MESA Banner
Possibility of Alternative Adjudication: A Case of Alternative Justice System Developed by the Kurds in Turkey
Abstract
In this paper, I explore alternative justice mechanisms proposed by the Kurdish Peoples’ Democratic Party (HDP) in Turkey. The HDP’s Public Relations Committees (PRCs) is one of the most prominent forms of justice mechanisms that Kurds have developed. It is now a common practice for Kurds to bring the disputes among communities to the PRC of HDP, which Kurds consider as a de facto political and legal authority. Furthermore, now the HDP’s PRCs have become a source of justice among not only Kurdish subjects but also among different ethno-religious groups in Turkey. While the Kurdish migrants in Istanbul are the primary users of this mechanism, they also recommend it to their friends, neighbors, and co-workers from other ethno-religious groups who then take their disputes to the committee. In the absence of general trust of the legal system and difficulties in accessing justice by various communities in Turkey, different groups seek new spaces to handle their disputes instead of appealing to the state’s legal system. In particular, women have become one of the primary constituencies of the PRC. Based on extensive ethnographic research, my paper discusses the structure and functioning of the mechanism in Istanbul and attempts to answer the question as to why it has such a wide appeal. I also explore the role of women in this mechanism, arguing that it has become a space for women’s empowerment. In addition, my paper explores how this mechanism has worked during the COVID19 pandemic. Considering that under COVID19, access to justice has been much more difficult than usual for everyone, it is crucial to examine the functions of informal justice mechanisms (such as PRCs) during this time. Few scholars have focused on Turkey’s minorities’ distrust of the legal system and the political, legal, and economic strategies they use to deal with Turkish legal system (Tas, 2022; Bozcali, 2014). The importance of informal ways of resolving disputes among Kurds has received very little attention. Similarly, the role of women in informal justice mechanisms is an understudied topic. My research thus offers a vital contribution to the studies of alternative justice mechanisms, indigenous politics, and legal pluralism by examining the ways in which politically marginalized groups deliver justice to different portions of society and challenge state authority by becoming an alternative source of justice.
Discipline
Sociology
Geographic Area
Afghanistan
Africa (Sub-Saharan)
Algeria
Sub Area
African Studies