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U.S. English Foundation Research TURKEY
Language Research1. Legislation: Legislation dealing with the use of languages The Constitution of Turkey, adopted November 7, 1982 Foreign Language Education and Teaching Law (No.2923) The Law concerning the Founding and Broadcast of TV and Radio (No.3984, April 13, 1994) Political Parties Law (No.2820, April 26, 1982) Press Law (No.5680, July 15, 1950) The law concerning fundamental provisions on elections and voter registries No. 298, adopted on April 26, 1961 Provincial Administration Law No. 5442, adopted on June 10, 1949 Note: In accordance with the 1923 Treaty of Lausanne, in Turkey there are “Turkish nationals belonging to non-Moslem minorities”. These are Greek Orthodox, Armenians and Jews and they are known as “religious minorities” in Turkey. Articles 37-45 of the 1923 Treaty determine the rights of those non-Moslem. Article 45 states that: “The rights conferred by the provisions of the present Section on the non-Moslem minorities of Turkey will be similarly conferred by Greece on the Moslem minority in her territory.” Updated (October 2001) In October, the Turkish Parliament adopted 37 changes to the constitution to strengthen the freedom rights of the individuals and thus to meet the expectation from the European Union to fulfill the accession criteria. As far as Kurdish language is concerned, the law which prohibited “spreading of thoughts in a legally forbidden language” was abolished and Kurdish can now be introduced in television and radio. But Ms Pervine Jamil, President of the Kurdish Information and Liason Office in Brussels, argues that this abolishment is not enough. “ With the constitutional change they erased the article saying that Turkish is the official language, and people can now use another language in everyday situations as long as they are not promoting separatism. But they did not replace the old rule with another law, stating openly that Kurdish language can be freely spoken and written in broadcasting.” According to her there is still a long way to go and it will take a very long time because Turkish mentality is not prepared for the democracy even if it concerns 15 million Kurds living in Turkey. Updated (October 2002) The Official Gazette of the Republic of Turkey has recently made public a regulation according to which the use of languages other than Turkish will be allowed in education. This is another reform undertaken by Turkey as a result of the requirements put forward by the EU concerning the future membership of this state. The process of opening to language plurality will be limited to the private courses only. It should be noted, however, that at the beginning of this year a number of students were imprisoned after having manifested their support to the education in the Kurdish language, though they were acquitted after the approval of these new regulations. Source: Mercator News, http://www.troc.es/ciemen/mercator/index-gb.htm, September 2002 Updated (May 2003) TURKEY PLANS TO LIBERALIZE ITS LANGUAGE POLICY TOWARDS NON-OFFICIAL LANGUAGES The Turkish Government will soon submit to the Grand National Assembly a fourth harmonization package, which further liberalizes language policy towards non-official languages. The improvements of linguistic rights include the following:
Source: Mercator News, April 2003, http://www.ciemen.org/mercator/index-gb.htm Updated (June 2003) TURKEY IMPROVES MINORITY LANGUAGE RIGHTS WITH A VIEW TO EU-ACCESSION On June 19, the Turkish Parliament adopted the 6th harmonization package, including articles, which allow private radio and television stations to broadcast in non-official languages, as well as to register the personal names in non-official languages. This package also reduces ban on media organizations during elections and eases censorship on audiovisual products, such as songs and movies. This step is aimed to comply with the political criteria for EU-membership, which requires respect for and protection of national minorities. The Turkish Government will vote about another set of reforms before the Parliament's summer recess to finish legislative changes by the end of this year and to concentrate on their implementation throughout 2004. Though EU leaders (who met in a summit in Thessaloniki, Greece, on June 19-21), praised Turkey for its reform efforts so far, they called on the Government to do more. Likewise, the European Parliament adopted a resolution at the beginning of June, where it welcomes Turkey's progress towards the membership. However, it urges Turkey to respect minority languages and religions and, in particular, to build a more relaxed and constructive relationship with its citizens of Kurdish origin. It also calls for effective