06.11.2007 - Source: European Commission

Cultural rights ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22423]

"As regards cultural rights, broadcasting in languages other than Turkish, in March 2007 a new radio channel in Diyarbakýr, Çaðrý FM, received authorisation to broadcast in Kýrmanchi and Zaza Kurdish. There are now four local radio and TV stations broadcasting in Kurdish.

However, time restrictions apply, with the exception of films and music programmes. 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. An appeal against these rules has been pending before the Council of State for three years. Court cases have been opened against some broadcasters for trivial reasons."

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

Kurds and language rights ("A Minority Policy of Systematic Negation") [ID 18451]

"The limitation in the use of the Kurdish language amounts to a limitation of the Kurds’ freedom of expression. While some progress has been made in language rights - for example, letters that appear in the Kurdish alphabet but not in the Turkish one are no longer banned from print - Turkish authorities still continue to hinder the Kurds from using their language when it may reflect some ethnic pride. For example, a specific law prevents the use of minority language in politics. The Law on Political Parties prohibits using a language other than Turkish “in writing and printing party statutes or programs; at congresses, at meetings in open air or indoor gatherings; at meetings and in propaganda; in placards, picture, phonograph records, voice and visual tapes, brochures and statements.”

[...] On 20 April 2006, Kürt-Der (the Kurdish Association) was closed under the Association Law on the grounds that it was working for an extension of broadcasting and education in Kurdish, and had conducted its internal business in the Kurdish language.

[...] On 8 June 2006, a trial against leaders of HAK-PAR started under the Political Parties Law for speaking Kurdish at their party congress."

Document(s): Report
Press Release

28.12.2005 - Source: Radio Free Europe/Radio Liberty

In line with EU demands, private television and radio stations may start broadcasting in minority languages such as Kurdish from January ("Turkey To Allow Private Broadcasting In Kurdish") [#41016], [ID 14352]

Document(s): Open document

10.2005 - Source: UK Home Office

Report on the usage of Kurdish language ("Country Report - October 2005") [#40563], [ID 14353]

"6.213 The European Commission 2005 report stated that:

“Notwithstanding a greater tolerance for the use of languages other than Turkish, the exercise of cultural rights is still precarious. No local broadcasting in Kurdish has yet been authorised, Kurdish language courses have closed down and politicians continue to be convicted for using the Kurdish language in certain contexts. Turkey continues to adopt a restrictive approach to minorities and cultural rights. [71e] (p41)

The judiciary’s role in guaranteeing the right to use Kurdish is mixed. In May 2005 the Court of Cassation revoked a decision which had banned the use of Kurdish music during an election campaign. However, a Criminal Court in Diyarbakir ordered the confiscation of a number of music albums in January and February 2005 on the basis of Article 312 of the former Penal Code, claiming that the Kurdish language lyrics constituted propaganda in support of an illegal organisation. Moreover, problems continue to be reported concerning the registration of certain Kurdish names, and practice varies throughout the country. There are still restrictions on the use of languages other than Turkish by political parties.” [71e] (p38)

6.214 As noted in the UK Foreign and Commonwealth Human Rights Annual Report 2005, released in July 2005:

“Broadcasting (both radio and TV) in non-Turkish languages, including Kurdish dialects, began on 7 June 2004 on the state-owned national broadcaster TRT. Private language courses in Kurdish opened across Turkey in 2004, including in Van, Batman and Sanliurfa. However, harassment of Kurdish groups and political parties is still common among the general population. It also remains illegal to carry out political campaigning in any language other than Turkish.” [4h] (p106)

6.215 Amnesty International’s report ‘Europe and Central Asia Summary of Amnesty International’s Concerns in the Region January – June 2004’ published 1 September 2004 stated that:

