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  • F18News: Turkey - Little progress on religious freedom

    FORUM 18 NEWS SERVICE, Oslo, Norway
    http://www.forum18.org/

    The right to believe, to worship and witness
    The right to change one's belief or religion
    The right to join together and express one's belief

    ========================================== ======
    Wednesday 26 July 2006
    TURKEY: LITTLE PROGRESS ON RELIGIOUS FREEDOM

    Despite hopes, there has been little progress in achieving true religious
    freedom in Turkey, argues Otmar Oehring of the German Catholic charity
    Missio
    <http://www.missio-aachen.de/men schen-kulturen/themen/menschenrechte>.
    Delays in changing the Foundations Law; declining official interest in
    acting on EU and Council of Europe advice; the lack of concrete impact of
    limited changes in the way the state records individual religious
    affiliation; "massive nationalistic indoctrination" in schools; and
    continuing systematic discrimination against Muslim and non-Muslim
    minorities contribute to Turkey's religious freedom deficit. In this
    personal commentary for Forum 18 News Service <http://www.forum18.org>, Dr
    Oehring maintains that the Turkish government no longer seems willing to
    improve the religious freedom and human rights situation. Many think that
    EU accession negotiations may fail, and he suggests that this is likely to
    end any progress towards religious freedom.

    TURKEY: LITTLE PROGRESS ON RELIGIOUS FREEDOM

    By Otmar Oehring, head of the human rights office of Missio
    <www.missio-aachen.de>

    The Turkish parliament has now departed for the holidays - without
    approving the new Law on Foundations as it had been expected to do. The
    proposed Law would regulate how "community foundations" - the
    organisations allowed to some non-Muslim ethnic/religious communities -
    own and recover property. Parliament said it would come back early from
    holiday and reconvene in September, rather than October, to consider this
    proposed law and other laws aimed to bring Turkish laws into line with
    European Union (EU) norms. The aim is, reportedly, to approve at least the
    Foundations Law before the EU reports again on accession in early October.

    Although politicians and the EU are concentrating now on the Foundations
    Law, this focuses only on one fairly narrow issue: what to do with
    buildings and other property taken from religious communities by the
    government and sold to third parties (see F18News 13 December 2005
    <http://www.forum18.org/Archive.php?articl e_id=704>). The government
    cannot now give these properties back, so it will have to offer
    compensation. However, it is not willing to do so and parliamentary
    deputies think Turkey should not offer such compensation. As the European
    Commission is telling the Turkish government it must do so, the issue is
    deadlocked.

    Despite the urging of the European Commission's Enlargement
    Directorate-General that Turkey should use the good offices of the Council
    of Europe, both to help it understand what needs to be done in the area of
    religious freedom and to help draw up laws on religious freedom and the
    status of religious communities, the Turks are reluctant. In April 2006,
    the Turkish government contacted the European Commission to ask for
    specialists who could advise on these issues. The EU was willing to send
    three experts, two from the Council of Europe as well as a French expert
    on "laicism". But to the astonishment of those involved, the day before
    the experts were due to travel the Turkish government informed them there
    was "no need" to come.

    The involvement of the Council of Europe in helping Turkey's
    transformation is very tricky. Its Venice Commission - which advises on
    how constitutions and other fundamental laws could conform to European
    democratic standards - could help Turkey on religious freedom, but can
    only get involved if Turkey invites it to do so. But Turkey is not
    interested.

    Official religious affiliation records

    One small step has been taken in the way the state records individuals'
    religious affiliation. A new Personal Status Law approved on 25 April
    gives citizens for the first time the possibility to ask the authorities
    to remove information about their religious affiliation (or presumed
    religious affiliation) from their official records. However, the law is
    contradictory: while Article 35 paragraph 2 allows individuals to ask for
    their religious affiliation to be removed from their records or amended,
    Article 7 paragraph 1(e) specifies that citizens have to provide such
    information.

    Yet despite discussion for at least the past decade, Identity Cards still
    carry a section giving the holder's religion. One of the major
    contributors to the debate was Ahmet Necdet Sezer, who is now Turkey's
    President, in his former capacity as Chief Justice of the Constitutional
    Court. A committed secularist, he argued that, in a secular state, an
    individual's religion should not be mentioned in official documents.

    Changing religious affiliation on an individual's personal records was
    possible before, but required an individual to do this through the courts.
    Fear of social ostracism or hostility meant that few did this.

