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Turkey: The situation of Kurds, including the extent to which legislative reform packages have been implemented (August 2004 - April 2005)

General Situation of Kurds

Although the Turkish Constitution "does not recognize ethnic groups as national, racial or ethnic minorities" (Country Reports 2004 28 Feb. 2005, Sec. 5), documentary evidence indicates that the overall situation of Kurds in Turkey has been improving in terms of security and the enjoyment of fundamental freedoms, including in the east and southeast where the state of emergency was completely lifted in 2002 (EU 6 Oct. 2004, 54-55; see also UK Oct. 2004, Sec. 6.154-6.160; Foreign Affairs 1 Sept. 2004). In its 2004 Regular Report on Turkey's Progress Towards Accession, the Commission of the European Communities noted that "[t]here has been a greater tolerance towards the use of the Kurdish language and the expression of Kurdish culture in its different forms" (EU 6 Oct. 2004, 49). According to the United Kingdom Immigration and Nationality Directorate (IND) Operation Guidance Notes, "[a]lthough Turkish citizens of Kurdish ethnic origins may face some unequal treatment or discrimination, this does not generally reach the level of persecution" (Feb. 2005 Sec. 3.8.4).

In its Third Report on Turkey, the European Commission Against Racism and Intolerance (ECRI) reported that in the case of Kurds, the freedoms of expression, assembly and association continue to be "severely curtailed, especially in practice" and that Kurds continue to be "subject to prejudice and stereotyping" (15 Feb. 2005, 22; see also Freedom House 2004). Similarly, Country Reports 2004 indicated that "Kurds who publicly or politically asserted their Kurdish identity or use[d] Kurdish in the public domain risked censure, harassment, or prosecution" (28 Feb. 2005, Sec. 5). In contrast, one Turkish-language newspaper reported that large celebrations were held on 21 March 2005 in cities throughout Turkey by Kurds on the occasion of the Newroz festival (Kurdish New Year) (Ozgur Politika 21 Mar. 2005). These celebrations were carried out without incident, except in Tunceli, Mersin and the Ulus district of Siirt (ibid.; see also Country Reports 2004 28 Feb. 2005, Sec. 2.b). Similarly, in December 2004, approximately 50,000 Kurdish demonstrators gathered in Diyarbakir to support Turkey's membership in the European Union (EU) and to "demand more freedoms" (AFP 12 Dec. 2004). During the demonstration, participants waved flags with Kurdish colours and sang songs in Kurdish without incident (ibid.).

Reports of incidents of threats, violence or arrests of Kurds in Turkey solely on the basis of their ethnic background could not be found among the sources consulted by the Research Directorate.

Implementation of Legislative Reforms

Between 2001 and July 2004, the Turkish government adopted two major constitutional reforms and eight legislative packages (EU 6 Oct. 2004, 15). The legislative measures introduced the following changes which affect the situation of Kurds: the constitutional ban on the use of the Kurdish language was lifted; radio and TV broadcasting in the Kurdish language was legally permitted; Kurdish language education was permitted, and the ban on Kurdish names was lifted (EU 6 Oct. 2004, 18, 49, 55; The Europa World Year Book 2004 2004, 4224; Country Reports 2004 28 Feb. 2005, Sec. 5; Freedom House 2004; AFP 23 Sept. 2003). Country Reports 2004 also indicated that Kurdish-language audio cassettes and publications have also been permitted (Country Reports 2004 28 Feb. 2005, Sec. 2.a).

Sources consulted by the Research Directorate indicate that the implementation of these legislative measures has been slow and uneven, and that in some cases, restrictive conditions have been put in place, often "hindering the objectives initially pursued" (EU 5 Nov. 2003, 13; see also Country Reports 2004 28 Feb. 2005, Sec. 2.a; UK Feb. 2005 3.8.5; Freedom House 24 Aug. 20042004). For example, some radio and television stations have been prevented from broadcasting programs in Kurdish, while some journalists and editors have been penalized for publishing articles that discuss Kurdish issues or defend Kurds (Reporters Without Borders 16 Dec. 2004; see also EU 6 Oct. 2004, 18, 40; Country Reports 2004 28 Feb. 2005). Reporters Without Borders noted in December 2004 that "pro-Kurdish journalists continue to be the target of many kinds of pressure" (16 Dec. 2004), while Freedom House stated that "[j]ournalists are frequet targets of prosecution; criticizing ... Kurdish policy is particularly dangerous" (24 Aug. 2004). In respect of the use of Kurdish names, there continued to be complaints in 2004, though fewer than in 2003, that authorities "prevented parents from registering their children under traditional Kurdish names" (Country Reports 2004 28 Feb. 2005, Sec. 5; see also HRFT Oct. 2004).

Despite these difficulties, important judgements applying the legislative reforms have been handed down (EU 6 Oct. 2004, 26, 40).

