Temporary Law of Deportation
 | The neutrality of this article is disputed. |
The Tehcir Law was a law of the Ottoman Empire setting the rules and conditions of the tehcir (forced relocations)[1][2]. The law was passed by the parliament on May 27 1915 and came into force on June 1 1915, with publication in Takvim-i Vekayi, the official gazette of the Ottoman State. The temporary law expired on February 8 1916. Tehcir law was an important law which defined the regulation for the settlement of Armenians relocated to other places because of war conditions and emergency political requirements, as it is under the scrutiny of the Armenian Genocide.
The background of the law
Before the Ottoman parliament implemented the Tehcir Law, there was a circular by Talat Pasha[3].
The nature of the law
Tehcir Law was a temporary law that expired on February 8, 1916. It was a civil law, planned, implemented and enforced with an office (created by the law) to coordinate the activities under the name of “Migrant General Directorate” (Turkish: Göçmen Genel Müdürlüğü). The civil law gave the military an enforcing power only if there were opposing parties to the implementation. The rules and regulations of the law, as published in the Takvim-i Vekayi (Ottoman official newspaper), were public and they were shared with all parties.
The question of the law
Tehcir Law in fact was a four part law: (1) the military measures against those opposing government orders, country’s defense, and the protection of peace; and against those organizing armed attacks and resistance, and killing rebels during aggression and uprising in wartime, (2) the transfer and resettlement on a single basis or en masse, the people living in villages and towns who are found to be engaged in espionage or treason, (3) the temporary law’s effect and expiration, and (4) the definition of the responsible parties (application).
The subject of the law
The law was a copy of a general law (a template) that had been used before for Ottoman citizens of Muslim, Greek and Armenian origin who were subjected to immigrate from their own place and resettle elsewhere. Even though in some sources this law was being directed against one particular ethnic group (Armenian), this is a lack of information, as the text of the law does not name a community ("Ottoman Millet" was the base of the law makers world view, not the current national form of Armenians, see: Millet (Ottoman Empire)) that was mentioned nor even suggested. [4]. However, by the numbers of dislocated citizens by the abolishment of the law, the Armenian millet was undeniably the affected section.
From the text of the law or the following orders, the law makers’ intention did not specifically target any group. Also, (1) the ill, (2) the blind (3) Catholics (4) Protestants (5) the soldiers and their families, (6) the officers, (7) merchants, some workers and masters were not subject to migration [5]. If the conditions get worse, this group is ordered to be settled in the city centers [6].
Capitulations of the Ottoman Empire granted missionaries a protectorate state (see:Protectorate of missions). There is a group of rules that grand rights to missionaries under the Ottoman Empire. There is also another decipher which orders the Catholic Armenian Missionaries do not have the leave the Ottoman Empire until the next order.[7] This decipher was not respected in some centers, such as Maraş and Konya [8].
Rights of subject of the law
The intention of the law, which was published during World War I, is a temporary movement of the citizens during the conflicts and not the permanent displacement as there was a decree (regulation, or adjunct) regarding to the relocated by the "Techir Law" and wanted to return; claimed "except those people [effected by the Tehcir Law], no one else will be touched." [9]
[10]. Also if we look at the the fourth section of the Tehcir law, it was specifically designed to hold the enforcer units responsible to follow up and record the properties owned by the subjects of the immigration [11]. The law included a responsible party for the protection of properties which the owners could/will return in a later termCite error: A <ref> tag is missing the closing </ref> (see the help page).. In this section, it was demanded that there would be three copies of this information; one which will be kept in the regional churches, one in the regional administration, and one to be kept by the commission responsible for the execution of the law. The second and third parties of this law were held responsible for the protection of the properties until the immigrants' return [12] [11].
The debts of the immigrants were completely canceled, and recurring tax debts (they own land) of the Armenians were postponed until they returned back [13].
The financial burden of the law
A fund was initiated with the law. The control of the fund was assigned to director Şükrü Bey, a directorate under the immigrants general office (Immigrant and Tribe Settling). From the documents:
| Budget for the Tehcir June 1-1915 to February 8-1916 | |
| İzmit province | 150.000 kurus |
| Eskişehir | 200.000 kurus |
| Ankara province, | 300.000 kurus |
| Konya province | 400.000 kurus |
| Adana province, | 300.000 kurus |
| Halep province | 300.000 kurus |
| Musul province | 500.000 kurus |
| Suriye province | 100.000 kurus |
| Total | 2.250.000 kurus |
Also, the Ottoman government under the international agreements assigned within the capitulations, enabled fund transfers using the missionaries and consuls. Armenian immigrants from the United States sent funds, which were distributed to the Armenians under the knowledge of the government by these institutions [14]. The American Near East Relief Committee, a relief organization for refugees in the Middle East, helped donate over $102 million to Armenians both during and after the war.[15]
It has to be noted that the funds within the provinces aided the immigrants, whose money allocations were sent under provincial budgets depending on the condition of needs.
