By Timour Azhari
(Reuters) -Turkey is preparing a law to let thousands of Kurdistan Workers Party (PKK) fighters and civilians return home from hideouts in northern Iraq under negotiations to end generations of war.
A senior Middle East official and a Kurdish political party source in Turkey said the proposed law would protect those returning home but stop short of offering a general amnesty for crimes committed by former militants. Some militant leaders could be sent to third countries under the plans.
Bringing PKK guerrillas and their families home from their bases in mountainous northern Iraq is seen as one of the final hurdles in a peace process launched a year ago to end a war that has killed 40,000 people.
While officials have spoken publicly about reconciliation efforts in general terms, the sources disclosed details that have not previously been reported, including proposals for returns to take place in separate waves of civilians and fighters, and for commanders to be sent to third countries.
The Middle East official, describing the sensitive negotiations on condition of anonymity, said legislation to allow the returns could come before the Turkish parliament as soon as this month.
PLAN COULD INCLUDE SEPARATE WAVES OF RETURNS
Turkey’s intelligence agency MIT, which has led talks with the PKK, did not immediately comment on the proposal. The PKK did not immediately comment.
Since Kurdish militants launched their insurgency in 1984 – originally with the aim of creating an independent Kurdish state – the conflict has exerted a huge economic and social burden on Turkey and neighbouring countries.
Ending it would boost NATO member Turkey’s political and economic stability, and ease tensions in Iraq where the PKK is based, and Syria where Kurdish fighters have been allied with U.S. forces.
In a major breakthrough, the PKK announced a decision in May to disarm and disband after a call to end its armed struggle from its jailed leader Abdullah Ocalan.
In July the group symbolically burned weapons, and last month it announced it was withdrawing fighters from Turkey as part of the disarmament process. It called on Ankara to take steps to let its members participate in “democratic politics”.
But the terms of reconciliation have been sensitive, with Turkey wary of offering a wide amnesty for what it considers past crimes of a terrorist organisation.
Numan Kurtulmus, who heads a reconciliation commission set up by Turkey in August, said last week that any legal steps would come only after Turkey verifies that the PKK has completed its dissolution process.
“Once Turkey’s security and intelligence units have verified and confirmed that the organisation has truly laid down its arms and completed its dissolution process, the country will enter a new phase of legal regulations aimed at building a terror-free Turkey,” he said.
According to the senior Middle East official, the proposal now being discussed would see roughly 1,000 civilians and non-combatants return first, followed by about 8,000 fighters after individual screening.
Beyond that, the official said Turkey had so far rejected taking back around 1,000 senior and mid-level PKK figures, and wants them relocated to a third country, possibly in Europe.
Talks were ongoing on that issue, with some parties involved in the negotiations concerned that excluding PKK top brass from repatriation could eventually fuel a renewed insurgency, the official said.
Legislation to enable returns could come before the Turkish parliament as early as the end of November, the official added.
Tayip Temel, deputy co-chair of the pro-Kurdish DEM Party – which though an opposition party has worked closely with the government on the peace process – said the ongoing negotiations focused on a formula personally emphasised by Ocalan.
“Work is underway on a special law for the PKK to enable the democratic and social reintegration of its members,” Temel told Reuters.
“The law will cover everyone returning from the PKK, whether civilian or militant. There is no plan for a phased return. The formula being worked on is comprehensive and applies to all.”
He confirmed that Turkey had raised the idea of some PKK figures being sent to third countries, but said this would have to be discussed with the potential hosts.
DIFFERENT PROCEDURES FOR DIFFERENT GROUPS
Another source at DEM, parliament’s third-biggest party, said the commission drafting the proposal was working on a single, PKK-specific law that would avoid the language of a general amnesty.
“Different procedures will apply to different groups of returnees,” the source said, adding that some returning PKK members will likely face investigations and trials. “Otherwise it will be hard to reach common ground among parties in the commission.”
Once the parliamentary commission completes its work, it is expected to recommend the special PKK law to parliament, paving the way for potential legislation.
Human Rights Watch urged lawmakers to use the peace process to reform laws that have long been used to charge and incarcerate non-violent Kurdish activists.
The commission “has a unique opportunity to help shape a post-conflict society and should make bold recommendations to repeal abusive laws used to silence and marginalize people,” said Hugh Williamson, Europe and Central Asia director at HRW.
(Reporting by Timour Azhari in Baghdad; Editing by Jonathan Spicer and Peter Graff)
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