In September 2004, the Turkish Parliament adopted a new Penal Code, which was due to enter into force in April 2005 (EU 6 Oct. 2004, 16, 24). Reporters Without Borders reported on 4 April 2005 instead of April 2005, the Penal Code will come into force in June 2005. According to Ozgur Politika, a pro-Kurdish Turkish language newspaper, the new Code will prohibit political parties from using any language other than Turkish (5 Jan. 2005). The newspaper reported that the Code provides that any politician who speaks in any language other than Turkish would be liable to a prison term of up to 20 years (Ozgur Politika 5 Jan. 2005). Information corroborating these prohibitions could not be found among the sources consulted by the Research Directorate.

Other Developments

Following numerous bureaucratic obstacles, private Kurdish-language instruction was made available during 2004 in Istanbul and six southeastern cities (Van, Batman, Sanliurfa, Diyarbakir, Kiziltepe and Adana) (Country Reports 2004 28 Feb. 2005, Sec. 5). However, students enrolling in such courses are required to provide documents, including police records, which are not required for other courses (ibid.).

In February 2005, four police officers were put on trial for allegedly murdering a Kurdish man and his child in the province of Mardin (BBC 22 Feb. 2005). Despite being accused of using excessive force, the police officers were re-instated and re-assigned following a period of suspension from duty (ibid.). Information on the status of the trial could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 12 December 2004. "AFP: Thousands of Kurds Demonstrate in Turkey for More Rights, EU." (FBIS-WEU-2004-1212 13 Dec. 2004/WNC)
_____. 23 September 2003. "Turkey Orders Lifting of 'Ethnic' Name Restrictions." (Dialog)

BBC. 22 February 2005. Jonny Dymond. "Turk Police Tried for Kurd Deaths." <http://news.bbc.co.uk/2/hi/europe/4285967.stm> [Accessed 7 Apr. 2005]

Council of Europe (COE). 15 February 2005. European Commission Against Racism and Intolerance (ECRI). Third Report on Turkey. <http://www.coe.int/> [Accessed 7 Apr. 2005]

Country Reports on Human Rights Practices for 2004. 28 February 2005. "Turkey." United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2004/41713.htm> [Accessed 7 Apr. 2005]

The Europa World Year Book 2004. 2004. Vol. II. London: Europa Publications.

European Union (EU). 6 October 2004. Commission of the European Communities. 2004 Regular Report on Turkey's Progress Towards Accession. [SEC (2004) 1201] <http://www.europa.eu.int/comm/enlargement/report_2004/pdf/rr_tr_2004_en.pdf> [Accessed 13 Apr. 2005]
_____. 5 November 2004. Commission of the European Communities. 2003 Regular Report on Turkey's Progress Towards Accession. <http://europa.eu.int/comm/enlargement/report_2003/pdf/rr_tk_final.pdf> [Accessed 27 Apr. 2005]

Foreign Affairs. 1 September 2004. Vol. 83, No. 5. David L. Phillips. "Turkey's Dreams of Accession." (Dialog)

Freedom House. 24 August 2004. "Turkey." Freedom in the World 2004. <http://www.freedomhouse.org/research/freeworld/2004/countryratings/turkey.htm> [Accessed 7 Apr. 2005]

Human Rights Foundation of Turkey (HRFT). October 2004. "Periodic Report." <http://www.tihv.org.tr/eindex.html> [Accessed 7 Apr. 2005]

Ozgur Politika [Neu-Isenburg]. 21 March 2005. "Kurdish Daily Reports Pro-Confederation Newroz Celebrations in Turkey Summary of a Report Carried by Ozgur Politika About the Celebrations Held by Kurds in Various Turkish Cities to Mark Newroz on 20 March." (WNC)
_____. 5 January 2005. "Turkey: New Criminal Code Bans Use of Kurdish by Politicians." (FBIS-WEU-2005-0105 6 Jan. 2005/WNC)

Reporters Without Borders. 4 April 2005. "Reporters sans frontièrs Turquie: L'entrée en vigueur du nouveau code pénal ajournée." <http://fr.news.yahoo.com/050404/226/4ciaj.html> [Accessed 19 Apr. 2005]
_____. 16 December 2004. "Turkey Still Far From European Standards of Press Freedom." <http://www.rsf.org/article.php3?id_article=12096> [Accessed 7 Apr. 2005]

United Kingdom (UK). Immigration and Nationality Directorate (IND), Home Office. October 2004. Turkey Country Report. <http://www.ecoi.net/pub/ds750_03014tur.pdf> [Accessed 13 Apr. 2005]
_____. February 2005. Operation Guidance Notes: Turkey. <http://www.ind.homeoffice.gov.uk/ind/en/home/laws_policy/country_information/operation-guidance/turkey.html> [Accessed 14 Jan. 2005]

Additional Sources Consulted

Internet sites, including: Al Bawaba, Amnesty International (AI), European Country of Origin Information Network (ECOI), Human Rights Watch (HRW), Integrated Regional Information Networks (IRIN), International Helsinki Federation for Human Rights (IHF-HR), Kurdistan Observer, MAZLUMDER, MidEast Web Gate Way, Middle East Times (Online), Radio Free Europe/Radio Liberty (RFE/RL), TurkishPress.com, World News Connection (WNC), Zaman.

Topics: Kurd,