11.03.2008 - Source: US Department of State

National/Ethnic Minorities ("Country Report on Human Rights Practices 2007") [ID 22977]

"The law provides a single nationality designation for all citizens and does not recognize ethnic groups as national, racial, or ethnic minorities. Citizens of Kurdish origin constituted a large ethnic and linguistic group. Millions of the country's citizens identified themselves as Kurds and spoke Kurdish. Kurds who publicly or politically asserted their Kurdish identity or publicly espoused using Kurdish in the public domain risked censure, harassment, or prosecution.

The NGO Minority Rights Group International reported on December 11 that millions who belonged to ethnic, linguistic and religious minorities remained unrecognized by the Turkish state, faced discrimination, and were increasingly under threat as a result of a growing wave of violent nationalism. The report noted that the law protects only three officially recognized minorities-–Armenian Orthodox Christians, Jews, and Greek Orthodox Christians-–and not the vast number of other ethnic and religious minorities, including Alevis, Ezidis, Assyrians, Kurds, Caferis, Caucasians, Laz, and Roma. The report stated that these "excluded minorities" were prohibited from fully exercising their linguistic, religious, and cultural rights.

The government maintained significant restrictions on the use of Kurdish and other ethnic minority languages in radio and television broadcasts and in publications.

 The Roma continued to face persistent discrimination and problems with access to education, healthcare, and housing. The government took no apparent steps during the year to assist the Roma community. A number of NGOs undertook activities to address problems faced by the Roma community. The European Roma Rights Center, Helsinki Citizens Assembly, and Edirne Roma Culture Research and Solidarity Association conducted a program to train the Roma community on civil society organization and activism. In December the Roma Culture and Solidarity Association of Izmir began literacy courses for Roma women in the region.

The law states that "nomadic Gypsies" are among the four categories of persons not admissible as immigrants."

Document(s): Open document

11.12.2007 - Source: Minority Rights Group International

Report on minorities (international standards on minority rights; legal framework of minority policies in Turkey; key ethnic, linguistic and religious minority groups; issues regarding minority protection) ("A Quest for Equality: Minorities in Turkey") [ID 22364]

Document(s): Open document

06.11.2007 - Source: European Commission

Minority Rights ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22421]

"However, Turkey's approach to minority rights remains unchanged. According to the Turkish authorities, under the 1923 Treaty of Lausanne minorities in Turkey consist exclusively of non-Muslim religious communities. In practice the minorities associated by the authorities with such Treaty are Jews, Armenians and Greeks. Without prejudice to the Treaty, the Turkish authorities consider Turkish citizens as individuals having equal rights before the law rather than as individuals belonging to the majority or to a minority
[...]
Turkey is a party to the UN International Covenant on Civil and Political Rights (ICCPR). However, its reservation regarding the rights of minorities and its reservation to the UN Covenant on Economic, Social and Cultural Rights (ICESCR), regarding the right to education, are matters of concern9. Turkey has not signed the Council of Europe Framework Convention for the Protection of National Minorities or the European Charter for Regional or Minority Languages.

The management of the minority schools, including the dual presidency, remains an issue. Further efforts are needed to remove discriminatory language from textbooks.
[...]
Overall, Turkey has made no progress on ensuring cultural diversity and promoting respect for and protection of minorities in accordance with European standards."

Document(s): Open document

01.2007 - Source: Human Rights Watch

Supreme Council for Radio and Television permits television and radio broadcasting in Kurdish; other restraints on minority languages remain ("World Report 2007") [ID 19012]

"The Supreme Council for Radio and Television finally took the important step of permitting television and radio broadcasting in Kurdish, although only for one hour a day. Other restraints on minority languages in the public arena remain. In April, for example, a Diyarbakir court closed the Kurdish Democracy Culture and Solidarity Association (Kürt-Der) for infringing the Associations’ Law by conducting its internal business in Kurdish."

Document(s): Open document

10.10.2006 - Source: International Helsinki Federation for Human Rights

Law of Political Parties and minorities ("A Minority Policy of Systematic Negation") [ID 18156]

"Under the Law of Political Parties, political parties “shall not claim that there are minorities based on national or religious or cultural or confessional or racial or linguistic differences” (article 81(a)). This provision has led to the closure of a number of political parties referring to the Kurdish question. The law also criminalizes the promotion of any culture or language other than the Turkish, which is defined as a threat to the integrity of the Turkish nation (article 81(b)). Another prohibition of the use of any language other than Turkish in the activities of political parties (article 82) has resulted in a large number of prosecutions aiming mostly at Kurdish speakers. On the other hand, the law also stipulates that political parties cannot engage in activities contrary to the principle of equality before law, regardless of racial, ethnic, religious or linguistic differences of the citizens (article 83)."