The application of the law
The law was a selective law as explained under "The subject of the law". The list covers the citizens of the Ottoman Empire that were affected by the law.
| The citizens effected under the law [16][17] | ||
| Province | Transferred | not transferred |
| Adana | 14.000 | 15-16.000 |
| Ankara (Central) | 21.236 | 733 |
| Aydın | 250 | |
| Birecik | 1.200 | |
| Diyarbakır | 20.000 | |
| Dörtyol | 9.000 | |
| Erzurum | 5.500 | |
| Eskişehir | 7.000 | |
| Giresun | 328 | |
| Görele | 250 | |
| Halep | 26.064 | |
| Haymana | 60 | |
| İzmir | 256 | |
| İzmit | 58.000 | |
| Kaleaçık | 257 | |
| Karahisarı sahib | 5.769 | 2222 |
| Kayseri | 45.036 | 4.911 |
| Keskin | 1.169 | |
| Kırşehir | 747 | |
| Konya | 1.900 | |
| Kütahya | 1.400 | |
| Mamuretülaziz | 51.000 | 4.000 |
| Maraş | 8.845 | |
| Nallıhan | 479 | |
| Ordu | 36 | |
| Perşembe | 390 | |
| Sivas | 136.084 | 6.055 |
| Sungurlu | 576 | |
| Sürmene | 290 | |
| Tirebolu | 45 | |
| Trabzon | 3.400 | |
| Ulubey | 30 | |
| Yozgat | 10.916 | |
| TOTAL | 422.758 | 32.766 |
Abolishment of the law
The law was abolished on February 21, 1916,[18] with an order sent to all Ottoman provinces. However detainees of the Armenian Revolutionary Federation continued to be displaced to Der Zor province.[19] All the activities finalized on March 15, 1916.[20]
References
- ^ "Tehcir Kanunu". Takvîm-i Vekâyi (in Ottoman Turkish). 18 Receb 1333/19 Mayıs 1331 (June 1, 1915), 7th year, nr. 2189.
{{cite news}}: Check date values in:|date=(help)CS1 maint: unrecognized language (link). - ^ Bayur, Yusuf Hikmet (1991). Türk İnkılâbı Tarihi, III-III (History of the Turkish Revolution, Vol. III Part 3), page 30 (in Turkish). Ankara: Türk Tarih Kurumu Basımevi. ISBN 975-16-0330-7.
{{cite book}}: CS1 maint: unrecognized language (link) - ^ Archive code BOA. DH. ŞFR, nr.52/96,97,98
- ^ Yıldırım, Dr. Hüsamettin, Ermeni Iddiaları ve Gerçekler Armenian Claims and Realities- Ankara 2000, p. 21
- ^ Coding Office, no 56/27; no 67/186
- ^ Coding Office, no 56/27; no 67/186
- ^ BOA. DH. SFR, nr. 54/55 archive, which stats: Ermeni Katolik misyonerlerle sörlerin simdilik orada kalmalari daha münâsibdir
- ^ see for example BOA. DH. SFR, nr. 58/2 for Konya or BOA. DH. SFR, nr.63/157 for Marash,
- ^ REPUBLIC OF TURKEY MINISTRY OF CULTURE AND TOURISM (2005). "The Definition And Purpose Of Relocation (Tehcir)". Retrieved 08/09/2007.
The Arabic originated word "tehcir" means "emigration / immigration", it definitely not means "deportation" or "exile". Hence the law commonly known as the "Tehcir Law" is the same as "Temporary Law On The Military Measures To Be Taken For Those Who Resist The Governmental Acts And Supplementation's." The word used to explain the implementation in line with this law is "tenkil" in the Ottoman language and means "transport- not the equivalent of "deportation", "exile" or "proscription" in Latin originated languages.
{{cite web}}: Check date values in:|accessdate=(help); Unknown parameter|accessdaymonth=ignored (help); Unknown parameter|accessmonthday=ignored (help); Unknown parameter|accessyear=ignored (|access-date=suggested) (help) - ^ REPUBLIC OF TURKEY MINISTRY OF CULTURE AND TOURISM (2005). "The Definition And Purpose Of Relocation (Tehcir)". Retrieved 08/09/2007.
In the letter sent by the Ministry of Internal Affairs, Mustafa Pasha to the Prime Ministry on January 1919, it is indicated that orders have been given to the related places for the transportation of the Armenians, who wanted to return, to their former locations and that the necessary precautions have been taken. (6) The decree of return prepared by the government, dated December 31 1918 is as follows:
1- Only the ones, who want to return, will be migrated, except those people, no one else will be touched.
