Human rights of Kurdish people in Turkey

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Human rights of Kurdish people in Turkey is the analysis of the human rights of Kurds in Turkey.

Contents

[edit] History

[edit] The Dersim massacre

For more details on this topic, see Dersim Rebellion.

A massacre in southeast of the country (sometimes also called the Turkish Kurdistan), occurred during the 1930s and took place in the course of the suppression of a Kurdish rebellion in the district of Dersim (presently called Tunceli) in 1937 and 1938. Martin van Bruinessen claims that this has been called genocide by İsmail Beşikçi.[1] He further states: "The events represent one of the blackest pages in the history of Republican Turkey, gracefully passed over in silence or deliberately misrepresented by most historians, foreign as well as Turkish".[2] After the events, on September 27, 1938, the British consul at Trabzon, the diplomatic post closest to Dersim, spoke of "brutal and indiscriminate violence":

“ Thousands of Kurds including women and children, were slain; others, mostly children, were thrown into the Euphrates; while thousands of others in less hostile areas, who had first been deprived of their cattle and other belongings, were deported to vilayets (provinces) in Central Anatolia. It is now stated that the Kurdish question no longer exists in Turkey.[2][3] ”

According to Sir Martin Gilbert, more than 5,000 Kurds were killed in what he calls a "punitive action of destruction", namely 10 percent of the local Kurdish population. According to Winter "it was this murderous targeting of an entire community which constituted the element of genocide".[3] in 1991, a book was published in Turkey by the sociologist İsmail Beşikçi that by its very title (The Dersim Genocide) accused Turkey's one-party regime of the 1930s of having committed genocide in the Kurdish district of Dersim. The book was immediately banned and did not generate the debate its author had hoped for and that Beşikçi spent more than ten years in prison, while all his books, about thirty-five were banned.[4][2] Beşikçi has served 17 years in prison[5] on propaganda charges stemming from his writings about the Kurdish population in Turkey. He was charged for over 100 years[6][7] but released from jail in 1999.[8]

[edit] Individual rights

There have been no applications of the capital punishment in Turkey since 1984 and the practice was formally abolished for offences during peacetime in 2002, and for offences during wartime in 2004.[9]

In the 1930s, Turkey became one of the first countries in the world to give full political rights to women, including the right to elect (in 1930) and to be elected (in 1934), to every political office.

Article 10 of the Turkish Constitution bans any discrimination, state or private, on the grounds of sex. Turkey was one of the first countries to elect a female prime minister, Tansu Çiller in 1995. It is also the first country which had a woman as the President of its Constitutional Court, Tülay Tuğcu, who is still in office. In addition, Turkish Council of State, the court of last resort for administrative cases, also has a woman judge Sumru Çörtoğlu as its President. Since 1985, Turkish women have the right to freely exercise abortions in the first 10 weeks of pregnancy and the right to contraceptive medicine paid for by the Social Security. This is in contrast with the policies of certain EU countries, such as Poland and Ireland, that ban abortion and deny this right to women. Modifications to the Civil Code in 1926 gave the right to women to initiate and obtain a divorce, a right still not recognized in Malta,[10] a EU country.

Nevertheless, in remote parts of the country, such as Southeastern Anatolia, patriarchal traditions of namus (family honor) prevail amongs the local Kurdish population, and women still face domestic violence, forced marriages, and so-called honor killings. Nearly all of these so-called honor killings take place among the Kurdish population and persons found guilty of this crime are sentenced to life in prison per the Turkish Penal Code.[11] State authorities engaged in stamping out such practices are often accused of racism and of trying to suppress Kurdish culture. To combat this, the government and various other foundations are engaged in education campaigns in Southeastern Anatolia to improve the rate of literacy and education levels of women.[12]

In Turkey, the literacy rate is 95.3% for men and 79.6% for women, for an overall average of 87.4%.[13] This low figure is mainly due to prevailing feudal attitudes against women in the Arab and Kurdish inhabited southeastern provinces of the country. Many Kurdish families refuse to send their daughters to school because of centuries old tribal traditions. In fact, it has been stated that even economically wealthy families do not want their daughters to follow the mandatory primary and secondary education, instead preferring them to get married when they are comparatively very young. It has also been stated that for many of the local Arab and Kurdish population of the southeast, a school is simply not a place that girls go to. The Turkish state is actively trying to put an end to these feudal practices by a variety of educational and political campaigns, along with nation-wide television campaigns and the personal involvement of the prime minister. It has been estimated that thanks to these determined campaigns, hundreds of thousands of girls in the region are now going to school for the very first time.[12]

