HUMAN RIGHTS ARE NOT PROTECTED BY TURKEY’S CONSTITUTION
By Dana Swartz
Kurdish Media, UK
Nov 5 2006
It is important to remember that although Turkey is considered a
democratic nation, its government is still controlled by the military
regime. The Turkish Constitution, while an attempt to show democracy,
allows for the violation of Human Rights towards the minorities that
live in Turkey. This is proven everyday, when the Turkish government
still attempts to deny the Armenian Genocide, and allows its military
to continue to harass and murder innocent Kurds. Turkey claims that
if Kurds, Armenians, or other minorities are allowed to have their
identity it will destroy the republic. Well the United States, as
you can read from its name, is the unity of 50 states, territories,
and home to thousands of immigrants that are still arriving every year.
Other Western nations also have immigrants who are recognized for
their individuality, ethnic traditions, cultures, and languages,
yet these nations are not destroyed.
So, how can allowing the minorities in Turkey to be seen as distinct
ethnic groups weaken Turkey? One has only to look at history to see
that trying to change or assimilate a group of people, only leads to
civil wars, deep hatred, and horrible atrocities to life. In addition,
the laws that are made using the Turkish Constitution should apply
to every citizen residing within Turkey’s boarders, not just certain
groups of people.
Even though little changes have been made to the Constitution, these
changes have not occurred in real life. Human Rights abuses are still
occurring everyday, in direct violation, of the two greatest democratic
organizations in the world, the United Nations and the European Union.
Hitler was forcibly removed from power for his atrocities towards the
Jews. The Khmer Rouge was tried over the ethnic cleansing in Cambodia.
Saddam Hussein and his Ba’th regime were removed from power by
democratic forces for his government’s policy of genocide towards
Kurds. When will Turkey be punished for its attempts to annihilate
its own minority populations by hiding behind a Constitution that is
legally and morally wrong?
Who are the Kurds?
Today, approximately 40 million Kurds make up the largest ethnic
group of people without a recognized country. The Kurds live in the
mountainous areas in southeast and east of Turkey, northwest of Iran,
north of Iraq, and northeast of Syria. The Kurdish people can claim
their heritage back to Ancient Mesopotamia. The mountainous regions
they live in are harsh areas, which few people could live in and
prosper; however the Kurds made it their home and have lived there for
thousands of years. The major mountain regions they live in are the
Taurus, Zagros, and Elburz Mountains. The Tigris and Euphrates rivers
are the major source of water, not only for the mountains, but also for
much of the Middle East. The Kurds are agricultural: raising sheep,
goats, and cereals, such as wheat, barley, and oats. Another major
crop of the Kurds is tobacco. Some of the finest "Turkish tobacco"
is grown in the land of the Kurds. Kurds belong to clans, which are
part of a tribe. The clans make up the immediate family groups, while
the tribe makes up the extended family. Kurdish people are fiercely
loyal to their family, clan, and tribe. (About the Kurds, History &
Hemin Shekhani).
Another important aspect of Kurdish life is the language that they
speak.
Kurdish language is in the Indo-European family of languages. Kurdish
is broken up into four main dialects, Kurmanci (60%), Sorani (25%),
Zazaki (10%), and Gorani (5%), with many smaller sub-dialects.
According to Kemal Burkay, "Kurdish is a lively and rich language
that has managed to survive despite all the oppression and bans to
which is has been exposed." (Kurdistan’s Homepage, Para 3). Kurdish
is considered one of the few surviving original languages of the
Mesopotamian people. Because the Kurdish language is so rich and
vibrant, it has created beautiful traditions using songs and poetry.
Before 1991, Kurds were not even allowed to speak their language in
the privacy of their homes without fear of being arrested, or worse,
killed. Since 1991, Kurds are now allowed to speak the Kurdish language
inside their homes, but it is still illegal to write, read or teach the
language. Today more than half of all Kurds living in Turkey cannot
read or write Kurdish because of Turkey’s brutal Constitutional laws
concerning the language. In Turkey if minorities speak their "mother
language" they are branded as traitors, terrorist, and enemies of
the state.
