European Commission: Brussels asks for Turkey's minorities' policy

Tue Nov 6 13:58:41 UTC 2007

Brussels asks for minorities' policy
Monday, November 5, 2007

CANSU ÇAMLIBEL
BRUSSELS – Turkish Daily News

  Following objections by Turkish authorities regarding the European
Union's definition of minorities, the European Commission changed the
wording in Turkey's 2004 progress report even after it had been
published and has since acknowledged that under the 1923 Treaty of
Lausanne, the minorities in Turkey consist exclusively of non-Muslim
religious communities: The Armenians, the Greeks and the Jews. The
Commission, however, still argues that this approach should not
prevent Turkey from granting specific rights to certain Turkish
citizens on the grounds of their ethnic origin, religion or language,
so that they can preserve their identity. Furthermore, this year's
progress report draft, due for publication tomorrow, underlines the
need for a new approach in practice, without prejudice to the Treaty
of Lausanne. The Commission draws attention to the importance of
granting sufficient rights for the Kurdish population in the southeast
without referring to them as a "minority."

  What are Kurds lacking?

  * Regarding broadcasting in languages other than Turkish, time
restrictions apply. All broadcasts except songs must be subtitled or
translated into Turkish, which makes live broadcasts technically
cumbersome. Educational programmes teaching the Kurdish language are
not allowed.

  * Children whose mother tongue is not Turkish cannot learn their
mother tongue through the Turkish public schooling system. Such
education can be provided only by private educational institutions. In
the case of Kurdish, all such courses were terminated in 2004. Today
there are no opportunities to learn Kurdish either in the public or
the private schooling system.

  * No measures have been taken to facilitate access to public
services for non-speakers of Turkish, although interpretation is
usually available in courts.

  * Use of languages other than Turkish remains illegal in the
political sphere. Several investigations and court cases have been
launched against officials and executives of the Democratic Society
Party (DTP). In February and April several members of the Right and
Freedoms Party (Hak-Par) were sentenced in two separate court cases
for having spoken Kurdish during a party general congress.

  * The legislative elections in July resulted in increased
representation of voters from the southeast of Turkey. However, the
overall socio-economic situation in the southeast remains difficult.
No steps have been taken to develop a comprehensive strategy to
achieve economic and social development in the region and to create
conditions required for the Kurdish population to enjoy full rights
and freedoms. There has been a further deterioration of the situation
in terms of attacks by the PKK and other terrorist groups.

What are 'official minorities' lacking?

  Turkey has shown no progress in securing the rights of officially
recognized non-Muslim minority  communities in the country, according
to the Commission. The draft progress report identifies restrictions
on religious freedoms among major problem areas that need to be
addressed urgently.

  * Non-Muslim religious communities – as organised structures of
religious groups – continue to face problems such as lack of legal
personality and restricted property rights. These communities have
also encountered problems with the management of their foundations and
with recovering property by judicial means.

  * Final adoption of the new Law on Foundations voted by Parliament
in November 2006 and subsequently vetoed by the president at the time
is still pending. Adoption of the new law would address a number of
issues which religious communities face with property management and
acquisition.

  * There were positive developments as regards the registration of
religious associations. In the closure case against the Association
for Supporting Jehovah's Witnesses, whose statute includes explicitly
religious objectives, the Court of Cassation confirmed the acquittal
decision. Representatives of the association consider that their
Association will have legal personality.

  * On April 18, three Protestants were killed in Malatya at the
publishing house of the local Protestant community. The crime is being
investigated under the anti terror Law. Another court case against
protestants for "insulting Turkishness" is ongoing amid intense
security measures. Attacks against clergy and places of worship of
non-Muslim communities have been reported. Missionaries have been
portrayed in the media or by the authorities a threat to the integrity
of the country and non-Muslim minorities as not being internal part of
Turkish society. To date, use of language that might incite hatred
against non-Muslim minorities has been left unpunished.

  * The management of minority schools, including the dual presidency,
remains an issue. further efforts are needed to remove discriminatory
language from textbooks.

  * Restrictions on the training of clergy remain. Turkish legislation
does not prove for private higher religious education for these
communities and there are no such opportunities in the public
education system. The Halki (Heybeliada) Greek Orthodox seminary
remains closed. There are still cases reported of foreign clergy who
wish to work in Turkey facing difficulties and whose right to equal
treatment with Turkish nationals is not ensured.

  * Regarding education, religious culture and ethics classes are compulsory.

  * The Greek minority continues to encounter problems with education
and property rights. Problems affecting the Greek minority on the
islands of Gökçeada and Bozcaada continue to be reported.

  * The regulation which provides that information requested on
religion in the family registries will be entered, amended or deleted
on the basis of a written statement by citizens. However,
administrative documents such as ID cards include an entry on religion
that may be filled in or left blank. This may lead to discriminatory
practices.

  * Local authorities differ from province to province on issuing
construction permits for places of worship. This might lead to
arbitrary implementation of the zoning law. Several churches have not
been able to register their places of worship. Alevis face
difficulties with opening their places of worship (Cem houses). Cem
houses are not recognised as places of worship and receive no funding
from the authorities.

Strong reference to the 'ecumenical' title of the Patriarchate:

  This year the Commission used much stronger language on the
ecumenical title of the Patriarchate, a term rejected by Turkish
authorities. The controversial issue was put on the agenda of European
leaders by Greece on several occasions due to legal developments in
Turkey. In its draft report, the Commission expressed discontent over
the ruling of the Court of Cassation. "The Ecumenical Patriarch is not
free to use the ecclesiastical title Ecumenical on all occasions. In
June the Court of Cassation ruled there is no basis in Turkish
legislation providing that the Patriarchate is Ecumenical; that the
Patriarchate is a religious institution which has no legal
personality, that persons who participate and are elected in religious
elections held in the Patriarchate should be Turkish citizens and be
employed in Turkey at the time of the elections. This decision might
create further difficulties to the Patriarchate and to other
non-Muslim religious communities," the Commission said.

Problems of the Roma community:

  According to the Commission, another group facing discriminatory
policies in Turkey are the Roma. The draft progress report refers to
demolition of Roma neighbourhoods in several provinces, in particular
in Istanbul. Istanbul municipalities are criticised for not taking any
steps to provide shelter, basic sanitary facilities pr other social
and economic services for Roma people after demolitions.

ECHR judgement for Murat Ülke to justify conscientious objection:

   Referring to no progress regarding matters to conscientious
objection, the Commission reminds Turkey of its obligation to comply
with the judgement of the ECHR for the application of Murat Ülke. The
draft report of the Commission says: "Turkey needs to adopt
legislation that would prevent repetitive prosecutions and convictions
of those who refuse to perform military service for conscientious or
religious reasons on grounds of persistent disobedience of military
orders."

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