Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
21 (2014) 497-526
brill.com/ijgr
Abstract
This article re-opens the discussion about the Ottoman millet practice. The best known
stereotypes claim that the so-called millet system only offered rights to non-Muslim
religious minorities. This article fundamentally challenges this approach. It focuses on
how the millet practice was applied to the treatment of Kurds under the early and late
Ottoman Empire, and discusses how millet practices were destroyed by the disease of
nationalism. The article then considers how practices like those applied by the
Ottomans might act as a useful example for modern nation states facing conflicts with
national, religious, ethnic or migrant minorities. It suggests that practices like the millet might be beneficial both if minorities gain territorial recognition and also for those
minorities who live in non-territorial communities.
Keywords
Ottoman millet Kurds law nationalism nation state Turkey autonomy
* In 2012, the author was awarded a Postdoctoral Fellowship by the prestigious Wissen
schaftskolleg zu Berlin (Berlin Institute of Advanced Studies) and participated in the
Rechtskulturen (Legal Cultures) Programme, Germany. Tass book, Legal Pluralism in Action:
Dispute Resolution and the Kurdish Peace Committee, was published by Ashgate in 2014. His
works have also appeared in the Journal of Legal Pluralism and Unofficial Law; Onati SocioLegal Series. His research interests include: law and society and dispute resolution; the
philosophy of law, legal anthropology; ethnic conflict management; diaspora identity and
transnationalism; Kurdish, Turkish, Middle Eastern and Ottoman studies.
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1 Introduction
Under the Ottoman Empire, different ethnic or religious groups were more or
less officially recognised. Each group was described as a millet. Millets living
in different parts of the Empire were granted autonomous powers of selfregulation: each with its own leader, responsible for ruling over their com
munity. This practice allowed different ethnic communities to live together
without the way of life of one community being destroyed or outlawed by any
others. Territorial autonomy was not the only element for the protection of a
minority population. The millet practice was an important way in which the
Ottomans were able to conquer, and then maintain control over, such a large
and multi-cultural empire. The millet practice actively promoted both intraethnic and inter-ethnic peace and security.
From the 19th century, many Westerners (Christians) and nationalist
Turks have described the practice as the millet system. However, the
approach was neither unitary nor static. It was also not a system, which
implies something structured to come top-down from the centre as part of a
representation of authority, but rather something that emerged bottom-up
in different ways from the various communities, representing their ways of
life. For these reasons I will mainly use the phrase millet practice in this
article.
This article charts how under the Ottoman Empire Kurds used the millet
practice to make space to exercise their cultural identity, and practice their
customary laws. The Kurds were one of the largest and most fearsome groups
during the Ottoman period. They had fiscal, judicial and administrative auton
omy over their region and applied their customary laws over disputes between
their members. However, as this article will demonstrate, from the middle of
the 19th century the power of local leaders was seized by the Ottoman central
authorities as part of the nationalistic movement.
In the later part of this article, I will argue that the millet practice can be
a potential source for plural modern nation-states to draw on in understand
ing how diversity in a plural society might peacefully be managed. Modern
nation states currently face real challenges in how to resolve conflicts
between minority and majority populations. The millet practice offered a
unique blend of territorial and non-territorial rights for different communi
ties, whilst maintaining overall state power, and may therefore be a source to
learn from.
The article first discusses the reality of how the millet practice worked and
how especially Kurds were represented under this practice.
499
The millet practice facilitated the official and unofficial functioning of many
minority communities, including Kurds, for hundreds of years. The term millet
system was not used by the Ottomans, especially before the 19th century. It is
the name given to the Ottoman system by Western Europeans. Even the word
millet was hardly used before the tanzimat reforms in 1839.1 The most common
Ottoman term for a group or a community (cemaat), whether ethnic, political,
religious or military, was not millet at all, but taife.2 In the Koran (9:16), millet
refers to the people of Abraham or people of the state, and covers all members
of different ethnicities and religions, not only non-Muslims.3
There was not a well-structured or institutionalised administrative system
underpinning the millet practice. Local arrangements varied considerably over
time and place, and the approach was flexible, loose and hybrid.4 Under these
practices, different ethnic or religious groups, or millets, living in different parts
of the Empire, were granted powers of self-regulation. Every millet had its own
leader, or millet ba, responsible for ruling over their community.5
Different writers have propounded different definitions of the so-called
millet system. According to some researchers6 the practice was copied from
the agreement of Medina, which was used by the Prophet Muhammad when
arbitrating between Muslim and Jewish communities in the seventh century.
