The Legal And Actual Status Of The Kurds With Respect To Domestic
And International Law

"All people have the right to claim the rights and freedoms
outlined in this declaration, without discrimination based on race,
color, gender, language, religion, political or other convictions,
national or social background, property, place of birth, or any
other circumstance."
(Universal Declaration On Human Rights, Art. 2)

"All people are equal in the eyes of the law and are to be granted
equal protection under the law. All have the right of equal
protection from differential treatment, which would violate this
declaration, and from all attempts at differential treatment."
(Universal Declaration On Human Rights, Art. 7)

"All people have the right to access public institutions in their
country under equal conditions."
(Universal Declaration On Human Rights, Art. 21/2)

"All people, as members of society, have the right of social
security and have recourse to domestic measures, international
cooperation under the auspices of this organization, or the
assistance of any state so as to enjoy their worth and the free
development of their personality as guaranteed by their inalienable
economic, social, and cultural rights."
(Universal Declaration On Human Rights, Art. 22)

"1. Member states will condemn racial discrimination and are called
upon to use all their means to defeat the politics of racial
discrimination in all its forms and to cultivate understanding
among races. To this end:
     a. All member states are called upon to reject any agreement
or practice which racially discriminates against persons, groups of
people, or institutions, and to see to it that all state and local
authorities and public institutions are in agreement with these
requirements;
     c. All members states will have the measures and practices of
its public officials tested and will be required to change,
abolish, or invalidate all laws and regulations which racially
discriminate.
2. Member states, if conditions warrant, must take special and
concrete measures in the areas of social, economic, cultural, and
other affairs to protect the adequate development and sufficient
protection of certain racial groups, or their individual members,
so as to insure that they are fully equal with respect to the
enjoyment of human rights and basic freedoms."
(International Agreement On The Eradication Of All Forms Of Racial
Discrimination, Art. 2)

"In states with ethnic, religious, or language minorities, members
of such minorities must not be denied the right, along with other
members of their group, to cultivate their own cultural life, to
practice their own religion, or to speak and learn their own
language."
(International Agreement On Civil And Political Rights, Art. 27)

"We declare that the ethnic, cultural, language, and religious
identity of national minorities must be protected and that members
of national minorities have the right to express, protect, and
further develop their identity in full equality and without
discrimination."
(Paris Charter)

     The Turkish Republic is a member of the United Nations, the
Council of Europe, and the CSCE. It is signatory to all the above-
mentioned declarations, pacts, and agreements. To what degree does
the Turkish Republic abide by these declarations, pacts, and
agreements, as it is required to do at the international level? To
what degree has the Turkish Republic adopted these agreements and
declarations into its national legal system? Does the Turkish
government abide by these agreements? What is the legal and actual
status of the Kurds in Turkey with reference to these international
agreements? In the following report, we will examine these
questions.

I. The Status Of The Kurds In Turkey With Respect To Domestic Law

a. The fundamental rights and freedoms which the Kurds are denied:

1. It is forbidden for Kurds to give their children Kurdish names.

"Parents give names to their children. Names may not be given which
are illegal or which offend or do not represent the nation's
culture, moral values, traditions, or customs."
(Personal Status Law Nr. 1587, Art. 16)

"If an officer determines that the name chosen for the child does
not conform to principles stated in Paragraph 1, he will reject the
name, prepare an appropriate protocol, and enter this into the
family register. At the same time, he will inform the state
prosecutor so that a hearing can be arranged to change the name."
(Enforcement Order On Personal Status Regulations, 8 March 1977,
Nr. 7/13269, Art. 77)

"New family names which are permissible are to be drawn from the
Turkish language. Names from foreign races and nations may not be
used as family names."
(Regulation On Family Names, 24 December 1931, Nr. 2/1759, Art. 5
Section 7)

     As can be seen from the body of Turkish law, Kurds are not
allowed to give their children Kurdish names. Because the existence
of Kurdish people is not tolerated in Turkey, Kurdish names are
viewed as contradicting Turkish national culture. They are seen as
names from a foreign race and nation. In conjunction with this,
thousands of Kurdish names were forcibly changed in the aftermath
of the 12 September 1980 military coup, for example for girls,
Zozan was changed to Suzan, and for boys, Rosan was changed to
Resat. Parents who resisted this were threatened by police and
interrogated. At the present time, name registries in the Kurdish
regions have lists of acceptable names and names are often forcibly
changed as a result of threats.

