Identifier
Created
Classification
Origin
03ANKARA486
2003-01-21 14:25:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

CSCE STAFFERS PRESS GOT ON RELIGIOUS FREEDOM, FREE

Tags:  PGOV PREL PHUM TU 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000486 

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 01/21/2004
TAGS: PGOV PREL PHUM TU
SUBJECT: CSCE STAFFERS PRESS GOT ON RELIGIOUS FREEDOM, FREE
SPEECH


REF: A. ANKARA 8881

B. ANKARA 6116


C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000486

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 01/21/2004
TAGS: PGOV PREL PHUM TU
SUBJECT: CSCE STAFFERS PRESS GOT ON RELIGIOUS FREEDOM, FREE
SPEECH


REF: A. ANKARA 8881

B. ANKARA 6116



1. (U) Summary: In discussions on religious freedom, free
speech, and other human rights issues with GOT officials,
human rights activists, and religious groups in Ankara, two
Commission on Security and Cooperation in Europe (CSCE)
staffers praised recent GOT reforms and urged continued
progress. They recommended the GOT: lift obstacles
preventing non-Muslim groups from owning and renting
property; consider allowing the Halki Seminary to re-open;
re-evaluate the ban on headscarves in universities; remove
remaining restrictions on non-violent speech; and expand the
right to broadcast in non-Turkish languages. GOT officials
said they have to proceed cautiously on reforms to avoid
instability. End Summary.



2. (U) Chadwick R. Gore, CSCE Staff Advisor, and H. Knox
Thames, CSCE Staff Member, traveled to Ankara January 12-16,
before heading for Diyarbakir and Istanbul.


--------------
Restrictions on Non-Muslims
--------------



3. (U) Thames handed various GOT officials a two-page list of
churches closed by the State in recent years, and a copy of
an August 2001 Ministry of Interior circular advising
provincial governors not to allow Protestant churches to rent
property. Thames said the circular had led to the closing of
a Protestant church in Iskenderun. Turkish law has
traditionally prohibited non-Muslim groups from owning
property (note: the impact of recent reforms remains unclear.
End Note.); if these groups are not allowed to rent
property, then they are effectively prevented from practicing
their faith. Nezih Dogan, Interior Ministry Secretary
General, said he is not aware of the circular, but denied
that the GOT discriminates against any religions. He noted
that the Constitution guarantees freedom of religion, and
said some churches may have been closed for violating zoning
laws or failing to obtain approval for buildings. Burhan
Kuzu, chairman of the parliamentary Constitutional Committee,
argued that because Turkey has long been plagued by terrorism
the GOT has to closely monitor which organizations are

renting properties, and for what purpose. He said the GOT is
concerned about "intensive efforts" by certain organizations
to rent property, and has doubts about the supposed religious
purposes of some properties.



4. (C) Joseph McClintock and Ihsan Ozbek, of the Alliance of
Protestant Churches of Turkey, said the GOT makes it
difficult for Christian groups to operate. They said GOT
officials recently conducted background checks on the five
owners of the Alliance's "Radio Shema" station and determined
that none could be authorized to own a station. The
officials told Alliance members to either find new owners or
shut down.



5. (U) Thames asked Nurettin Yardimci, Director General of
Foundations, whether recent reforms allowing non-Muslim
foundations to own property (Reftels) will apply to groups
other than those traditionally considered to be recognized in
the 1923 Lausanne Treaty (Greek Orthodox, ARMENIAn Orthodox,
and Jews). Yardimci initially said the new law would apply
to all groups without restrictions; however, after consulting
with a legal advisor, he said the details will be spelled out
in the implementing regulations.


--------------
Halki Seminary
--------------



6. (U) Thames asked Mehmet Elkatmis, chairman of the
parliamentary Human Rights Committee, whether the new GOT
could reach an agreement on re-opening the Halki Seminary,
closed since 1971 when the State nationalized most private
institutions of higher learning. The Ecumenical Patriarchate
in Istanbul has consistently sought permission to reopen.
Elkatmis said he does not expect any progress on Halki in the
immediate future. He said any solution on Halki will have to
include an agreement with Greece on eastern Thrace, where, he
said, Athens refuses to allow religious freedom for the
Turkish Muslim minority.


--------------
Headscarf Ban
--------------



7. (U) Kemal Guruz, president of the Higher Education Council
(YOK),the institution that, among other things, enforces the
ban against wearing Islamic headcovering in universities,
said the Turkish state rests on a foundation of secularism,
which YOK is obliged to help preserve. Guruz said the Koran
has two parts: the first deals with broad issues of morality,
much like the Bible, while the second contains religious laws
designed to regulate every aspect of one's life. In Turkey,
this Koranic "religious law" has been replaced with "positive
law," meaning law that has been "filtered though human
intellect." This is what distinguishes Turkey from "mullah
regimes" like Iran and Saudi Arabia. Those students who want
to wear headscarves on campus pose a direct threat to the
State. If YOK were to allow headscarves, it would
effectively be telling university students they could choose
between religious law and positive law, which is
unacceptable. Thames said YOK might be creating a vicious
cycle; by refusing to accept headscarved students YOK is
failing to engage the minds of a significant portion of
Turkish society. Guruz disagreed, noting that women comprise
about 45 percent of university students despite the ban.


--------------
Freedom of Speech
--------------



8. (C) Gore praised recent freedom-of-speech-related GOT
reforms (reftels),and suggested the GOT offer an amnesty for
prisoners currently jailed for speech crimes. He suggested
the GOT should further loosen speech restrictions, with the
goal of protecting all expression not linked to violence.
Elkatmis said there is no broad support for an amnesty, and
argued that the focus should be on the future. Kuzu said the
GOT has to proceed cautiously on speech reform. He said
public commentary in Turkey frequently goes beyond criticism,
providing rhetorical support for terrorism. The press is a
powerful institution whose freedom should not be unlimited.
Kaan Esener, head of the MFA's Council of Europe Affairs
Department, said outside observers often believe defendants
in Turkish court cases are being persecuted for speech, when
in fact they are charged with aiding terrorists.



9. (U) Zakir Avsar, vice president of the High Board of Radio
and Television (RTUK),said the recent legal amendments
lifting the ban against broadcasting in certain non-Turkish
languages do not permit private broadcasting in those
languages. Under the amendments, TRT, the state radio and
television company, will decide which non-Turkish languages
should be used in which areas, and will provide appropriate
programming. Gore argued that this is unlikely to satisfy
Turkey's linguistic minorities, as their communities will
have no input into the programming content. He said outside
observers consider this a major reform, but will be
disappointed when they discover how narrowly it is being
implemented. Avsar said the TRT programming is a first step;
in order to further loosen restrictions on non-Turkish
broadcasting the GOT will have to amend various laws and
regulations and train broadcasters in the limits of free
expression.



10. (U) Gore and Thames did not have the opportunity to clear
this message.
PEARSON