When the Prophet Muhammad took power in Medina many different ethnic
and religious groups were living there. The agreement of Medina allowed all
communities the freedom to maintain their religious practices and beliefs,
1 See for example R. Davison, Reform in the Ottoman Empire, 18561876 (Princeton University
Press, Princeton N.J., 1963); B. Braude, Foundation Myths of the Millet System, in
B. Braude and B. Lewis (eds.), Christians and Jews in the Ottoman Empire: The Functioning of a
Plural Society (Holmes & Meier Publishers, New York, London, 1982), pp. 6990.
D. Goffman, Ottoman millets in the early seventeenth century, 11 New Perspectives on Turkey
(1994), pp. 13558; L. Tas, One State, Plural Options: Kurds in the UK, 45:2 The Journal of Legal
Pluralism and Unofficial Law (2013) pp. 167189; L. Tas, Legal Pluralism in Action: Dispute
Resolution and the Kurdish Peace Committee (Ashgate, Farnham, 2014).
2 Goffman, ibid.
3 Braude, supra note 1.
4 Ibid., p. 74.
5 M. N. Hechter, T. Kuyucu and A. Sacks, Nationalism and Direct Rule, in G. Delanty and
K. Kumar (eds.), Handbook of Nations and Nationalism, (Sage Publications, London, 2006)
pp. 8493.
6 M.M. Kenanolu, Osmanl Millet Sistemi, Mit ve Gerek (Klasik yaynlar, Istanbul, 2007);
M. Belge, Osmanlda Kurumlar ve Kltr (Bilgi niversitesi Yaynlar, stanbul, 2008).
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along with their own practices of law, on condition of affirming their loyalty
to the state. In this way, diverse communities were generally able to live
peacefully alongside one another. However, other researchers have different
ideas about where the millet system was copied or inherited from. Accord
ingto Ortayl7 and Barkey,8 the Ottoman millet system was inherited from
traditions in the Roman and Byzantine Empires. Ortayl believes that the
Ottoman Empire was, on the one hand, a continuation of the Roman Empire
a third period after the Roman and Byzantine Empires and, on the other,
an Islamic ruler state.9 Barkey agrees that the Ottomans benefited from the
loose, fluid and hybrid types of strategies used to control different subject
populations in the Roman world, as well as in late Byzantine and post-Seljuk
times.10
Under the millet practice there was no significant challenge to the culture,
customs and religions of different groups. When the Ottomans expanded their
borders westwards and eastwards in the 15th and 16th centuries, the new
Empire included many different ethnic groups. A new type of regulation was
required and multiple practices of rule and regulation were adopted. This is
described today, although it was not named as such at the time, as a pluralistic
system. Different ethnic and religious groups could act independently in fam
ily, dower, marriage, divorce, inheritance and business cases and even in some
criminal matters and tax issues.11
For many years the Ottoman State did not limit, change or assimilate local
customs, traditions, identities or laws. On the contrary, differences and a
plural society were supported.12 Each community was free to legislate on its
own practices according to its own customs and traditions. According to
7
8
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Demira,13 different ethnic and religious groups were usually free to act as they
wished. Furthermore, according to Ercan14 and Demira15 there was Ottoman
pressure on different ethnic or religious groups of people who did not follow
their customs or if they did not wear their traditional and religious costume.
According to both researchers this has enabled many different groups of peo
ple to carry on with their own ways of life up to the present day.
The policy was one of non-assimilation. According to Vahapolu,16 mem
bers of different ethnic groups working in official positions were even allowed
to take their own religious holidays.
However, I do not wish to suggest that there was no group repression or
persecution under the Ottoman rules. The Ottoman State might intervene in
some elections for community or religious leaders. It also did not tolerate any
challenge to its overall power and could be ruthless to those who found it dif
ficult to fit into the Ottoman organisational system. Persecution was especially
likely for those religiously closest to the Ottomans, their brothers in arms.