The country known as Kurdistan by the Kurds includes land from Turkey,
Iran, Iraq, Syria, and small parts of Russia. According to census
reports, approximately 50% of all Kurds live in Turkey, with smaller
percentages living in the other areas of Kurdistan. After World War I,
Kurds were promised a separate and independent country-state, in the
Treaty of Servres, but then England and France, decide to divvy up
the land and not give the Kurds their independence. "The Treaty of
Lausanne formalized this division."
(About the Kurds, History, Para 15). Since this time, Kurds all
over the world have clamored for their rights of culture, language,
traditions, and autonomy. But most importantly, the Kurds have asked
to be recognized as a distinct people.
Quoting directly from Hemin Shekhani’s website, "the Turkish government
also passed various laws forbidding the use of the Kurdish language and
imposing other restrictions on manifestations of Kurdish nationalism.
Although all Turkish Kurds possess full Turkish citizenship and
millions of Kurds have assimilated into Turkish society, relations
between Kurds and the Turkish government continue to be strained."
(Hemin Shekhani, History of Kurdistan). Kurds in Turkey, for the
last 80 years, were forced to be assimilated into Turks. By this,
the Republic of Turkey has denied the existence of Kurds, their
language, culture, ethnicity, and traditions. Since the 1980’s Kurds
"have waged a war of national liberation" against Turkeys governmental
and military attempts to suppress all signs of Kurdish identity. (The
Kurds & the Future of Turkey, Page 21). The Turkish government has
been exceptionally harsh and repressive to its Kurdish population.
The Washington Post stated in an article, "Turkish government, which
tried to deprive them [the Kurds] of Kurdish identity by designating
them "Mountain Turks, outlawing their language and forbidding them
to wear traditional Kurdish costumes in the cities. The government
also encouraged the migration of Kurds to the cities to dilute
the population in the uplands. Turkey continues its policy of not
recognizing the Kurds as a minority group." (Washington Post. Para 4).
"The Kurds have been subjugated by neighboring peoples for most of
their history. In modern times, Kurds have tried to set up independent
states in Iran, Iraq and Turkey, but their efforts have been crushed
every time." (Washington Post, Background: The Kurds Inset). While
many Kurds want a separate and recognized state called Kurdistan, much
could be settle peaceable if Kurds were allowed their identity. Forcing
a people to abandon their culture, traditions, language, music, and
other ideals that make them unique, is cultural genocide. Basic Human
rights are what each of us, as individuals require, so why deny the
Kurds these same rights?
Why should the Kurds be treated separately from any other ethnic
group in the world? Kurds deserve to be recognized, allowed the
freedom of identity, and the right to be the unique people that they
are. Turkey’s Constitution grants the right that all individuals should
be allowed their identity so why are they killing Kurds for saying
"I am a Kurd!" This is not freedom this is murder, this is genocide!
The physical, linguistic, and cultural genocide committed by
Turkey against the Kurds is treated with silence and/or considered
controversial.
The status of the Turkish government in denying their actions has
created pressure on the United States and other Western Nations
governments, universities, and media organizations to treat this
holocaust as delusions of the Kurdish people. The Turkish government
is in full control of media, and many attempts to let the outside
world know what is really happening in Southeastern Turkey [Northern
Kurdistan] are met with beatings, destroyed camera equipment, and
imprisonment for reporters from all western nations. It is even worse
for the Kurds who have tried to document the atrocities occurring,
as they usually just disappear, never to be seen again. The denial
of the Turks and their government in regards to this horrible time
in their recent history suggests that any government that commits
crimes against humanity will go unpunished and suffering of the people
involved will continue.
Turkish Constitutions Articles and Human Rights:
The Turkish Constitution states that it is the law of the Republic
of Turkey. The Constitution is a large document with many articles,
polices, and rules. Only the articles, policies, and laws pertaining
to Human Rights will be discussed in this paper. In this section
of the paper you will see how the Constitution seems to allows for
human rights, but examples will show how those same rights are being
violated were Kurds are concerned.
