Daily Sabah, Turkey
May 10 2014
REFORMS FOR IMPROVING MINORITY RIGHTS PICKED UP PACE AFTER 2010
Despite claims that reforms came to a halt after 2010, efforts to
improve minority and religious rights, while still incomplete, tackled
long-ignored issues key to progress
by Sena Alkan
Published : 10.05.2014 01:22:29
ISTANBUL — Over the past few years, Turkey has reinvigorated its
reformist image through amendments that set a precedent for the
country by reinstating the rights of ethnic minorities and religious
groups not only to improve the country’s democracy but also to heal
past wounds. Turkey’s history is marked by certain painful issues,
including the Armenian incident of 1915 in which Armenian people lost
their lives, the independent tribunals established soon after the
founding of the republic to prosecute certain religious authorities
and those against the system, and the long-standing Alevi sorrow over
the Dersim incident in 1938 in which a Turkish military campaign
crushed the Alevi uprising in response to the 1934 Resettlement law
that aimed to assimilate ethnic minorities. Despite a void waiting to
be filled in terms of rights and freedoms in the country, there are
fears that the democratization process that started expeditiously may
slow down. The years following 2010 were a period in which prospective
reforms and amendments to uphold the rights of minorities enhanced the
country’s image.
As part of the democratization process, a reform package adopted in
2013 was a major step to speed up the reform process and reinstate the
rights of minorities. The most significant outcome of the
democratization process was the reconciliation initiative that started
in 2013 between Ankara and the Kurds. The Kurdish issue has long been
considered the country’s open wound after the illegal terrorist
organization the PKK took up arms against Turkey with the aim of
carving out a separate state in the southeast.
To reinstate the rights of ethnic groups such as the Kurds, the
democratization package allows for education in mother tongue at
private schools and the use of languages other than Turkish for
political campaigning. According to the package, private schools are
allowed to teach in languages other than Turkish, enabling local
communities to have access to education in their mother tongue.
The law also allows former non-Turkish names of villages and
neighborhoods to be reinstated. The new legislation stipulates that
Turkish citizens can open private education institutions to provide
education in languages and dialects they traditionally use in their
daily lives on the condition that the schools are subject to the
provisions of the Private Educational Institutions Act and are
inspected by the Ministry of National Education.
Political parties and candidates will be able to campaign in languages
other than Turkish. Citizens will be also able to use the letters “q,”
“x” and “w” which do not appear in the Turkish alphabet. Land
belonging to the Mor Gabriel Monastery was reinstated to Assyrian
citizens as part of the new legislation. The hijab ban was abolished
to end discrimination against women who wear the headscarf and choose
to work in governmental bodies. This is an important step for the
protection of individual rights and freedoms in the spheres of freedom
of religion and conscience and anti-discrimination within the
framework of norms of the European Convention on Human Rights.
The 2014 democratization package that is accepted as a continuation of
the 2013 democratization process abolished the Specially Authorized
Courts (ÖYM) that were established in line with Article 10 of the
Counterterrorism Law. Binding rules in relation to audio and video
recordings have been applied to avoid audio files of third parties or
suspects being illegally leaked to news outlets. These amendments
against illegal recordings are expected to tackle the growing issue of
cyberbullying in Turkey where illegal recordings of political figures
are deliberately leaked to the media to tarnish both the image of the
government and specific authorities.
Another reform clause adopted by the Parliamentary Justice Commission
is the right to demand compensation to emphasize and secure the
confidentiality of procedures.
Those who violate the confidentiality of an investigation or a
person’s private life could face compensation charges in line with the
adopted amendments. In addition, as part of the efforts to prevent a
lengthy pre-trial detention, the maximum detention period was reduced
to five years from 10 years.
Amendments on primary and secondary education adopted in 2012
stipulate the adoption of the 12-year gradual compulsory education
system instead of the eight-year uninterrupted compulsory education
system.
In addition, the 12-year period was divided into three phases and high
school education was covered within the compulsory education period.
As part of the 2010 Turkish Constitutional Referendum in which a
number of amendments were approved by popular vote, significant
changes were made to the constitution. The Human Rights Committee was
established in 2010 to work on the improvement and protection of human
rights, to prevent violation thereof, to fight against torture and
maltreatment, to analyze complaints and applications and to follow up
on their results and take initiative regarding the solution of
problems.
On women’s rights, the referendum stipulated that measures for
positive discrimination in favor of women are not contrary to the
principle of equality. The law regarding the protection of families
and the prevention of violence against women was also enacted in 2012.
The purpose of the law is to regulate procedures and principles
regarding measures to protect women, children and family members who
are, or likely to be, exposed to violence, and individuals who are
exposed to incessant stalking and to prevent any attempts of violence
toward them.
As of 2012, local reverends (mele) in southern and southeastern Turkey
who received religious education are to be employed by the government
as religious officials.
Daily Sabah spoke to legal experts including academics and a
Parliament deputy about Turkey’s ongoing democratization process.
The main opposition Republican People’s Party (CHP) deputy, Aykan
Erdemir, echoed European Commissioner for Enlargement Stefan Fule’s
sentiments that Turkey’s democratization process has appeared to
regress.
Erdemir stated that the reason behind the regression is Turkey’s
backward steps, not apathy or a slowdown. He further pointed out that
the sustainability of the democratization process can only be ensured
through public accord and negotiations. Ali Murat Yel, an academic at
Marmara University, praised the country’s democratization process but
also touched on the deficiency of the process. Yel said the reform
package is brought to the table from time to time, but the main
necessity is not a package but a constitution, including reforms. “I
observed a deficiency in terms of adaptation of EU acquis. Turkey
needs to put EU acquis into practice without waiting for EU
membership,” said Yel, adding that the AK Party is the only party that
is able to take major steps toward democracy in Turkey but it needs to
accelerate this process.
Former Representative of the Turkish Minority Foundations Laki Vingas
commented on the democratization package in light of minority rights.
Vingas stated that packaging mentality while proposing reforms is a
deficiency in the process. Highlighting that covering required reforms
with a new constitution will be more useful, Vingas said, “Minorities
are satisfied with the packages to a certain extent, but there are
still expectations.
For example, hate speech was expected to be considered as a crime in
the package, but it was not. Religious freedom and freedom of
association are other issues waiting to be amended.” He further noted
that even though these amendments are made theoretically, they remain
insufficient in practice.
http://www.dailysabah.com/politics/2014/05/10/reforms-for-improving-minority-rights-picked-up-pace-after-2010