Hasankeyf merchants to protest DSİ's eviction order

Merchants in Hasankeyf have agreed to gather at the old municipal building this morning to express their opposition to the eviction notice issued by the DSİ (Turkey's State Hydraulic Works). They continue to insist that it is too early to move to the new settlement area, which cannot at present support a level of commercial activity anywhere near that of the current market in historic Hasankeyf.
 

Hasankeyf market, March 2018

It has been a month since the DSİ issued a tebligat (official notice) ordering the merchants to vacate their present stores. Pressure is mounting. A few Hasankeyf residents have been forced to move from their homes on Dicle Sokak, and these houses have been demolished to make way for the removal of architectural elements.

Demolition of homes along Dicle Sokak (21 March 2018)

To force the merchants out of their current locations before the new settlement area can support commercial activity would potentially violate the universal human right to work (as outlined in our letter to DSİ executives two weeks ago). The universal right to work is guaranteed by Turkey's 1982 Constitution (e.g., IV. Freedom to work and make contracts, Article 48; V. Work-related Provisions, Article 49).

The level of economic injustice perpetrated by the state (according to procedures defined in a Council of State Declaration issued in 2015 and amended in 2016) is completely out of line with international conventions and standards for sustainable economic development:

• Some Hasankeyf merchants have not been allowed to purchase new commercial property because they reside in surrounding villages and were, therefore, excluded from the compensation and relocation plan set up for Hasankeyf residents.
• Others report that they have been the denied the right to buy commercial property because they are not married.
• Some local entrepreneurs who have been operating various businesses in Hasankeyf for years have nonetheless been prevented from buying property due to bureaucratic technicalities (e.g., missing the cut-off date for registering a business, which was several years before the announcement in 2015 of procedures for resettlement).
• A number of business owners have borrowed money to purchase equipment and/or merchandise and worry that they face severe financial hardship, or ruin, if they are not able to continue doing business in their current location.

An unofficial English translation of the 2015 Council of State Declaration is available here.

We reiterate our hope that the merchants of Hasankeyf will be allowed to conduct business in their current locations at least until the cultural heritage conservation project is nearing completion and the majority of residents of Hasankeyf have moved to the new settlement area.

The route for removal of monuments is under construction (March 2018) 

Open letter to DSI: Forced eviction of Hasankeyf merchants would violate the universal right to work

*** The Initiative to Keep Hasankeyf Alive *** Hasankeyf Matters ***

*** Fivas – The Association for International Water Studies ***

*** The Corner House *** Riverwatch ***

OPEN LETTER

RE: Forced eviction of Hasankeyf merchants 

would violate the universal right to work

5 March 2018

To:
Mr. Murat Acu, General Director
State Hydraulic Works (DSİ)

Mr. Ali Naci Kösalı, Region 16 Director
State Hydraulic Works (DSİ)

Mr. Şehmus Erkan Dursun, Hasankeyf Branch Director
State Hydraulic Works (DSİ)

CC:
Prof. Dr. Veysel Eroğlu
Minister of Forestry and Water Affairs

Mr. Ahmet Deniz
Governor of Batman

Mr. Faruk Bülent Baygüven
District Governor of Hasankeyf

Dear Mr. Acu:
Dear Mr. Kösalı:
Dear Mr. Dursun:

We write to you to express our concern about the official notice (tebligat) of 22 February ordering merchants to vacate their shops in the historic touristic bazaar of Hasankeyf within two weeks. The notice warns that failure to comply will result in forced eviction. Such action would constitute a flagrant violation of the right to work, which is enshrined in the Universal Declaration of Human Rights (Article 23). [Also published in Turkish]. Case law of the European Court of Human Rights protects aspects of the right to work.

We note that the new settlement area is still under construction and cannot support a level of commercial activity equivalent to that currently enjoyed in the historic touristic bazaar. We also note that Turkey has ratified the International Convention on Social, Economic and Cultural Rights (ICESCR) and is obligated to respect, protect and fulfill the right to work.

Of particular relevance to the present situation in Hasankeyf is the fact that under Article 6 of the ICESCR, Turkey is committed to safeguarding the right to work by, among other measures, implementing “policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.”

The right to work “also implies the right not to be unfairly deprived of employment,” (ICESCR General Comment No. 18, paragraph 6). Should the government force the merchants out of their current location now or at any time prior to the installation and operation of facilities/services necessary to support and promote commercial activity in the new settlement area, it will have deprived the merchants, their families and the entire community of Hasankeyf of economic well-being and diminished their sense of dignity. Consequently, these merchants will be “entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or a guarantee of non-repetition” (General Comment No. 18, ICESCR, paragraph 48).

