Recognition of linguistic rights?
This report presents the findings of a fact-finding mission to Turkey sent by Kurdish Human Rights Project (KHRP) and the Bar Human Rights Committee of England and Wales (BHRC) in July 2005 to investigate the current status of protection for linguistic rights. The mission held numerous interviews including with representatives of human rights organisations, media, bar associations, political parties, unions and organisers of linguistic courses.
The mission investigated the practical implementation of linguistic rights and mother tongue legislation enacted by the Turkish government in an effort to meet EU pre-accession criteria. The mission examined the efficacy of the new language courses in Kurdish, as well as assessing overall linguistic freedom and the progress of court cases against high profile unions.
The mission found that despite claims by the Turkish Government that reforms now allowed for linguistic freedom, the actual implementation of these reforms was scattered and ineffectual in practice. Other laws were often used to thwart the limited progress made by liberal reforms. Some of the new legislation was found to be actually more restrictive in practice than previous legislation. Overall, linguistic rights are still severely limited in Turkey, and the expression and use of these rights often invites scrutiny, suspicion and legal harassment from the authorities.
Kerim Yildiz
Executive Director, KHRP
Mark Muller
Vice-Chair, BHRC
Kariane Westrheim
Chair, EUTCC Table of Contents
Foreword / 7
Introduction / 9
Overview of Reforms Affecting Linguistic Rights / 15
Linguistic Rights: / 19
1. Human Rights Organisations / 19
2. Media / 21
3. Bar Associations / 24
4. Political Organisations / 25
5. Trade Unions / 27
6. Kurdish Language Courses and Publishing Institutions / 35
Conclusion and Recommendations / 41 For most citizens of the world, the right to speak and write in their mother tongue, the language of their parents and forefathers is a commonly accepted right. For the Kurds of Turkey, however, this is a right that has long been denied, and for which they have been persecuted for decades. The ability to speak in Kurdish was only recently granted, and is still significantly limited in practice.
The main concentration of Kurds is in the mountains of the Zagros range where Iran, Iraq and Turkey meet. The Kurds are descendants of Indo-European tribes who settled among the aboriginal inhabitants of the Zagros Mountains in various epochs, but most probably during the second millennium BC. This region has been referred to as ‘Kurdistan’ since the Turkish Saljuk Prince Saandjar created a province by that name in the twelfth century.
This region was most recently carved into four political boundaries in the aftermath of World War One into the nation-states of Turkey, Iraq, Iran and Syria. The Kurds form potent minorities in each of these countries, and as a result, have faced persecution and discrimination in much of the region. In particular, Turkey views the expression of minorities to be a threat to the integrity of the nation-state and Turkish identity, and as a result has systematically repressed Kurdish identities since the founding of the State. Recognition of linguistic rights?
The impact of pro-EU reforms in Turkey
Fact Finding Mission
September 2005
Kurdish Human Rights Project
Bar Human Rights Committee of England and Wales
EU-Turkey Civic Commission
Kurdish Human Rights Project
2 New Burlington Place
London
W1S 2HP - UK
Tel: +44 (0)20 7287 2772
Fax: +44 (0)20 7734 4927
khrp@khrp.org
www.khrp.org
Kurdish Human Rights Project (KHRP) is an independent, non-political, non-governmental human rights organisation founded and based in London, England. KHRP is a registered charity and is committed to the promotion and protection of the human rights of all persons living within the Kurdish regions, irrespective of race, religion, sex, political persuasion or other belief or opinion. Its supporters include both Kurdish and non-Kurdish people.
Bar Human Rights Committee of England and Wales
10-11 Gray’s Inn Square
London
WC1R 5JD - UK
Tel: +44 (0)20 7405 2575
Fax: +44 (0)207831 2430
bhrc@compuserve.com
www.barhumanrights.org.uk
The Bar Human Rights Committee is the international human rights arm of the Bar of England and Wales. It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world. It is also concerned with defending the rule of law and internationally recognised legal standards relating to the right to a fair trial. The remit of the Bar Human Rights Committee extends to all countries of the world, apart from its own jurisdiction of England & Wales.
EU-Turkey Civic Commission
c/o Egil Rafto House Foundation
Menneskerettighetenes plass 1, N-5000 Bergen
Norway
Tel: 47 55 21 09 30
Fax: 47 55 21 09 39
mail@raftohuset.no
www.raftohuset.no
The EU-Turkey Civic Commission (EUTCC) is a non-profit association aimed at monitoring the Turkey-EU accession process and making recommendations to the EU, Turkish government and other stakeholders. It was established pursuant to the findings of the first International Conference on Turkey, the Kurds and the EU held at the European Parliament in Brussels in November 2004, organised by the Kurdish Human Rights Project, Bar Human Rights Committee of England and Wales, Rafto Foundation and medico international
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Printed in Great Britain
September 2005
Published by the Kurdish Human Rights Project
ISBN 1-900175932 | 
