Turkish Daily News
January 30, 2007
NGOs are meeting in Ankara over 301
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After Prime Minister Recep Tayyip Erdogan’s call for
non-governmental organizations (NGOs) to propose how to amend the
controversial Article 301in the Turkish penal code, NGOs are expected
to gather in Ankara this week. The Ankara Bar Association called the
meeting and invited only professional organizations. The NGOs will
discuss an amendment to or the abolishment ofArticle 301, which has
been widely criticized for limiting freedom of speech. The state, on
the other hand, seems to be headed toward amending the article, but
not before May.

The assassination of Hrant Dink re-ignited discussions about Article
301 in Turkey because many claim that the law, under which Dink was
convicted, perpetuated the nationalist sentiment behind his
murder. The Bar Association, the Confederation of Turkish Labor
Unions, the Union of Notary, the Turkish Public Workers’ Labor Union,
the Civil Servants Trade Union, the Turkish Union of Engineers and
Architect Chambers, the Turkish Doctors Union, the Confederation of
Public Sector Trade Unions, the Turkish Union of Chambers and
Commodities Exchanges and the Turkish Penal Code Association are
meeting this week to discuss `amendments or abolition’ of Article 301.

Erdogan announced last week that the government is ready to discuss
a proposal if NGOs reach a consensus. These words have led NGOs
searching for a platform. The President of the Bar Association,
Ozdemir Ozakman, is hosting the meeting. Ozakman told the Turkish
Daily News on Monday, `We are looking to have the same model as the
civilized countries have. We had to be cold-blooded in this
process. It is not only 301 but all the regulations we have. The
government is creating populism by blaming the NGOs. They are taking
the risk. (The government) is passing the ball but they should
not. This is the political responsibility of government. And we will
send the ball back.’ Ozakman said that this meeting will take place
in Ankara and most probably it will take place on Friday. He mentioned
that he did not invite the other democratic NGOs because the other
platforms had not been successful in reaching a consensus before. He
mentioned that they will discuss all the proposals as well as
preserving Article 301. He also said the meetings of the Labor (Emek)
Platform and the Group for Dialog that took place last year did not
reach a consensus among themselves even. Confederation of
Revolutionary Workers’ Unions (DÄ°SK) and the Conservative Labor
Confederation wanted the lawto be completely abolished while the
others were in favor of it. Ozakman announced that after the meeting
they would establish a committee to meet with Justice Minister Cemil
Ã=87içek and Prime Minister Erdogan.

The President of the Doctors’ Union, Gençay, Gürsoy, said they are
looking for a platform to have a consensus over NGOs. He said, `After
the meeting in Ankara we may have a second meeting in Istanbul.’ He
was supportiveof Ozakman’s initiative.

President of the Economical Development Foundation Davut Okçu is also
optimistic about the NGO meeting in Ankara. He said, `11 NGOs reached
a consensus last year and the result is to change the law according to
the European Convention on Human Rights and according to legislation
of the European Court of Justice. The law should be clear and should
not lead to any more interpretation.

‘ He also criticized the government for asking the NGOs to make the
law. ` The legislation is the responsibility of the government,’ he
said.

Defining citizenship:

The main discussion on 301 is about defining Turkish
citizenship. After the Supreme Court of Appeals decision about Kurdish
identity, the discussion on 301 changed. An ambassador from the
Turkish Foreign Ministry said, `to change the word `Turkish Nation’
has become meaningless. The need is for a constitutional citizenship
definition.’

Government wants amendment:

The secretary general of the European Union proposed some amendments
last year by taking the views of the Interior Ministry, Justice
Ministry and military. But the government refused to make any
amendment at that time. Ithas been learned that the secretary general
of the European Union will not generate any proposal until the
government requests it. An adviser to the government told the TDN that
the government is not ready for an abolishment and even an amendment
on the law can be difficult for the Cabinet to handle before the
presidential elections.

© 2005 Dogan Daily News Inc.