MEJRS 2(1) Longue Durée Boyunca Zorunlu Göç: 1858-2015 Arasında Doğu Anadolu’da Toprak, Yerinden Edilme ve Tazmin

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Zorunlu göç konusunda araştırma yapanlar genellikle mevcut krizlere odaklanırlar ve vaka analizlerinde nispeten kısa zaman dilimlerini seçme eğilimi gösterirler. Ancak, kısa zaman aralıklarındaki vakaları ele almak çatışma, ayrılma, geri dönme ile

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  MIDDLE EAST JOURNAL OF REFUGEE STUDIES Başvuru: 18 Kasım 2016 Revizyon Gönderimi: 29 Aralık 2016 Accepted: 15 Şubat 2016 Online First: 15 Eylül 2017Copyright © 2017    Uluslararası Mülteci Hakları Derneği      http://mejrs.com ISSN 2149-4398    eISSN 2458-8962 DOI  10.12738/mejrs.2017.2.1.0108   Kış 2017   2(1)   117-134 Özgün Makale a (  )   Matthew Goldman (Dr.), İstanbul İsveç Araştırma Enstitüsü, İstiklal Caddesi 247, Tünel, Beyoğlu 34433 İstanbul. Eposta: goldmm@uw.edu Matthew Goldman a Longue Durée Boyunca Zorunlu Göç: 1858-2015 Arasında Doğu Anadolu’da Toprak, Yerinden Edilme ve Tazmin Öz Zorunlu göç konusunda araştırma yapanlar genellikle mevcut krizlere odaklanırlar ve vaka analizlerinde nispeten kısa zaman dilimlerini seçme eğilimi gösterirler. Ancak, kısa zaman aralıklarındaki vakaları ele almak çatışma, ayrılma, geri dönme ile konutun, arazinin ve mülkün tazminini etkileyen önemli temel konuları belirsizleştirebilir. Bu makale, geniş zaman dilimlerine odaklanıp geçici etkilere daha az dikkat gös - terildiğinde zorunlu göçü etkileyen nedensel mekanizmaların daha kolay belirlenebileceğini iddia etmek - tedir. Bu çalışma Güneydoğu Anadolu’da konutun, arazinin ve mülkün tazminini ve geri dönüşü etkileyen problemlere yönelik bir vaka incelemesidir. Uzun bir zaman dilimini seçerek 19. yüzyılın ortalarındaki tapu kadastro modernizasyonunun başlangıcından günümüze kadar yerel seçkinlerin devletin yasal kurumlarına dâhil edilme biçiminin arazi kullanımında uzun vadeli yapısal sorunların yanında çatışma, topraktan kop - ma; konutun, arazinin ve mülkün tazminini karmaşıklaştıran sorunlar yarattığını savunmaktadır. Anahtar Kelimeler Metodoloji • Onarıcı adalet • Tapu kadastro modernizasyonu • Mülkiyet hakkı  Original Article Received: November 18, 2016 Revision received: December 29, 2016 Accepted:  January 15, 2017 Online First: September 15, 2017Copyright © 2017    Te International Refugee Rights Association      http://mejrs.com/en ISSN 2149-4398    eISSN 2458-8962 DOI  10.12738/mejrs.2017.2.1.0108   Winter 2017   2(1)   117134 MIDDLE EAST JOURNAL OF REFUGEE STUDIES Abstract Researchers in forced migration studies usually focus on current crises and tend to adopt relatively short timeframes for case studies. And yet, studying cases within narrow timeframes can obscure important underlying issues impacting conflict, flight, return, and restitution of housing, land, and property (HLP). This article argues that using broad time frames and paying closer attention to temporal effects can help us identify underlying causal mechanisms impacting forced migration. It presents a case study of problems affecting return and restitution of HLP in southeast Turkey. Adopting a long-term time frame, it argues that the mode of incorporating local elites into state legal institutions from the beginning of cadastral modernization from the mid-19th century to the present day have created long-term structural problems in land tenure that not only provoke conflict and flight, but also complicate restitution of HLP. Keywords Methodology • Restorative justice • Cadastral modernization • Property rights a (  )Matthew Goldman (PhD), Swedish Research Institute-Istanbul, Istiklal Caddesi 247, Tünel-Beyoğlu, Istanbul 34433 Turkey.   Email: goldmm@uw.edu Matthew Goldman a Forced Migration over the Longue Durée:   Land, Displacement, and Restitution in Eastern Anatolia, 1858-2015  119 Goldman  / Forced Migration over the Longue Durée: Land, Displacement, and Restitution in Eastern Anatolia, 1858-2015 Academic work in the eld of forced migration studies typically focuses on recent and current crises, and with good reason. Since forced migration studies emerged as a distinctive academic eld in the 1980s, researchers have aspired to have a meaningful impact on policy and practice. They not only study those suffering from forced displacement, but also advocate for their rights and seek ways to improve their conditions (Fiddian-Qasmiyeh, Loescher, Long, & Sigona, 2014; Harrell-Bond, 1986 ). And yet, the erce urgency of the now should not lead us to