Erbaş: The source of the lawlessness is the approach to the Kurdish problem

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  • 09:51 23 October 2020
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İSTANBUL - Understanding that the way to find a permanent solution to the Kurdish problem is through the establishment of a participatory constitution, lawyer Doğan Erbaş urged everyone to meet on a democratic ground before the problems get deeper.

The Peoples' Democratic Party (HDP) published a 'Democratic Attitude Document' titled 'Together Towards a Democratic Future' on June 1, 2020. Two sub-headings of the document which has 9 articles was 'For rights, law and justice' and 'For a democratic constitution'. Coming together with many institutions, organizations and non governmental organizations as part of the 3 month program, HDP published a 'Call to Peace Declaration' on August 31.The declaration that stated that the root of all problems is the security focused policies towards the Kurdish problem, it was emphasized, "Our country is in urgent need of peace like the soil needs the water".
We spoke to HDP Legal Commission Member Doğan Erbaş about the democratic constitution they wanto to establish. 
HDP Hukuk Komisyonu Üyesi Doğan Erbaş ile açıkladıkları deklarasyonda nasıl bir demokratik anayasa istediklerini konuştuk. 
Stating that constitutions as a social contract are of vital importance for the governments of the country, Erbaş stated that constitutions, which mean social contracts, should be examined under two titles. Defining these two titles as, 'The construction process of the constitution' and the 'content of the constitution', Doğan said "When you take into consideration the process of the construction of the constitutions in Turkey, you will realize that they are anti-democratic.Constitutions are prepared on the basis of a political process in which all layers of society participate. But constitutions in Turkey are prepared by a handful of political elitists which is why the constitutions in Turkey are anti-democratic. The environment when the September 12 Coup Constitution prepared was clear as day. The constitution was drafted with a showpiece referendum in a process that manipulated the society under coup conditions. In this sense, the construction process of the constitution means it was imposed from up high. We are ruled by that constitution."
Reminding that there is an impunity practive that has been going on for a long while, Erbaş said: "The real reason of all the violations of rights in Turkey is the impunity. The most recent example is the two citizens thrown from the helicopter by the soldiers in the Çatak district of Van. While the journalists who broke the story were arrested because they 'made news or interviews about social incidents against the state', those who threw the two men from the helicopter were not even investigated. It is being investigated with a confidentiality order, away from the public eyes. These investigations pave the way for the law enforcement forces to commit crimes."
Pointing out that the real reason of the violations of rights is that the Kurdish problem is not being solved with democratic ways, Erbaş said: "The deadlock of the Kurdish problem either limits or totally eliminates the rights and freedoms of the people pf Turkey. Therefore we can say that the reason for the anti-democratic practices in Turkey is the deadlock in the Kurdish problem."
Stating that they, as the HDP have made a call on August 31 and said a peaceful solution is possible for the Kurdish problem in such a period in which anti-democratic practices experienced and injustice and violations of rights are increasing, Erbaş said: "In order to achieve this, a comprehensive negotiation process should begin. But instead of a negotiation process, an operation was launched against our party after our call. We think the government responded to our call in this way."
Underlining the fact that in order to establish a democratic constitution the state, politics and the society must be democratic, Erbaş said: "What are the needs of Turkey? We have to think about it. What kind of a constitution can be a remedy to Turkey's problems. No law that does not care about gender equality and women's freedom is a democratic law. A constitution must be made with the participation of all segments of society, especially women. The way to a permanent solution to the Kurdish problem on a democratic ground is to form a participatory constitution. This can only take place in the constitution on a democratic ground. We drew attention to this in the 'Call for Peace Declaration'. Our call was to meet on a democratic ground before the problems get deeper ”.
MA / Naci Kaya - Ferhat Çelik 

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