APPENDIX 4
Memorandum from the Kurdish Human Rights
Project
PRELIMINARY CONCLUSIONS
FOLLOWING FACT
FINDING MISSION
TO ILISU
AREA OF
SOUTH EAST
TURKEY, SEPTEMBER
1999
1. The Kurdish Human Rights Project (KHRP)
is a UK based charity, established in 1992. Its purpose is to
promote and protect the human rights of people living in the Kurdish
regions of Turkey, Iran, Iraq, Syria and the former Soviet Union.
2. In September 1999, a delegation from
the KHRP travelled to south eastern Turkey. The purpose of the
visit was to explore the implications of the proposed Ilisu dam,
for which Balfour Beatty is currently seeking an export credit
guarantee from the UK Export Credits Guarantee Department. This
is the latest in a series of dams constructed as part of the Turkish
Government's South East Anatolia Project (GAP).
3. Pending the completion and publication
of our final report, this letter sets out, in brief, our preliminary
findings and concerns. We hope they will prove to be of assistance
to your Committee.
THE FACT
FINDING MISSION
4. Our purpose was to make site visits and
to confer with elected officials, members of local organisations
and those likely to be affected by the dam. Upon its arrival in
the region, the delegation became subject to constant police surveillance
and control. This made it impossible to conduct investigations
as originally intended. Nevertheless, the delegation conducted
recorded interviews with local politicians, lawyers, historians
and a small number of project-affected residents. We also attended
a public conference conducted by academics and government officials
on the archaeological and historic significance of Hasankeyf,
an ancient city which bridges the Tigris river less than 100 km
north of the Turkish-Iraqi border. The current dam proposal will
result in the loss of the city, which will be largely submerged
in the Ilisu reservoir.
FINDINGS
Consultation and participation
5. As the Committee will acknowledge, involuntary
resettlement can be traumatic, irrespective of a person's social
or economic background. This is reflected both in the guidelines
of international development institutions, such as the World Bank,
and in the language of resolutions emanating from UN bodies dealing
with human rights. Development projects entailing displacement
must involve active community participation, both in the planning
and implementation of resettlement programmes.
6. The delegation's findings on these issues
were as follows:
— Interviews with local officials revealed
that there has been no formal consultation between local government
representatives and either the relevant Turkish government agency
(the State Hydraulic Works, DSI) or the applicant consortium.
— Elected officials invariably said
that they had only learned of the dam project through the press
and their own research. None had access to official documentation
and requests for such access were ignored.
— Rural communities, some of which
will be submerged in the reservoir, have not been individually
informed of the Turkish Government's approval of the project.
The view was expressed that the people of the region, many of
whom are illiterate, will not be informed until financial support
for the project has been confirmed.
— The delegation explored the possibilities
for public organised debate on the desirability of the project.
Such an eventuality was thought by those to whom we spoke to be
risible. Local people may not publicly challenge the nature or
merits of the dam project. Under Article 15 of the Turkish Law
of Civil Servants (No.657), it would be an offence for elected
representatives to oppose the dam outright. The "no project"
option is not discussed. Nonetheless, all officials interviewed
expressed opposition to the construction of a dam that involved
the flooding of Hasankeyf.
Resettlement
7. The delegation found that:
— Confusion exists over the number
of people estimated to be affected by the project. Balfour Beatty
states that in addition to Hasankeyf, "around 50 small villages/settlements"
will be flooded. Documents obtained by the delegation suggest
that a total of 93 will either be flooded completely or lose part
of their land due to submergence.
— Balfour Beatty assesses the number
of people directly affected by the project at between 12-16,000.
Documents obtained by the delegation suggest that a figure of
25,000 may be more accurate. Balfour Beatty suggests that, since
data was compiled in 1990, many have left the dam region in search
of economic prosperity in nearby conurbations. Independent reports
and documentary evidence obtained by the delegation indicate that
this is an incorrect interpretation of the data. Much resettlement
has taken place under duress. Many villages have been razed to
the ground and few villagers, if any, have been compensated.
— The construction of the dam will
remove the chance for a forcibly resettled villager to return
to his home if it has been submerged in the Ilisu reservoir. Such
persons must be entitled to categorisation as "project affected".
Expropriation & Compensation
8. Those directly affected appear to be
unaware of their rights under Turkish expropriation law. Turkish
laws in respect of compensation are currently embryonic, inadequate
and in any event, emasculated by soaring inflation.