“During this period a fundamental taboo was finally broken when state television and radio channels began broadcasts for the first time in languages other than Turkish, a measure of symbolic significance in signalling official acceptance that Turkish is not the only language belonging to citizens of the Turkish Republic. The much delayed implementation of the August 2002 law, which had provided for broadcasts in ‘different languages and dialects traditionally used by Turkish citizens in their daily lives’, came about in the week beginning 6 June when state television and radio channels began broadcasts in Bosnian, Circassian, Kırmançi, Zazaca and Arabic…. It is probable that in time the limited non-Turkish language broadcasts offered by the state broadcasting services will be supplemented by private and eventually local television channel broadcasts.” [12l] (p57)

6.216 As noted in the USSD 2004:

“While there were some improvements during the year, the Government maintained significant restrictions on the use of Kurdish and other ethnic minority languages in radio and television broadcasts and in publications… During the year, the HRF recorded fewer complaints that authorities prevented parents from registering their children under traditional Kurdish names.” [5c] (Section 5)

6.217 The Freedom House report ‘Countries at the Crossroads 2005 – Turkey’, published in December 2004 noted that “The legalization of these [non-Turkish language] broadcasts was a major step for Kurdish rights and freedom of expression…The broadcasts have been criticized for being too short and being limited to the national station, and liberalization still has a long way to go. However, the significance of the changes cannot be overstated.” [62c] (p16)

6.218 In November 2003 the BBC reported that “Turkey has allowed Kurdish writers to hold a conference in their own language for the first time in years. Kurdish is being used in a literary conference, which opened [4 November 2003] in the southeastern city of Diyarbakir. This week long event is being attended by Kurdish writers and intellectuals from Turkey itself and abroad.” [66q]"

Document(s): Open document

10.2005 - Source: UK Home Office

Report on teaching in Kurdish language ("Country Report - October 2005") [#40563], [ID 14354]

for more detailed Information seek out the original document page 123

"6.219 The European Commission 2004 noted that:

“A Regulation entitled Teaching in Different Languages and Dialects Traditionally Used by Turkish Citizens in their Daily Lives entered into force in December 2003. This allowed for the first time private courses in Kurdish. Six private schools started teaching Kurdish (Kirmanci dialect) in Van, Batman and Şanliurfa in April 2004, in Diyarbakir and Adana in August 2004 and in Istanbul in October 2004. These schools do not receive financial support from the state and there are restrictions concerning, in particular, the curriculum, the appointment of teachers, the timetable and the attendees. Notably, students must have completed basic education and therefore will be older than 15.” [71c] (p49)

6.220 According to a report by MRGI published July 2004:

“In Adan, Batman, Şanliurfa and Van, the Ministry of National Education, General Directorate of the Private Teaching Institutions, has permitted Kurdish courses. However, at least four other applications (Circassion and Kurdish) have not been finalised for more than a year due to bureaucratic delays and the strict requirements about establishing the courses. Further, the use of minority languages in schools, or even requesting their use, continues to lead to punishment.” [57b] (p10-11)

6.221 As noted in the USSD 2004 “During the year, private Kurdish language instruction courses were opened in Istanbul and six southeastern cities (Van, Batman, Sanliurfa, Diyarbakir, Kiziltepe, and Adana) pursuant to legislation adopted in 2002. According to observers, officials had delayed the courses by raising bureaucratic obstacles.” [5c] (Section 5)

6.222 On 2 August 2005 the Turkish Daily News reported:

“Private Kurdish language schools, launched as part of Turkey’s European Union-inspired reform efforts, shut down in six provinces and two southeastern towns one after another due to lack of interest among the public, said the owner of a language school in the southeastern province of Diyarbakir yesterday. Seven language centers have opened, mostly in the Southeast, with one more in the process of completing bureaucratic procedures before its opening since Turkey allowed private teaching of Kurdish in 2002… The schools that closed down yesterday were in the provinces of Istanbul and Şanlıurfa and the Kızıltepe district of Mardin. Similar centers in the provinces of Batman and Adana shut down earlier and centers in Diyarbakir and Van had no new enrollments this year… So far, 2,027 people have enrolled in the schools, with 1,056 of them completing the program.”"