    Although the new Personal Status Law appears to be a positive step, this
    is not the case. In practice, individuals trying to change their religious
    affiliation in their official records could still face problems. For a
    start, they would have to tell officials - who could just record that the
    individual had requested to change their religious affiliation without
    actually changing it. At least this Law offers the possibility to remove
    any religious affiliation from individuals' Identity Card, but if this
    does not become common any official or police officer would then ask an
    individual why no religion was given. Giving no religion would be
    tantamount to an admission that the individual is possibly a Christian or
    a Jew - the only faiths apart from Islam allowed to be listed.

    It remains unclear how many people have asked to change the affiliation on
    their official records since the new law came in. In the past, individuals
    did of course change their religion, but were not always prepared to do so
    publicly through the courts. The authorities have given conflicting numbers
    of such converts. In February 2005 the Interior Ministry's
    Directorate-General for Administration of the Provinces told parliament
    that 344 people had converted from Islam to Christianity between 1997 and
    2004, while six had converted from Islam to Judaism. No converts to other
    faiths were mentioned. However, Minister of State Mehmet Aydın,
    quoting figures from the government's Presidency of Religious Affairs
    (Diyanet) (see F18News 12 October 2005
    <http://www.forum18.org/Archive.php?articl e_id=670>), said 368 people had
    converted "under the influence of missionary activities".

    There is much hostility to the peaceful sharing of non-Islamic beliefs,
    which may have been a factor in the murder of Fr Andrea Santoro (see
    F18News 9 February 2006
    <http://www.forum18.org/Archive.php?articl e_id=724>).

    The way officials record religion on personal records is predictable.
    Children born to parents who are recorded as Muslims are automatically
    recorded as Muslim. De facto, only three religions are permitted in the
    records: Islam, Christianity and Judaism. Atheist or non-believer are not
    in practice allowed as options. Nor are Baha'i or Jehovah's Witness, to
    take two other examples. It remains unclear whether this has now changed,
    though in practice the whims of the official are likely to override any
    official decision. And if an individual asks to change the religion on
    their identity card, there is no guarantee officials will also change it
    on their personal record on the national register. And when you need any
    official document, the first place officials look is on the register.

    Islam, Islamic Minorities and Citizenship

    In the Muslim world, there is a tradition that the nationality is Islam:
    the nation is the umma, the body of Muslim believers. The concept of
    citizenship separate from religion is not known in Islamic law and
    tradition. Despite the government's insistence that it is "secular",
    Turkey remains a deeply Islamic society so these views have a strong hold
    on the population.

    For almost a quarter of a century, Alevi Muslims have been pushing for
    recognition as a distinct community able to organise themselves in
    accordance with their own beliefs. But in May, Professor Ali Bardakoglu,
    the head of the government's Diyanet <http://www.diyanet.gov.tr/english> -
    which controls all official Muslim life in Turkey, despite the claimed
    secularism of the state - declared once again that Alevis are de facto
    Sunni Muslims. This is like saying that all Protestants are Catholics.
    Predictably, Alevis were unhappy over this statement, which means that in
    practice, the government does not recognise that Alevis and Sunnis are
    different. The government maintains that Cem Houses, where Alevis worship,
    are not considered places of worship but cultural centres. "We're not
    against Cem Houses, but they're no alternative to mosques," is the
    government message.

    The Alevis are divided as to how to respond to the government's attitude -
    some groups are broadly pro-government, some anti-government and some
    pro-Kurdish. The Republican Education Foundation, which is under Alevi
    control, is regarded as more ready to work with the government. It says it
    does not want to see a separate government body to handle Alevi affairs,
    but argues that taxes from Alevis are being used (or misused) solely on
    Sunni mosques and imams. It insists that as Alevis are Turkish citizens
    and taxpayers it wants to see their taxes used to support Alevi
    structures.

    Islamic groups that do not regard themselves as being under government
    control - such as the Islamic brotherhoods (the Sunni Nakchibendis,
    Mevlevis and others as well as the Shi'ite Bektashis) or new Islamic
    movements (such as the Nurcus and Suleymancis) - are in practice left
    alone. Yet there is no chance that the government will recognise Muslim
    differences, even though Turkey has Sunnis, Alevis and a small Shia
    minority. This indicates that the government is not just Muslim, but
    specifically Sunni Muslim, despite its proclaimed secular nature.