9. The delegation found that:
— Landowners dissatisfied with property
valuations for the purpose of compensation may appeal against
a valuation, but many villagers are unaware of the right to challenge
such findings both in regional and national courts.
— The process of appeal is cumbersome,
time consuming and prohibitively expensive for poorer villagers.
— Where higher compensation is agreed,
it is not paid in a timely manner, and becomes subject to the
ravages of rapid inflation, currently running at approximately
65 per cent.
10. These factors lead to the conclusion
that compensation will be neither prompt, adequate nor effective,
the standard required under international law.
Hasankeyf
11. The delegation made two visits to Hasankeyf
and observed the following:
— The Ilisu dam is expected to flood
Hasankeyf, a city which is a unique repository of Assyrian, Christian,
Byzantian, Eyyubian, Abbasidian and Ottoman culture. Archaeological
remains and artefacts of these cultures are evident at the site.
— The Kurdish population clearly regards
the site as a pivotal part of their heritage. Nevertheless, the
delegation was frequently reminded that the significance of the
site extends past its Kurdish resonance to an irrefutable global
importance.
— Hasankeyf was designated as a site
of historic importance under the Turkish Protection of Cultural
and Historic Sites Law (No. 2863). Such designation prohibits
any development on the site and imposes a duty on the Government
to maintain and preserve the site.
— The failure of the Government to
provide any support for the upkeep and preservation of Hasankeyf
is viewed in the area as evidence of a political agenda for the
eradication of Kurdish culture. Nearby, the city walls of Diyarbakir
suffer a similar degree of neglect. These walls are the longest
continuous stretch in the world, after the Great Wall of China.
— Whilst the present design of the
dam would leave some upper parts of the city exposed, it was the
view of local academics and members of the village community at
the site that an archaeological gold-mine lies beneath the modern
village itself. The existing proposal will result in the complete
loss of what is arguably the most important aspect of the site.
— Hasankeyf is a place of such archaeological
and religious significance that in different circumstances it
would clearly warrant designation as a world heritage site by
UNESCO.
Independent Monitoring
12. The project developers and relevant
export credit agencies have argued that independent monitoring
of resettlement is essential to ensuring a satisfactory relocation.
13. The delegation found that there is no
current prospect of independent monitoring of the project. The
political tenor of the region, together with intimidatory police
tactics, make the collection and analysis of independent data
and information in the preparatory stages of the project extremely
difficult, if not impossible. The delegation infers from this,
and from the recently stated position of the DSI, that effective
independent monitoring remains an elusive prospect in this region.
Water wars
14. States downstream of the Ilisu dam,
Syria and Iraq, are concerned that its construction will compromise
their usage of the waters of the Tigris river, currently indispensable
for drinking, irrigation and electricity generation. The spare
storage capacity of Ilisu's planned reservoir would alone be sufficient
to block the flow of the Tigris for an average of two to three
months of the year. Syria, which has for years demanded a mathematical
division of the water, has protested to Britain over its involvement
in the dam. Noting the strategic importance of Turkey's abundant
water resources, a report by the UK Defence Forum has warned that
the project could involve Britain in a water war between Syria,
Turkey and Iraq.
15. Several of those interviewed by the
delegation expressed similar fears. Anecdotal evidence obtained
by the delegation suggested that the flow of the Tigris at Hasankeyf
is already one sixth of its pre-GAP flow, due to the construction
of several dams upstream. This may also have serious implications
for the financial viability of the dam.
SUMMARY
16. Our findings strongly suggest:
— Support for the construction of the
Ilisu dam would be support for a potential human rights disaster.
— The project cannot be separated from
the political and military strategy employed by the Turkish Government
to eradicate Kurdish culture.
— The dam could pitchfork the region
into a water war.
— Alternatives to the Ilisu dam exist
and need to be properly explored.
— Any illusion of independent monitoring
of the project should be dispelled due to the prevailing conditions
in the region.
A full report will be forwarded to you by mid-October.
[3]We
attach for your consideration relevant documentation on the project.
[4]
If you have further questions on the contents
of this letter we would be delighted to assist.
Kurdish Human Rights Project
28 September 1999
3 The Ilisu Dam: A Human Rights Disaster in the Making,
Kurdish Human Rights Project, November 1999. Back
4
A copy of further supplementary articles from KHRP has been placed
in the Library. Back
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