access for all people, irrespective of their origin, to radio and television broadcasting and education in Kurdish and other non-Turkish languages. Source: Mercator News, June 2003, http://www.ciemen.org/mercator/index-gb.htm Updated (July 2003) THE TREATY OF LAUSANNE The Treaty of Lausanne (signed with Turkey on July 24, 1923) recognized only non-Muslim groups as minorities in Turkey and allowed them to manage their own churches, schools and hospitals. The rest of the population was assorted as Turkish, what referred to “an upper identity, an umbrella concept” or “a legal status” according to the Turkish authorities. In the 1927 general Census, fourteen linguistic and seven religious groups were registered. In 1965, more detailed categorization was made when besides Turkish, thirteen languages spoken by Muslim groups; three languages spoken by non-Muslim minorities; seven Slavic languages; three Latino languages and three Anglo-Saxon languages were registered. The Turkish policy on recognizing non-Muslim groups as minorities has not changed significantly. Although the new government, elected in November 2002, on the one hand diverged notably foreign policy from the traditional lines, on the other hand, it did not accept non-Muslim groups to be minorities in Turkey. Thus, in the recent language reforms, the term “minority languages” is not used. Non-official languages are classified as “the different languages and dialects used traditionally by Turkish citizens in their daily lives.” However, according to the international documents, enjoyment of cultural rights does not depend on the recognition of minority status. In this respect, the situation of non-Muslim groups, whose rights have been recognized under the Treaty of Lausanne, should be distinguished from the linguistic situation of Muslim groups. Article 39 No restrictions shall be imposed on the free use of any language by any Turkish national in private intercourse, in commerce, religion, in the press, or in publications of any kind or at public meetings. Notwithstanding the existence of the official language, adequate facilities shall be given to Turkish nationals of non-Turkish speech for the oral use of their own language before the courts. Article 41 states As regards public instruction, the Turkish Government will grant in those towns and districts, where a considerable proportion of non-Moslem nationals are resident, adequate facilities for ensuring that in primary schools the instruction shall be given to the children of such Turkish nationals through the medium of their own language. This provision will not prevent the Turkish Government from making the teaching of the Turkish language obligatory in these schools. CONSTITUTIONS The political model of the nation is described in all three of Turkey's Constitutions. Article 88 of the 1924 Constitution stated: In Turkey, from the citizenship point of view, everyone is a Turk without regard to race or religion. Article 54 of the 1961 Constitution stated: Every individual who is bound to the Turkish state by ties of citizenship is a Turk. Article 66 of the present Constitution, adopted in 1982, states: Everyone bound to the Turkish State through the bond of citizenship is a Turk. OTHER LEGISLATION The languages of the Muslim groups have not enjoyed special protection under the law. In 1925, the Ministry of Education issued a proclamation on “Currents Trying to Undermine Turkish Unity” that banned the use of the terms describing minority communities and the areas they inhabit (Cerkez, Kurdistan and Lazistan). A failure to speak Turkish began to be seen as an impediment to a nation building. In 1928, the Student Society of Istanbul University started a campaign called “Citizens speak Turkish.” In 1934, the law requiring surnames to be in Turkish came into force. In 1935, the Law on Compulsory Settlement was passed giving Turkish-speaking immigrants more freedom to choose their place of settlement. In 1949, the Provincial Administration Law gave the Ministry of Interior the right to change village names that were not in Turkish. However, Turkish democracy suffered further crises afterwards. The Constitution was replaced in 1982, following military intervention in 1980. The new Constitution, which is still in force, has often been criticized for its broad restrictions on fundamental rights and freedoms. At the end of 1983, the military left power. The measures introduced during this period included Law No. 2932, which prohibited the use of languages other than Turkish as the mother tongue and activities to publicize other languages. Although one of these laws, the Law on Publications and Broadcasts in Languages Other than Turkish (Law No. 2932 of 1983) was repealed and publishing in non-official languages