Tehcir Law

The Tehcir Law ("Regulation for the settlement of Armenians relocated to other places because of war conditions and emergency political requirements") was passed by the Ottoman Parliament on May 27 1915 and allegedly 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.

Issues

The Tehcir Law was part of the "special measures" against the Armenian population taken by the Ottoman Empire during the Armenian Genocide. This was coupled by a second set of order given to the "Special Organization" for the elimination of the evacuated population [America and the Armenian Genocide of 1915, by Jay Murray Winter, Cambridge University Press, (2004), pp. 94–95] also including the alleged taking care of the vacated properties. [Legislative Provisions of the Ottoman/Turkish Governments Regarding Minorities and Their Properties, Anastasia Lekka, Mediterranean Quarterly 18.1 (2007) pp. 138–139]

The Ottoman archival records which documents that Armenians already started being evacuated as soon as March 2. 1915. [The Deportation of the Armenians of Dörtyol, Ciphered telegram from the Ministry of the Interior to the Province of Adana, BOA. DH. ŞFR, nr. 50/141]

After the expiration of the "Tehcir Law" evacuation and massacres still followed.

On 13 September 1915, the Ottoman parliament passed the "Temporary Law of Expropriation and Confiscation," stating that all property, including land, livestock, and homes belonging to Armenians, was to be confiscated by the authorities [ Vahakn N. Dadrian (2003) "The History of the Armenian Genocide: Ethnic Conflict from the Balkans to Anatolia to the Caucasus" Berghahn Books page. 224.]

The background of the legislation

Before the Ottoman parliament implemented the "Tehcir Law", there was a circular by Talat Pasha [Archive code BOA. DH. ŞFR, nr.52/96,97,98] . On the night of April 24 1915, the Mehmed Talat Bey, who was the minister of interior at the time, ordered the 250 Armenian intellectuals to be deported from the Ottoman capital. [Balakian. "The Burning Tigris", pp. 211–2]

In May 1915, Mehmed Talat requested that the cabinet and Grand Vizier Said Halim Pasha legalize a measure for relocation and settlement of Armenians to other places due to what Talat called "the Armenian riots and massacres, which had arisen in a number of places in the country" are a threat to national security [Balakian. "The Burning Tigris", pp. 186–8] ."

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 publicly was allegedly about (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). One Ottoman Archival material dated July 12 suggest that massacres were part of those measures implemented against the Armenians. [Ciphered telegram from the Ministry of the Interior, BOA. DH. ŞFR, nr. 54/406] The Turkish Martial martial court supports also this by referring to documents which claims that the main reason for the evacuation was annihilation. [Ihsan Bey, Director of the Special Office of the Interior Ministry confirms that Abdulahad Nuri Bey, who had been sent from Istanbul to the office in Aleppo has stated: "The main reason for the deportations is annihilation", Takvim-i Vekayi, April 27, 1919 Number 3540]

The subject of the law

This law was being directed against one particular ethnic group (Armenian) while the Assyrian population also felt victim like some other Christian subject from the East. [Massacres, Resistance, Protectors: Muslim-Christian Relations in Eastern Anatolia During World War I By David Gaunt, Gorgias Press LLC, (2006)]

From the text of the law, there is no explicit mention that Armenians were the main target, it also claims that (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 evacuation. [Coding Office, no 56/27; no 67/186] If the conditions get worse, this group is ordered to be settled in the city centers. [Coding Office, no 56/27; no 67/186] Those claims are rejected by most historians.

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. [BOA. DH. SFR, nr. 54/55 archive, which stats: Ermeni Katolik misyonerlerle sörlerin simdilik orada kalmalari daha münâsibdir] This decipher was not respected in some centers, such as Maraş and Konya. [See for example BOA. DH. SFR, nr. 58/2 for Konya or BOA. DH. SFR, nr.63/157 for Marash,]

