Legal Pluralism in Action: Dispute Resolution and the Kurdish Peace Committee

222 Pages·2014·1.35 MB·English

by  Latif Tas

LegaL PLuraLism in action
Tas’ path-breaking empirical study of dispute processing in Britain’s Kurdish community underpins his superb
book. Using case studies, ethnographic observation and rich interview material, and setting everything in
historical and cultural context, he illustrates how legal pluralism can be an everyday reality for ethnic
minority groups, and why state law so often does not help to solve their problems. This is essential reading for
anyone interested in problems of regulating multicultural societies today.
roger cotterrell, Queen mary, university of London, uK
This insightful study illustrates the beneficial role of community cohesion, based on non-state law, in the midst
of London. The rich and unique experience of the Kurdish Peace Committee, without sliding into religious
dogmatism or patriarchal authoritarianism, proves the strength of living law today, engaging people’s power
to settle disputes in the shadow of the state.
Werner menski, soas, university of London, uK
A ground breaking ethnographic study that provides a unique perspective into alternative dispute resolution
processes and mechanisms among Kurds in the diaspora. Many have written on the history and political
aspirations of Kurdish people in the past, but this is the very first study in the English language that not only
challenges prevailing ways of thinking about the emergence of ethno-nationalist subjectivities and demands,
particularly those dealing with the Kurdish identity, but also introduces a whole new set of methodological
tools, a new epistemology and a refreshing socio-legal perspective that have been long wanting in the field
of Kurdish Studies.
Yüksel sezgin, syracuse university, usa
This timely book is an important contribution and offers a rare insight into the unique and hybrid system with
which the diasporic Kurdish community in London deals with conflict resolution.
Welat Zeydanlioglu, coordinator of Kurdish studies network, sweden
To my family.
Legal Pluralism in action
Dispute resolution and the Kurdish Peace committee
Latif tas
SOAS, University of London, UK
© Latif tas 2014
all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted
in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior
permission of the publisher.
Latif Tas has asserted his right under the Copyright, Designs and Patents Act, 1988, to be identified as the
author of this work.
Published by
ashgate Publishing Limited ashgate Publishing company
Wey court east 110 cherry street
union road suite 3-1
farnham Burlington, Vt 05401-4405
surrey, gu9 7Pt usa
england
www.ashgate.com
British Library Cataloguing in Publication Data
a catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
tas, Latif, author.
Legal pluralism in action : dispute resolution and the Kurdish peace committee / By Latif tas.
pages cm.
includes bibliographical references and index.
isBn 978-1-4724-2208-8 (hardback) -- isBn 978-1-4724-2209-5 (ebook) -- isBn 978-1-4724-2210-1
(epub) 1. Dispute resolution (Law) 2. Legal polycentricity. 3. customary law courts. 4. Kurds--Legal sta-
tus, laws, etc. 5. Kurds--Legal status, laws, etc.--great Britain. 6. Kurds--Legal status, laws, etc.--turkey.
i. title.
K2390.t37 2014
303.6'908991597--dc23
2013044881
isBn 9781472422088 (hbk)
isBn 9781472422095 (ebk – PDf)
isBn 9781472422101 (ebk – ePuB)
V
Printed in the united Kingdom by Henry Ling Limited,
at the Dorset Press, Dorchester, Dt1 1HD
Contents
List of Abbreviations vii
Glossary ix
Acknowledgements xiii
Introduction 1
1 Legal Pluralism 9
2 Kurds in Turkey: The Historical Background 29
3 Kurds in the UK: Settlements and Processing of their Needs 65
4 Marriage, Rituals and Conflicts in Kurdish Society 103
5 Business and Criminal Disputes and their Customary Solutions 133
Concluding Thoughts 163
Bibliography 169
Index 195
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List of Abbreviations
ADR Alternative Dispute Resolution
AKP Justice and Development Party (Adalet ve Kalkinma Partisi)
BDP Peace and Democracy Party (Barɪṣ ve Demokrasi Partisi)
COMPACC Campaign against Criminalising Communities
CNN Cable News Network
CUP Committee for Union and Progress (Ittihat ve Terakki Cemiyeti)
DBFP Documents on British Foreign Policy
ECHR European Court of Human Rights
ECJ European Court of Justice
EEA European Economic Area
GAP Eastern Turkey Major Water Projects
GCSE General Certificate of Secondary Education
GLA Greater London Authority
IMECE Turkish-speaking Women’s Organisation
KAC Kurdish Advice Centre
KCC Kurdish Community Centre
KCK Kurdish Community Confederation
KHK Secondary Law (Kanun Hükmünde Kararname)
KHRP Kurdish Human Rights Project
KPC Kurdish Peace Committee (Kürtlerin Barış Mahkemesi, Komisyonu)
KSSO Kurdish Studies and Student Organisation
KWRW Kurdish Women’s Rights Watch
MARAC Multi-Agency Consortium
NGOs Non-governmental organisations
OHAL State of Emergency War-zone Law (Olağanüstü Hal)
PKK Kurdish Workers Party (Partiya Kărkeran Kurdistan)
RLC Records of the Lausanne Conference
SDVC Specialist Domestic Violence Courts
TBMM Turkish National Parliament (Türkiye Büyük Millet Meclisi)
TCK Turkish Penal Code (Turk Ceza Kanunu)
UN United Nations
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Glossary
açgözlü grasping
adam a man
adam gibi ol ‘act like a man’
adet customs
ağa Kurdish feudal leader, lords, tribal chiefs
ahidname treaty, agreements
ahlaksız unethical
ak Sakallılar white beards, wise and respected elders in Turkish and
Kurdish communities
akraba evliliği inter-family, parallel cousins, consanguineous or
endogamous marriage
anasırı Islâmiye Islamic elements
Angora Ankara
Aşiret Mektebi School for Tribes
ayıp shame
ayıplar olsun sana ‘shame on you’
azallar birliği commission of respected people
baba beni okula göndersene ‘father, send me to school’
berdel evliliği simultaneous ‘swapping’ marriage between
the brother and sister of one family with the
the brother and sister of another family
cahil cesareti noisy bravery
cemevi place for Alevi ritual or religious practices
çeyiz marriage trousseau
Dağ Dilli Turkish title of the play Mountain Language
by Harold Pinter
dede Alevi community elders, religious leader
dergah Alevi or religious place
düğün wedding ceremony and marriage celebration
düğün salonu wedding venue
düşkün term applied to those who behave badly in the eyes of the
Alevi community
falaka bastinado, a form of torture that involves caning the soles
of someone’s feet
Fikra-i Islahiye new Ottoman military force, introduced in 1863
gecekondu illegal shanty town ‘put up at night’
guanxi trust and mutual obligation (Chinese)
gurbet diaspora
halay Kurdish dance
halkevi community centre, public house
halk mahkemesi public court