2- The precautions necessary will be taken for assuring a good journey, and for preventing housing and catering shortage in the returning locations; the migration and returning transactions will be started after contact is established with the administrators of the regions they will return to and after the necessary precautions are taken.
3- The abandoned houses and lands will be returned to the owners.
4- The houses of the ones, where formerly immigrants have been placed, will be evacuated.
5- A few families may be settled in the same location temporally in order to provide sufficient housing.
6- Buildings such as churches, schools and the income generating locations will be returned to the society they belong to.
7- If requested, the orphans will be returned to their guardians, who will be carefully determined, or to their societies, after their identifications are carefully determined.
8- The ones, who have converted their religions, will be able to return to their former religion if they want to.
9- Among the Armenian women, who have married to Muslims and converted their religions will be free to return to their former religion. In this case their marriage act will be automatically canceled. The problems relating to the ones, who do not want to return to their former religion and not wish to divorce from their husbands will be dissolved by the courts.
10- The Armenian properties, which are not in anyone's ownership, will be returned to their first owners and the return of those which have become the property of treasury will be decided with the approval of the property officers. Further explanatory minutes will be prepared about this issue.
11- The property sold to the Muslim immigrants will be delivered to their first owners gradually as their owners return. Article 4 will be definitely applied.
12- If the Muslim immigrants have made repairs and additions in the houses and stores that will be returned to their former owners, or if they have planted the lands and olive groves, the rights of both sides will be observed.
13- The immigration and expenses of the Armenians in need will be met from the Military College Allowance.
14- The amount of transportation made until the current time and the amount of transportation made and the target location of such transportation will be notified on the fifteenth and last days of each month.
15- The Armenians, who have left the Ottoman borders and who want to return, will not be accepted until a new order is issued. ...{{cite web}}: Check date values in:|accessdate=(help); Unknown parameter|accessdaymonth=ignored (help); Unknown parameter|accessmonthday=ignored (help); Unknown parameter|accessyear=ignored (|access-date=suggested) (help) - ^ a b REPUBLIC OF TURKEY MINISTRY OF CULTURE AND TOURISM (2005). "The Relocation Law". Retrieved 08/09/2007.
These commissions are to determine Armenian properties in the villages and towns that are evacuated, and to keep detailed record books. One of the books is to be kept in the regional churches, one to be submitted to the regional administration, and one shall be kept by the commission. Non-durable goods and animal stock shall be auctioned and the money shall be kept. In location where a commission is not appointed, the provisions of the communiqué shall be enforced by the officers in the regions. Both the commission and the regional administrators shall be responsible for the protection of these properties until the Armenians return.
{{cite web}}: Check date values in:|accessdate=(help); Unknown parameter|accessdaymonth=ignored (help); Unknown parameter|accessmonthday=ignored (help); Unknown parameter|accessyear=ignored (|access-date=suggested) (help) - ^ ATBD, December 1982, ibid., no:81, document 1832
- ^ Coding Office, no 54-A/268
- ^ Coding Office, no 60/178
- ^ Goldberg, Andrew. The Armenian Genocide. Two Cats Productions, 2006
- ^ Halacoglu, Prof. Dr. Yusuf, Facts Relating to the Armenian Relocation (1915), TTK Publication, Ankara, 2001.
- ^ DH, EUM. 2nd Branch, File 1, document 38, 40, 41, 42, 43, 44, 46, 47, 51, 55, 64, 152, 185, 186, 187, 188, 189, 190, 191, 194, 200, 206
- ^ Coding Office, no 57/273; no 58/124; no 58/161; no 59/123; no 60/190
- ^ Coding Office, no 61/72
The original source of this code can be seen from the Ottoman Archives web side: The institution of Ottoman Archives (2005). "Mahrem ve müsta'cel" (in English-Turkish). Retrieved 08/09/2007.
link to original
{{cite web}}: Check date values in:|accessdate=(help); External link in|quote=|accessdaymonth=ignored (help); Unknown parameter|accessmonthday=ignored (help); Unknown parameter|accessyear=ignored (|access-date=suggested) (help)CS1 maint: unrecognized language (link) - ^ Coding Office, no 62/21; The original source of this code can be seen from the Ottoman Archives web side: The institution of Ottoman Archives (2005). "That the deportation of Armenians be ceased" (in English-Turkish). Retrieved 08/09/2007.
link to original
{{cite web}}: Check date values in:|accessdate=(help); External link in|quote=|accessdaymonth=ignored (help); Unknown parameter|accessmonthday=ignored (help); Unknown parameter|accessyear=ignored (|access-date=suggested) (help)CS1 maint: unrecognized language (link)