neglect the study of earlier episodes of conict and forced migration, nor should it prevent us from viewing current events as the outcomes of processes unfolding over long periods of time.Elie (2014)  and Mareet (2007; 2013) have noted that the eld of forced migration studies is often criticized for being “ahistorical,” and they urge scholars to adopt more historical approaches in their studies of forced migration. In this article I support this call to focus more on history, but also go a step further by inviting forced migration researchers to engage more fully with temporal effects , or causal factors that have a specically temporal element. This not only entails expanding the time frames used to study subjects in forced migration, but also means paying close attention to underlying causal mechanisms with a temporal component, such as slow-building longue durée effects, critical junctures, and path dependency.Such concepts are derived from the social science school of historical institutionalism (  North, 1981; Pierson, 2004; Steinmo, Thelen, & Longstreth, 1992; Thelen, 1999 ). This school of thought sees strategic interaction in political life structured by both formal and informal institutions - “the humanly devised constraints that structure  political, economic, and social interactions” ( North, 1991, p. 97). It argues that institutions are created or reshaped at periods called critical junctures  —moments when actors nd the radical reconstruction of the rules of the game both possible and desirable, often due to war, crisis, the founding of a new state or organization, or some other major event. These new institutions then tend to persist over time due to self-reinforcing effects, such as a stronger party using its strength to continuously readjust these institutions in its favor. A common theme in such research is that institutions often outlive their “sell by” date, persisting even when they no longer offer an optimal means for problem-solving or achieving Pareto efcient outcomes. Thus, studies of institutional dysfunction —a painfully relevant subject in forced migration studies— often benet from a historical institutionalist approach.This article applies a historical institutionalist approach to explain problems affecting recent attempts to restore housing, land, and property (HLP) to internally displaced persons (IDPs) in southeast Turkey. It notes that recent attempts to restore HLP have coincided with a cadastral modernization program sponsored by the World Bank. Unfortunately, neither the plans for restitution nor the cadastral modernization  120 MIDDLE EAST JOURNAL OF REFUGEE STUDIES  program seem to have taken account of the underlying structural problems of the land tenure regime in this region. Projects to promote return have fared poorly while violent land conicts have emerged as a result of the issuing of new land titles under a cadastral modernization program that seeks to allocate lands without providing adequate conict resolution mechanisms. Given that this region is a post-conict region where state authority is often challenged, locals are armed, and violence is a common solution to disputes, such omissions have led to grave problems for human security and have failed to successfully promote restorative justice.The remainder of this article is divided into four main parts. The rst elaborates on the importance of temporal effects in social science research. It identies a few subjects from the eld of forced migration studies that would benet from a focus on temporal effects and suggests ways that research designs could incorporate them. The second section addresses the importance of land tenure regimes and property rights for understanding forced migration, return, and the restitution of HLP. This section argues that although cadastral modernization projects of the past two decades hold great importance for many issues affecting forced migration and restorative justice, they have not received the scholarly attention they deserve. The third section presents a case study of southeast Turkey in the 21 st  century, a region that had recently seen the conclusion of a major conict (which has since restarted as of 2015) and some efforts to restore HLP to the mostly Kurdish local IDPs who had left farms and villages for the cities of Turkey. This has not gone particularly well, with attempts to retake HLP sometimes even resulting in bloody feuds over land claiming dozens of victims. This was due in part to lack of security over land rights, lack of authority of local