[edit] Group rights

[edit] Educational and cultural rights

There have been certain calls by certain NGOs that Turkey should adopt the definitions of the European Charter for Regional or Minority Languages. If Turkey were to become a signatory to this treaty, it would have to accept and subsidise the education of minorities in their own first languages, and that for at least all the period of mandatory education. However, it must be noted that, even France, a founding member of the European Union, has refused to apply this treaty within its territory following a ruling by its own Constitutional Court that has affirmed that doing so would be contrary to the principle of the indivisibility of the Republic and the nation affirmed in the First Article of the French Constitution. In addition to France, many other EU countries, namely Belgium, Czech Republic, Estonia, Greece, Ireland, Italy, Latvia, Lithuania, Malta, Poland and Portugal have also refused to ratify this treaty. To this day only 21 member states of the Council of Europe out of 49 have proceeded with ratification.[14]

According to Tove Skutnabb-Kangas, a Dutch linguist, for many years the Turkish government had denied the existence of a Kurdish identity. Skutnabb-Kangas argues that for decades "Kurds have experienced both linguistic and cultural persecution".[15] In her book, she also talks about an interview of Aliser Cengaver (a Kurdish woman) by Shelley K. Taylor. Aliser Cengaver stressed that her own educational experience "attested to Turkey's denial of the Kurdish identity and persecution of the Kurds". Cengaver also argue that there was a strong assimilation policy in schools in southeastern Turkey and that "the goal of residential schooling is to make Kurdish children's mother tongue and home culture foreign to them".[15]

The recent Turkey 2006 Progress Report issued by the European Commission contains certain comments concerning the cultural and educational rights of Kurdish people in Turkey. The report states that: "As regards cultural rights, permission was granted to two local TV channels in Diyarbakır and to one radio in Şanlıurfa to broadcast in Kurdish. However, time restrictions apply, with the exception of films and music programmes. All broadcasts, except songs, must be subtitled or translated in Turkish, which makes live broadcasts technically cumbersome. Educational programs teaching the Kurdish language are not allowed. The Turkish Public Television (TRT) has continued broadcasting five languages including Kurdish, however the duration and scope of TRT's national broadcasts in five languages is very limited. No private broadcaster at national level has applied for broadcasting in languages other than Turkish since the enactment of the 2004 legislation."[16]

The only language of instruction in the education system is Turkish and people who desire to learn other languages can do so through private courses. As concerns the Kurdish language, all such courses were closed down in 2004 by the owners.[16] It must be noted, however, that those courses were shut down because of a grave lack of attendance and interest, and thus making the observers wonder the true extent of the demand for a separate Kurdish ethnic identity, rather than a Turkish one. Many buildings were rented for such courses by activists "in anticipation of a flood of students that never came." Kurdish language activists counter that the desire to learn Kurdish is there, but it must be taught in public schools.[17]

Therefore, there are no possibilities to learn Kurdish nowadays in the public or private schooling system. Furthermore, there are no measures taken to facilitate access to public services for those who do not speak Turkish. The Report underscores that, according to the Law on Political Parties, the use of languages other than Turkish is illegal in political life. The Commission concludes that "overall Turkey made little progress on ensuring cultural diversity and promoting respect for and protection of minorities in accordance with international standards".[16] The Economist also asserts that "reforms have slowed, prosecutions of writers for insulting Turkishness have continued, renewed fighting has broken out with Kurds and a new mood of nationalism has taken hold", but it is also stressed that "in the past four years the Turkish prime minister, Recep Tayyip Erdoğan, ... improved rights for Kurds".[18]

