Ali Asker

Human Rights are not protected by Turkey's Constitution


Sunday, November 05, 2006

KurdishMedia.com - By Dana Swartz


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!

Bibliography

About the Kurds. 4 October 2006. Retrived from <
http://selenasol.com/selena/struggle/kurds.html >

"Articles of the International Press on Human Rights Violations in
Turkey".
2006.
< http://phlebas.rockefeller.edu/~giannak/turkey.html >

Barkey, H and Fuller, G. Turkey's Kurdish Question. Rowman &
Littlefield Publishers, Inc.: 1998.

Fernandes, Desmond & Sarafian, Ara. "Kurdish and Armenian Genocides
Focus of London Seminar." Armenian Forum. (1999). Page 1-5.
< http://www.gomidas.org/forum/af4kurds.htm >

Gunter, Michael M. The Kurds and the Future of Turkey. St. Martin's
Press:
1997.

Hr-Net Hellenic Resources Network. Copyright 1995-2006.
< http://www.hri.org/docs/turkey/ >

Kurdistan's Homepage. 1999. The Kurdish Question - Its History and
Present Situation. 13 October 2006. Retrieved from <
http://members.aol.com/Kurdis6065/index.html >

Rugman, Jonathan. Ataturk's Children: Turkey and the Kurds. Cassell,
London: 1996.

Shekhani, H. 2001-2007. "Welcome to Hemin Shekhani's Website." History
of Kurdistan. Retrieved 16 October 2006.
< http://www.hemin.i8.com/index.html >

United Nations. About the United Nations. Human Rights. More
Information.
10 October 2006. < http://www.un.org/rights/morerights.htm >

United Nations. About the United Nations. History of the UN Charter.
History of the Charter. 10 October 2006 <
http://www.un.org/aboutun/charter/history/ >

United Nations. About the United Nations. UN History. History of the
United Nations.
10 October 2006. < http://www.un.org/aboutun/unhistory/ >

United Nations. Human Rights. Universal Declaration of Human Rights.
10 October 2006.
< http://www.un.org/Overview/rights.html >

WashingtonPost.com. 1999. Who are the Kurds? The Washington Post on
the web. Retrived from <
http://www.washingtonpost.com/wp-srv...urdprofile.htm >

Zana, Leyla. "A Test for Turkey: Liberty or Oppression for Kurds in
Parliament?" International Herald Tribune. (7 December 1994). <
http://www.hr-action.org/khr/IHT120794.htm >

http://www.kurdmedia.com/