Rights of subject of the law

The alleged intention of the law, which was published during World War I, was a temporary movement of the citizens during the conflicts and not the permanent displacement as there was a decree (regulation, or adjunct) with respect to the relocated citizens by the "Tehcir Law" who wanted to return; claimed "except those people [affected by the Tehcir Law] , no one else will be touched."cite web
url=http://goturkey.kulturturizm.gov.tr/BelgeGoster.aspx?17A16AE30572D313A781CAA92714FCE0ED87D8E8A6DCB127
title=The Definition And Purpose Of Relocation (Tehcir)
accessdate=2007-08-09
author=REPUBLIC OF TURKEY MINISTRY OF CULTURE AND TOURISM
year=2005
language=English
quote=The Arabic originated word "tehcir" means "emigration / immigration", it definitely does not mean "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
url=http://goturkey.kulturturizm.gov.tr/BelgeGoster.aspx?17A16AE30572D313A781CAA92714FCE0ED87D8E8A6DCB127
title=The Definition And Purpose Of Relocation (Tehcir)
accessdate=2007-08-09
author=REPUBLIC OF TURKEY MINISTRY OF CULTURE AND TOURISM
year=2005
language=English
quote=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. ...] . Also if we look at 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.cite web
url=http://goturkey.kulturturizm.gov.tr/BelgeGoster.aspx?17A16AE30572D313A781CAA92714FCE0B2647BE0DD925A83
title=The Relocation Law
accessdate=2007-08-09
author=REPUBLIC OF TURKEY MINISTRY OF CULTURE AND TOURISM
year=2005
language=English
quote=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.] The law included a responsible party for the protection of properties which the owners could/will return in a later term. There was another law which was passed to regulate the enforcement of this section On 10 June 1915. [ATBD, December 1982, ibid., no:81, document 1832] 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. [ATBD, December 1982, ibid., no:81, document 1832]

While on the surface the law was allegedly temporary, the main reason of the law was to settle the Armenian issue once for all, therefore permanent. Kamuran Gurun has released archival material from the minister of war which provides the aim of passing the law. In that letter Enver takes it as permanent and not temporary with the aim of fixing the Armenian "problem" once and for all. [The Armenian file: the myth of innocence exposed. By Kamuran Gurun. New York : St. Martin's Press, (1985), p.209]

While it is claimed that the debts of the evacuated population were to be completely canceled, and recurring tax debts (property tax) of the Armenians were postponed until they returned back, [Coding Office, no 54-A/268] the Armenian properties were seized by the government, sold or given to the Muslim residents or given to Muslim immigrants. [Legislative Provisions of the Ottoman/Turkish Governments Regarding Minorities and Their Properties, Anastasia Lekka, Mediterranean Quarterly 18.1 (2007) pp. 138–139] A significant amount of money made from the sale of the seized properties was transferred and secured in Berlin. [Armenia and the Near East, Fridtjof Nansen, G. Allen & Unwin Ltd (1928)]

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). He was accused of complicity during the Martial court in the destruction of the Armenian population. Also considered to maintain the link between the Ittihadists and the special organization. From the documents:

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. [Coding Office, no 60/178] 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. [Goldberg, Andrew. "The Armenian Genocide". Two Cats Productions, 2006]

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.

Those are contradicted by the Ottoman barring access to its own allies relief to the starving Armenian population.

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.

Abolishment of the law

The law was abolished on February 21, 1916, [Coding Office, no 57/273; no 58/124; no 58/161; no 59/123; no 60/190] with an order sent to all Ottoman provinces, while the destruction of the Armenian population continued also claimed political detainees continued to be displaced to Der Zor province. [Coding Office, no 61/72The original source of this code can be seen from the Ottoman Archives web side: cite web
url=http://www.google.com/url?sa=t&ct=res&cd=2&url=http%3A%2F%2Fwww.devletarsivleri.gov.tr%2Fkitap%2Fbelge%2F2600belge%2F600.doc&ei=64K7RuXAJJHAggTg4_Ag&usg=AFQjCNGgNoTOHW15pWDhtNO73yDJ6HlWzg&sig2=ccPl7izhCXxMXmhuNxluRw
title=Mahrem ve müsta‘cel
accessdate=2007-08-09
author=The institution of Ottoman Archives
year=2005
language=English-Turkish
quote= [http://www.devletarsivleri.gov.tr/kitap/resim/2600belge/600.PDF link to original] ] All the activities finalized on March 15, 1916. [Coding Office, no 62/21; The original source of this code can be seen from the Ottoman Archives web side: cite web
url=http://www.devletarsivleri.gov.tr/yayin/osmanli/Armenians_inottoman/2b_170.htm
title=That the deportation of Armenians be ceased
accessdate=2007-08-09
author=The institution of Ottoman Archives
year=2005
language=English-Turkish
quote= [http://www.devletarsivleri.gov.tr/yayin/osmanli/Armenians_inottoman/images/170_01.giflink to original] ]

References