[edit] Political rights

After the general elections of October 1991 in Turkey, more than twenty Kurdish deputies including Leyla Zana, Hatip Dicle, Orhan Doğan, and Selim Sadak, were elected with the party DEP to the Turkish Parliament[19][20] (it must be noted that Kurds are regularly elected to the parliament in much larger numbers, in fact former president Turgut Özal had partial ethnic Kurdish ancestry). On September 3, 1993 a newly-elect Kurdish member of the Parliament, Mehmet Sincar, was murdered in broad daylight. Later, it was found that he was assassinated by Hezbollah in Turkey, who were aiming to assassinate Nizamettin Toğuç.[21] One year after the assassination of Sincar, 6 Kurdish parliamentarians were arrested. The Turkish Parliament had previously lifted the immunity of those deputies, opening the way for a trial, in which they would be exposed to imprisonment for speeches delivered in Parliament.[20] Six others, who were feeling persecuted, fled abroad to seek political asylum in Europe, and the remaining nine Kurdish deputies either resigned from their posts or changed parties to avoid arrest.[19]

The conviction and sentencing of the Kurdish deputies in December 1994 to prison terms drew particular criticism from both the Congress of the United States and the Clinton administration. The Assistant Secretary of State for Democracy, Human Rights and Labor John Shattuck was dispatched to Turkey twice within six months. He noted that the United States was becoming increasingly concerned about freedom of speech being curtailed in Turkey through prosecutions.[22]

[edit] Human rights violations in the Southeast

Clashes between Turkish and PKK militants have resulted in some 30,000 casualties according a report by the United States Department of State titled "Terrorist Group Profiles".[23] According to Filner,[citation needed] after 1995 an "all-out war" was declared by the Turkish state against the PKK (listed as a terrorist organization by a number of states and organisations, including the USA, the EU and NATO).[24][25] Filner argues that this war resulted in: 3,400 destroyed villages, 37,000 people (mostly Kurds) killed, 3 million Kurds refugees.[19]

According to Human Rights Watch, the armed forces were often unable to identify who is a PKK activist in the southeast, and, therefore, "the population as a whole has often been targeted and has endured two decades of terrible hardship, instability, and fear". "Kurdish villagers in particular have been subjected to frequent security raids in which they have been abused, tortured, and even "disappeared," or extrajudicially executed. Human Rights Watch also stresses that " In the mid-1980s, in an attempt to isolate those Kurdish communities that were offering tactical support for the PKK, the Turkish government began to arm Kurdish villagers as provisional village guards. Although village guards were theoretically set up to defend villages from attack, the Turkish security forces have used them as auxiliaries for raids into neighboring villages".[26] The 1994 Human Rights Watch Report Forced Displacement of Ethnic Kurds from Southeastern Turkey documents how in November 1993, the security forces burned about twenty of the three hundred houses in the village of Nurettin, because they were allegedly PKK sympathizers. After local elections in March 1994, approximately one third of the villagers from the "Burukans" tribe became village guards and then forced all those who did not join to leave the village. By August 1994, most villagers in Nurettin who were not Burukans had been forced to flee, and their houses had been destroyed. According to a press release by the Human Rights Watch, in 1994 "Turkish security forces in southeastern Turkey have depopulated up to 1400 villages and hamlets in their fight against the PKK". The executive director of the NGO, Jery Laber sent a letter to the Turkish prime minister and urged her to "to bring these practices to a halt and punish those who have committed crimes".[27]

After the Turkish military intervention in northern Iraq in March 1995, the American press alleged that innocent civilians were suffering as the result of the cross-border operation, although the reaction of the Bill Clinton administration was much milder. The press alleged that innocent civilians were suffering as a result of the operation, while John Edward Porter, a former Republican representative from Illinois, at a meeting of the House Foreign Operations Subcommittee, alleged that Turkey was committing genocide in northern Iraq.[22] It must be noted, however, that the same Republican party leadership was responsible for lauching the full-scale invasion and war in Iraq by the US less than a decade later. That war has cost the lives of an estimated 655,000 people, easily dwarfing any kind of casualty that might have been caused by the anti-insurgency operations of the Turkish Armed Forces in Northern Iraq.[28]

The alleged violations of political, educational and cultural rights had also caused in the past international reactions and criticisms. Speaking to the United States House of Representatives, on April 6, 2000, Filner argued that Mehdi Zana, a Kurdish politician, husband of Leyla Zana, urged him "to speak out against the slow motion genocide against the Kurds". According to Zana, "the Armenians were massacred. The Kurds are being put to permanent sleep".[19] Growing allegations in human rights circles that Turkey was using cluster bombs against civilians in south-east Anatolia led to efforts to prevent the transfer of these weapons to Turkey. Some restrictions were imposed, but they were lifted especially for internal security purposes after a personal appeal of Tansu Çiller to Clinton.[22]