Document(s): Open document

19.05.2005 - Source: International Helsinki Federation for Human Rights

Discriminatory Treatment of Kurdish Citizens ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004)") [#32120], [ID 14355]

"While linguistic rights of the persons belonging to minorities were further extended by the government in 2003, two pro-Kurdish politicians were sentenced to prison terms in January 2004 for making their election speeches in Kurdish in 2002.

ECRI expressed concern that non-Turkish speaking minorities were discriminated in terms of access to public services. In a submission to the Turkish government and the European Union, the Minority Rights Group suggested that discriminatory treatment of Kurdish citizens, especially the internally displaced persons, remained a problem in western parts of the country.

Kurdish activists continued facing harassment and prosecution, including for their demands regarding linguistic rights, by the authorities who connected such activism to PKK and "terrorism". While considerable numbers of Kurdish people cannot speak Turkish, it is prohibited to speak languages other than Turkish in election campaigns and in meetings. The Ministry of Interior stated that several new prosecutions were launched against Kurdish political activists Leyla Zana and her colleagues for speaking in Kurdish in the public meetings after they were released.

Activities and speech concerning minority rights for Kurds were usually regarded highly sensitive and controversial by the authorities. The military and police authorities made several public statements condemning demands for minority rights as divisive of the country and as national security threats. One such sensitive issue, which was highlighted by the authorities and the mass media in a language inciting the public against the Kurdish minority, was the use of Kurdish alphabet letters “q, x and w†which do not exist in the Turkish alphabet. These letters, which were freely used in writing in western languages, led to prosecutions and other sanctions when used in writing in Kurdish.

Several Kurdish activists have been punished for mentioning the imprisoned PKK Leader Abdullah Ocalan as "Sayin"(Mr.) Ocalan, which authorities regard as an expression of respect. At least one million Kurds remained internally displaced (see below). The police and gendarmerie particularly targeted Kurdish activists, including the leaders and members of the Democratic Popular Party (DEHAP), which includes pro-Kurdish minority demands in its platform and is organised largely among the Kurdish minority, in intervening in demonstrations and meetings such as press conferences. The police and gendarmerie often conducted raids of party offices and homes of party members, arresting a large number of party leaders and members."

Document(s): Open document

18.05.2005 - Source: Schweizerische Flüchtlingshilfe

Restricted possibilities to use Kurdish language ("Zur aktuellen Situation - Mai 2005 ") [#32420], [ID 14356]

"Im Juni 2004 wurden im Radio und Fernsehen des staatlichen Rundfunks die ersten Sendungen in anderen Sprachen und Dialekten als Türkisch ausgestrahlt.

Den Ausstrahlungen werden strenge zeitliche Grenzen gesetzt. Private Radio- und Fernsehstationen haben bis jetzt vergeblich um Bewilligungen für Sendungen in Kurdisch ersucht. Im Dezember 2003 trat eine Verordnung in Kraft, welche erstmals auch Privatkurse in Kurdisch gestattet. Die Schulen müssen zahlreiche Auflagen erfüllen und stehen auf wackliger finanzieller Grundlage. Die hohen Kursgebühren können sich nur die Wenigsten leisten.

Strafverfahren und Verurteilungen gab es im Berichtszeitraum weiterhin wegen des Gebrauchs von bestimmten Buchstaben des kurdischen Alphabets, welche im türkischen Alphabet nicht enthalten sind. Die Registrierung kurdischer Namen bleibt schwierig. Strafverfahren knüpfen häufig an Text- oder Liedinhalte an (wie beispielsweise das öffentliche Abspielen kurdischer Lieder), mit denen die PKK gelobt wird. Es kam auch zu Konfiszierungen von kurdischen Musikalben, auf denen «Propaganda für eine illegale Organisation» gemacht worden sein soll. Verboten ist die kurdische Sprache weiterhin in der externen Kommunikation von Parteien und im Rahmen von Wahlpropaganda. Wegen Verstössen gegen diese Ordnung kommt es regelmässig zu Gerichtsverfahren."

