turkish government adopted a compensation law for the Kurdish victims of forced displacement during the armed conflict between the PKK and the Turkish military in the late 1980s and the 1990s. Acclaimed by the UN and the EU as a successful example of a domestic reparations program, the law enhanced Turkey's chances for the opening of the accession talks with the EU and led the European Court of Human Rights to reject, on the basis of the availability of a new mechanism, around 1,500 applications filed by the Kurdish displaced. The law was also welcomed as a justice mechanism. Based on an extensive fieldwork in the province of Van in Turkey's Kurdish region, this book analyzes the substance and the implementation of this law from the lens of the displaced, their lawyers, the civil society in Van and the public officials charged with implementing the law. It questions the assumption that the law provides an efficient transitional justice mechanism capable of repairing the relations between the Turkish state and its Kurdish citizens.}, language = {mul} } @article{Kurban, author = {Kurban, Dilek}, title = {Kein schmutziger Deal mit Erdogan}, series = {Die ZEIT}, journal = {Die ZEIT}, publisher = {Die ZEIT}, abstract = {Die T{\"u}rkei bietet syrischen Fl{\"u}chtlingen keinen wirklichen Schutz. Sie kann deshalb auch kein Partner der EU bei der Abriegelung ihrer Grenzen sein.}, language = {de} } @article{Kurban, author = {Kurban, Dilek}, title = {Forsaking Individual Justice: The Implications of the ECtHR's Pilot Judgment Procedure for Victims of Gross and Systematic Violations}, series = {Human Rights Law Review}, volume = {16}, journal = {Human Rights Law Review}, number = {4}, publisher = {Oxford Journals}, issn = {1461-7781}, pages = {731 -- 769}, abstract = {The Council of Europe's enlargement rendered reforming the European Court of Human Rights (ECtHR) inevitable. The post-1998 reforms aimed at transforming the ECtHR into a quasi- constitutional court and enhancing its efficiency. This article is concerned with one such reform, 'the pilot judgment mechanism', and contests the desirability of its application to gross and systematic violations. The article discusses why, contrary to opposing claims, the ECtHR's judgment in Doğan and Others v Turkey concerning the forced eviction of Kurdish civilians by the Turkish military is a pilot judgment. It then shows why this matters, based on the Court's İ{\c{c}}yer decision which found a compensation law the Turkish government adopted in response to Doğan and Others to be an effective domestic remedy and rejected 800-1,500 pending cases. Based on empirical research on the implementation of this law, the article argues that in applying the pilot judgment to the Kurdish cases, the ECtHR reduced the notion of 'effective remedy' to compensation, overlooking the victims' demands for truth and justice, and enabled Turkey to continue to commit gross violations with impunity. It concludes that while pilot-judgments might be effective in handling repetitive cases arising from systemic legal problems in post-communist contexts, they should not be applied to conflict or post-conflict cases where the underlying problems are deeply-rooted ethno-political disputes.}, language = {en} } @article{Kurban, author = {Kurban, Dilek}, title = {Merkel's Deal with Turkey}, series = {Dahrendorf Blog}, journal = {Dahrendorf Blog}, abstract = {The Syrian refugees deal between the EU and Turkey, brokered by Chancellor Angela Merkel during her October 2015 visit to Turkey, was politically and morally contentious from the start. It has become all the more critical after the Paris attacks.}, language = {en} } @techreport{KurbanSozeri, type = {Working Paper}, author = {Kurban, Dilek and Sozeri, Ceren}, title = {Caught in the Wheels of Power}, publisher = {TESEV Yayinlari}, address = {Istanbul}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-21163}, pages = {84}, abstract = {Research on media independence and freedom of press in any country, particularly in Turkey, requires more than an analysis of the regulatory framework. It is the political and ideological factors that lie behind the anti-democratic and repressive laws, rather than the content and implementation of these laws that can explain why and under which circumstances an independent and free media fails to emerge in a given country. This report is an attempt to understand the legal, political and economic constraints on media freedom and independence in Turkey through a historical lens}, language = {en} } @article{Kurban, author = {Kurban, Dilek}, title = {Europa verr{\"a}t im Umgang mit Erdoğan seine Werte}, series = {Zeit Online}, journal = {Zeit Online}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-21174}, pages = {2}, abstract = {Die EU darf nicht l{\"a}nger zum Krieg der T{\"u}rkei gegen die Kurden im eigenen Land schweigen. Und auch nicht zur Umwandlung des Landes in einen autokratischen Staat.}, language = {de} } @techreport{Kurban, type = {Working Paper}, author = {Kurban, Dilek}, title = {Country report : Non-Discrimination Turkey}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:b1570-opus4-21284}, pages = {129}, abstract = {The report, drafted for European Equality Law Network (the European network of legal experts in gender equality and non-discrimination), is part of a study into measures to combat discrimination in the EU Member States and candidate countries, funded by the European Commission Directorate-General for Justice and Consumers. The report provides an overview of Turkey's implementation of the EU anti-discrimination Directives up to 31 December 2015 and follows up on earlier reports drafted by the author for the same project.}, language = {en} } @article{Kurban, author = {Kurban, Dilek}, title = {The EU has a choice - suspend Turkey's accession process}, series = {Hertie School Research Blog}, journal = {Hertie School Research Blog}, abstract = {As post-coup purges erode democracy, the EU must take a stand, Dilek Kurban says in an interview.}, language = {en} }