2. Kurds may not use Kurdish place names for cities and villages.

"Village names which are not Turkish and which should be changed
are to be brought before the provincial council and changed by the
interior minister within the shortest possible time."
(Art. 1 Section D/2 of Provincial Administration Law Nr. 5442 which
went into effect on 10 June 1949)

     The use of the legal to systematically assimilate the Kurds
can be seen from this law of 1949. The names of towns and villages
where Kurds lived were changed to Turkish. This continued until the
point when there were no longer any villages with Kurdish names.
Officials claimed that this was done to prevent confusion, but the
true reason is racism. Today, it is forbidden for Kurds to use
their own Kurdish names for cities, localities, and villages in
public institutions.

3. Kurds may not express their thoughts in their native language,
Kurdish.

"The Turkish state, with its territory and people, is an
indivisible whole. The language is Turkish. These facts may not be
changed, nor may any changes be proposed."
(Constitution Of The Turkish Republic, Art. 3 Section 4)

"The press is free and may not be censored. Printing presses must
not be made dependent through regulations nor financial insecurity.
Publications may not use any language which is prohibited by law."
(Constitutions Of The Turkish Republic, Art. 28)

"Any language which is prohibited by law may not be used to express
or distribute ideas. Printed matter, records, acoustic and video
cassettes, or any other productions can be confiscated on the order
of the authorities if they are in violation of this regulation."
(Constitution Of The Turkish Republic, Art. 26)

     As these articles from the Constitution show, the Kurds are
forbidden to express their thoughts in their own language, because
the expression or distribution of ideas in the Kurdish language is
an attack on the unitary state and its territorial integrity and
such activity is considered separatism in Turkey.
     What the Constitution refers to as language prohibited by law
actually refers to Kurdish, since the Kurdish language was banned
by Law Nr. 2932 following the 12 September 1980 military coup. This
law was repealed by Turgut Ozal, and the international and Turkish
public praised this as a major reform. But the reality does not
match the propaganda of the Turkish government. Under current law,
Turkish prosecutors and police are still able to confiscate Kurdish
music cassettes, videos, and publications simply by claiming that
they aren't able to understand the content and therefore the
content could possibly be illegal. This is allowed for under the
still-valid Law Nr. 2559 and Article 8 of the police code and these
materials are continually confiscated by prosecutors and police.

4. According to Turkish law, the language of the Kurds is Turkish,
not Kurdish. Kurds may not open any schools or course which offer
instruction in Kurdish.

"In educational and learning institutions, Turkish citizens may not
use any language other than Turkish as their native language or in
classroom instruction."
(Constitution Of The Turkish Republic, Art. 42)

"Turkish citizens may not have learned any other language besides
Turkish as their native language."
(Law Nr. 2923 concerning foreign language instruction, Art. 2a)

"Foreign languages which may be taught in Turkey are to be
determined by ministerial decision through the National Security
Council."
(Law Nr. 2923 concerning foreign language instruction, Art. 2c)

     As was mentioned before, Law Nr. 2932 concerning "forbidden
languages" was implemented after the 12 September 1980 military
coup. This law stated that the native language of the Kurds was
Turkish, not Kurdish. As was mentioned above, this law was repealed
during a series of "Kurdish reforms", causing quite an uproar, but
the above-mentioned law concerning foreign language instruction,
Law. Nr. 2923, is still effect. Under this law as well, the native
language of the Kurds is Turkish, not Kurdish, thereby showing once
again the insincerity of the Turkish government.
     According to this law, no Kurdish-speaking schools or learning
institutions may be established. For example, the "Upper
Mesopotamian Cultural Centre" in Istanbul established a Kurdish
language course for its members. This course was banned by the
Governor and the Education Ministry in February 1992 on the orders
of the National Security Council.
     For more than 100 years, there have been Greek and Armenian
schools in Turkey. Many schools teach courses in English, French,
and German, and no special permits are required for these courses.
But Kurdish language courses and Kurdish schools must be approved
by the National Security Council and the Council of Ministers.
According to Turkish law, Kurdish is not a language which is spoken
in Turkey, rather it is a foreign language, because according to
official Turkish policy there are no Kurds in Turkey.
     State institutions have regulated Greek and Armenian schools
according to the clauses of the Treaty of Lasuanne which deal with
minorities in Turkey. Because this treaty did not foresee a
minority status for Kurds (since the Kurds are not an official
minority), Kurds are prohibited from teaching their own language in
schools and from organizing Kurdish language courses. Officially,
Kurds are not a minority, rather they are an integral part of the
state. In other words, they are a fixed part, not a minority,
meaning that Kurds have no language and may not speak Kurdish,
rather they must abandon their language and identity and become
assimilated so that they can be an integral part of the state!