Document(s): Open document

15.02.2005 - Source: Council of Europe - European Commission against Racism and Intolerance

ECRE: Language barriers between ethnic Kurds and state authorities ("Third report on Turkey: Adopted on 25 June 2004 and made public on 15 February 2005 [CRI(2005) 5]") [#30573], [ID 14357]

"Access to public services

58. In its second report, ECRI recommended that the Turkish authorities look into the case of Kurdish language speakers, and in particular women, who have difficulty communicating when it comes to accessing public services, especially health care. It called for the adoption of any remedial measures that might be necessary in the wake of this investigation.

59. The authorities have informed ECRI that, in their view, there are no communication problems between Kurdish language speakers and the administration in South-East Turkey. The authorities always find some way of communicating with the individuals concerned, either because they are accompanied by a Turkish speaker or because the administration itself enlists the help of an interpreter. In the specific case of Kurdish women, the authorities have said that the communication problem stems more from a lack of contact between the administration and some Kurdish women, which allegedly has to do with the traditions and poor education of the women concerned.

60. ECRI notes that the authorities are making efforts to overcome the language barrier in their dealings with non-Turkish speakers. The Ministry of Health has introduced a policy aimed at facilitating these persons’ access to health care, by assigning volunteer health care professionals who speak local languages to health centres in South-East and East Anatolia. ECRI feels, however, that in regions where the majority of the population speak a language or dialect other than Turkish, further efforts are needed to ensure that such persons enjoy equal access to public services and in particular health care.

Recommandations:

61. ECRI encourages the Turkish authorities to find, in areas where persons speaking a language or dialect traditionally used by Turkish citizens are in the majority or very numerous, ways of facilitating communication between these persons and the authorities. One option might be to provide extra classes in the official language, not only for children5 but also for adults. Such classes should be easily accessible. Where the communication problem stems more from cultural factors, as is the case, according to the authorities, with Kurdish women living in the South-East, special, comprehensive measures should be taken to overcome all barriers to access to public services. The authorities might also consider taking more measures to encourage officials who speak the local language in the region concerned to communicate in this language with members of the public, where they so request."

Document(s): Open document

06.10.2004 - Source: European Commission

New regulation allows for the first time private courses in Kurdish ("Regular Report 2004 on Turkey´s progress towards accession") [#26161], [ID 14358]

"A Regulation entitled Teaching in Different Languages and Dialects Traditionally Used by Turkish Citizens in their Daily Lives entered into force in December 2003. This allowed for the first time private courses in Kurdish. Six private schools started teaching Kurdish (Kirmanci dialect) in Van, Batman and Şanliurfa in April 2004, in Diyarbakir and Adana in August 2004 and in Istanbul in October 2004. These schools do not receive financial support from the state and there are restrictions concerning, in particular, the curriculum, the appointment of teachers, the timetable and the attendees. Notably, students must have completed basic education and therefore will be older than 15."

Document(s): Open document

30.09.2003 - Source: International Helsinki Federation for Human Rights

Report focused on latest human rights developments in the member states of the Organization for Security and Co-operation in Europe (OSCE) ("Interventions and Recommendations by the International Helsinki Federation for Human Rights (IHF) on the Occasion of the OSCE Human Dimension Implementation Meeting Warsaw, 6-17 October 2003") [#16408], [ID 14359]

"In Turkey, legal reforms introduced since 2002 in order to bring national legislation in line with the EU Copenhagen criteria have formally included improvements also for minorities. However, while many restrictions on the use of minority languages in different sectors of life have been relaxed, little has been implemented in practice and new regulations have been adopted which, again, restrict free use of, for example, the Kurdish language.

The August 2002 reform package lifted some restrictions on broadcasting and education in minority languages, but regulations enacted by parliament to implement these reforms reduced the width implicitly attributed to the changes. Moreover, the Law on the Establishment and Broadcasting of Radio Stations and Television Channels was amended in 2002 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.” However, these limitations can still be interpreted in a highly restrictive manner, and the December regulations drafted by the highest broadcasting authority RTÜK limits the broadcasting to state channels and only for a few hours a week, requires mandatory complete translation of all programs into Turkish, and restricts the nature of programs. Hence, in practice, Kurdish language broadcasting was still on hold as of the summer of 2003.