Those who were Muslim but not orthodox Sunni Muslim, and who could thus
challenge dominant Sunni authority, including the Bektais, Kzlba (nowa
days Alevis), Celalis, Hurfis, Melmis, Bayramis, and the followers of the
Sheikh Bedrettin movement and the Jewish messiah Sabbatai Zevi,17 suffered
and were persecuted under the Ottomans.18 As this is not the primary focus of
this article, I am not going to detail these various rebellions and movements
and the Ottoman responses. It is, however, important to acknowledge that dur
ing the Ottoman Empire some official actions reduced minority rights. For
example, many churches were destroyed or converted into mosques, and
church bells were prohibited.19 During the 17th century, and especially around
13
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1630, according to the order of Grand Vezir Husrev Pasha, the power of some
Kurdish chiefs was taken away and some were even killed under the tyranni
cal hand of the provincial government.20 However, Sultan Murat IV reminded
his governors of the treaty agreements (ahidname, sozlesme) adopted by Sultan
Selim I and Suleyman I, which granted autonomy to Kurdistan.21
Groups and communities that did not challenge the Empire could find a
space for their millet practice. They could take part in a variety of alternative
cultural and legal practices, and their community leader could act as a media
tor with the Ottoman authorities as long as the community remained within
their own locality and avoided trying to influence other local communities or
usurping overall authority.
Ottoman millet practice reflected the multi-ethnic, multi-religious and
multi-linguistic social and economic realities of the Ottoman Empire. In modernday terms, it supported both territorial and non-territorial autonomy. As
Kasaba22 points out, as more and more different ethnic and religious communi
ties came under Ottoman rule, the weakness and selectivity of the centralised
system meant that each group was allowed to carry out their customs. When
contemporary researchers like Inalck,23 Demira24 and Kenanolu25 choose to
focus on only a few of the non-Muslim groups in the Ottoman Empire the
Jews, the Armenians and the Greeks they seem to see the Ottoman millet
practice as one limited in the same way in which Turkish leaders claimed dur
ing and after the Treaty of Lausanne (24 July 1923). In this way, the groups that
were not accepted as worthy of notice by Turkish leaders in Lausanne includ
ing Kurds, Assyrians, Alevi and Yezidis are again airbrushed out of history.26
20
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and settled; Islamic and non-Muslim; Sunni Muslim, Shiites, Sufi sects;
scribes and poets; artisan and merchants; peasants and peddlers; and
bandits and bureaucrats.
Each different group in the Ottoman Empire had long established communal
boundaries from each other. According to Kasaba,38 natural or cultural bound
aries separated different ethnic and religious groups into their respective millets. Karpat39 emphasises that the millet system was not based only on religious
differences: it also encompassed social, cultural, ethnic and linguistic differ
ences. Many different laws and customs functioned differently at the same
time, and subgroups did not follow the same legal statutes under Ottoman
rule. In the late Ottoman period and under the new Turkish Republic, some
subgroups carried on with their own ways of life officially or unofficially,
with or without state protection. According to Akgndz,40 after a conquest
Ottoman rulers preferred to keep each community separate, rather than abol
ishing their separate ways of life. This contributed to good governance as well
as to gaining support for the Ottomans and preventing inter-communal con
flicts. Kasaba41 also says that the Ottomans noted the differences between
some of the conquered groups including Kurds, Alevis (Kzlba), Yezidis and
Gypsies (kpti) and did not want to mix them with other Muslims. According
to Ocak42 cited in Kasaba:43
The names of the individual gypsies were always qualified with kpti,
and after the sixteenth century, those who belonged to the Twelver
branch of the Shii Islam, known as Alevi (or Alawite), were identified as
Kzlba (red-head) in reference to their defection to and service under
the Shah of Iran in specially designated troops that were distinguished
with their red caps. If a person or a group of people belonged to a reli
gious order or ethnic group, such as the Kzlba, Yezidis, or the Kurds,
which had the potential of undermining Ottoman authority, the official
38 Kasaba, supra note 22.
39 K. Karpat, Millets and Nationality: the Roots of the Incongruity of Nation and State in the
Post Ottoman Era, in B. Braude and B. Lewis (eds.), Christians and Jews in the Ottoman
Empire: The Functioning of a Plural Society (Holmes & Meier Publishers, New York, 1982)
pp. 141167.
40 A. Akgndz, Osmanl Kanunnmeleri ve Hukuki Tahlilleri (Fey Vakfi, Istanbul, 1994).
41 Kasaba, supra note 22.
42 Ocak, supra note 18.
43 Kasaba, supra note 22, p. 32.
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documents took care to specify this fact when they mentioned that per
son or group, or even their village.