We refer also to the UN “Basic Principles and Guidelines on Development-based Evictions and Displacements.” As this is a situation in which the merchants (and all residents) of Hasankeyf are compelled to relinquish their property through expropriation, the state is obligated to compensate those displaced for various damages they suffer as a result of their involuntary displacement. Such damages include, for example: “lost opportunities, including employment, education and social benefits; material damages and loss of earnings, including loss of earning potential; moral damage; and costs required for legal or expert assistance, medicine and medical services, and psychological and social services” (paragraph 60, emphasis added).

These Guidelines also state, “Cash compensation should under no circumstances replace real compensation in the form of land and common property resources. Where land has been taken, the evicted should be compensated with land commensurate in quality, size and value, or better” (paragraph 60, emphasis added).

Notwithstanding Turkey’s obligation to compensate any and all whose economic well-being is to be diminished (in many cases irreparably) by the Ilısu Dam and Hydroelectric Plant Project, the merchants of Hasankeyf have proposed an interim solution, which would lessen to some extent the damage to their economic, social and cultural interests.

According to this proposal, the merchants would continue to conduct business in the historic market until the people of Hasankeyf have taken up residence in their new homes and the monuments to be salvaged (with the exception of the minaret of the Er-Rızk Mosque) have been relocated to the new settlement area. This would not only enable the touristic market to continue drawing visitors to the town, but it would also allow for a degree of social and economic continuity during the difficult transition to the new settlement area.

In conclusion, we call upon you to exercise the utmost care in planning and executing the relocation of the residents of Hasankeyf to their new homes and workplaces. You, as the state authorities managing the Ilısu Dam project, are responsible for safeguarding the human rights of all those affected by the project. In cases where these rights are violated, you are responsible for ensuring that those who have suffered harm are compensated appropriately.

Signed

Hasankeyf Matters
The Initiative to Keep Hasankeyf Alive
Fivas – The Association for International Water Studies, Norway
The Corner House, United Kingdom
Riverwatch, Austria

Er-Rızk Mosque, Hasankeyf (built 1409)

Europa Nostra’s Board gives statement on the endangered heritage site of Hasankeyf, Turkey

The Hague, 29 June 2017 — The Board of Europa Nostra, the leading heritage organisation in Europe, made a statement about the Ancient city of Hasankeyf and its surroundings in Turkey, listed among the 7 Most Endangered heritage sites in Europe in 2016, following a nomination by the Cultural Awareness Foundation. In their statement, the Board of Europa Nostra deeply deplores the decision of the Turkish government to build a dam that would lead to the flooding of a site of world significance, without proper and transparent justification and without adequate compensation measures. In particular, the Board regrets that the removal of the Zeynel Bay Tomb has been carried out with insufficient consultation with the local and scholarly communities and that other Islamic monuments of great significance remain highly endangered. The Board of Europa Nostra urges the Turkish authorities to adhere to the standards of heritage protection that are included in the European Conventions and to set up a proper consultation process with local communities and civil society organisations concerned in an open and transparent manner.

Koç Mosque and Sultan Süleyman Mosque (center);
minaret of Er-Rizk Mosque (left)

Statement by the Board of Europa Nostra

The Board of Europa Nostra, meeting on 14 May 2017 in the framework of the Europa Nostra’s European Heritage Congress in Turku, Finland, was advised that the longstanding intention of the Turkish Government to move the Zeynel Bay Tomb, a monument featuring Timurid tradition, has now been completed, as part of the ongoing government project to build a dam that will lead to the flooding of the archaeologically and architecturally important site of Hasankeyf on the river Tigris.

It is to be regretted that this removal has been carried out without sufficient documentation having been provided and certainly with insufficient consultation either with the local or with the scholarly community, both of which believe that the value of the site of Hasankeyf is far greater than the benefits to be obtained by its flooding. It is to be even more regretted that other Islamic monuments of great significance including the medieval bridge of the 12th century of the Artukid dynasty, the 15th century mosque complex and tomb of the Ayyubid Sultan Süleyman and the Imam Abdullah tomb, remain at risk. For all these reasons, Hasankeyf was included on its 2016 List of 7 Most Endangered sites in Europe, as part of the programme run by Europa Nostra in partnership with the EIB Institute and the Council of Europe Development Bank.