became legally unrestricted in 1991, the constitutional basis for such prohibitions remained. The Political Parties Law, the Law on the Founding and Broadcasts of Television and Radio, the Foreign Language Education and Teaching Law, the Law on Fundamental Provisions of Elections and Voter Registries and the Provincial Administration Law, all included articles restricting the use of non-official languages. For example Article 81 of the Political Parties Law prohibited political parties with: The goal of destroying national unity or engaged in activities to this end, by means of protecting, developing, or disseminating languages or cultures other than the Turkish language and culture through creating minorities in the Republic of Turkey. The Law amending several Articles of the Constitution (Law No. 4709, dated October 3, 2001) was published in the Official Gazette on October 17, 2001. It covers 35 Articles, two of which aim to remove restrictions on the use of different languages and dialects. According to Article 9 of this law the sentence, “No language prohibited by law shall be used in the expression and dissemination of thought” is deleted from Article 26 of the Constitution. Likewise, according to Article 10, the second paragraph of Article 28 of the Constitution stating, “Publications shall not be made in any language prohibited by law” is deleted. Article 42 of the Constitution, which reads, “No language other than Turkish shall be taught as a mother tongue to Turkish citizens at any institutions of training and education.” remained intact. The second step taken in the area of linguistic rights was passing of Law No. 4771 by the Turkish Grand National Assembly on August 3, 2002. This Law amending various laws was published in the Official Gazette on August 9, 2002. It contained two articles enabling broadcasting in non-official languages and allowing private courses to teach non-official languages. Article 8 enables broadcasting in non-official languages by adding the following provision to Law No. 3984 (the Law on Establishment and Broadcasting of Radio Stations and Television Channels), dated April 13, 1994: Furthermore, there may be broadcasts in the different languages and dialects used traditionally by Turkish citizens in their daily lives. Such broadcasts shall not contradict the fundamental principles of the Turkish Republic enshrined in the Constitution and the indivisible integrity of the state with its territory and nation. The principles and procedures for these broadcasts and the supervision of these broadcasts shall be determined through a regulation to be issued by the Supreme Board.1 Article 11 caused another significant change in the area of linguistic rights when it amended the Foreign Language Education and Teaching Law (No. 2923), dated October 14, 1983, by changing its name and purpose to include learning of different languages and dialects used by Turkish citizens. The following paragraph was also added to Article 2: Private courses subject to the provisions of the Law on Private Educational Institutions No. 625 dated June 8, 1965 can be opened to enable the learning of the different languages and dialects used traditionally by Turkish citizens in their daily lives. Such courses cannot be against the fundamental principles of the Turkish Republic enshrined in the Constitution and the indivisible integrity of the state with its territory and nation. The procedures and principles related to the opening and regulation of these courses shall be undertaken through a regulation to be issued by the Ministry of National Education. With the amendment to Law No. 2923, the legal obstacle preventing learning of the different languages and dialects used traditionally by Turkish citizens in their daily lives was removed. Nevertheless, the first sentence of Article 2, which stipulates, “The mother tongues of Turkish citizens can not be taught in any language other than Turkish” remained intact. After lifting the prohibitions and preparing the legal basis for use of the mother tongue in broadcasting and education, two regulations were issued to set forth the rules for implementing these changes. The By-law on the Learning of Languages and Dialects Used Traditionally by Turkish Citizens in their Daily Lives was drafted by the Ministry of Education and published in the Official Gazette on September 20, 2002. The draft was based on Law No. 625, which regulates opening, and functioning of private education courses. The regulation consisted of 5 Sections and 16 Articles. The by-law stipulates that courses teaching non-official languages could be established once they had fulfilled the required conditions and had received the permits issued by the Ministry. According to Article 7, “The personnel appointed to