Various researchers agree that the millet practice was one of the main reasons
that the Ottoman Empire was so easily able to take over so much of Europe,
Asia and North Africa. From the beginning of the Empire until as late as the
18th century the Ottoman Empire offered different ethnic and religious groups
a haven of relative peace, security and tolerance.44 Ottoman rulers allowed
many local communities to continue their customary practices, recognising
and, importantly, securing the autonomous position of the leaders of commu
nities. In return for a tax, including a levy of soldiers, and recognition of their
place within the Empire, each community was protected and kept secure.45
Legal diversity, flexibility and toleration were important tactics supporting the
political stability, unity, coherence and longevity of the Ottoman Empire.
Recognition of differences and separation were important values that were
well understood by communities and the Ottoman authorities.46 For example,
some Balkan ethnic groups actually invited the Ottomans to take over power
from their feudal warlords because of the Ottomans plural and tolerant
approach. According to Belge,47 when the Ottoman army conquered Constan
tinople in 1453 some of the most orthodox Byzantines even celebrated because
they felt they would enjoy more freedom under the flexible and pluralistic
Ottoman administrative structure. Kenanolu48 reported how Jews living in
Istanbul at the time of the conquest also supported the Ottomans. When the
Jews and Muslims were driven out of Spain in 1492, many of them settled in
Ottoman territories under the protection of these tolerant practices. A cultural
bazaar or hybrid civilisation was recognised from North Africa to the Caucasus
and the Balkans. In support of plurality, the Ottoman authorities spent much
time learning to assess and to adapt to indigenous practices:
Fluidity is about crossing networks and establishing far-reaching ties,
whereas boundaries are about interrupting networks and closing
them in, making them more localized and cohesive that is, they
44
D. Lieven, Empire: The Russian Empire and Its Rivals (Yale University Press, New Haven,
CT, 2001).
45 Kasaba, supra note 22; C. Orhonlu, Osmanl Imparatorluunda Airetlerin Iskn (Eren,
Istanbul, 1987).
46 Barkey, supra note 8, pp. 17, 151152.
47 Belge, supra note 6.
48 Kenanolu, supra note 6, p. 288.
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Under the Ottoman Empire, Kurds were one of the largest groups. They were
frequently considered among the most fearsome. They habitually erected bar
riers between themselves and others in order not to lose their various cus
toms.57 According to Kasaba,58 the status of the Kurds was always a sensitive
issue. They usually insisted on being ruled by Kurds. For that reason, they usu
ally chose the side which allowed them this opportunity. When the Ottomans
moved eastwards between 1513 and 1517 to fight the Persians and later the
Mamluks during the Ottoman Sultan Selim Is reign,59 some Kurds, especially
those who were Sunni Shafi, took the side of the Ottomans against Shia Safavid
Iran and then after that against the Mamluks. In return for an acceptance of
Ottoman pluralistic authority, the autonomy of Kurdistan and the authority of
Kurdish chiefs were recognised. A treaty was signed between Ottoman Sultan
Selim I and Kurdish chiefs after the victory at the battle of aldran.60 This vic
tory was aided by the participation of 60,000 Kurdish soldiers.61 Permanent
autonomy was granted to Kurds over their ancestral heart lands (odjak or ocak)
and homes (yurt).62 This special status was recognized and extended by Sultan
Suleyman I.63 He issued grants of proprietorship (mlknme) which contained
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From the middle of the 19th century the power of local leaders was seized by
the Ottoman central authorities as part of the nationalistic movement.78
According to George Curzon79 and Tanr,80 the Ottomans tried to limit the use
of Kurdish customary practices and sought to replace these with a single codi
fied legal system. Only specified religious groups were allowed to carry on using
their own customary laws. Kurds were not included in this limited tolerance.
In the later part of the 18th century, the Ottoman Empire, like the other
then-current multi-ethnic empires, was affected by the homogenising princi
ples and nationalistic ideologies associated with the construction of nationstates.81 This type of nationalism is described as a modern phenomenon by
many researchers.82 This new global environment of nationalism and nationstate ideology significantly affected the traditional millet practice, with its reli
ance on negotiation and self-regulation in diverse and autonomous societies.