    Nationalism in Education

    Discussion continues over changing the school curriculum to treat all
    faiths in Turkey in a new way. The Alevis - like other religious
    minorities - complain that no progress has been reached for their
    teachings to be mentioned in school curricula. Further, Alevis have warned
    that if the government does not introduce separate religious education for
    Alevi children, they will lodge a case against it at the European Court of
    Human Rights in Strasbourg - to which Turkey is subject, as a member of the
    Council of Europe.

    Education remains very nationalistic (see F18News 12 October 2005
    <http://www.forum18.org/Archive.php?articl e_id=670>). Some officials of
    the EU and of EU member states have complained of what one privately
    described as "massive nationalistic indoctrination" in schools. So it is
    highly unfortunate that the Education and Culture chapter (Chapter 26) in
    the EU accession negotiations was opened and closed on the same day,
    without addressing this central point. Without change in the curriculum
    and teaching, there can be no progress in a society whose nationalism has
    a noticeable impact on social attitudes (see F18News 19 January 2006
    <http://www.forum18.org/Archive.php?articl e_id=716>).

    Non-Muslim Minorities

    Meanwhile, tensions for religious minorities remain high, as evidenced by
    the murder of one Catholic priest and attacks on other priests this year.
    Speculation persists that the "deep state" - the nationalist circles in
    the army, police, National Intelligence Organisation (MIT) secret police
    and state administration which regard themselves as the custodians of the
    Ataturkist ideology - might have been behind the murder in February of
    Italian priest Fr Andrea Santoro in his church in the Black Sea port of
    Trabzon, an area well known as a nationalist stronghold. Other factors
    behind the murder are also suggested (see F18News 9 February 2006
    <http://www.forum18.org/Archive.php?articl e_id=724>). Such attacks on
    priests could spread to other nationalist areas. Some Catholic leaders
    still have police outside their residences, though how an unarmed,
    plainclothes police officer could offer any protection remains unclear.
    Some wonder whether they are there more to listen to what those leaders
    are saying than to protect them.

    Of course, all religious minority leaders remain under government
    surveillance, forcing them to be very cautious in everything they say - or
    to be willing to pay the price for their frankness. They know their
    telephones are occasionally tapped and mail is sometimes opened before it
    is delivered. "Walls have ears," religious minority leaders say. Secretive
    officials occasionally come to visit them to ask questions - people
    speculate that they are from the MIT secret police.

    In what is seen by Turkish Christians as a continuing humiliation, all
    Christian Churches - whether their leaders and members are Turkish
    citizens or not - are regarded as foreign. This attitude persists, even
    though Christian communities were present on the territory of what is now
    Turkey many centuries before the Turkish state, its ancestor the Ottoman
    Empire, and Islam. Discussions between Christian Churches and the state
    are normally handled by the Foreign Ministry, or sometimes by another
    state authority chosen by the government. This humiliation is clearly
    deliberate.

    Nothing has happened about plans for the Ecumenical Patriarchate to be
    able to reopen its seminary on the island of Heybeliada (Halki in Greek)
    in the Sea of Marmara, once famed for its scholarship throughout the
    Orthodox world. Closed in 1971, Turkey has grudgingly promised to reopen
    it under US and EU pressure, but that now seems further off than ever.
    Discussion has now fizzled out, though Patriarch Bartholomew always tries
    to raise the issue whenever he can. The Armenians saw their Holy Cross
    seminary in Istanbul closed at the same time, but have given up any hope
    to be allowed to reopen it as a separate institution. Armenian Patriarch
    Mesrop has instead proposed inaugurating a chair of Armenian Studies at
    one of Istanbul's state universities - so far with no result.

    Pope Benedict's Planned Visit

    The planned visit of Pope Benedict XVI, due in November 2006, could also
    raise tensions. Benedict is scheduled to meet the Turkish President and
    government in Ankara, and address a selected public in the capital.
    Presumably, the Pope will want to talk about relations between the
    Christian and Islamic worlds and seek to overcome ideas about the "clash
    of civilisations". The Turkish public is unlikely to be present. Any views
    they might have of the speech will be formed by how the local media covers
    it. In Istanbul, Benedict will meet the Ecumenical Patriarch, the Armenian
    Patriarch and other local religious leaders, as well as the Catholic
    community.