these courses has to have Turkish citizenship and fulfill the qualifications required by Law No. 625.” Article 8 allows Turkish citizens with at least primary-level education to register on the courses. Persons under 18 years of age can be registered with the permission of parents or legal guardians. According to Article 10, the course syllabus has to be approved by the Ministry and the list of trainees is to be submitted to the Director of National Education. The article also stipulates that the course syllabus should only cover the learning of non-official languages. The Regulation on the Language of Radio and Television Broadcasts was prepared by the Supreme Board of Radio and Television and published in the Official Gazette on December 18, 2002. The regulation consists of 4 Sections and 11 Articles. Article 4 declares, “The main language of broadcasts is Turkish.” Article 5 allows broadcasts in non-official languages, “Broadcasts can also be made in the different languages and dialects traditionally used by Turkish citizens in their daily lives.” It specifically stipulates, “No broadcasts can be made towards the teaching of these languages and dialects.” Furthermore, “The duration of radio broadcasts in these languages and dialects shall not exceed 45 minutes per day and a total 4 hours per week. TV broadcasts shall not exceed 30 minutes per day and a total of 2 hours per week. TV broadcasts shall be accompanied by Turkish subtitles, which will fully correspond to the broadcast in terms of timing and the content. As regards radio broadcasts, a Turkish translation will be broadcast after the program.” According to this article, the broadcasts will be made by the Turkish Radio and Television Corporation (TRT). This article also defines the duration and content of the broadcasts. Article 8 defines the restrictions on the broadcasts in non-official languages as follows, “Radio and Television broadcasts in the different languages and dialects traditionally used by Turkish citizens in their daily lives cannot violate the supremacy of the law; the basic principles of the Constitution; basic rights and liberties; national security; general morality; the fundamental characteristics of the Republic as set out in the Constitution; the indivisible integrity of the state with its country and people; Law No. 3984 and the principles and procedures set out in the regulations based on this law; the requirements foreseen by the Supreme Board and its conditions of permission and guarantees and should be made within the framework of a public service approach.” The last step in the area of linguistic rights thus far was made with the adaptation of the 4th harmonization package by Parliament on January 2, 2003 (see also Update May 2003). With the amendments made to the Law on Associations, the prohibition on the use of languages and scripts other than Turkish in declarations of associations was abolished, in line with the constitutional amendment in Article 26. Using foreign languages in non-official communications and communication with institutions abroad was also permitted by the law. Source: Recent Changes in Turkey's Language Legislation by Dr. Özlem Eraydin Virtanen, Adnan Menderes University, Nazilli, Turkey, 2003, http://www.ciemen.org/mercator/index-gb.htm
1 The Secretariat General for European Union Affairs provided the following justification for the Article: “Amending Article 4 of Law No. 3984 with paragraph (A) has been aimed to enhance cultural life within the scope of individual rights and freedoms, in line with the objectives of the Accession Partnership document and the NPAA of Turkey. This arrangement has secured conformity with the amendments made to Articles 26 and 28 of the Constitution with Law No. 4709. This amendment is also in line with the international conventions of the Council of Europe where Turkey is a founding member and the Copenhagen political criteria.” Updated (February 2004) NEW LEGAL MEASURES ON BROADCASTING AND TEACHING Two legal measures have been recently adopted in Turkey: a Bylaw on Broadcasting in Non-official Languages, enacted on January 25, 2004, and a Regulation on the Teaching of Non-official Languages, adopted on December 5, 2003. These legal measures specify the use of numerous minority languages spoken in the country. The Bylaw on Broadcasting applies both to the public (TRT) and private stations and despite the fact that it allows a certain use of minority languages, it also declares that Turkish is the language of broadcasts and broadcasting only in non-official languages shall not be permitted. It contains the following provisions:
Moreover, the bylaw stipulates in a provisional article that until a profile of the audience is made, only statewide televisions and radios should broadcast in non-official languages. As regards the Regulation on the Teaching of Non-official Languages, unlike the previous regulation of September 2002, the new one does not require the parental approval for the students below 18 years of age allowing the attendance in such courses. However, these students will be allowed to study non-official languages only when they do not fail to attend school, where they learn Turkish. Source: Mercator News, February 2004, http://www.ciemen.org/mercator/index-gb.htm Updated (May 2004) FRESH AIR FOR TURKEY'S ‘OTHER’ LANGUAGES Since June 2003, when the Turkish government adopted a package of legal reforms with a view to meeting the EU accession requirements, a new era of a friendlier political attitude towards linguistic diversity has started in Turkey. Also the recently adopted legal measures on broadcasting and teaching of non-official languages and bringing up of this subject in the political debates demonstrate that the situation has improved. According to a new regulation from November 2003, the long neglected minority languages, such as Kurdish, Circassian, Abkhaz and Laz can be taught in private institutions. Teaching of these languages have been banned since the foundation of the Turkish Republic, in 1923. In spite of this, many Circassian and Abkhaz associations (in Turkey they are generally called “Cerkez” or “Cherkess”) had organized language courses without an official permission and the authorities tolerated them. These courses, however, were of a poor quality and they were usually taken for by untrained teacher. Another innovation permits radio and television broadcasting in minority languages, so long as the Turkish translation or subtitles are provided1. Kurdish certainly is the most widely spoken and politically visible non-official language in Turkey. The other languages, namely Circassian, Abkhaz or Laz, whose presence in Turkey dates back to the forced diaspora after the Russian occupation of the North Caucasus in 1864; however, also do not want to miss their opportunity. They are facing a rapid decline in their social use and transmission to younger generations, which, according to experts, could lead to their total extinction in no more than 50 years. In this respect, an effective and fruitful implementation of these new legal possibilities would be very useful but it can be achieved only with the assistance of trained teachers and modern pedagogical materials. It is also necessary to settle disputes on the script to be used for these languages: either the traditional Cyrillic or Latin alphabet. Source: Mercator News, April 2004, Caucasus Reporting, http://www.ciemen.org/mercator/index-gb.htm and Minelres News, April 2004, Istanbul, by Zeynel Besler, a research student at the School of Slavonic and East European Studies, University of London, http://lists.delfi.lv/pipermail/minelres/2004-April/003288.html
1 Approved in December 2003, by the Radio and Television High Commission, the independent state body that regulates radio and television broadcasting Updated (October 2004) SITUATION OF MINORITIES IN TURKEY EDUCATION Article 42 of the Turkish Constitution states: No language other than Turkish shall be taught as a mother tongue to Turkish citizens at any institutions of training or education, Article 3 states that the language of Turkey is Turkish. These Articles have been used to prevent any minority language education, private or public (with the exception of those minorities recognized under the Lausanne Treaty). Circassions, Kurds and Laz have requested and been repeatedly denied either schools teaching in their respective language, or simply their language being an optional subject in areas where they are a numerical majority. There are no language or literature departments in these minorities' languages at any university in Turkey. Article 40 of the Lausanne Treaty states that non-Muslim minorities shall have the right to establish, manage and control, at their own expense, any schools and other establishments for instruction and education, with the right to use their own language therein. This article gave the Armenian and Greek minorities the right to establish primary, secondary and high schools teaching in their languages. However, in practice, restrictions have been placed on these, particularly Greek-language teachers are in short supply. The approval of Armenian and Greek school textbooks is also long and complicated. The Syriac minority has not benefited from the Lausanne Treaty's protection, despite their requests to be allowed to set up schools. Nevertheless the Constitution has not prevented some private and state educational establishments to teach in English and French. For example, the Galatasaray High School uses French, and the