From the first half of the 19th century, and in parallel with the 1839 Tanzimat
Edict, the 1856 Islahat Edict, the 1869 nationality law and the first Ottoman
Constitution (Kanun-i Esasi in 1876), the Ottoman Empire began to centralise
and tighten its legal system, introducing more uniform regulations. The ethni
cally and religiously heterogeneous millets were increasingly disturbed by
this movement towards a unitary legal system.83 Even though, according to
Makdisi,84 the Ottomans did not identify themselves as purely Turks, a single
78
See for example Tas, supra note 1; Hechter at al., supra note 5; G. Augustinos, The Greeks of
Asia Minor: Confession, Community and Ethnicity in the Nineteenth Century (Kent State
University Press, Kent, 1992); A. Rodrigue, From Millet to Minority: Turkish Jewry, in I.
Katznelson and P. Birnbaum (eds.), Path of Emancipation: Jews, States and Citizenship
(Princeton University Press, Princeton, 1995).
79 G. N. Curzon, Persia and the Persian question (Longmans, Green & Co, London, 1892).
80 B. Tanr, Osmanli Turk anayasal gelismeleri (YKY, Istanbul, 2008).
81 Hechter at al., supra note 5; E. Gellner, Nations and Nationalism (Cornell U.P., Ithaca,
1983).
82 See for example Gellner, supra note 81; B. Anderson, Imagined Communities: Reflections on
the Origin and Spread of Nationalism (Verso, London, New York, 1991); J. Hobsbawm,
Nation and Nationalism since 1789: Programme, Myth, Reality (Cambridge University
Press, New York, 1992); R. Brubaker, Nationalism Reframed: Nationhood and the National
Question in the New Europe (Cambridge University Press, New York, 1996).
83 N. Berkes, The Development of Secularism in Turkey (McGill U.P., Montreal, 1964)
pp. 9099.
84 U. Makdisi, Ottoman Orientalism, 107 The American Historical Review (2002) pp. 768796,
at p. 774.
513
Turkish ethnic identity was introduced for the reshaping of the Empire. The
Young Turks or, more formally, the Committee for Union and Progress (CUP, or
Ittihat ve Terakki Cemiyeti), and their successors, continued this nationalistic
policy in the second Ottoman Constitution (1908) and, intermittently, until the
establishment in 1923 of the Turkish Republic.85
Under pressure from the Young Turks, differences between ethnic groups
were ignored. A Turkish nationalistic concept of citizenry was imposed and
became an important component in the law as practiced in the new Republic.
The later Ottoman governments tried to maintain their huge borders and
population under a core nationalist identity using an ideology of Turkification.
Only a limited proportion of the imperial population the Turks were ini
tially in favour of centralisation under a banner of Turkish core values.86 By
implementing a core identity with a single Turkish religion, language, history,
tradition, culture and set of customs the nationalists tried to recreate the
power of the Ottomans in a Turkish guise.87 This mind-set of Turkification
rejected what Brubaker88 described as the very fruitful early Ottoman policy of
unmixing of people. The Ottomans did not see the multiple ethnicities and
multiple religions in their Empire as a problem89 and instead developed ways
round it. In contrast, the nationalist Turks used assimilation to create a homo
geneous nation with homogenous core values. They therefore purposely mixed
some population groups into other communities. Since, according to national
ist claims, the Turkish race was the only loyal element in the state,90 the
nationalists rejected any alternative solutions, such as federalism, territorial
or non-territorial autonomy. Cemal Pasha, one of the main ideologues and
85
86
87
88
89
90
The era of the Committee for Union and Progress (CUP) officially ended in 1918; but CUP
members, leaders and policies continued to be part of and influence the governments
and policies of the new Turkish Republic.
D. Bender, Post-Ottomanism: Islamism, Nationalism, and Political Possibilities at the End of
Empire (Unpublished MA thesis, 2004); . Haniolu, Preparation for a Revolution: The
Young Turks (19021908) (Oxford University Press, Oxford, 2001).
T. Y. Sancar, Alenen Tahkir ve Tezyif Sular (Eski TCK M.159/1 Yeni TCK m.301/12) (Sekin
Yaynlar, Ankara, 2006) p. 86.
R. Brubaker, Aftermath of the Empire and the Unmixing of People, in K. Barkey and M.
von Hagen (eds.), After Empire (Westview, Boulder, 1997).
S. Shaw and E.K. Shaw, History of the Ottoman Empire and Modern Turkey, Volume II:
Reform, Revaluation and Republic: The Rise of Modern Turkey (18081975) (Cambridge
University Press, Cambridge, 1997).
D. Kushner, The Rise of Turkish Nationalism (18761908) (Cass, London, 1977); S. P. Ladas,
The Balkan Exchanges of Minorities: Bulgaria, Greece and Turkey (MacMillan, New York,
1932).