To begin, here is a quote from the Preamble of the Turkish
Constitution, "they [the people of the Turkish Republic] have the
right to demand a peaceful life based on absolute respect for one
another’s rights and freedoms, mutual love and fellowship, and the
desire for, and belief in, ‘Peace at home, peace in the world.’"
(Constitution of the Republic of Turkey Page 2, Para 1). This
sentence signifies that every citizen in Turkey has the right to
live a peaceful and just life. If this is the case, then why has
the Turkish government forcibly removed Kurds from the homes they
have lived in for centuries? Do you think that having your house,
business, and/or village destroyed and burned to the ground, allows
for a peaceful life? Turkey’s own human rights minister admitted
that the military has been destroying Kurdish villages for years. He
stated, "Some two million Kurds have been displaced, a dozen towns
depopulated and five to six million Kurds forced into western Turkey
by state terror and economic collapse." (A Test for Turkey, Page 1,
Para 3). Yet when questioned by the United Nations, Turkey’s government
denies they are burning villages or forcibly removing minorities from
their ancestral lands.
Article 10, Section 10 of the Turkish Constitution states, "All
individuals are equal without and discrimination before the law,
irrespective of language, race, color, sex, political opinion,
philosophical belief, religion and sect, or any such considerations."
(Constitution of the Republic of Turkey, Page 3, Para. 3). This
statement is a true democratic statement shared by all the democratic
nations of the world. However, while this article gives equal rights
to all citizens, it is not enforced where Kurds are concerned. The
language of the Kurds is forcibly denied to the Kurdish people. The
beginning of the Constitution says that Turkish is the national
language, but Turkey has several languages that are unique to the
individual groups that live within Turkey’s boarders. What threat
is it to the nation as a whole to allow these native languages to be
used, taught, and spoken? How come military personal are allowed to
shoot you in the street for speaking Kurdish or whistling a Kurdish
tune. Outlawing a language because it belongs to a minority group is
ludicrous. Forcing Kurds to give up their mother tongue is cultural
genocide and Turkey’s government has been doing this for over 80
years. Kurds are till not allowed to speak Kurdish in their own homes.
In addition, the Turkish Constitution says everyone born in Turkey
is Turkish, not a Turkish citizen, but Turkish. Well if both your
parents are Kurdish and you are born in Turkey that makes you a
Turkish citizen of Kurdish heritage, not a Turk. For the Turkish
government there is no such thing and they prove this by making
elementary children stand up and recite that they are Turks everyday.
Kurds are not allowed to call themselves Kurds. Kurds are not allowed
to recognize their identity without fear of dreadful repercussions.
Why is it against the law, punishable by torture and death, to call
oneself a Kurd? Does this sound like equality? Kurds are distinct race,
with culture and traditions, which have a right to be recognized,
respected, and treated without discrimination. While Turkey’s
constitution says all people are born equal, clearly, equal only
applies to those who are willing to forget who they are and become
Turks.
Secondly, no one is allowed to speak out or mention the atrocities that
are occurring everyday to the Kurds. While the Turkish Constitution
guarantees the right to speak freely, that only applies as long as you
talk about what the government wants you to speak about. To speak out
against the government or the military actions taken against Kurds
is tantamount to suicide and murder for your family. Leyla Zana,
a member of the Turkish Parliament and a Kurd, was sentenced to
fifteen years in prison for "bearing witness to the Kurdish people’s
immense tragedy in Turkey." (A Test for Turkey, Page 1, Para 1). Nor
is Leyla Zana the only one, even today many journalists, newspaper
printers/writers, radio stations producers, and academics are being
arrested, imprisoned, or disappearing because they have talked about
the Kurdish Problem, even citizens of other countries. Turkey’s
government refuses to admit there is a problem, one created by their
own hatreds, so instead of trying to compromise and peacefully fix
these issues, the government allows the Turkish military and state
police to commit genocide. This is Turkey’s idea of democracy; make
a constitution then let the military interpret the way they want,
even if it means killings thousands of innocent Kurds.