Document(s): Report
Press Release

10.10.2006 - Source: International Helsinki Federation for Human Rights

Constitution and minority rights/protection ("A Minority Policy of Systematic Negation") [ID 18159]

"The Constitution of the Republic of Turkey, adopted in 1982, does not refer to minorities. Only article 10 of the constitution guarantees all individuals “equality before the law,” without any discrimination, irrespective of language, race, color, sex, political opinion, philosophical belief, religion and sect, or other such considerations.

In fact, the constitution itself provides contradictory guidance on the rights of minority groups within the state. Indeed, while article 2 states that the “Republic of Turkey is a democratic, secular, and social state governed by the rule of law; bearing in mind the concepts of public peace, national solidarity and justice, respecting human rights…,” the preamble of the constitution informs that “no protection shall be accorded to an activity contrary to Turkish national interests, the principle of the indivisibility of the existence of Turkey with its state and territory, Turkish historical and moral values or the nationalism, principles, reforms and modernism of Atatürk and that, as required by the principle of secularism, there shall be no interference whatsoever by sacred religious feelings in state affairs and politics.” In other words, the preamble of the constitution clearly warns against any effort to promote cultures, languages, or any other characteristics other than Turkish and condemns any such initiative or behavior as anti-Turkish, secessionist, and contrary to Turkish interests. In conformity with these constitutional provisions, “creating minorities,” by referring to their existence, was criminalized in the Turkish law."

Document(s): Report
Press Release

10.10.2006 - Source: International Helsinki Federation for Human Rights

Penal Code and minority rights ("A Minority Policy of Systematic Negation") [ID 18160]

"[...] the Turkish penal code has been used to silence voices promoting minority rights - and even discussion on minorities - despite the fact that in the past few years some key provisions of the code were discarded or amended in ways that nominally protect freedom of expression. Article 216 of the penal code still deals with “inciting enmity or hatred among the population” and article 301 with “denigration of Turkishness, the Republic, and the foundation and institutions of the State.” Article 301(1) took effect in June 2005 and states: “A person who explicitly insults being a Turk, the Republic or Turkish Grand National Assembly, shall be imposed to a penalty of imprisonment for a term of six months to three years.” Article 301(3) says: “Where insulting being a Turk is committed by a Turkish citizen in a foreign country, the penalty to be imposed shall be increased by one third.” Moreover, the interpretation of these provisions by prosecutors and courts has been broad. Several well-known writers, including Orhan Pamuk, have stood and are standing trial under these provisions for citing, for example, the genocide of Armenians during the last years of the Ottoman Empire, or killings of Kurds during the long-lasting conflict between Turkish forces and Kurdish separatists."

Document(s): Report
Press Release

10.10.2006 - Source: International Helsinki Federation for Human Rights

Law on the Fight against Terrorism and minorities ("A Minority Policy of Systematic Negation") [ID 18240]

"The recent amendments to the 1991 Law on the Fight against Terrorism (Act 3713) that were passed by parliament on 29 June 2006 provide for new restrictions on press freedom and it is feared that they will be used to further limit freedom of expression by minorities, especially by pro-Kurdish media. Article 6(2) of the law provides for a three-year prison sentence for “any dissemination of statements and communiques by terrorist organisations.” The owners and editors of news organisations risk a heavy fine. Article 7 (2) states: “Whoever makes propaganda for a terrorist organisation will be sentenced to five years in prison. If the crime is committed by means of the press, the penalty may be increased by half. Owners and editors will also be sentenced to a heavy fine.” Yet, the law fails to define “terrorism,” a fact which gives rise to concern that it will subject to broad interpretation can and misuse, as has been the case already with the old law. A new article (article 8(b)) added by parliament provides for “chain liability,” under which all persons in one way or another involved in the production of an article of a program can be prosecuted and sentenced to heavy fines."

Document(s): Report
Press Release

10.10.2006 - Source: International Helsinki Federation for Human Rights

Language rights and recognized minorities (Greek minority teachers restricted in schools where they can teach; training of Armenian language teachers very limited) ("A Minority Policy of Systematic Negation") [ID 18448]

"Non-Muslim religious minorities have encountered problems in applying the principles of article 40 of the Lausanne Treaty regarding language education, which states that non-Muslim minorities should have the “equal right to establish, manage and control at their own expense […] any schools and other establishments for instruction and education, with the rights to use their own language.”

In reality, however, the proper functioning of minority schools is hindered in several ways. Firstly, minorities still encounter problems obtaining teaching materials or in getting those teaching materials approved. Secondly, minorities are suffering from state restrictions on minority teachers.

Thus, for example, Greek minority teachers are restricted in the schools where they can teach and must be of Turkish citizenship. Similarly, the training of Armenian language teachers is very limited possibly pending acceptance by the Turkish authorities of an Armenian department within an Istanbul university for the study of the Armenian language."