Middle East Technical University (ODTU), the Boðaziçi University and some private universities use English. The Foreign Language Education and Teaching Law, amended on August 9, 2002, has made significant progress in this situation. This law and the regulation on its implementation theoretically facilitate learning of different languages and dialects used traditionally by Turkish citizens in their daily lives. However, the law still does not explicitly protect the language rights of minorities and it is hedged about with many restrictions on teaching including the following clause: These restrictions do not apply to education in English or French. POLITICAL PARTIES AND REPRESENTATION IN THE PARLIAMENT Under the Turkish electoral system, political parties must gain at least 10 percent of the national vote to enter the Parliament1. This high threshold, (the highest recorded by the OSCE), discriminates particularly against Kurdish parties, which are largely regionally based and have strong support in their community. Although the pro-Kurdish political party DEHAP (Democracy Party) got more than 6 percent of the total national vote in the last general elections in November 2003 (and more than 45 percent in the five largely Kurdish provinces), they have no seats in the Parliament. There are significant provisions in Turkish law prohibiting political activities based on or demanding minority rights. Article 81 of the Law on Political Parties (Law No. 2820, adopted on April 26, 1982) on the Prevention of the Creation of Minorities prohibits political parties from claiming that minorities exist in the Turkish Republic based on national, religious, confessional, and racial or language differences. PROHIBITION TO USE MINORITY LANGUAGES IN POLITICAL ACTIVITIES The Law on Political Parties attempts to prevent the use of minority language in politics. Article 81(b) of the Law prohibits using a language other than Turkish: in writing and printing party statutes or programs; at congresses; at meetings in open air or indoor gatherings; at meetings and in propaganda; in placards; picture, phonograph records; voice and visual tapes; brochures and statements. However, the article allows the translation of party statutes and programs into foreign languages other than those forbidden by the law. This restriction distinguishes between foreign and minority languages, and it is particularly discriminatory against pro-Kurdish parties, whose voters often do not speak Turkish. The Ankara State Security Court opened an investigation against thirteen executive board members of the HAK-PAR, a pro-Kurdish political party, for speaking in Kurdish during their party congress, using posters written in Kurdish and sending invitations in Kurdish to the President of Turkey. The President of DEHAP was investigated for saying "goodbye" in Kurdish during an election meeting. Another restrictive clause is Article 58 of the Law Concerning Fundamental Provisions on Elections and Voter Registries (Law No. 298, adopted on April 26, 1961) forbidding the use of languages other than Turkish in propaganda disseminated via radio or television as well as in other election propaganda. Source: Minority Rights Group International, Minorities in Turkey, Submission to the European Union and the Government of Turkey, July 2004, http://www.minorityrights.org/admin/download/pdf/MRG-TurkeySub.pdf 1 Only two political parties sit in the current parliament; the government's Justice and Development Party (AKP) and the People's Republican Party. Updated (October 2004) USING PLACE NAMES IN A MINORITY LANGUAGE Article 2 of the Provincial Administrative Law (Law No. 5442, adopted on June 10, 1949) imposes restrictions on place names. The Article states: Village names that are not Turkish and give risk to confusion are to be changed in the shortest possible time by the Ministry of Interior after receiving the opinion of the Provincial Permanent Committee. The Article has been used to change the place names that were in languages other than Turkish. However, minorities say that they still use the former ones and they wish to see place names both in their language (at least at entering and exiting the cities) and in Turkish. Source: Minority Rights Group International, Minorities in Turkey, Submission to the European Union and the Government of Turkey, July 2004, http://www.minorityrights.org/admin/download/pdf/MRG-TurkeySub.pdf Updated (November 2004) MINORITY LANGUAGES IN TURKEY STILL RESTRICTED According to the European Commission's 2004 Regular Report on Turkey's progress towards accession from October 6, 2004, the use of minority languages is still considerably restricted particularly in the area of broadcasting and education. The Turkish Constitution was amended to lift the ban