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515
which laws, economic practices, and even customs and dialects were
homogenized by state elites.
According to Quataert97 these Tanzimat, or Young Turk, ideologies were used
until the end of the Ottoman Empire.
With a single Turkish identity, administrative centralisation and loyalty
became underpinning principles.98 The bureaucratic and absolutist ideologies
of Turkification caused unrest and agitation in many communities. Kasaba99
points out how border groups became especially vulnerable and hence more
likely to agitate for the maintenance of their survival. He continues:
Serbia, Montenegro, Albania in the Balkans Kurdish areas on the
Iranian border and Tripoli and Algeria on the Mediterranean in short,
all the territories that used to define the frontier regions of the empire
all became sites of such unrest and agitation in the eighteenth and nine
teenth centuries.
As Lewis100 states, not just non-Muslims, but also non-Turkish Muslims, were
targeted by the new policies. Haniolu101 explains:
[how] ironically, although the state endeavoured to Ottomanize its sub
jects, the symbols used to evoke a supranational culture were Turkish.
Thus, even non-Turkish Muslim Ottomans who had acquired important
state posts and who admired Tanzimat statesmen decried this policy as a
Turkification process.
Direct nationalist rule from the centre paradoxically created a range of periph
eral nationalisms as different ethnic groups tried to preserve their own privi
leged positions.
97
98
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Like many other groups, Kurds initially resisted attempts to force them to
use a centralised legal system. Immediately following the 1839 Tanzimat
reforms a Kurdish uprising started under the leadership of Bedirhan between
1840 and 1847.102 Many Kurds were unhappy with the centralistic ideology
and with the Turkification of Anatolia being attempted by the new Ottoman
government, and resisted the new Ottoman rules. In 1863 the Ottomans intro
duced Fikra-i Islahiye (a new military force) in an attempt to control
non-Turkish, non-Muslim tribes, including the nomads. This new Ottoman
military force mainly functioned in the Kurdish regions and, according to van
Bruinessen,103 tried to take Kurds who had had a semi-independent status
since 1514 under Ottoman central rule. The Ottoman policy of forced popula
tion movement was supported: Kurdish communities and even families were
broken up into small groups. For example, the Kurds of Mihmadlu, who refused
to follow the decisions of the central authority, were forced to move to western
Anatolia.104 Space was opened up for others as a more diverse and sedentary
society was created and assimilation was promoted.105 According to Karpat106
and McCarthy,107 between 1800 and 1920 and as the Ottoman territories shrunk
millions of Muslims and Turks moved into Anatolia as refugees. Between 1856
and 1876 only, coinciding with the start of the forced movements of Kurds,
around three million Turkish and Muslim immigrants moved to Anatolia from
the Caucasus.108 Dndar109 and Akam110 agree that the later Ottoman govern
ments wanted to clear non-Turkish elements from Anatolia and replace them
102 On 15 August 1847 Kurds lost a battle against the Ottoman forces in Eruh, emdinli prov
ince (part of the Kurdish region today). On 15 August 1984, 137 years later, the Kurdistan
Workers Partys (Partiya Krkeran Kurdistan PKK) movement was founded in the very
same province. It is not clear whether the decision to form the PKK on the same date was
a coincidence or not.
103 van Bruinessen, supra note 74.
104 A. Refik, Anadoluda Trk airetleri (Devlet Matbaas, Istanbul, 1930).
105 Kasaba, supra note 22.
106 K. Karpat, Osmanl Modernlemesi. Toplumsal, Kuramsal Deiim ve Nfus (Imge Kitabevi,
Ankara, 2002).
107 J. McCarthy, Forced Migration and Mortality in the Ottoman Empire (Turkish Coalition of
America, Washington, DC, 2010).
108 Barkey, supra note 8; K. Karpat, The Politicization of Islam: Reconstructing Identity, State,
Faith, and Community in the Late Ottoman State (Oxford University Press, Oxford, New
York, 2001).
109 F. Dndar, Ittihat ve Terakkinin Mslmanlar Iskan Politikas (19131918) (Iletisim Yaynlar,
Istanbul, 2001).
110 T. Akam, Ermeni Meselesi Hallolmutur: Osmanl Belgelerine Gre Sava Yllarnda
Ermenilere Ynelik Politikalar (letiim Yaynlar, Istanbul, 2008).