On the basis of the August 2002 reforms, instruction of languages “used by Turkish citizens in their daily lives” was formally allowed in private educational institutions if such courses, again, do not threaten “national integrity.” However, regulations adopted in December to implement this reform exemplified a marked retreat from the original amendment, restricting the minority language instruction to weekends or holidays for students between twelve and eighteen years of age who have completed primary education. Moreover, minority language instruction can only be given in private schools and not as part of the public educational system. It cannot constitute the language of instruction -- even in private schools.

While there are no longer legal obstacles to publishing newspapers and magazines in Kurdish, pro-Kurdish newspapers continue to face serious harassment. Newspapers cannot be sold freely, Kurdish journalists are obstructed in their work, and legal suits have been filed against newspapers. For example, as of July 2003, the daily Yediden Ozgur Gundem was on the verge of closing down because of massive punitive pressure obviously aimed at destroying its financial basis. Between September 2002 and July 2003, 215 criminal proceedings were initiated against daily, including 184 cases by the State Security Court and 31 cases by the local court in Beyogly, Istanbul. The paper has been charged with crimes such as “supporting an armed organization,” “incitement to hatred,” and “separatism.” A number of additional lawsuits are pending without official notification. In addition, the radio station Radyo Dunya received on 10 July 2003 a one-month broadcasting ban for airing Kurdish songs during a program on the history of the Kurdish language and literature more than half a year earlier -- when this was already legally allowed. The biggest Kurdish TV station, Medya TV, could no longer be viewed as of mid-2003."

Document(s): Open document

21.06.2003 - Source: Schweizerische Flüchtlingshilfe

Viele kurdische Publikationen werden konfisziert und deren Autoren und Herausgeber wegen Separatismus angeklagt ("Zur aktuellen Situation - Juni 2003 ") [#14557], [ID 14360]

"Vom Gesetz her gibt es zwar kein Verbot mehr, kurdische Zeitungen, Zeitschriften und Bü-cher zu veröffentlichen. In der Tat werden jedoch viele dieser Publikationen konfisziert und deren Autoren und Herausgeber wegen Separatismus angeklagt. Bis zum Ende des Aus-nahmezustandes war es verboten, kurdische Publikationen in den Ausnahmezustandspro-vinzen zu verkaufen."

Document(s): Open document

21.06.2003 - Source: Schweizerische Flüchtlingshilfe

Nach der Verfassungsänderung vom August 2002 wurden die entsprechenden Bestimmungen des Radio- und Fernsehgesetzes nur zögernd angepasst ("Zur aktuellen Situation - Juni 2003 ") [#14557], [ID 14361]

