Turkey remains on religious freedom "Watch List"

Turkey remains on religious freedom "Watch List"
Washington, D.C.
4/29/2010

Th e United States Commission on International Religious Freedom
(USCIRF) announced its 2010 recommendations to Congress, the White
House, and the State Department, which included keeping Turkey on its
"Watch List" as one of the most serious offenders of freedom of
religion towards non-Muslim communities.

"Over the past few months USCIRF has visited a number of human rights
‘hot spots’ where freedom of religion is obstructed and related human
rights are trampled," said Leonard Leo, USCIRF chair. "This year’s
report offers new and important policy solutions to improve conditions
where foreign policy, national security, and international standards
for the protection of freedom of religion can and should intersect.
The report’s conclusion is clear-the Administration must do more!"

Congress created the Commission in 1998 through the International
Religious Freedom Act. It serves to monitor the status of freedom of
thought, conscience, and religion or belief abroad, as defined in the
Universal Declaration of Human Rights and related international
instruments. It provides independent policy recommendations to the
President, Secretary of State, and Congress.

A fifteen-page section is devoted to the current situation in Turkey
in which the Commission begins:

"Serious limitations on the freedom of religion or belief continue to
occur in Turkey. Turkey’s active civil society, media, and political
parties influence the climate for religious freedom and help define
the debate about the appropriate role of religion in society. Turkey
has a democratic government, and the country’s constitution calls for
the protection of the freedom of belief and worship and the private
dissemination of religious ideas. Nonetheless, the Turkish
government’s attempt to control religion and its effort to exclude
religion from the public sphere based on its interpretation of
secularism result in serious religious freedom violations for many of
the country’s citizens, including members of majority and, especially,
minority religious communities. The European Union (EU) continues to
find that, despite some improvements since its 2001 bid to join the
EU, "Turkey needs to make additional efforts to create an environment
conducive to full respect for freedom of religion in practice." An
additional factor influencing the climate during the past year
includes the alleged involvement of state and military officials in
the Ergenekon plot, which included alleged plans to assassinate the
Greek Orthodox and Armenian Orthodox patriarchs and to bomb mosques."

The report continues saying,

"U.S. policy should place greater emphasis on Turkey’s compliance with
its international commitments regarding freedom of religion or belief.
For instance, the United States should encourage the Turkish
government to address the long-standing lack of full legal recognition
for religious minorities, including Alevis; Greek, Armenian, and
Georgian Orthodox; Roman and Syriac Catholics; Protestants; and Jews.
As President Obama noted in his April 2009 address to the Turkish
parliament, the United States should continue to urge Turkey to permit
all religious minorities to train religious clergy in Turkey,
including by reopening the Greek Orthodox Theological Seminary of
Halki."

Regarding the restrictions on legal status of non-Muslim minorities,
the report states:

"The 1923 Treaty of Lausanne, a peace treaty signed between Turkish
military forces and several European powers that formally established
the Republic of Turkey, contained specific guarantees and protections
for all non-Muslim religious minorities in Turkey. Since that time,
however, the Turkish government has interpreted those treaty
obligations as limited to the Greek Orthodox, Armenian Orthodox, and
Jewish communities. Nevertheless, despite this unique status, legal
recognition of these three religious minority communities, and
guarantees cited, have not been implemented in Turkish law or
practice, and the Turkish government continues to use the denial of
legal personality to these groups as a mechanism to restrict their
rights of religious freedom.

"Furthermore, religious groups that fall outside the Turkish
government’s view of the Lausanne Treaty’s definition of religious
minorities are severely limited in their right to freedom of religion
or belief. Over the decades, the absence of legal personality has
resulted in serious problems with regard to minority communities’
right to own, maintain, and transfer both communal and individual
property. They also face major obstacles in deciding internal
arrangements and training religious clergy. In some cases, these
obstacles have led to a critical decline in these communities on their
historic lands. The problems for the Christian minorities–including
on property rights, education, and in some instances, physical
security– partly arise from the fact that most are both religious and
ethnic minorities, and therefore are viewed with suspicion by some
ethnic Turks.

"In Turkey today, there are about 65,000 Armenian Orthodox Christians,
23,000 Jews, and approximately 1,700 Greek Orthodox Christians. When
Turkey was founded in 1923, there were 200,000 Greek Orthodox
Christians in the country. By 1955, the number had fallen to 100,000;
that year, pogroms against the Greek Orthodox resulted in the
destruction of private and commercial properties, desecration of
religious sites, and killings. Due to ongoing threats, the Greek
Orthodox community’s numbers continued to decline to their present
level.