on the use of Kurdish and languages other than Turkish and some legislative changes were also introduced allowing for radio/TV broadcasting in and teaching of the Kurdish, Circassian, Bosnian, Arabian, Armenian and Greek languages, although on a restricted scale. The authorities have been especially tolerant towards the Kurdish language and culture. In the judiciary, efforts have been made to implement the introduced political reforms and to comply with international human rights conventions as well as with the standards of the European Court of Human Rights. Higher judicial bodies overruled decisions, which had banned the use of the Kurdish language in campaigns for local elections, during press conferences or on posters. However, there are still restrictions on the use of languages other than Turkish by political parties. Concerning the media, the new legislative measure from January 2004 (replacing the older one from 2002) was finally implemented in June, after some delay. However, this implementation is still rather restrictive (only certain types of broadcasts allowed, strict time limits, strong conditions and requirements, etc.). The Broadcasting Law is frequently invoked in order to impose heavy penalties, including the suspension of a broadcasting license. Finally, the 2003 Regulation on Teaching in Different Languages and Dialects used Traditionally by Turkish Citizens in their Daily Lives has guaranteed some improvements in the field of education. As a result several Kurdish language schools were opened recently in the Southeast of the country (and in Istanbul). Although these are not subsidized from the state, there are still restrictions concerning the curriculum and timetable and the appointment of teachers. Source: Mercator News, October 2004, http://www.ciemen.org/mercator/index-gb.htm Updated (November 2007) A NEW MINORITY POLICY IS NEEDED IN TURKEY The European Commission still argues that Turkey should grant specific rights to certain Turkish citizens, on the grounds of their ethnic origin, religion or language, to safeguard their cultural identity. Under the Treaty of Lausanne, Turkey recognizes only the Armenians, the Greeks and the Jews, as minorities. These groups are, however, recognized only as religious – not ethnic – minorities. All other minorities have been granted no formal recognition as minority groups and deprived protection of their rights as communities, despite de facto tolerance of some of their communal activities. The EU Commission thinks Turkey should draw more attention to granting sufficient rights particularly for the Kurdish population in the southeast. The legal reforms of the past few years have lifted some restrictions on instruction of minority languages, and the ban on broadcasting in some minority languages, but under many conditions and only in a few languages. Regarding education, the instruction in minority language is legal only in private educational institutions and under strict conditions. In case of the Kurds, there are no opportunities for them to learn the Kurdish language either in public or private schools. All Kurdish courses were terminated in 2004. The limitation in the use of the Kurdish language amounts to a limitation of the Kurds' freedom of expression. While some progress has been made in language rights – for example, letters that appear in the Kurdish alphabet but not in the Turkish one are no longer banned from print – Turkish authorities still continue to hinder the Kurds from using their language when it may reflect some ethnic pride. For example, a specific law prevents the use of minority language in politics. The Law on Political Parties prohibits using a language other than Turkish “in writing and printing party statutes or programs; at congresses, at meetings in open air or indoor gatherings; at meetings and in propaganda; in placards, picture, phonograph records, voice and visual tapes, brochures and statements.” Moreover, time restrictions apply to programs broadcast in languages other than Turkish and all broadcasts must be subtitled or translated into the Turkish language. Not only the Kurds but also the Circassians and the Laz suffer from the language restrictions. The Circassians appear to have lost – among other bits of cultural identity – their language (the younger generation no longer speak their mother tongue). Due to Turkish policies on hindering minority languages, it is most difficult for Circassians to rescue their language. They insist that permission to give private language courses is not sufficient to save the language – it is crucial that the Turkish Government supports the opening of Circassian language schools. The Laz are also suffering from Turkey's policies of assimilation in terms of language restrictions. Whereas