    Most Turks either do not want the Pope to visit, or are indifferent to his
    visit. Some Western-oriented Turks welcome it, as they think it could help
    Turkish society better understand both the Catholic Church and western
    views of Islam. Some of these Turks also hope that the visit will help
    Turkey understand the progress it needs to make on religious freedom. But
    nationalists who strongly oppose Europe and accession to the EU - who are
    growing more influential - could cause headaches for the police during
    Benedict's visit.

    The government too will be closely scrutinising the Pope's words for any
    hint of anything that could be interpreted as anti-Turkish and
    anti-Islamic. As soon as any comments are linked to Turks as a people and
    a society, problems will arise. The Pope will doubtless be very delicate.

    The row stirred up by remarks about the Armenian genocide in the final
    years of the Ottoman Empire made by the Armenian Catholicos, Karekin II,
    on a visit in June is ostensibly related to a historical ethnic conflict
    dating back ninety years. But it is relevant to a discussion on religious
    freedom, especially as the Istanbul prosecutor's office decided to
    investigate the remarks for a possible prosecution of the Catholicos for
    "anti-Turkish remarks". The very prospect of a criminal case over these
    remarks shows the lack of freedom of speech. But whenever religious
    leaders are prosecuted there is a knock-on effect on the rights of the
    religious community. The Armenian Apostolic community - the largest of
    Turkey's Christian communities by far - was embarrassed by Karekin's
    remarks, knowing they will make their already precarious existence more
    difficult.

    What Prospects for the Future?

    The prospect of Turkey's EU accession seems to be the only thing capable
    of driving change in the area of religious freedom and human rights more
    widely. Yet the government is now not willing to enact change. Indeed, it
    is becoming ever more nationalist - even if this might simply reflect the
    AKP's need for votes from the nationalist constituency. It is careful not
    to show too openly that it is Islamist, as this would cause problems with
    the President and the military.

    All this could change after the next parliamentary elections (due in late
    2006 or early 2007) and the presidential election (due next year), if the
    current ruling Justice and Development Party (AKP) wins. If the current
    Prime Minister Recep Tayyip Erdogan - or a puppet - succeeds in becoming
    President, the Ataturk legacy could be changed. There will then not be a
    President willing to veto laws that contradict this legacy. This would
    definitely lead to a worsening climate for religious freedom. The position
    for Sunni Muslims would improve, while for Alevis the situation would
    remain as restrictive as it is now. Despite the religious differences with
    the majority population, the Sunnis are still seen as Turks. For other
    minorities - especially Christians - the situation would be worse.

    Government officials sympathetic to the ideal of secularism - and
    secularists more widely - are growing increasingly concerned. They fear
    that, if the AKP substantially increases its vote at the next election, it
    would be strong enough to change the Constitution - even against the wishes
    of the opposition. It could also install a President from its ranks, who
    would not then veto laws deemed to be part of an Islamist agenda, as the
    current President has done.

    Secularists in particular are afraid for the future. Turkish diplomats -
    who are already concerned over the changing mood among state officials as
    an increasing number of AKP supporters fill official positions - are very
    afraid of a fundamental change in the country's course. Many believe any
    sweeping AKP victory in the next national elections would speed up the
    replacement of state officials with AKP loyalists.

    The old establishment is seeking to build up political forces attractive
    to the electorate, in a last-ditch bid to head off the AKP challenge.
    However, it remains unclear if the electorate will back them. Voters threw
    out the old establishment in disgust at its corruption and ineffectiveness.
    The AKP has been careful to be on its best behaviour during its current
    period in office.

    Although there is much talk of a military coup in the event of such
    fundamental changes, no-one knows if the majority of army officers still
    support Ataturk-defined secularism - or if they would be prepared to back
    such an anti-Islamist coup.

    Prospects for EU Accession

    The level of optimism or pessimism over the future depends on who you talk
    to. Western-oriented Turks still hope EU accession negotiations will
    continue and that Turkey will eventually join the EU. They hope
    desperately that the process will generate its own momentum that would
    force the government, the administration and the army to look forward and
    support reforms. This could happen, but it looks unlikely.

    As the general election looms, the government is doing nothing that could
    be seen as a positive step towards the reforms the EU would welcome.

