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MINORITY FOUNDATIONS TO RECEIVE COMPENSATION FOR PROPERTY
By Menekse Tokyay
Southeast European Times
http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/features/2011/09/06/feature-04
06/09/2011
The Turkish government has published a decree opening the way to
return hundreds of properties confiscated from religious minorities
since 1936.
Of nearly 74 million people in Turkey, less than 1% belong to religious
minorities. [Reuters]
According to the decree, published in the Official Gazette on
August 27th, minority foundations can reclaim property -- including
cemeteries, fountains, schools, hospitals and orphanages -- that they
have declared since 1936. Real estate that has been re-sold to third
parties will also be paid for after the current value is determined
by the Ministry of Finance.
"Like everyone else, we also know about the injustices that different
religious groups have been subjected to because of their differences,"
said Prime Minister Recep Tayyip Erdogan during a dinner he attended
with the representatives of Christian and Jewish foundations.
To reclaim their property, minority foundations must apply to Turkish
authorities within a year. Each application must be approved by
parliament, after which the property will be registered in the name
of the foundation by the registration office.
Coming on Monday (September 12th): a special webpage dedicated to
news and information from Turkey.
Pazartesi (12. Eylul) Turkiye ile ilgili ozel bir haber sitesi geliyor.
The Lausanne Treaty defines as minority Greek Orthodox, Armenian and
Jewish communities.
Turkey's Law on Foundations, adopted in 1936, ordered that all
foundations must submit a property declaration including all real
estate and other properties they possess, while in 1974, a separate
ruling by the Court of Cassation banned minority groups from purchasing
and registering any new property.
In 2008, parliament amended the Foundations Law, expanding the rights
of minority religious groups to acquire new property and recover
their confiscated property. However, "although 2008 amendments did
allow for the return of some of the properties, restrictions remained,
and the issue of properties sold to third parties was left unsolved,"
says Professor Armagan Cakir of Marmara University.
Armenian-Turkish journalist and Director of the Turkish Economic and
Social Studies Foundation (TESEV) Democratisation Programme Etyen
Mahcupyan, says the timing of this decree is important.
"First of all, the government took this decision before the upcoming
discussions on the new constitution, meaning it does not want to
leave this delicate question to be resolved within the constitutional
structure," he explained.
Erdogan has said he wants a constitution that is "free of the
democratic shames of the past: not exclusive but inclusive, not
alienating but embracing, not discriminating but integrating, and
not oppressive but liberating".
According to Mahcupyan, the ruling AKP wants to obtain civilian
control over the state structure and its ideology, most recently
reflected in changes in civilian-military relations.
"I believe that this decision was also a proactive move serving another
purpose: the AKP government tries to redefine 'Turkish citizenship'
in more liberal, civilian and modern terms -- which is mistakenly
interpreted as neo-Ottomanism by some," says Cakir.
As Ayhan Aktar of Bilgi University points out, "The early Republican
period of modern Turkey showed a state policy that wanted non-Muslims
to leave Turkey and, if possible, by leaving their property and goods
behind them." Therefore, the new decree can be seen in light of the
state redefining its relationship with religious minority groups.
The timing of this move also suggests a determination by the government
to meet demands of the EU, the European Court of Human Rights (ECHR)
and the US Congress, which have pressed the country in this direction
for decades.
According to the 2010 Progress Report for Turkey prepared by the
European Commission, the EU requires that the legal framework in
Turkey addresses cases of properties seized and sold to third parties,
emphasising the need for ensuring full respect of the property rights
of all non-Muslim religious communities.
If the government had not taken up the issue of minority properties
now, Aktar says, it would have left itself vulnerable to significant
compensation in cases that go before the ECHR.
Experts say the government's next step should be to re-establish the
reputations of minority groups' members who lost their citizenship,
including opening up the possibility of dual citizenship and passports.
By Menekse Tokyay
Southeast European Times
http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/features/2011/09/06/feature-04
06/09/2011
The Turkish government has published a decree opening the way to
return hundreds of properties confiscated from religious minorities
since 1936.
Of nearly 74 million people in Turkey, less than 1% belong to religious
minorities. [Reuters]
According to the decree, published in the Official Gazette on
August 27th, minority foundations can reclaim property -- including
cemeteries, fountains, schools, hospitals and orphanages -- that they
have declared since 1936. Real estate that has been re-sold to third
parties will also be paid for after the current value is determined
by the Ministry of Finance.
"Like everyone else, we also know about the injustices that different
religious groups have been subjected to because of their differences,"
said Prime Minister Recep Tayyip Erdogan during a dinner he attended
with the representatives of Christian and Jewish foundations.
To reclaim their property, minority foundations must apply to Turkish
authorities within a year. Each application must be approved by
parliament, after which the property will be registered in the name
of the foundation by the registration office.
Coming on Monday (September 12th): a special webpage dedicated to
news and information from Turkey.
Pazartesi (12. Eylul) Turkiye ile ilgili ozel bir haber sitesi geliyor.
The Lausanne Treaty defines as minority Greek Orthodox, Armenian and
Jewish communities.
Turkey's Law on Foundations, adopted in 1936, ordered that all
foundations must submit a property declaration including all real
estate and other properties they possess, while in 1974, a separate
ruling by the Court of Cassation banned minority groups from purchasing
and registering any new property.
In 2008, parliament amended the Foundations Law, expanding the rights
of minority religious groups to acquire new property and recover
their confiscated property. However, "although 2008 amendments did
allow for the return of some of the properties, restrictions remained,
and the issue of properties sold to third parties was left unsolved,"
says Professor Armagan Cakir of Marmara University.
Armenian-Turkish journalist and Director of the Turkish Economic and
Social Studies Foundation (TESEV) Democratisation Programme Etyen
Mahcupyan, says the timing of this decree is important.
"First of all, the government took this decision before the upcoming
discussions on the new constitution, meaning it does not want to
leave this delicate question to be resolved within the constitutional
structure," he explained.
Erdogan has said he wants a constitution that is "free of the
democratic shames of the past: not exclusive but inclusive, not
alienating but embracing, not discriminating but integrating, and
not oppressive but liberating".
According to Mahcupyan, the ruling AKP wants to obtain civilian
control over the state structure and its ideology, most recently
reflected in changes in civilian-military relations.
"I believe that this decision was also a proactive move serving another
purpose: the AKP government tries to redefine 'Turkish citizenship'
in more liberal, civilian and modern terms -- which is mistakenly
interpreted as neo-Ottomanism by some," says Cakir.
As Ayhan Aktar of Bilgi University points out, "The early Republican
period of modern Turkey showed a state policy that wanted non-Muslims
to leave Turkey and, if possible, by leaving their property and goods
behind them." Therefore, the new decree can be seen in light of the
state redefining its relationship with religious minority groups.
The timing of this move also suggests a determination by the government
to meet demands of the EU, the European Court of Human Rights (ECHR)
and the US Congress, which have pressed the country in this direction
for decades.
According to the 2010 Progress Report for Turkey prepared by the
European Commission, the EU requires that the legal framework in
Turkey addresses cases of properties seized and sold to third parties,
emphasising the need for ensuring full respect of the property rights
of all non-Muslim religious communities.
If the government had not taken up the issue of minority properties
now, Aktar says, it would have left itself vulnerable to significant
compensation in cases that go before the ECHR.
Experts say the government's next step should be to re-establish the
reputations of minority groups' members who lost their citizenship,
including opening up the possibility of dual citizenship and passports.