TURKISH MFA: LEGAL FRAMEWORK UNDERWAY TO OPEN HALKI

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000023 SIPDIS DEPARTMENT ALSO FOR EUR/SE E.O. 12958: DECL: 01/07/2019 TAGS: CY PREL TU US SUBJECT: TURKISH MFA: LEGAL FRAMEWORK UNDERWAY TO OPEN HALKI REF: A. 09 ANKARA 1700 ¶B. 09 ANKARA 1029 ¶C. 09 ISTANBUL 467 Classified By: POL Counselor Daniel O'Grady for reasons 1.4 (b,d) ¶1. (C) SUMMARY. The Turkish MFA told us January 6 it is preparing a legal framework for the opening of Halki Seminary that will center on Article 40 of the Lausanne Treaty, which gives non-Muslim minorities the right to manage their own religious institutions. The MFA said using the Lausanne Treaty is preferred because international agreements take precedence over national laws and court rulings, but that Lausanne still presents problems for Halki's admission of foreign students. The legal framework is near completion, at which point it will be presented to PM Erdogan for approval. The GOT appears resolute on moving forward on Halki without insisting on parallel improvements for the Turkish Muslim Minority in Greece -- despite PM Erdogan's recent public comments. But the current political climate, given the ruling party's lagging poll numbers, is not ideal for a move that will be interpreted by the opposition as abandoning ethnic Turks in Greek Thrace. END SUMMARY. ¶2. (C) In a January 6 discussion, the MFA's Deputy Director General for Greece and Cyprus, Kerim Uras, told us that the MFA will soon finish a legal framework for the opening of Halki Seminary which will be presented to Foreign Minister Davutoglu and Prime Minister Erdogan for their approval. Uras said at that point the issue will "be in the hands of the politicians," but that the GOT already has shifted away from its long-held stance of insisting on improved conditions for the Muslim minority living in Greek Thrace before taking action on Halki. The concept of holding the rights of Greek Orthodox Turkish citizens hostage to the actions of a foreign government is now considered "primitive" and inappropriate, Uras said. ¶3. (C) Uras conceded that PM Erdogan's recent remarks on the Halki issue had reiterated the familiar quid-pro-quo approach which has long defined the GOT's position on Halki, but suggested that Erdogan may have felt compelled to frame the issue as he did because the Government is feeling defensive about its Democratic Opening initiative. The Prime Minister could not afford to appear as if he has lost interest in the welfare of ethnic Turks in Greece. As a politician, the �0A;Prime Minister must be sensitive to public opinion. Still, Uras said, "this is a PR problem, not a policy problem." ¶4. (C) Uras said the proposed legal framework will center on Article 40 of the Lausanne Treaty, and that this approach is considered preferable because international treaties have precedence over Turkish national laws and internal court rulings (NOTE: This is according to Article 90 of the Turkish Constitution. END NOTE). Article 40 states that "Turkish nationals belonging to non-Muslim minorities shall enjoy the same treatment and security in law and in fact as other Turkish nationals. In particular, they shall have an equal right to establish, manage and control at their own expense, any charitable, religious and social institutions, any schools and other establishments for instruction and education, with the right to use their own language and to exercise their own religion freely therein." ¶5. (C) However, the Lausanne Treaty's main drawback is that it does not explicitly authorize Halki Seminary's potential admission of foreign students, which is a priority for the Patriachate given the diminished ethnic Greek population in Turkey. The MFA's legal advisors are considering different ways that this could be rectified. The proposed legal framework envisions Halki being nominally overseen by the Ministry of Education, and not the Higher Education Council (YOK) because YOK regulations require its institutions to be open to both genders but Halki would only be open to males. In addition YOK rules do not permit students to wear clerical robes. ¶6. (C) Uras said that last week he personally briefed the Patriach and two of his advisors on the MFA's current thinking and had asked the Patriarchate for advice on ways to overcome certain legal obstacles, such as the admission of foreign students. The Patriachate had suggested defining Halki as a vocational school, but the MFA concluded that this would not work. Uras said he has had regular consultations with the Patriarch over the past year. (NOTE: This contradicts what we have been told by the Patriarch and his staff members. END NOTE) ¶7. (C) The situation of ethnic Turks in Thrace and elsewhere in Greece remains a top concern for the GOT, Uras emphasized. But Ankara is convinced its best course is to move forward ANKARA 00000023 002 OF 002 on Halki and then call on the Greek Government to take appropriate measures. He said the GOT's current complaints include: -- the Turkish Muslim Minority's elected Muftis are unable to function because the Greek Government has decreed that only its own Athens-appointed Muftis have authority; -- the Greek Government has been expropriating land in Thrace belonging to the Muslim minority; -- the GOG has manipulated foundation boards in Thrace to sell off foundation property; -- the GOG has capped at 15 the number of Turkish citizens who are allowed to enter Greece and work as teachers for the two Muslim Minority schools in Thrace, when some 35-40 are needed; -- the GOG has not allowed a mosque to be built in Athens, and does not allow the Muslim minority in Thessaloniki to use any of the mosques in that city, even for religious holidays. ¶8. (C) COMMENT: Uras's presentation tracks with what we heard from Prime Ministry and Directorate of Religious Affairs (Diyanet) officials last July (REF B). It is also encouraging that the MFA is reporting that it has had regular consultations with the Patriarchate, since this issue will require both sides to be in sync. Still, we can appreciate that the timinig of such a move will be delicate for the ruling Justice and Development Party (AKP),which already is hearing a clamor from the ethnic Turks in Thrace that they should not be "abandoned." SILLIMAN "Visit Ankara's Classified Web Site at http://www.intelink.s gov.gov/wiki/Portal:Turkey"