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Nevertheless, central power and the new laws did not stop either Kurdish
lawlessness or the unofficial use of customary dispute processes. Towards the
end of the Ottoman Empire and the beginning of the Turkish Republic, Kurds
made various efforts to be ruled by themselves, rather than by imposed rulers.
There were several rebellious Kurdish movements against the later Ottomans
and the new Turkish Republic, including those of Sheikh Obeidullah in the
Nehri rebellion in Hakkari (1880), the Kogiri rebellion (1920), Sheikh Saids
rebellion (1925), the rebellion of Ararat Mountain (1927), and the Dersim rebel
lions (19371938), all of which aimed at preserving Kurdish autonomy and
gaining freedom for Kurdish ways of life. However, all of these movements
were defeated by the central power, whether Ottoman or Turkish.132
Saving the Empire by becoming a modern nation was a major contradic
tion that actually lost the Ottomans their very fruitful Empire.133 Cultural
assimilation under the nationalist and centralising tendencies of the later
Ottomans, paired with a refusal to share power with others, has been shown by
many writers to signal the end of the Ottoman Empire and the beginning of
the much smaller Turkish nation-state.134 According to Bernard Lewis135 this
nationalist virus ended forever the Ottomanist dream of a free, equal, and
peaceful association of peoples in a common loyalty to the dynastic sovereign
of a multi-national, multi-denominational empire. The project that aimed at
Turkification became a process which actively destroyed a multicultural
Empire. From the 19th century, the body of an imperial elephant was shoved
into the skin of a nationalistic mouse. The Kurds were one of the many ethnic
groups who paid the price for this short-sighted policy. After all the centralist
132 See for example McDowall, supra note 113; Mojab, supra note 65; S. S. Gavan, Kurdistan:
Divided Nation of the Middle East (Lawrence & Wishart, London, 1958); M. van Bruinessen,
Mullas, Sufis and Heretics: The Role of Religion in Kurdish Society, collected articles (Isis
Press, Istanbul, 2000); M. van Bruinessen, Kurdish Ethno-nationalism Versus NationBuilding States: Collected Articles (Isis Press, Istanbul, 2000); S. McDonald, Kurdish
Women and Self-Determination: A Feminist Approach to International Law, in S. Mojab
(ed.), Women of a Non-State Nation: The Kurds (Mazda Publishers, California, 2001)
pp. 135157.
133 Barkey, supra note 8.
134 Belge, supra note 6; Tanr, supra note 80; M. I. Kunt, The Later Muslim Empires: Ottomans,
Safavids, Mughals, in M. Kelly (ed.), Islam: The Religious and Political Life of a World
Community (Praeger Scientific, New York, 1984) pp. 113136; J. Klein, En-Gendering
Nationalism: The Woman Question in Kurdish Nationalist Discourse of the Late
Ottoman Period, in S. Mojab (ed.), Women of a Non-State Nation: The Kurds (Mazda
Publishers, California, 2001) pp. 2551.
135 Lewis, supra note 100, p. 218.
521
initiatives from different state governments, the Kurdish people lost all faith in
the late Ottoman and new Turkish state and their governments. Kurdish cul
ture, language, identity and customary law only survive today because it was
passed orally and secretly from generation to generation. Many Kurdish com
munities still carry these memories with them, and this is likely to be a major
determinant of their settlement strategies in their present day life.
5
522
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523
Consociation: the model and its applications in divided societies, in D. Rea (ed.), Political
Cooperation in Divided Societies: A Series of Papers Relevant to the Conflict in Northern
Ireland (Gill and McMillan, Dublin, 1982) pp. 166186; M. Van der Stoel, Peace and Stability
through Human and Minority Rights: Speeches by the OSCE High Commissioner on National
Minorities (Nomos Verlagsgesellschaft, Baden Baden, 1999); D. J. Smith, The Revival of
Cultural Autonomy in Certain Countries of Eastern Europe: Were Lessons Drawn from
the Inter-War Period?, in Venice Commission (ed.), The Participation of Minorities in
Public Life (Council of Europe Publishing, Strasbourg, 2008) pp. 7788; D. J. Smith, NonTerritorial Cultural Autonomy in Contemporary Europe: Reflections on the Revival of an
Idea, in K. Breen and S. ONeill (eds.), After the Nation? Critical Reflections on PostNationalism (Palgrave McMillan, Basingstoke and New York, 2010) pp. 84102; D. J. Smith
and J. Hiden, Ethnic Diversity and the Nation State: Cultural Autonomy Revisited (Routledge,
London, 2012); D. J. Smith, Non-Territorial Autonomy and Political Community in
Contemporary Central and Eastern Europe, 12:1 Journal of Ethnopolitics and Minority
Issues in Europe (2013) pp. 2755; A. Lyon, Between the Integration and Accommodation
of Ethnic Difference: Decentralization in the Republic of Macedonia, 11:3 Journal on
Ethnopolitics and Minority Issues in Europe, (2013) pp. 80103.
