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  • TURKEY: Is There Religious Freedom In Turkey?

    TURKEY: IS THERE RELIGIOUS FREEDOM IN TURKEY?
    By Dr. Otmar Oehring, head of the human rights office of Missio

    Forum 18, Norway
    Oct 12 2005

    The European Union (EU) must make full religious freedom for all a
    core demand in the EU membership negotiations with Turkey which have
    just begun, argues Otmar Oehring of the German Catholic charity Missio
    http://www.missio-aachen.de/menschen-kulturen/themen/menschenrechte
    in this personal commentary for Forum 18 News Service
    http://www.forum18.org. Dr Oehring also calls for people inside and
    outside Turkey who believe in religious freedom for all to honestly
    and openly raise the continuing obstructions to the religious life of
    Turkey's Muslim, Christian and other religious communities. He analyses
    the limited, complex and changing state of religious freedom in the
    country. In particular, he notes that Christians of all confessions,
    devout Muslim women, Muslim minorities, and other minority religions
    face official obstacles in practicing their faith and (in the case
    of non-Muslims) strong social hostility.

    Go to any mosque or church in Turkey and you will see people
    worshipping. So clearly some religious freedom exists. Yet serious
    problems persist. Religious communities are not allowed to organise
    themselves as they choose. Individual religious freedom exists up to
    a point. For example, you are entitled by law to change your religion
    and to have the change recorded on your identity documents, but people
    who have done so have faced hostility from fellow-citizens. As soon as
    a religious community wants to organise itself, problems arise. This
    holds just as much for Muslims as for communities of other faiths.

    Although many Turks dislike the term "State Islam", it has to be
    stated that Islam is organised by the state. Sunnis who consider
    this an unacceptable innovation are not allowed to organise. Although
    Sufi orders exist, some even with a vast membership, they have been
    officially forbidden banned since the 1920s.

    The main problem religious communities identify is their lack of
    legal status as religious communities. In the late Ottoman period
    some religious minorities had legal status under the millet system,
    but the Islamic community had no separate legal status as the state
    was considered to be Islamic. But since the founding of the Turkish
    republic, any such status has disappeared. Some Muslims are concerned
    about this lack of legal status, especially minority Muslim groups
    within the dominant Sunni majority, as well as the Alevis, Shias and
    the Sufi orders. But few Muslims are prepared to voice their demands
    for legal status openly, for fear of imprisonment, although in recent
    years the Alevis have become more vocal. This has led to their gaining
    some recognition as associations, though not as religious bodies.

    Religious meetings and services without authorisation remain illegal,
    though it remains unclear in law what constitutes legal and illegal
    worship. The Ottoman millet system recognised some religious
    minorities and the 1923 Lausanne Treaty spoke vaguely of religious
    minority rights without naming them, but the Turkish authorities
    interpret this to exclude communities such as the Roman Catholics,
    Syriac Orthodox and Lutherans, even though these communities have
    found ways to function. Protestant Christian churches functioning
    quietly in non-recognised buildings are generally tolerated, but
    Muslims gathering outside an approved mosque are viewed as a threat
    to the state and police will raid them.

    It is not possible for most Protestant Christian churches to be
    recognised as churches under current Turkish law. But in one bizarre
    case, a German Christian church was recognised in Antalya, but
    only by calling itself a "chapel" not a "church." Most Evangelical
    Protestant churches in Turkey do not meet in private homes, but in
    rented facilities such as office buildings or other non-residential
    buildings. These can be fairly large.

    The Law on Associations - adopted by Parliament in October 2004 -
    does not allow the founding of associations with a religious purpose,
    so founding a religious discussion group or even a religious freedom
    group is impossible, even if some religious communities do try to
    register as associations. Some Sufi orders and new Islamic movements
    have registered as businesses, even with religious names.

    However, the government has changed the building planning laws,
    replacing the word "mosque" with "place of worship". The government
    indicated to Protestant churches that individuals cannot ask for
    buildings to be designated as a place of worship, but individual
    congregations should try to get recognition as a legal personality
    first (as a "Dernek" or society) and then try to get their meeting
    place designated as a place of worship. At least two Protestant
    churches are now trying this route.

    There are currently two Protestant churches that are legally recognised
    by the Turkish state, one of which is in Istanbul. It was recognised
    as a "Vakf" (charitable foundation) several years ago, after a
    long court battle, making it a legal entity. Several weeks ago,
    they finally had their building officially designated as a place of
    worship. The second example is the Protestant church in Diyarbakir,
    which has legal recognition as a house of worship under the Ministry
    of Culture, as a heritage site.