Document(s): Report
Press Release

09.10.2002 - Source: European Commission

European Commission: Human rights and the protection of minorities ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 13333]

"The constitutional amendments of October 2001 led to the adoption of three sets of implementing legislation in 2002.
The three “reform packages”, adopted in February, March and August 2002 in Acts No 4744, 4748 and 4771, modified various provisions of Turkey’s major legislation and adressed a wide range of human rights issues, including the death penalty, the exercise of fundamental rights and freedoms, pre-trial detention and legal redress.
The government appears determined to ensure a swift implementation of the new provisions. It is making efforts to provide for the approval of all required regulations and administrative measures by November 2002.
Further detailed assessments of this legislation are given below. Turkey has made some progress with regard to the various international conventions on
human rights. In April Parliament ratified the 1969 UN Convention on the Elimination of All Forms of Racial Discrimination. Turkey introduced a reservation to Article 22 of the Convention, to the effect that cases involving Turkey can only be referred to the International Court of Justice with its consent. In July 2002, Turkey signed the European Agreement Relating to Persons Participating in Proceedings of the European Court of
Human Rights. No progress has been made in acceding to other major international human rights instruments such as the Statute of the International Criminal Court, the UN International Covenant on Civil and Political Rights, and the UN International Covenant on Economic, Social and Cultural Rights.
In January 2002 the Government decided to withdraw the derogation made in 1992, concerning Article 5 of the ECHR (“right to liberty and security”) with regard to provinces under emergency rule. In line with the constitutional and legislative amendments, the maximum pre-trial detention (police custody) period is now four days before the detainee needs to be brought before a judge, plus a possible three day extension in the areas under emergency rule. This is an improvement on the previous
maximum of ten days.
Notwithstanding the revision of Article 38 of the Constitution and the amendment of the Penal Code (see below under Civil and political rights) Turkey did not sign Protocol 6 or Protocol 13 to the ECHR on the abolition of capital punishment. Turkey has not signed the Council of Europe Framework Convention for the Protection of National Minorities.
Between 1 October 2001 and 30 June 2002, 1874 applications regarding Turkey were made to the European Court of Human Rights (ECtHR). Of these, the majority (1125) were related to Article 6 of the ECHR (“right to a fair trial”). Three hundred and four were concerned with Article 5 (“the right to liberty and security”), and 246 applications were made under Article 3 (“prohibition of torture”). One hundred and four pertained to Article 11 (“freedom of assembly and association”), and 95 to freedom of expression
(Article 10)."

Document(s): Open document

09.09.2002 - Source: International Helsinki Federation for Human Rights

International Helsinki Federation: Harmonization Laws touch on minority and language rights ("OSCE Human Dimension Implementation Meeting Warsaw, 9-19 September 2002. Statements by the International Helsinki Federation for Human Rights (IHF)") [#8556],  [ID 13334]

"In Turkey, the recently adopted so-called “Harmonization Laws” touched upon many rights related to minorities, including the use of minority languages and freedom of association. The Law on the Establishment and Broadcasting of Radio Stations and Television Channels was amended to allow broadcasting in the “different languages and dialects used traditionally by Turkish citizens” if the programs do not “contradict the fundamental principles of the Turkish Republic enshrined in the Constitution and the indivisible integrity of the state with its territory and nation” or encourage the use of violence or incite feelings of racial hatred.” Unfortunately, the two limitations can still be interpreted in the same highly restrictive manner that prosecutors and judges have interpreted some articles of the Turkish Penal Code the Anti-Terror Law Article and so restricted freedom of expression. While being an important formal step to the right direction in that for the first time ethnic minorities have the opportunity to broadcast in their own language, only the implementation of the new legislation will show if any real progress is being made. The framework for minority language broadcasts will be determined through a regulation to be issued by the Supreme Council of Radio and Television (RTÜK), which also monitor the broadcasts. Moreover, instruction of languages “used by Turkish citizens in their daily lives” is now formally
allowed in private educational institutions if such courses, again, do not threaten the national integrity.
Such courses will operate within the framework of the Ministry of National Education and according to its regulations. Therefore, while in principle the legal restrictions are removed, it remains to be seen how much freedom the ministry’s regulations will provide. Moreover, the IHF regrets that instruction
of minority language can only be given in private courses and not within the public educational system, and that it they are not allowed as the language of instruction even in private schools.
A new provision under article 1 of the Law on Foundations prescribes that associations representing minorities “can acquire and dispose of real property with the permission of the Council of Ministers.” Again, although a positive step, the amended law has many shortcomings, It does not provide for the
retribution of minority foundation property that has been lost since 1970s and the minority foundations cannot rent their property. Moreover, the minorities covered include only the religious minorities established by the Lausanne Treaty (Greek Orthodox, Armenian Orthodox and Jewish minorities), but
excludes other religious minorities and ethnic minorities. Also, the prescription that the government has to approve acquiring and selling property is cumbersome and discriminatory."

Document(s): Open document
02343osce.pdf