courts, ongoing inuence of local elites over land tenure, and incentives to use self-help (violence) rather than state law to resolve conicts. The fourth main section explains the dysfunctions in the land regime of southeast Anatolia through a look at history, arguing that the problems today have their roots in the Ottoman 19 th  century, when the central state made alliances with local elites in order to win their support for military campaigns and local security. This created a self-reinforcing sequence wherein state ofcials agreed to share power with local elites, local elites used this power to acquire more land, cultivators were displaced from their lands or forced into exploitive labor relationships, displaced or exploited cultivators rebelled, and, returning to square one, the state would re-enlist local elites to quell the rebellion. Temporal Effects and the Study of Forced Migration Expanding the time frames we use to   analyze issues related to forced migration can reveal underlying processes that an exclusive focus on shorter-term case studies might obscure. The political scientist Paul Pierson addressed these methodological issues in his book  Politics in Time (2004), an inuential work that argued for the importance of  121 Goldman  / Forced Migration over the Longue Durée: Land, Displacement, and Restitution in Eastern Anatolia, 1858-2015 time frames in social science research and encouraged scholars to reect on temporal effects in research design. In seeking to explain political phenomena, we are forced to make difcult choices. Not only must we select the outcomes in which we are interested and dene them, we must also select the possible causal factors to be examined and the scope of the study, including the population, the geographic area, and the scale of time. Pierson argues that social science researchers pay insufcient attention to the scale of time, focus on short-term cases at the expense of long-term cases, and often fail to account for important temporal effects in their exploration of causal factors. For example, there are longue durée effects - processes that unfold slowly over time, such as demographic, socioeconomic, and ecological changes - that can critically impact the phenomena that social scientists wish to explain.By adjusting the time frames and the sorts of causal factors we examine, social scientists can produce very different answers to the same questions. For example, suppose a researcher wants to explain why a left-wing candidate triumphed over a right-wing incumbent in a certain election. A researcher focusing on this election alone might conclude that this outcome was due to the candidate’s charisma, style of campaigning, mode of fundraising, or a particular scandal that occurred during the campaign. A longer-term study, however, would reveal that the electoral district had been steadily drifting leftwards for decades, in itself the result of long-term demographic and socioeconomic changes leading the voters to increasingly prefer candidates promising to deliver a stronger social safety net. In this case study, the left-wing victory seems less the result of the candidate’s particular characteristics or the unique characteristics of this one campaign, but rather a more likely outcome for any candidate offering the more left-wing platform. Of course, observing these slow, longue durée trends would not allow us to predict just when such an ofce might ip from a right-wing incumbent to a left-wing challenger, whether it were to occur in this election or the next. Yes, contingencies will always be present. But what this long-term approach does provide is a much fuller explanation for the phenomenon that we wish to explain while also telling us something meaningful about the likelihood of left-wing candidates winning in the future.Many important subjects in forced migration studies lend themselves to study through such a politics in time approach. For example, a number of works have studied the UNHCR, seeking to determine the extent to which the organization  possesses bureaucratic autonomy or is ultimately subject to the interests of the states that support it (Betts, 2013; Betts & Loescher, 2011; Barnett & Finnemore, 1999, 2004). Adopting long-term time frames can help us better understand the ways in which the UNHCR has been able to develop its own autonomous power as a player in the international refugee regime, which in turn would allow us to better evaluate its ultimate impact as an institution.
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