143 M. Edelman, Courts, Politics and Culture in Israel (University of Virginia Press,
Charlottesville, 1994); Y. Sezgin, The Israeli Millet System: Examining Legal Pluralism
through Lenses of Nation-Building and Human Rights, 43:3 Israel Law Review (2010)
pp. 631654.
144 G. M. Dib, Law and Population in Lebanon (Fletcher School of Law and Diplomacy,
Medford, 1975).
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525
internal affairs by applying some legal autonomy. This allows the protection of
their cultural identity, economic and political autonomy, religion and lan
guage. Quebecois or Quebecers in Canada, Swedes in Finland, and Tatars in
Russia all have some level of autonomy, and these examples show how a
combination of TA and NTA can be successful.148 The combined TA and NTA
(TANTA) model offers a real opportunity to resolve deep-seated national, eth
nic, and religious conflicts and represents an attractive model [to] accom
modat[e] national minorities.149
The NTA element within the combination can act as an alternative to
minority territorial nationalism.150 Otherwise, territorial segregation may cre
ate parallel communities or systems, which may lead to confrontational rela
tions between minority groups and majorities.151 TANTA is an important way
to accommodate cultural, personal and political differences and the tolera
tion of these differences helps prevent the isolation of one community from
others. The combination of territorial and non-territorial autonomy creates an
environment for different groups to interact and mix with each other. It may
even promote the creation of hybrid identities as in the millet system in the
Ottoman Empire, [when] peoples of different ethnic identities co-exist[ed]
in a single polity without straining the principle of national autonomy.152
Many nation states today are currently experiencing active conflicts with resi
dent minorities, including Ukraine, Estonia and Latvia with their ethnic
Russian minorities; Romania and Hungary with their Roma community; and
Turkey, Iran, Syria, Iraq with their Kurdish minority. Non-discriminatory milletstyle practices could allow the development of new types of state systems,
which would promote peaceful coexistence, even if it did place some limits on
the sovereignty of the nation-state.
6 Conclusion
To conclude, the millet practice has in general, previously been discussed
through the lens of the nation-state and associated nation building projects.
This article has aimed to contribute with a fuller understanding of the millet
148 Kymlicka, supra note 140; B. Bowring, The Tatars of the Russian Federation and nationalcultural autonomy: a contradiction in terms?, 6:3 Ethnopolitics, (2007) pp. 417435.
149 Kymlicka, supra note 140, p. 386.
150 Nimni, supra note 137.
151 Quer, supra note 145, p. 88.
152 Nimni, supra note 137, p. 346.
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practice. In a time when many nation-states are struggling with their minori
ties, and are threatened by minority nationalism, separation and secession,
new approaches to territorial and non-territorial autonomy like those encap
sulated in the millet practice may have much to offer.
I have tried to show how societal and legal pluralism was managed under
the Ottomans. Kurds practiced their culture and alternative legal systems offi
cially under the Ottoman millet practice. In the later Ottoman period, and then
as the Turkish nation building project was implemented, the autonomy and
even the existence of Kurds was challenged. These repressive policies and
practices affected the daily lives of Kurdish people and communities: it is sug
gested that classic assimilation methods based on ignorance and fear not only
do not work but themselves may actually open the door to radicalised nation
alistic resistance. Good and bad memories of autonomy and its suppression
are likely to be a major determinant of current Kurdish settlement strategies.
In classical ideas about monistic nation-states, the survival of national,
religious or ethnic minority groups depends on toleration from the group in
power, usually the majority. The discussion above suggests that this approach
has not worked well in many diverse societies either for the minorities or for
the majority. In practice, minorities develop unofficial practices. The nationstate does not recognize the minorities and their practices, while, de facto, the
minorities do not recognize the nation-state, its institutions and its symbols. A
combination of territorial and non-territorial autonomy (TANTA), as already
used in the EU and in other areas, may provide a better way to deal with the
challenge of diverse societies.