"Unendliche Diskussionen über zukünftige kurdische Radio- und Fernsehsendungen haben die konkrete Umsetzung dieses neuen Rechts monatelang lahmgelegt. Nach der Verfassungsänderung vom August 2002 wurden die entsprechenden Bestimmungen des Radio- und Fernsehgesetzes nur zögernd angepasst. Für dessen Kontrolle ist der Hohe Rat für Radio und Fernsehen (RTÜK) zuständig – in dem die Armee vertreten ist. Das Gesetz 3984 sah bis anhin vor, dass sämtliche Sendungen in türkischer Sprache erfolgen müssen. Nicht-türkische Sprachen wurden nur dann als Sendesprachen zugelassen, wenn sie einen Bei-trag zur Entwicklung der universalen Kultur oder der Wissenschaft leisteten.
Was den Unterricht in Kurdisch betrifft, ist es nunmehr möglich, die kurdische Sprache wie andere Fremdsprachen an privaten Sprachinstituten zu unterrichten. Die Kurse dürfen je-doch keine politischen Ziele verfolgen. Das Mitte Mai 2003 angekündigte Gesetzgebungs-paket wird nach der Ratifizierung durch das Parlament eine weitere Liberalisierung in Sa-chen kurdische Sprache bringen. So soll es nicht mehr möglich sein, die Registrierung von kurdischen Namen auf Zivilstandsämtern zu verweigern oder Hochzeiten zu stürmen, weil dort kurdische Lieder gesungen werden. Der Forderung zahlreicher kurdischer Studierenden allerdings, kurdische Lehrstühle an Universitäten einzuführen, wird im Moment noch keine Folge geleistet werden. Was Radio- und Fernsehsendungen betrifft, bleibt diese Möglichkeit erstmals den staatlichen Radio- und Fernsehstationen vorbehalten. Das sechste Anpas-sungspaket sollte diesbezüglich die notwendigen Änderungen bringen.
Seit Dezember 2001, als die Kampagne zur Einführung von Kurdisch-Unterricht als Wahl-fach begann, wurden mehr als 1000 Studierenden, SchülerInnen und Eltern verhaftet, weil sie eine entsprechende Petitionen eingereicht haben. Mehrere Hundert Personen wurden angeklagt, eine illegale Organisation zu unterstützen. Begründet wurde der Vorwurf damit, die Kampagne sei von der PKK bzw. der KADEK angezettelt worden. Zahlreiche Studieren-den sind aufgrund eines entsprechenden Entscheids des Hochschulrats YÖK bezüglich die-ser Petition von der Universität ausgeschlossen worden. Der ehemalige Ministerpräsident Ecevit liess verschiedentlich verlauten, es sei unmöglich, Kurdisch an den Universitäten zu unterrichten, weil auf diesem Weg die Teilung des Staates herbeigeführt werde.
Im April 2002 wurde der kurdische Minibuschauffeur Sulhattin Önen zu 45 Monaten Gefäng-nis verurteilt, weil er mehrmals eine kurdische Kassette abgespielt hatte. Diese Strafe wur-de verhängt, nachdem eine erste Strafe suspendiert worden war. Da er sein Delikt aber wiederholt hatte, wurde die Suspension aufgehoben. Obwohl der Verkauf dieser Kassette freigegeben worden war, liess sich das Gericht nicht von seinem Urteil abbringen.
Ende Mai 2003 wurde im Bezirk Yüksekova (Hakkari) einer kurdischer Musikgruppe von der Gendarmerie der Zutritt zu einem Dorf verweigert, wo sie an einem Hochzeitsfest hätten auftreten sollen. Die Soldaten haben eine eigene Musikgruppe gebildet und an dieser Hoch-zeit gespielt."

Document(s): Open document

11.2002 - Source: Asylum Aid

David McDowall: Kurds are able to assert their identity and culture significantly more than they could a decade ago ("Asylum Seekers from Turkey II (revised, updated edition of the report of a mission to Turkey, October 2000)") [#10639], [ID 14362]

"There can be little doubt that Kurds are able to assert their identity and culture significantly more than they could a decade ago. But the repeal of Law 2932 and the adoption of Newroz as a Turkish national holiday is less the result of 'liberalisation' by the State than acquiescence in a shift in the terrain on which the Kurdish question is contested. It is the inability of the State to contain Kurdish expression that has led to these concessions, which are still contested on the ground by members of the security forces and the judiciary. Cultural repression continues in violent, bizarre or ludicrous ways. Even with constitutional liberalisation, there is a long way to go before the security forces respect freedom of expression, assembly and association in cultural matters. They remain obsessed with the need to control and to punish those that do not submit to their authoritarian control."

Document(s): Open document

09.10.2002 - Source: European Commission

European Commission: Language rights ("2002 Regular Report on Turkey's Process Towards Accession") [#10217], [ID 14363]

"A number of students across the country petitioned for optional language classes in
Kurdish to be taught in universities. While in some universities several petitions were
accepted, in others they could not be submitted. The High Education Board (YÖK) issued
injunctions to university rectors to impose disciplinary sanctions on the petitioners. Some
students were subject to criminal proceedings by the State Security prosecutor in several
cities. In a number of instances, the cases resulted in acquittals."