    Religious education remains tightly controlled. In law such education
    must be carried out by the state, although in practice Christian
    churches - Armenian Apostolic, Orthodox, Catholic and Protestant - have
    been able to provide catechetical training to their children on church
    premises. The state turns a blind eye to this. But Koranic courses are
    different. Officially they should take place only under the guidance of
    the state, yet some 6,000 such courses are widely spoken of as existing
    clandestinely. Many officials and police officers have good contacts
    with them, while many senior officials and parliamentarians have been
    members of Sufi orders which officially do not exist or are forbidden.

    It is generally impossible to found higher education establishments
    for Muslims, Christians and others. The Armenian Apostolic and the
    Greek Orthodox seminaries were closed down in the 1970s and the
    government has resisted all attempts to reopen them. Protestants
    cannot normally establish Bible colleges. However, an Evangelical
    Bible college functions in Selcuk; it is not government recognised and
    accredited, but it has been providing theological training for several
    years. Christian clergy and pastors mostly have to train abroad. Alevi
    Muslims do not tend to demand religious colleges, as they are led
    not by imams but by elders who are initiated by other elders.

    The Law on Construction - which came into force into July 2003 -
    makes it possible to "establish" places of worship. But the law -
    probably deliberately - does not define if this means "build", "rent"
    or "buy". Protestant churches face problems trying to build. Any
    community wishing to build a place of worship officially can do so in
    an area with a minimum number of adherents of their faith - but the
    state decides if the community has enough members to get the land it
    needs. There is no authoritative definition of how the law should
    be interpreted. The Justice Minister said recently that religious
    communities intending to establish a place of worship should apply, but
    how can religious communities apply if officially they cannot exist?

    Government officials do not want to acknowledge that Alevi Muslims
    cannot officially establish places of worship. The government is
    building Sunni mosques in many Alevi villages, but Alevis will not
    go to them. Instead they meet openly for worship in cemevis (meeting
    houses), not only in central Anatolia but even in Istanbul. The
    government stated in parliament in 2004 that such Alevi cemevis are
    not to be considered as places of worship. Although many of them
    still function unimpeded, some have been closed down in recent years.

    Conversion from one faith to another is possible, even from Islam,
    under the law on personal status (though you cannot be listed
    officially as an atheist or agnostic). If you convert from Islam
    you can change your faith on your identity papers, but being Muslim
    on your identity card makes day-to-day life easier. Christians,
    Baha'is or Jehovah's Witnesses are often unable to find employment,
    especially in rural areas. So many who have converted from Islam
    to another faith prefer to leave their religious designation on
    their identity papers unchanged. According to information given by
    the Minister of State in charge of Religious Affairs this autumn,
    during the last ten years fewer than 400 people officially converted
    to Christianity and only about 10 to Judaism.

    Islam is controlled by the Presidency of Religious Affairs, or
    Diyanet http://www.diyanet.gov.tr/english/tanitim.asp?id=3, which
    is directed from the Prime Minister's office. This was deliberately
    established not as a government ministry, as Turkey claims to be a
    secular state. Some Muslims do object to this state control, especially
    those from newer groups, such as the Nurcu movement, the Suleymanci,
    followers of Fethullah Gulen, and members of Sufi orders.

    Some religious communities can officially invite foreign religious
    workers. The Catholics can under the 1923 Lausanne Treaty invite
    foreign priests up to a certain number, though even then the
    government makes this difficult, asking why the Church needs so many
    priests when there are so few Catholics. It is more difficult for
    Protestant communities, as officially they do not exist as religious
    communities. Foreign religious workers who come to Turkey under
    some other guise can face problems, if the government finds out
    about them. As long as the state does not have to know about their
    activity they can function, but as soon as the state is forced to take
    official notice of them, they can face problems. The government knows
    about most, if not all, Protestant missionaries, because these made a
    conscious decision to be open about what they are doing. Occasionally
    they experience some problems but - with occasional exceptions -
    the government merely monitors what they do, leaving them otherwise
    undisturbed.

    All religious communities are under state surveillance, with religious
    minorities facing the closest scrutiny. Christian leaders know they
    are listened in to and their telephones are tapped. The Ecumenical
    Patriarch states that "walls have ears," even when speaking within
    his own Patriarchate in the Fener district of Istanbul. Police visit
    individual Christian churches to ask who attends, which foreigners
    have visited, what they discussed. They are particularly interested
    in which Turkish citizens attend.