"For more than fifty years, the Turkish government has used convoluted
regulations and undemocratic laws to confiscate hundreds of religious
minority properties, primarily those belonging to the Greek and
Armenian Orthodox communities, as well as those of the Catholic and
Jewish communities."

Further reporting about the restrictions faced by the Ecumenical
Patriarchate and Armenian Patriarchate, state:

"The Turkish state also has closed minority communities’ seminaries,
denying these communities the right to train clergy, and has
interfered with their internal arrangements and leadership decisions.
For example, the Turkish government still does not recognize the Greek
Ecumenical Patriarchate as a legal entity.

"Moreover, it only acknowledges the Patriarch as head of the Greek
Orthodox community in Turkey, not as Ecumenical Patriarch, despite
Prime Minister Erdogan’s January 2008 statement in parliament that
Patriarch Bartholomew’s "Ecumenical" title was an internal church
issue. In March 2010, the Venice Commission, a Council of Europe
advisory body, stated that there is no factual or legal reason,
including the 1923 Treaty of Lausanne, for the Turkish government not
to acknowledge the status of the Patriarch as "ecumenical," based on
the historically recognized title and prerogatives. The Turkish
government also maintains that only Turkish citizens can be candidates
to be Patriarch or hierarchs in the Church’s Holy Synod. The Turkish
embassy in Washington, DC informed USCIRF in February 2010 that the
government had discussed the possible application for Turkish
citizenship of the relevant Greek Orthodox Metropolitans in August
2009 in a meeting with the Patriarchate, but no action has been taken.

"In 1971, the government’s nationalization of higher education
institutions included the Greek Orthodox Theological School of Halki
on the island of Heybeli, thereby depriving the Greek Orthodox
community of its only educational institution for its religious
leadership in Turkey. Furthermore, in November 1998, the school’s
Board of Trustees was dismissed by the General Authority for Public
Institutions. The Halki seminary remains closed; according to the
Turkish embassy in Washington, DC, as of early 2010, the Turkish
authorities continued to explore with the Patriarchate possible venues
for its reopening.

"In 2008, the ECtHR ruled in a case brought by the Greek Orthodox
Ecumenical Patriarchate that Turkey was in violation of Article 1 of
Protocol No. 1 (protection of property) of the European Convention on
Human Rights. The case concerned the Turkish government’s
expropriation of the Greek Orthodox orphanage on the Turkish island of
Buyukada. The court unanimously ruled against the Turkish state for
improperly taking the orphanage owned by the Ecumenical Patriarchate.
The Turkish government has yet to implement the court’s ruling.

"The Armenian Orthodox community, which is Turkey’s largest non-Muslim
religious minority, also lacks a seminary in Turkey to educate its
clerics and today only has 26 priests. In 2006, the Armenian Patriarch
submitted a proposal to the Minister of Education to enable the
Armenian Orthodox community to establish at a state university a
faculty on Christian theology with instruction by the Patriarch. To
date, the Turkish government has not responded to this request.
Additionally, like the Greek Orthodox Patriarch, the Armenian
Patriarch lacks legal personality. The Armenian Patriarch reportedly
receives about 300 email threats daily, and has two secret police
bodyguards who accompany him at all times.

"Due to the Turkish law banning the public wearing of clerical garb,
foreign Christian clergy, including Georgian, Greek and Russian
Orthodox, were required in 2009 to remove their church vestments
before they were allowed to enter Turkey. Christian clerics in Turkey
who are Turkish citizens cannot wear their clerical dress anywhere in
public."

Among the several recommendations regarding Turkey, the Commission
proposes that the U.S. government should:

instruct officials to drop their legal case to seize some of the land
which is the property of the Mor Gabriel Syrian Orthodox monastery;
instruct officials to uphold the decision of the European Court of
Human Rights and return the orphanage on the Turkish island of
Buyukada to the Greek Orthodox Church;
carry out Prime Minister Erdogan’s 2008 statement that the Ecumenical
status of the Greek Orthodox Patriarchate should be an internal church
issue by granting official recognition to the Ecumenical status of the
Patriarch, in line with the 2010 opinion by the Council of Europe
Venice Commission;
permit all religious minorities, including those not covered by the
Lausanne Treaty, to train religious clergy, including by as repeatedly
and formally requested by every U.S. President since 1971, permitting
the reopening of the Halki Seminary, according to Turkey’s
international obligations, and allowing for religious training to
occur;
Read the entire Commission’s Annual Report on their website,
(Pages 303-317 will refer to the Commission’s findings
on Turkey)

http://www.archons.org/news/detail.asp?id=393
www.uscirf.gov