[edit] Contemporary issues

[edit] Recent events in Diyarbakır

Violent disturbances took place in several cities in the Southeast in March and April of 2006. Over 550 people were detained as a result of these events, including over 200 children. The Diyarbakır Bar Association submitted more than 70 complaints of ill-treatment to the authorities. Subsequently, investigations were launched into 39 of these claims. During the events in Diyarbakır, forensic examinations of detaineed were carried out in places of detention. According to the Report of the Commission, "this contravenes the rules and the circulars issued by the Minisries of Justice and Health as well as the independence of the medical profession". The Commission also believes that "the new provisions introduced in June 2006 to amend the anti-terror law could undermine the fight against torture and ill-treatment".[16] The Commission also stresses that "a return to normality in Southeast can only be achieved be opening dialogue with local counterparts".[16] "A comprehensive strategy should be pursued to achieve the socio-economic development of the region and the establishment of conditions for the Kurdish population to enjoy full rights and freedoms. Issues that need to be addressed include the return of internally displaced persons, compensation for losses incurred by victims of terrorism, landmined as well as the issue of village giards".[16]

[edit] European Court of Human Rights decisions

In several of its rulings, the European Court of Human Rights has condemned Turkey of human rights violations against its citizens of Kurdish origin. These are some characteristic cases:

  • Ahmet Zeki Okçuoğlu was a Turk of Kurdish origin, born in 1950, who worked as a lawyer. On 10 June 1991 the Public Prosecutor of the Istanbul National Security Court accused the applicant of disseminating propaganda against the "indivisibility of the State". On 11 March 1993 the National Security Court, composed of three judges, including a military judge, found the applicant guilty of the offence charged and sentenced him to one year, eight months’ imprisonment and a fine of 41,666,666 Turkish liras, to be paid in twenty monthly instalments. It also ordered confiscation of the publications concerned. In its Judgment of July 8, 1999, the Court decided that Ahmet Zeki Okçuoğlu' s conviction was disproportionate to the aims pursued and accordingly not "necessary in a democratic society".[29]
  • Günay Arslan was the author of a book entitled History in Mourning, 33 bullets (Yas Tutan Tarih, 33 Kurşun), which won the Yunus Nadi Prize. The book was published in December 1989, with a second edition appearing in July 1991. It is accompanied by a preface attributed to Musa Anter, a well-known pro-Kurdish politician and leader writer whose main theme was the Kurdish question in Turkey and who was murdered in 1992. On 29 December 1989, in the course of a criminal investigation he was conducting in respect of Arslan, the public prosecutor at the Istanbul National Security Court requested a single judge of that court to order the seizure of the above-mentioned book as an interim measure. By an order made on that date the judge allowed this application. On 22 January 1990 the public prosecutor charged the applicant with disseminating separatist propaganda. The prosecutor also noted that in his book Arslan had contended that there were various nations within the Republic of Turkey, described the Turkish nation as barbarous, maintained that the Kurds were the victims of constant oppression, if not genocide, and glorified the acts of insurgents in south-east Turkey. On 29 March 1991 the National Security Court sentenced the applicant to six years and three months’ imprisonment and ordered the book’s confiscation. In its Judgment of July 8, 1999, the Court decided that Arslan' s conviction was disproportionate to the aims pursued and accordingly not "necessary in a democratic society".[30]
  • Edip Polat, a Turkish national born in 1962, published in Ankara in May 1991 a book entitled We made each dawn a Newroz (Nevrozladık Şafakları). In an epic style he related historical episodes marked by Kurdish rebel movements in Turkey and gave an account, with his own comments, of facts relating in particular to the life of prisoners in Diyarbakır Prison and the ill-treatment they had allegedly been subjected to. On 31 December, on an application by the public prosecutor at the Ankara National Security Court, the Ankara Court of First Instance ordered the seizure of the copies published as an interim measure in the context of a criminal investigation opened in respect of Polat. In an indictment of 22 April 1992 the public prosecutor accused the applicant, inter alia, of disseminating propaganda against the territorial integrity of the State and the indivisible unity of the nation. According to the public prosecutor, Polat’s book was inspired by hatred of the Turkish State and lauded Kurdish separatism. Before the National Security Court the applicant denied the charges against him. Polat likewise denied that he had denounced civil servants with the aim of turning them into targets. On 23 December 1992 the National Security Court found the applicant guilty of disseminating separatist propaganda. In its Judgment of July 8, 1999, the Court decided that Polat's conviction was disproportionate to the aims pursued and accordingly not "necessary in a democratic society".[31]