    Are such visits a threat, or do the intelligence agencies just want
    to know what is going on? When the police attend Catholic services
    in Ankara, they say they are there to protect Christians. From my
    conversations with church members, I'm sure this is not true.

    When secularism was proclaimed as a guiding state principle in line
    with French laïcite it was sincerely meant. Kemal Ataturk and his
    followers aimed to crush Islam. Later on, officials understood that
    society was not willing to follow this line. Slowly, Islam returned
    to schools and other areas of life. Now Turkey is a Sunni Muslim
    state. All those whose mother tongue is Turkish and are Sunni
    Muslims are considered Turks. Alevis, Kurds, Christians and all
    other minorities are not considered Turks - they are considered
    as foreigners.

    The furore over headscarves - a genuine concern to devout Muslim women
    - was exploited as a political issue by Islamist parties, eager to
    demonstrate their opposition to the military authorities which had
    banned Islamic dress after the 1980 coup. Had there been no headscarf
    ban, there would have been no problem. This point was illustrated by
    the case of a non-political devout Muslim, Leyla Sahin. She was barred
    from wearing a headscarf in Istanbul University in her fifth year
    of medical studies and subsequently successfully completed medical
    studies at Vienna University in Austria. This disturbing ban - which
    de jure bars devout Muslim women from universities - is currently
    under consideration by a Grand Chamber of the European Court of Human
    Rights (ECHR). (See http://www.strasbourgconference.org for more on
    this and other ECHR cases.)

    In rural Sunni areas women have always worn headscarves - though not
    the type seen in Iran or Saudi Arabia - which some women have tried to
    wear in towns. In some cases, supporters of the Refah (Welfare) party
    and others have paid women to wear such scarves. Even nationalist
    politicians say that if women are free to choose whether to wear a
    headscarf or not, many who have worn them for political reasons would
    no longer wish to do so.

    Societal opposition to minorities of all sorts does impact on
    religious freedom. Such social pressure is felt most keenly among
    the poor. Members of the urban middle class who convert from Islam to
    other faiths can freely practise their new faith. In Izmir a Christian
    church exists where many young converts of university background
    attend unchallenged. But openly converting to and practising a
    non-Islamic faith is often impossible in poor neighbourhoods. In former
    Armenian-populated areas of Anatolia - where there are also people of
    Syriac descent - many families changed their formal identification to
    Muslims, but did not convert in reality. Their attempts to practise
    Christianity face enormous obstacles unless they move to Istanbul or
    even to Ankara. Back in these towns and villages are no Christian
    churches, so anyone wanting to meet for Christian worship could be
    dragged off to the police or suffer beatings.

    One former Interior Minister stated that Christians should only
    conduct missionary activity among such people of Christian descent.

    He estimated the numbers of such people at between 800,000 and three
    million people.

    You have to be very courageous to set up a Protestant church in remote
    areas, as pastor Ahmet Guvener found in Diyarbakir. Problems can come
    from neighbours and from the authorities. Even if not working hand
    in hand, neighbours and officials share the same hostility. They
    cannot understand why anyone would convert to Christianity. People
    are not upset seeing old Christian churches - Syriac Orthodox and
    other Christian churches have always existed in Anatolia - but seeing
    a new Protestant church, even when housed in a shop or private flat,
    arouses hostility.

    Officials vary in their attitudes. The Kemalist bureaucracy follows
    Ataturk's secularist line and is against anything religious. There
    is a nationalist, chauvinistic wing of officialdom which believes
    that anything not Turkish is a threat to be countered. The security
    and intelligence services, including the powerful military, are both
    Kemalist and nationalist. Anyone considered not to be Turkish and not
    Sunni Muslim faces problems. Even Sunni Muslim Kurds are excluded,
    while Alevi Kurds are regarded as even worse.

    It is very difficult to imagine that in the next decade or so Turkish
    society will change to allow full religious freedom. To take one
    example, for the change to be conceivable the chauvinistic content of
    primary and secondary school education - constant praise of Ataturk,
    Turkey and all things Turkish - will have to change. Unless this
    happens, it is very hard to imagine Turkey evolving into an open
    society that is truly ready to accept European Union (EU) human rights
    requirements. One non-religious illustration of the lack of openness
    in Turkish society is the near impossibility of free discussion of
    the genocide of 1.5 million Armenians and Assyrians in the last years
    of the Ottoman empire, along with continued official denial that the
    genocide took place.

    Christian churches have welcomed the prospect of Turkish EU accession,
    often due to their own communities' experience and hopes.

    If negotiations last for more than a few years some improvements
    for religious minorities - including Islamic minorities - might
    be possible.