The Europa Nostra Board also deplores the fact that the law recently passed by the Turkish Grand National Assembly overrules the decision taken by the Turkish courts in 2013 that the relevant Environmental Impact Assessment Report was inadequate.

In the light of the above worrying developments, Europa Nostra Board states the following:

1) The foreseen flooding of Hasankeyf would destroy evidence for one of the oldest organised human settlements ever discovered. Such a site is not just of national and European but of world significance. Therefore, we believe that it is incumbent not only on Turkey but on the entire international community to ensure its safeguard.

2) Hasankeyf possesses one of the richest treasures of Islamic monuments in any country member of the Council of Europe. Acknowledging and affirming the value of this heritage for Europe’s shared cultural heritage, we deeply deplore the decision of the government of Turkey, a Member State of the Council of Europe, to build a dam which would lead to the flooding of such a site and, as a consequence, to the loss of one of the most valuable witnesses of Islamic heritage in a European country, without proper and transparent justification and without adequate compensation measures.

3) We urge the Turkish authorities to adhere to the principles and standards of heritage protection which are included in the European Conventions adopted under the auspices of the Council of Europe and of which Turkey is a signatory (namely the Granada Convention and the Valletta Convention). We also make a strong appeal to the Turkish authorities to set up a proper consultation process with local communities and civil society organisations concerned in an open and transparent manner. It is by now very late but applying best international practice to this case of outstanding but endangered heritage could still be beneficial.

CONTACTS:

Europa Nostra
Joana Pinheiro
Communications Coordinator
E: jp@europanostra.org
T: +31 63 43 65 985, M: + 31 6 34 36 59 85

Hasankeyf Matters
John Crofoot
Co-founder
E: johncrofoot@yahoo.com
T: +1 404 831 7757, +90 542 285 85 67

TO FIND OUT MORE:

www.europanostra.org
7mostendangered.eu
Facebook: Europa Nostra
Twitter: @europanostra
Flickr: europanostra

www.hasankeyfmatters.com
Facebook: Hasankeyf Matters
Twitter: @HKMatters

BACKGROUND:

About Europa Nostra
Europa Nostra is the pan-European federation of heritage NGOs which is also supported by a wide network of public bodies, private companies and individuals. Covering more than 40 countries in Europe, Europa Nostra is the voice of civil society committed to safeguarding and promoting Europe’s cultural and natural heritage. Maestro Plácido Domingo is the President of the organisation. Founded in 1963, Europa Nostra is today recognised as the most representative heritage network in Europe. We campaign to save Europe's endangered monuments, sites and landscapes, in particular through the 7 Most Endangered programme. We celebrate excellence through the EU Prize for Cultural Heritage / Europa Nostra Awards. We also contribute to the formulation and implementation of European strategies and policies related to heritage, through a structured dialogue with European Institutions and the coordination of the European Heritage Alliance 3.3.

About Hasankeyf Matters
Hasankeyf Matters was formed in Istanbul in 2012 with the goal of consolidating information about Hasankeyf, its history and its potential for economic development. With volunteers based in Hasankeyf as well Istanbul, Hasankeyf Matters has organised twice-yearly “ingatherings” in Hasankeyf to attract visitors and showcase elements of traditional life (e.g. gardening, herding, fishing, foraging) that could serve as the foundation for commercial services for tourists. Hasankeyf Matters partnered with The Initiative to Keep Hasankeyf Alive and the Cultural Awareness Foundation (a Turkish NGO) in the successful nomination of Hasankeyf for the 7 Most Endangered programme run by Europa Nostra in partnership with the European Investment Bank Institute and with the support of the Creative Europe programme of the European Union.

About Hasankeyf
Hasankeyf, sitting on the banks of the River Tigris, is one of the most important architectural and archaeological sites in Europe, boasting a rich biodiversity and 12,000 years of human history. Masterpieces of Islamic architecture, dating from the 12th to 15th centuries C.E., make the town one of the best preserved witnesses to Seljuk urban culture, particularly from the Artukid and Ayyubid dynasties.

A small town with a great heritage, Hasankeyf already attracts about 500.000 visitors each year, a number expected to rise. Given its historical, architectural and economic significance for the region, public opinion supports its preservation. The area was declared a First Degree Archaeological Site by Turkey’s Supreme Board of Monuments in 1978 and has been under the protection of the Culture Ministry’s General Directorate of Antiquities and Museums since 1981.