Document(s): Open document

01.09.2002 - Source: Amnesty International

Amnesty International: In August 2002 the ban on broadcasting in Kurdish was lifted ("Briefing on present state of human rights development during the pre-accession process") [#10652], [ID 14364]

"The EU called for the lifting of any legal restrictions on mother-tongue broadcasting as a short-term priority and the full guarantee for cultural diversity and cultural rights for all citizens irrespective of the origin, including in the field of education, in the medium term. The NPAA insisted on the status quo referring to the "free usage of different languages, dialects and tongues by Turkish citizens in their daily lives. This freedom may not be abused for the purpose of separatism and division." In April 2002 Turkey incorporated the UN Convention on the Elimination of All Forms of Racial Discrimination (CERD) into domestic law, but declared it did not accept the jurisdiction of the International Court of Justice in case of disputes between two state parties with respect to the interpretation or application of the Convention (Art. 22). In the review process of Turkey's report to the Committee on the Rights of the Child in May 2001, Turkey did not withdraw its reservations relating to minority rights in the Convention on the Rights of the Child.(3)
Under the constitutional amendments in October 2001 and the legislative amendments in August 2002 the ban on broadcasting in Kurdish was lifted with the above-mentioned restrictions. At the same time, thousands of students, who filed petitions for Kurdish as an elective course since November 2001, and parents who followed them by applying for mother- tongue education in Kurdish, met with harsh responses by the authorities, and many people were charged with aiding and abetting the armed opposition group Kurdistan Workers' Party (PKK) or its successor KADEK. Amnesty International considers that most of the defendants in such trials have been charged solely for peacefully expressing their political views. Changes to the Law on Foreign Language Education and Teaching, which came into effect on 9 August 2002, will allow for the teaching of languages, including Kurdish. However, no courses in Kurdish have apparently yet been approved by the authorities and the prosecution of individuals detained for requesting Kurdish language education continues. In early September 2002 Amnesty International was informed that some people were acquitted on the grounds of the new amendment. Amnesty International will monitor the implementation and effects of the legislative amendments."

Document(s): Open document

30.08.2002 - Source: Kaya, Serafettin

Seraffetin Kaya: ("Stellungnahme v. 30.8.2002 an OVG Meckl.-Vorp. (German, cf. Stellungnahme Helmut Oberdiek #9154)") [#9153], [ID 14365]

Document(s): Open document

28.08.2002 - Source: Amnesty International

Amnesty International - Urgent Action: ("Turkey - UA 141/02") [#8447], [ID 14366]

Document(s): Open document

04.08.2002 - Source: Oberdiek, Helmut

Helmut Oberdiek: ("Stellungnahme v. 4.8.2002 an OVG Meckl.-Vorp. (German, cf. Stellungnahme Serafettin Kaya, #9153)") [#9154], [ID 14370]

Document(s): Open document

10.05.2002 - Source: Amnesty International

Amnesty International - Urgent Action: ("Turkey - UA 141/02") [#6886], [ID 14371]

Document(s): Open document

15.04.2002 - Source: Council of the European Union

Netherlands delegation to CIREA: Publications which concern Kurdish ethnicity and culture are often confiscated or lead to prosecution since the authorities regard them as threatening the indivisible unity of the state ("Note from the Netherlands delegation to CIREA: Official general report on Turkey, January 2002" Rf. 7838/02") [#7991], [ID 14372]