    Sadly, there appears to be not enough interest among diplomats in
    Ankara from EU member states - or in their foreign ministries back
    home - in promoting religious freedom in Turkey. The EU has forced the
    Turkish government to change the Law on Foundations. This law governs
    inter alia community foundations (cemaat vakiflar) that act as the
    owners of the real estate of Armenians, Bulgarians, Greeks and Jews,
    who are treated by the government as minorities within the meaning
    of the Treaty of Lausanne as well as some of the properties of the
    Chaldean Catholic, Syrian Catholic and Syrian Orthodox Christians,
    who are not treated by the government as minorities within the meaning
    of the Treaty of Lausanne. But reforms will have to go much deeper
    for Turkey to meet the EU's stated 'Copenhagen criteria' of being "a
    stable democracy, respecting human rights, the rule of law, and the
    protection of minorities." The EU must make full religious freedom
    for all, including for Muslims, a core demand.

    Full religious freedom would bring with it an increase in the
    influence of Islam, which some think would endanger the western
    orientation of Turkey. Possibly this is the reason that the EU has
    not pushed Turkey harder on religious freedom. However, it is unwise
    to see the relationship with Turkey through such "war-against-terror
    spectacles." It is vital for the future of Turkey that full religious
    freedom be a core demand, so that Turkish democracy can be strengthened
    to the point that it can in democratic ways cope with the hostility
    of some Islamic groups.

    With so little apparent interest in pushing for full religious freedom
    from within the EU, local religious communities within Turkey will have
    to take the lead. They are starting to challenge the denial of their
    rights through the courts. Protestant Christians have been doing this
    for almost 10 years, usually with success. The Ecumenical Patriarchate,
    however, has failed to regain a former orphanage it ran on an island
    near Istanbul through the High Court in Ankara. It is now taking
    the case to the European Court of Human Rights (ECHR) in Strasbourg,
    to which Turkey is subject as a member of the Council of Europe. I
    believe this is the right way for such communities to defend their
    rights and others are already following. The Alevi Muslims have told
    the government that, if they continue to be denied religious education
    in state schools to their children according to their own teaching,
    they too will go to the ECHR. Denial of legal status to religious
    communities is another possible ECHR case.

    The most important thing is to put religious freedom on the agenda
    and talk openly of the problems with full knowledge of the nuances
    and complexities of the situation.

    It is important to challenge Turkey's restrictions on religious freedom
    using Article 9 of the European Convention on Human Rights, which
    Turkey signed in 1954. This article guarantees "freedom of thought,
    conscience and religion; this right includes freedom to change his
    religion or belief, and freedom, either alone or in community with
    others and in public or private, to manifest his religion or belief,
    in worship, teaching, practice and observance."

    This should be the basis for all discussion of religious freedom,
    not the 1923 Lausanne Treaty, with its highly restrictive approach
    to religious freedom.

    Turkish religious communities will have to speak more on the importance
    of religious freedom to the outside world, though they will have to
    be wise in the way they do this. Religious minority leaders are in a
    difficult situation: they believe that they have to argue in favour
    of negotiations on EU membership, however sceptical they might be
    about how ready Turkish society is to make the necessary changes.

    Foreign churches and religious communities should be talking to
    their own governments, to press them to promote religious freedom in
    Turkey. They will have to convince them they are not simply advocating
    greater rights for their co-religionists but truly advocate religious
    freedom for all in Turkey, including Muslims.

    The big question remains: do the Turkish government and people have
    the will to allow full religious freedom for all? The Turkish media
    speculates that the current government might not be in favour of EU
    membership, but is merely using this as a way to introduce domestic
    developments to achieve Islamist aims. The suggestion put forward
    in the media is that, if democracy develops, the military will be
    prevented from mounting a coup and so there will no longer be any
    obstacle to Islamist aims.

    Whether or not this media speculation reflects reality, all those who
    believe in religious freedom in Turkey - both within the country and
    abroad - must keep the issue on the domestic and international agenda -
    and be honest about the continuing obstructions to religious life of
    Turkey's Muslim, Christian and other religious communities.

    (END)

    Dr Otmar Oehring, head of the human rights office at Missio
    http://www.missio-aachen.de/menschen-kulturen/themen/menschenrechte,
    a Catholic mission based in the German city of Aachen, contributed
    this comment to Forum 18 News Service. Commentaries are personal views
    and do not necessarily represent the views of F18News or Forum 18.

    http://www.forum18.org/Archive.php?article_id=670

    --Boundary_(ID_BHRrD6RhfzdLg3xSPX2hIw)--
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