Turkey approved the broadcasting of programs in minority languages in 2002 – a move which resembled more a symbolic gesture towards the EU than a genuine reform in favor of its minorities – it only authorized the broadcasting of the programs in five minority languages: the two Kurdish dialects of Zaza and Kurmanci, Arabic, Bosnian, and Circassian. The Laz language was not authorized. Then, in 2004, the state sanctioned a daily program called “Our Cultural Richness” on TRT-INT, the national television, but still excluded the Laz language. The EU Commission underlines the need for a new approach Turkey should make towards all minorities living in its territory. Source: Turkish Daily News, November 5, 2007 www.turkishdailynews.com.tr and The International Helsinki Federation for Human Rights, Turkey: A Minority Policy of Systematic Negation, October 2006 www.ihf-hr.org/viewbinary/viewdocument.php?doc_id=7081 Updated (November 2007) CONTROVERSIAL ARTICLE 301 OF THE PENAL CODE TO BE AMENDED The Turkish Government has advised that they will be amending the controversial Article 301 of the Penal Code on denigration of Turkishness, the Republic, and the foundation and institutions of the State. Under the law, which has been blocking Turkey's path towards EU membership, those who denigrate Turkey, or who insult its institutions, can be sentenced to up to three years in prison. It has been used often to prosecute intellectuals and journalists who have expressed any criticism of the State's practices. The announcement of amending the law was revealed after the European Union presented its annual report on Turkey's progress towards EU membership, in which it said Turkey must make “significant further efforts” on freedom of expression as well as on preserving minority rights. Source: Mercator Legislation, Mercator Newsletter No.35, November 2007 http://www1.fa.knaw.nl/newsletter2007/MERCATORnewsletter35.htm#ml1 Updated (April 2008) A NEW LANGUAGE PROVISION TO THE NATIONAL TELEVISION LAW A provision allowing languages other than Turkish in broadcasting has been added to the Law of Turkish National Television. The provision reads as follows: “broadcasts of the institution are made in Turkish; however, broadcasting in other languages is also possible on condition that they are not against laws”. This move paved the way for a television channel broadcasting in Kurdish. The Prime Minister Tayyip Erdoðan promised that this channel be opened within the scope of the investment of $12 billion to South Eastern Anatolia region. Source: The Sabah, National News, April 12, 2008 http://english.sabah.com.tr/E8E2C8248BB347B1BFC4D54771711693.html Updated (June 2008) LAW ALLOWS TV-BROADCASTING IN DIFFERENT LANGUAGES The Turkish Parliament has recently passed a law to launch a new channel on the state-run TRT, which will broadcast programs in Kurdish and other languages, including Arabic and Farsi. Turkey allowed limited broadcasting in different languages in 2002. The first broadcasts came two years later when the state television began broadcasting documentaries and news in two Kurdish dialects for a half-hour per week. Source: Hürriyet, English News, May 30, 2008 http://www.hurriyet.com.tr/english/turkey/9055175.asp?gid=231&sz=71760 Updated (August 2008) NEW LIGHT TO KURDISH BROADCASTING The ruling Justice and Development Party have drafted a new national program to conform its legislation with the EU acquis1. It includes revision of the regulations on radio and television broadcasting in languages other than Turkish both in state and private media by 2010. This means that in addition to the state-owned TRT already allowed broadcasting on one of its channels solely in Kurdish, private channels will be able to broadcast their programs in Kurdish if the Radio and Television Supreme Council permits it. This language issue is extremely sensitive in Turkey. Until 2002, it was forbidden to broadcast in other languages than Turkish. In the same year, however, the Supreme Council authorized radio broadcasts in Kurdish or other regional languages limiting their airtime – radio broadcasts could not exceed 45 minutes per day and television could broadcast in Kurdish up to 30 minutes a day. Although the regulation also included a clause allowing private channels to broadcast in languages other than Turkish, only limited permission has been given so far to such channels. Source: Turkish Daily News, Turkish Press Scanner, August 25, 2008 Cumhuríyet http://www.turkishdailynews.com.tr/article.php?enewsid=113508 1The term acquis communautaire, or EU acquis, is used in European Union law to refer to the total body of EU law accumulated thus far. (Source: http://encyclopedia.thefreedictionary.com/Acquis) |
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