[edit] Kurdish genocide claims

 The neutrality of this section is disputed.
Please see the discussion on the talk page.

Desmond Fernandes, who was a Senior Lecturer at De Montfort University, claims that successive Turkish governments adopted a sustained a cultural genocide program against Kurds, aimed at their assimilation. He breaks down the policy of the Turkish authorities into the following categories:

  1. Forced assimilation program, which involved inter alia a ban of the Kurdish language, and the forced relocation of Kurds to non-Kurdish areas of Turkey. American Congressman Bob Filner speaks about a "cultural genocide", and stresses that "a way of life known as Kurdish is disappearing at an alarming rate".[19]
  2. The banning of any organizations opposed to category one.
  3. The violent repression of any Kurdish resistance (mostly by PKK, a group that is listed as a terrorist organization internationally by a number of states and organizations, including the USA, NATO and the EU[32]). According to Fernandes, hundreds of thousands of Kurds have been killed by Turkish state authorities over the past eighty years—the religious Sheikh Said Rebellion (Mosul province was assigned to British Mandate of Mesopotamia as a result of this) and the Ararat uprisings in the 1920s, the bloody suppression of the Dersim in the 1930s, as well as the PKK campaign in recent years.[33][34]

During the 1980s and 1990s, Turkey displaced a big number of its citizens in Southeastern Anatolia from rural areas, allegedly[citations needed] to protect them from guerrilla attacks by PKK. Turkey claims that the actions of the Turkish Armed Forces, including the destruction of deserted villages, ostensibly in order to prevent the PKK from using them as outposts or hiding places, is therefore a legitimate anti-terrorism campaign.

Mark Levene in his Creating a Modern "Zone of Genocide": The Impact of Nation- and State-Formation on Eastern Anatolia, 1878-1923, suggests that:

The persistence of genocide or near-genocidal incidents from the 1890s through the 1990s, committed by Ottoman and successor Turkish and Iraqi states against Armenian, Kurdish, Assyrian, and Pontic Greek communities in Eastern Anatolia, is striking. ... the creation of this "zone of genocide" in Eastern Anatolia cannot be understood in isolation, but only in light of the role played by the Great Powers in the emergence of a Western-led international system.[35]

In the last hundred years, four Eastern Anatolian groups—Armenians, Kurds, Assyrians, and Greeks—have fallen victim to state-sponsored attempts by the Ottoman authorities or their Turkish or Iraqi successors to eradicate them. Because of space limitations, I have concentrated here on the genocidal sequence affecting Armenians and Kurds only, though my approach would also be pertinent to the Pontic Greek and Assyrian cases.[35]