"The publication of books, periodicals and newspapers in Kurdish has been authorised since 1991.
Newspapers and magazines with a Kurdish slant are, however, often difficult to get hold of and are
frequently not admitted to the state of emergency area. Potential readers sometimes shy away from
buying Kurdish publications because possession can be interpreted as proof of Kurdish sympathies.
The content of Kurdish publications is closely monitored by the government. Publications and
materials which concern Kurdish history, culture or ethnicity are often confiscated or lead to
prosecution .
Since 2000 there has been a broad debate in the context of EU accession on whether Kurdishlanguage
television programmes and education in Kurdish should be allowed. Some senior
government officials, including the head of the intelligence service MIT, have argued in favour.
In a speech on 25 April 2001 the President of the Constitutional Court declared that teaching in the
Kurdish language was unconstitutional 2. The constitutional amendments of 3 October 2001 seem to
be paving the way for radio and television broadcasts in Kurdish. The provisions of Articles 26 and
28 of the Constitution, which stipulated that a language forbidden by law (i.e. Kurdish) could not be
used for expressing and disseminating thoughts or for radio and television broadcasting, have been
repealed as a result of these changes. Subordinate legislation in this area had not yet been adapted at
the end of 2001.
However, Article 42 of the Constitution, which provides that no language other than Turkish shall
be taught as a mother tongue to Turkish citizens, has not been amended; consequently, no room is
being afforded for freedom of Kurdish-language education. The campaign for Kurdish-language
education launched by the Kurds at the end of 2001 is therefore strongly disapproved of by the
authorities. A number of campaigners have meanwhile been arrested for giving support to the PKK.
The authorities see the call for Kurdish-language education as a veiled PKK attempt to gain a better
foothold in Turkey.
Consequently, television and radio broadcasts in Kurdish are still banned under subordinate
legislation. For some years, however, a blind eye has on occasion been turned to radio broadcasts.
The playing of Kurdish music is allowed, yet many songs are banned for their (political) content.
In February 2001 for the first time the Minister for Culture gave permission for a Kurdish-language
film to be shown nationwide.
Following a ruling of the Unity of Law Division of all Civil Appeals Courts on 4 March 2000
Kurdish names can be entered in the population registers. On 31 March 2001 Prime Minister
Ecevit took action against the use of Kurdish place names in correspondence from local
authorities. All places have been given Turkish names in the last few decades but the Kurdish
designations are frequently used in popular speech.
The Kurdish Institute of Istanbul, a private institution which conducts research into the Kurdish
language, has more or less been tacitly tolerated for years. However, in November 2000
proceedings were commenced against the Institute and its director, Hasan Kaya, for allegedly
providing instruction in a language which, according to the Education Law, cannot be taught. Kaya
testified in court that no instruction was being given but that research was simply being conducted
into Kurdish. He quoted a report by the education inspectorate stating that it was impossible to give
language instruction in the rooms available. At the end of December 2001 Kaya was acquitted by
the criminal court, but the case was then referred to the State security court to check whether the
Anti-Terror Law had been contravened."

Document(s): Open document

27.03.2002 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

The exception to introducing the teaching and learning of foreign languages is Kurdish ("Report submitted by the Special Rapporteur on the right to education: Economic, social and cultural rights (E/CN.4/2002/60/Add.2)") [#10410], [ID 14374]

"66. The exception to introducing the teaching and learning of foreign languages is Kurdish.
On 8 February 2002, the Special Rapporteur met a group of university students who informed
her about the ongoing suppression of attempts to introduce Kurdish as an elective
foreign-language course at the university. While it was possible to study Hungarian three hours
per week, petitions to the university authorities to introduce Kurdish as a foreign language were
rejected. The petitions were reportedly signed by 15,000 students at 35 universities. Apparently,
personal details about petitioners were forwarded by the university authorities to the law
enforcement bodies, leading to arrests on the grounds of “membership in, or support for an
illegal separatist organization”."

Document(s): Open document
hcr-tur270302-educ..pdf

27.03.2002 - Source: BBC News

BBC: ("Turkey grants new political rights") [#6216], [ID 14375]

Document(s): Open document

22.03.2002 - Source: Amnesty International

Amnesty International - Urgent Action: ("Turkey - UA 88/02") [#6069], [ID 14376]

Document(s): Open document

13.02.2002 - Source: Washington Post

Washington Post: ("Kurd Wins Free Speech Case") [#5589], [ID 14378]

Document(s): Open document