Tweet
MINORITY COMMUNITY GRANTED AUTHORITY OVER FOUNDATIONS
Today's Zaman, Turkey
Nov 15 2011
Turkey's Directorate General for Foundations (VGM) has accepted an
application to open a foundation filed by the Beyoglu Central Greek
High School, making the foundation the first non-Muslim minority
foundation established in the country in 88 years.
Under the 1923 Treaty of Lausanne, signed between Turkey and six other
states following the Turkish War of Independence, 162 non-Muslim
foundations were allowed. The Beyoglu Central Greek High School
becomes the 163rd faith-based foundation in Turkey, and the first
one established after the signing of Lausanne, raising hopes that
new Jewish and Armenian foundations could be next.
VGM President Adnan Ertem in an interview with Today's Zaman
noted that organizations of non-religious communities were given
"foundation" status by the Treaty of Lausanne. He said three
foundations were excluded at the time due to a legal technicality,
adding that the recent decision to grant the Beyoglu Central Greek
High School foundation status had solved the problem, saying the two
other foundations -- one a Jewish and one an Armenian organization --
would now be able to get foundation status. This will bring the total
number of non-Muslim minority foundations in Turkey to 165.
The rights of minorities in Turkey were guaranteed by the Treaty of
Lausanne. Minorities in Turkish law, based on the treaty, are defined
as non-Muslim communities. In 1935 Turkey adopted its current Law
on Foundations, and in 1936 asked its minority groups to declare
their assets. Those who gave declarations are considered non-Muslim
communities, and their organizations have been given foundation
status. This allows them to enjoy the privilege of registering all
facilities they listed in their declarations in 1936 as their own
property, regardless of the name of the person on the original deed.
Shortly, the declarations gave them the opportunity to enter their
property into the national deed registry.
But as Ertem explains, the three foundations, which were not given
foundation status by the Treaty of Lausanne, were not recognized as
foundations or registered despite having turned in declarations in
1936. These communities were recognized as legal persons, but not as
foundations. The directorate's latest decision solves this problem,
which will allow them to register their immobile assets.
"In the next stage, we will evaluate the situation of the two
foundations that belong to Jewish and Armenian groups. These two are
also communities accepted as communities that have traditionally
settled in Turkey. For this reason, we see no problem at all in
transforming the status of any immobile property registered under
these communities' organizations to that of a foundation."
He said there were objections to this approach, but noted that the
directorate's main criterion was the long-time presence of these
communities, adding that all three communities were recognized
as minorities under Lausanne. "It is out of the question for those
groups that don't have a long-term presence in Turkey to be granted
legal personality or given foundation status."
Ertem also noted that according to a law passed in August that returns
some of the immobile property confiscated from non-Muslim groups,
they expect to see about 700 applications. Since the law was passed
in August, only the Galata Greek Foundation has applied to get back
one immobile property item, but said they expected the total to be 700.
"There were 347 items of property that we had earlier refused to
return. We will now return them all, but there are other edifices that
they claim belong to them but fail to present any documentation. For
example, they say there was a store in Fatih, without presenting any
address or deeds. We cannot take such applications into consideration
for review."
From: Baghdasarian
Today's Zaman, Turkey
Nov 15 2011
Turkey's Directorate General for Foundations (VGM) has accepted an
application to open a foundation filed by the Beyoglu Central Greek
High School, making the foundation the first non-Muslim minority
foundation established in the country in 88 years.
Under the 1923 Treaty of Lausanne, signed between Turkey and six other
states following the Turkish War of Independence, 162 non-Muslim
foundations were allowed. The Beyoglu Central Greek High School
becomes the 163rd faith-based foundation in Turkey, and the first
one established after the signing of Lausanne, raising hopes that
new Jewish and Armenian foundations could be next.
VGM President Adnan Ertem in an interview with Today's Zaman
noted that organizations of non-religious communities were given
"foundation" status by the Treaty of Lausanne. He said three
foundations were excluded at the time due to a legal technicality,
adding that the recent decision to grant the Beyoglu Central Greek
High School foundation status had solved the problem, saying the two
other foundations -- one a Jewish and one an Armenian organization --
would now be able to get foundation status. This will bring the total
number of non-Muslim minority foundations in Turkey to 165.
The rights of minorities in Turkey were guaranteed by the Treaty of
Lausanne. Minorities in Turkish law, based on the treaty, are defined
as non-Muslim communities. In 1935 Turkey adopted its current Law
on Foundations, and in 1936 asked its minority groups to declare
their assets. Those who gave declarations are considered non-Muslim
communities, and their organizations have been given foundation
status. This allows them to enjoy the privilege of registering all
facilities they listed in their declarations in 1936 as their own
property, regardless of the name of the person on the original deed.
Shortly, the declarations gave them the opportunity to enter their
property into the national deed registry.
But as Ertem explains, the three foundations, which were not given
foundation status by the Treaty of Lausanne, were not recognized as
foundations or registered despite having turned in declarations in
1936. These communities were recognized as legal persons, but not as
foundations. The directorate's latest decision solves this problem,
which will allow them to register their immobile assets.
"In the next stage, we will evaluate the situation of the two
foundations that belong to Jewish and Armenian groups. These two are
also communities accepted as communities that have traditionally
settled in Turkey. For this reason, we see no problem at all in
transforming the status of any immobile property registered under
these communities' organizations to that of a foundation."
He said there were objections to this approach, but noted that the
directorate's main criterion was the long-time presence of these
communities, adding that all three communities were recognized
as minorities under Lausanne. "It is out of the question for those
groups that don't have a long-term presence in Turkey to be granted
legal personality or given foundation status."
Ertem also noted that according to a law passed in August that returns
some of the immobile property confiscated from non-Muslim groups,
they expect to see about 700 applications. Since the law was passed
in August, only the Galata Greek Foundation has applied to get back
one immobile property item, but said they expected the total to be 700.
"There were 347 items of property that we had earlier refused to
return. We will now return them all, but there are other edifices that
they claim belong to them but fail to present any documentation. For
example, they say there was a store in Fatih, without presenting any
address or deeds. We cannot take such applications into consideration
for review."
From: Baghdasarian