Freedom of Religion and conscience is defined in Section IV, Article
24 of the Turkish Constitution as: "Everyone has the right to freedom
of conscience, religious beliefs and conviction. Acts of worship,
religious services, and ceremonies may be conducted freely -No one
may be compelled to worship, or be blamed or accused because of
his religious beliefs and convictions. Education and instruction in
religion and ethics shall be conducted under State supervision and
control." (Turkish Constitution, Page 5, Para. 4). This article shows,
without a doubt, how double standard the government is when it comes
to human rights. In one sentence it defines freedom of religion, and
in another sentence it states the government has control over what
you can believe. In Turkey, the religion is Islamic; the state runs
strict educational programs that only cover the Islamic religion. The
government therefore does not allow for the freedom of religion for
those who follow the Yezidi religion, Christian religion, or any other
religion. Those citizens who chose to follow a different religion
will soon find themselves criminals of the Republic or Turkey and
branded a terrorist.
Article 28, Section 10 of the Turkish Constitution allows for the
Freedom of Press and Publication. It states, "The Press is free, and
may not be censored. The State shall take the necessary measures to
ensure the freedom of the Press and freedom of information." (Turkish
Constitution, Page 6, Para 4&5). Well, this sounds like a great
Constitutional amendment, it has never been allowed when the newspapers
or magazines are written in Kurdish. It is against the military law
to publish any newspapers, magazines, radio programs, or other such
informative materials in any language other than Turkish.
All types of Press that have opened up and tried to publish in Kurdish
have been forcibly put out of business, and the owners/writers
imprisoned or killed. What kind of Freedom of Press is this? This
is state censorship, and attempt by the government with military
backing to ruin a minorities chance to read and be educated in their
own language. Again, this stresses how Turkey is committing cultural
genocide towards the Kurds while hiding behind a Constitution that is
not worth the paper it is written on. Another thing to remember is
that even the Turkish newspapers can only print what the government
wishes it to print; all articles must coincide with what the government
wants the public to know.
United Nations
Before there was a United Nations, there was the League of Nations.
The League of Nations was founded during World War I under the Treaty
of Versailles. Its mission was "to promote international cooperation
and to achieve peace and security" (History of the United Nations,
Par 4).
Franklin D. Roosevelt, the United States President came up with the
name United Nations during World War II. This name was officially used
in 1942 when the Declaration by the United Nations was convened by
26 nations committed to continue fighting the hostile Axis Powers of
the Second World War. The United Nations was not officially organized
until 1945 when 50 countries met in San Francisco to work out the
details on how this organization would function. The charter of the
United Nations was signed on June 26, 1945 and the United Nations
was officially open for business on October 24 1945.
According to the United Nations website, the following words are the
reason for it’s [the United Nation] existence.
"The only true basis of enduring peace is the willing cooperation of
free peoples in a world in which, relieved of the menace of aggression,
all may enjoy economic and social security. It is our intention to
work together, and with other free peoples, both in war and peace,
to this end." (History of the UN Charter, Par 4).
The United Nations was the first organization to introduce human
rights laws for all membership countries to follow. It is believed
that the United Nations greatest achievement was the creation of
Human Rights Laws and the Universal Declaration of Human Rights
Charter. This Charter defines human rights and what is included
within those rights. The United Nations expects all its members to
commit to this charter and not violate its decrees; the charter is
"one to which all nations can subscribe and to which all people can
aspire." (United Nations, Human Rights, Par 1). The United Nations has
defined a wide range of rights that include, but are not limited to,
economic, social, cultural, political, and civil rights.
According to the UN the most important individual fundamental rights
are as follows:
1) Dignity 2) Freedoms 3) Equality 4) Solidarity 5) Citizens’ Rights
6) Justice
Guidelines have been drawn to help all the membership nations to
protect and assist their governments in being responsible towards
its citizen’s human rights.