The urgent threat to Hasankeyf is posed by the Ilısu dam hydroelectric power project which, if implemented as planned, would submerge the site under 65 metres of water by 2018. The Government of Turkey has a vision for salvaging selected monuments and developing the site as a prestigious destination. However, Hasankeyf’s preservation in its original location might prove more economically advantageous than the dam, and its cultural significance for Turkey is incomparable.

A legal challenge to Hasankeyf resettlement guidelines

Last month the Turkish Government issued a declaration (published 5 May 2015 in the Resmi Gazete) defining eligibility requirements for housing in the future settlement area of Hasankeyf. (An English translation is available here.)

Rather than ensuring “the equal enjoyment of the right to adequate housing by all” as required by international law, this declaration appears to exclude certain segments of the Hasankeyf population and prevent many residents from taking advantage of measures intended to ease the transfer to the new settlement area.

Specifically, only households that enjoy the status of “family” as defined by Article 17 of Housing Law 5543 are eligible to purchase residential units with state-supported financing. In addition, business owners who do not have adequate documentation of business operations, including commercial tax payments, will not be eligible to purchase commercial space in the new Market Center. One Hasankeyf business owner estimated that these criteria would disqualify 60 percent of Hasankeyf business owners.

The Initiative to Keep Hasankeyf Alive (HYG) argues that the declaration is inconsistent with constitutional guarantees of equal rights and has filed a lawsuit in Batman to have the declaration annulled. Local and regional activists speaking at an HYG press meeting in Hasankeyf last Sunday described the Ilısu Dam project, which is expected to flood Hasankeyf and require residents to relocate, as the continuation of government policies that have forced Kurdish villagers from their homes and driven them into poverty. 

The Initiative to Keep Hasankeyf Alive announced a lawsuit
against the recently published guidelines for
property purchases in the new settlement area.

While construction of residential units in the new settlement area has resumed after a pause of nearly two years, there is no clear timeline for the purchase and occupation of the new housing. Once qualifying families take possession of their new homes, they will be required to vacate their present homes within 30 days.

Construction of residential units in the new settlement area
has recently resumed.

The declaration also states that the cost of new units in multi-story buildings will range from 54,000 to 116,000 TL (not including taxes and the value of land). As one Hasankeyf resident noted, the typical Hasankeyf family accepted 70,000 TL from the government for a 2-bedroom home with garden and must go into debt to buy a home in an apartment building. “Where is the land, where are the gardens?” he asked.

It’s a valid question. The United Nations’ “Basic Principles and Guidelines on Development-Based Evictions and Displacement” categorically reject the use of cash compensation to “replace real compensation in the form of land and common property resources.” Paragraph 60 of the UN Guidelines also state, “Where land has been taken, the evicted should be compensated with land commensurate in quality, size and value, or better.”

The topography, soil and town plan of the new settlement area
(foreground) cannot match the verdant gardens of Hasankeyf's
current residential neighborhood (visible in the distance). 

-- HK Matters team

Less haste

The Ilısu construction site (source: DSİ)

While the Ingathering last weekend at Hasankeyf was a fantastic experience for all involved, there was also some sobering news: A worker at the Ilısu Dam site lost his life in an industrial accident on Sept. 5. We of course offer our condolences to his family; while we are unquestionably against the Ilısu project, any loss of life is a tragedy.

However, we are also concerned that this could be a first sign that the government is overreaching in the accelerated program for Ilısu (and in general for expropriation to faciltate HEP and other infrastructure projects) and perhaps also in its new incentive package for the Southeast.

Ilısu construction workers (source: DSİ)

Experts and friends of Hasankeyf alike have long protested that there remains no real plan (nor sufficient time) for protection or relocation of the town's cultural assets. Hearing of a site death in a landslide less than a week after diversion of the Tigris began, we are again reminded of this.

Whatever lies ahead for Hasankeyf and its residents, we would like to hope that the authorities are acting with all due consideration, and fully weighing up the options before acting...

If the opposite is the case, it will not be for the first time, but it will be a further tragedy.

--Helen

Hasankeyf matters globally

Former Today’s Zaman columnist and long-term Turkey resident Andrew Finkel focused on Hasankeyf in his post this week on his Latitude blog at The New York Times.

As well as providing a general assessment of the issues involved in the Ilısu/Hasankeyf debate, Finkel also links to an excellent EurasiaNet.org photo essay by Constanze and Jonathan of Tarlabaşı Istanbul.

If it raises the profile of Hasankeyf, we at Hasankeyf Matters support it! We’d love to see your thoughts on Finkel’s column in the comments section below.

-- HK Matters team