[edit] Notes

  1. ^ van Bruinessen, 142
  2. ^ a b c van Bruinessen, 144
  3. ^ a b Gilbert, 24
  4. ^ de Bois, 468
  5. ^ Derya Sazak on Milliyet. İmralı'daki değil dışarıdakiler konuşsun (not the one in İmralı but others should speak) (Turkish). Retrieved on March 25, 2007.
  6. ^ Rojhilat, Ismail Besikci
  7. ^ International PEN, Newsletter of the Writers in Prison Committee of International PEN
  8. ^ Turkish writer released from jail (1999)
  9. ^ http://news.bbc.co.uk/2/hi/europe/3384667.stm Abolishment of the capital punishment in Turkey, 2002 for peacetime offences, 2004 for wartime offences
  10. ^ http://www.guardian.co.uk/pope/story/0,,1452467,00.html
  11. ^ http://www.iht.com/articles/2006/07/12/news/virgins.php
  12. ^ a b "Turkish girls in literacy battle", British Broadcasting Corporation, 2004-10-18. Retrieved on December 11, 2006.
  13. ^ Turkish Statistical Institute (2004-10-18). Population and Development Indicators - Population and education. Turkish Statistical Institute. Retrieved on December 11, 2006.
  14. ^ Ratifications of European Charter for Regional or Minority Languages by the members of the Council of Europe.
  15. ^ a b Skutnabb-Kangas, 323-324
  16. ^ a b c d e f Turkey 2006 Progress Report, European Commission
  17. ^ Turkey's Kurdish-language schools fold, The Christian Science Monitor
  18. ^ The Economist, 10-11
  19. ^ a b c d e Filner, 401
  20. ^ a b Manas, 140
  21. ^ "Sincar cinayeti çözüldü", 2001-12-5. (in Turkish)
  22. ^ a b c Winrow-Kirisci, 175
  23. ^ United States Department of State titled "Terrorist Group Profiles". Retrieved on December 21, 2006.
  24. ^ P. O'Toole, Turkey's Fears of Kurdish Resurgence
  25. ^ PKK 'behind' Turkey Resort Bomb, British Broadcasting Corporation
  26. ^ Backgrounder on Repression of the Kurds in Turkey, Human Rights Watch
  27. ^ Ethnically Kurdish Villages and Hamlets Forcibly Depopulated by Turkish Security Forces in Southeastern Turkey, Human Rights Watch
  28. ^ http://news.bbc.co.uk/2/hi/middle_east/6040054.stm
  29. ^ Case Of Okçuoğlu v. Turkey, European Court of Human Rights
  30. ^ Case Of Arslan v. Turkey, European Court of Human Rights
  31. ^ Case Of Polat v. Turkey, European Court of Human Rights
  32. ^ "Council Decision", Council of the European Union, December 21, 2005
  33. ^ Fernandes, 57-107
  34. ^ Fernandes, Kurdish and Armenian Genocides
  35. ^ a b Creating a Modern "Zone of Genocide": The Impact of Nation- and State-Formation on Eastern Anatolia, 1878–1923, by Mark Levene, University of Warwick, © 1998 by United States Holocaust Memorial Museum

[edit] References

[edit] Printed sources

  • de Baets, Antoon (2001). "Turkey", Censorship of Historical Thought: a World Guide, 1945-2000. Greenwood Press. ISBN 0-313-31193-5. 
  • van Bruinessen, Martin (1997). "Genocide in Kurdistan?", Genocide:Conceptual and Historical Dimensions edited by George J. Andreopoulos. University of Pennsylvania Press. ISBN 0-812-21616-4. 
  • Manas, Jean E. (1996). "Council of Europe and Ethno-National Strife", Preventing Conflict in the Post-Communist World: Mobilizing International and Regional Organizations by Abram Chayes. Brookings Institution Press. ISBN 0-815-71385-1. 
  • Fernandes, Desmond (Winter 1998-1999). "The Kurdish Genocide in Turkey, 1924–1998". Armenian Forum 1 (No.4): 57-107. 
  • Filner, Bob (2004). "Congressional Record", The Kurdish Question in U.S. Foreign Policy: A Documentary Sourcebook by Lokman I. Meho. Praeger/Greenwood. ISBN 0-313-31435-7. 
  • Gilbert, Martin (2004). "Genocide in Kurdistan?", America and the Armenian Genocide of 1915 edited by Jay Murrey Winter. Cambridge University Press. ISBN 0-521-82958-5. 
  • Skutnabb-Kangas, Tove (2000). "The Relation between Oppression and Education: The Case of the Kurdish Minority in Turkey", Linguistic Genocide in Education - or Worldwide Diversity and Human Rights?. Lawrence Erlbaum Associates. ISBN 0-805-83467-2. 
  • (December 16-22 2006) "The Blackballers' Club". The Economist: 10-11. 
  • Winrow Gareth M., Kiriøski Kemal (1997). "International Dimension of the Kurdish Question", The Kurdish Question and Turkey: an Example of a Trans-state Ethnic Conflict. Routledge (UK). ISBN 0-714-64746-2. 
  • Üniversite ve Toplum. Alpaslan Işıklı - Noam Chomsky E-mail Discussions. Retrieved on December, 20, 2006.

[edit] Online sources

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