    Many observers are not optimistic. They do not believe the Turkish side -
    whether the current AKP government or the "deep state" - is interested in
    seeing such reforms. Many Turks have not even understood what religious
    freedom - for example as defined in the rights set out in Article 9 of the
    European Convention on Human Rights (ECHR) - actually means (see F18News 13
    December <http://www.forum18.org/Archive.php?article_id= 704>). Or they
    understand it - but reject it. Turkey ratified the ECHR in 1954, but over
    50 years later has yet to abide by it.

    Ataturkists fear that granting religious freedom as outlined in the
    Convention would give power to the Islamists. Yet Paragraph 2 of the
    ECHR's Article 9 prevents the abuse of religious freedom by freedom's
    enemies. This states that "freedom to manifest one's religion or beliefs
    shall be subject only to such limitations as are prescribed by law and are
    necessary in a democratic society in the interests of public safety, for
    the protection of public order, health or morals, or for the protection of
    the rights and freedoms of others." Indeed, Article 9 would safeguard a
    real separation of religion and the state, as the Ataturkists claim to
    want.

    This fear is also felt on the EU side, which means that it too is
    increasingly reluctant to clearly advocate religious freedom along the
    lines of the ECHR. EU governments also fear such rights would open the
    doors to Turkey's Islamist groups. Although EU officials involved in the
    accession process are interested in seeing religious freedom promoted
    properly - indeed, they regard it as the second most important issue after
    recognition of Cyprus - they seem to know that this is seen as a political
    issue which is over their heads.

    Many believe the accession negotiations will fail this autumn, not over
    democratisation and human rights, but over the Turkish government's
    refusal to recognise the government of Cyprus in Nicosia. Many Turks would
    not be unhappy at this. Yet if the EU suspends the accession negotiations,
    the Turks will feel insulted and spurned by Europe. Some believe the
    European Commission is therefore trying to manoeuvre to find a way for
    Turkey itself to suspend the negotiations.

    Possible Impact on Religious Freedom

    Yet any suspension will have a very negative impact on religious freedom -
    indeed, the position for religious minorities could end up being worse than
    when the negotiations started. Suspension would incite nationalist feelings
    and many Turks would openly say that the negotiations and even membership
    of the EU itself would not benefit Turkey. Then a hunt would begin for
    those who had caused the mess. Most Turks would not point to their own
    government but to the Ecumenical Patriarchate, the Armenian Patriarchate,
    the Catholic Church, the Protestants, and other obvious symbols of the
    outside world.

    The only hope many can see for progress towards religious freedom is that
    the EU accession negotiations continue. If EU negotiations stop
    completely, no hope for religious freedom will remain. Yet even if the
    negotiations stagger on, it is doubtful that the majority of the
    population is prepared to change its attitude to nationalism and religion,
    and even consider accepting Alevis and non-Muslim Turks as full Turkish
    citizens. The only other possible hope is that the reform process will
    gather its own momentum independent of the EU. However, at present, there
    is little sign of this happening. (END)

    - Dr Otmar Oehring, head of the human rights office of Missio
    <http://www.missio-aachen.de/menschen-ku lturen/themen/menschenrechte>, a
    Catholic charity based in Germany, contributed this comment to Forum 18
    News Service. Commentaries are personal views and do not necessarily
    represent the views of F18News or Forum 18.

    For further overviews by Dr Oehring of religious freedom in Turkey, and of
    the need for fundamental reform of the Constitution, see
    <http://www.forum18.org/Analyses.php?region =68>.

    For commentaries by the Anglican Chaplain in Istanbul on the roots of
    Turkey's attitude to religious freedom see
    <http://www.forum18.org/Archive.php?article _id=716>, and on Turkish
    society's reaction to the murder of Roman Catholic priest Fr Andrea
    Santoro, see <http://www.forum18.org/Archive.php?article_id= 724>.

    For a personal commentary on religious freedom under Islam, see
    <http://www.forum18.org/Archive.php?article _id=227>

    For a personal commentary assessing western European "headscarf laws", see
    <http://www.forum18.org/Archive.php?article _id=469>

    A printer-friendly map of Turkey is available at
    <http://www.nationalgeographic.com/xpedition s/atlas/index.html?Parent=mideast&Rootmap=turk ey>
    (END)

    © Forum 18 News Service. All rights reserved. ISSN 1504-2855
    You may reproduce or quote this article provided that credit is given to
    F18News http://www.forum18.org/

    Past and current Forum 18 information can be found at
    http://www.forum18.org/
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