Human Rights law receives its foundation from the United Nations
Charter and Universal Declaration of Human Rights. These laws
are important internationally, as they are used to determine if a
country is in violation of human rights. Individuals and nations can
be tried and punished according to the human rights laws enacted by
the United Nations.
Over the years the United Nations has made amendments and adjustments
to the Charter and Universal Declaration to allow more+
Specific standards for women, children, disabled persons, minorities,
migrant workers and other vulnerable groups, who now possess rights
that protect them from discriminatory practices that had long
been common in many societies. Rights have been extended through
groundbreaking General Assembly decisions that have gradually
established their universality, indivisibility and interrelatedness
with development and democracy (United Nations, Human Rights, Par 3).
The United Nations has spent many man-hours and dollars on educational
campaigns to make sure that every citizen or every country knows what
their inalienable rights are. Also, the educational campaigns are
designed to inform the general populations that a national judicial
and penal system is available for grievances to be discussed. This
branch of the United Nations has gained considered power among member
and non-member countries as a champion of human rights issues. In
addition, "the United Nations High Commissioner for Human Rights works
to strengthen and coordinate United Nations work for the protection and
promotion of all human rights of all persons around the world" (United
Nations, Human Rights, Par 5). According to the Secretary-General
of the United Nations the ideals surrounding peace and security,
humanitarian assistance, and social affairs is the most important
duty of the Organization’s work.
(United Nations, Human Rights, Par 5).
These fundamental rights can be found and describe in detail on the
United Nations website. Every individual should know what these rights
are, there definitions, and every country should apply them to their
populations. Basic Human Rights are guaranteed by the United Nations.
Furthermore, any country that is a member of this great organization
must also guarantee its citizens these fundamental rights. As a member
of the United Nations, Turkey must demonstrate adherence to the laws
provided by this multi-national group. However, Turkey still engages
in cultural and physical genocide towards its minorities while the
United Nations basically turns its head in the other direction.
How can a country, like Turkey, who has proven it-self to be unreliable
in allowing its minority citizens to have basic Human Rights, be
allowed into the United Nations? Since Turkey is a member of the
United Nations why does its Constitution allow for violations of
Basic Human Rights?
According to the United Nations own Universal Declaration of
Human Rights, Turkey is not a country of democracy, but a military
dictatorship that abuses its own citizens. Yet, the United Nations
still allow the atrocities of human rights abuses to continue,
without any kind of repercussions to Turkey. While the rest of
the western world continues to look away from Turkey’s excesses of
military use against its own citizens, the horrors continue. Will we,
the democratic nations, silently look the other way, while innocent
people are abused, murdered, and annihilated?
Will Turkey be allowed to continue its ideals of democracy, using its
constitution as a weapon, and legal document to commit genocide to the
Kurds? How can we live with ourselves, as a nation, as individuals,
if we do not fight against this type of false democracy that Turkey
is projecting to the world with its Constitution and violations of
Basic Human Rights?
Democratic nations cannot condemn Hitler and his Nazis, Saddam
Hussein and his regime and give other governments like Turkey the
right to continue committing genocide towards its minorities. We
can’t undo the past or raise the dead, but we can remember and learn
from history, and stop the abuses that are occurring today. It is our
[The United States] responsibility to show true democratic leadership
and recognize genocide for what it is the annihilation of a people:
their identity, cultures, language; and talk about it truthfully. In
addition, we must hold each nation equally accountable for their sins
and crimes against Human Rights.
Turkey’s constitution on paper sounds democratic, but its government
and military follow a different set of rules and laws, bending
the Constitution to support its atrocities towards the Kurds. When
minorities, like the Kurds, are not allowed Basic Human Rights, which
are guaranteed by the Constitution, how can Turkey be considered
a democratic country, which is a member of the United Nations. The
physical, cultural, and linguistic genocide of the Kurds in Turkey
must be stopped!
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