5. No one in Turkey may claim that Kurds exist as a separate people
or minority.

"All forms of written and oral propaganda, including gatherings,
demonstrations, or protest marches, which have as their aim the
destruction of the territorial and national integrity of the
Turkish Republic, are prohibited. Any violation of this will result
in a prison term of 2-5 years and a fine of 50-100 million TL."
(Anti-Terror Law Nr. 3713, Art. 8)

"Anyone who commits a crime on behalf of a terrorist organization,
even without being a member of such an organization, will be
treated as a terrorist and will punished in the same manner as a
member of that organization."
(Anti-Terror Law Nr. 3713, Art. 2/2)

     The two-facedness and lies of the Turkish government can be
clearly seen in these articles. It is true that Turgut Ozal
repealed Articles 141, 142, and 163 of the old criminal code, an
act which the Turkish and European public praised as a major reform
and a remarkable display of democratization. Sections 2 and 3 of
the discarded Article 142 stated that "the thoughts of Kurdish
nationalists are a form a separatism" and proposed heavy sentences.
After Article 142 was abolished, however, the content of this
article was simply transplanted into the Anti-Terror Law which made
certain forms of expression criminal offences. In other words, the
crime of Kurdish expression was abolished and then a new law was
passed which made the same expression a crime. This shows Turkey's
two-facedness.
     No one is allowed to claim that Kurds exist in Turkey, that
they are people of a different race and ethnic group than the
Turks, that they are a separate nation with a right to self-
determination, or that this people should have its own cultural
rights. According to Turkish officials, such claims are a form of
propaganda which contradict the national and territorial integrity
of the Turkish state. Such claims or propaganda are, therefore,
terrorist crimes and those who spread such propaganda are
terrorists and must be treated as such. In fact, such laws have
resulted in the daily confiscation of books, magazines, newspapers,
and other printed materials in Turkey. Publishers, editors, and
correspondents have been placed on trial. For example, several
editions of the newspapers "Ikibine dogru", "Ulku", "Medya Gunesi",
and "Newroz" have been confiscated and the publishers,
correspondents, and commentators have been put on trial. These
cases are still in court.

6. Kurds in Turkey cannot produce publications in the form of
newspapers and magazines, nor may import publications about the
Kurds which have published in other countries.

     Freedom of the press:

"Anyone who writes or publishes news items or texts which threaten
the foreign or domestic security of the state or the indivisible
unity of the state's territory or people, or which incite people to
commit crimes or launch an uprising or rebellion, or which reveal
state secrets, or anyone who writes or prints news items or texts
with a similar purpose or who distributes them, must answer for
such criminal conduct in accordance with the law."

"Periodic or non-periodic publications may be confiscated if they
are part of an investigation or prosecution of punishable conduct,
or if the appropriate authorities order their confiscation in order
to protect the security of the indivisible unity of the state's
territory and people, national security, public order, general
customs, or to prevent any delay in criminal prosecutions."
(Constitution Of The Turkish Republic, Art. 28 Sections 5 and 7)

"Printing presses and their associated offices and materials which
are operating in accordance with the law may not be confiscated on
the charge of having operated as an accessory to a criminal offence
unless there is a conviction for a criminal offence directed
against the indivisible unity of the state's territory and people,
the fundamental principles of the Republic, or national security."
(Constitution Of The Turkish Republic, Art. 30)

"Presses which produce publications which are guilty of criminal
offences shall be closed down."
(Additional Art. 2 of Press Law Nr. 5680)

"The importation and distribution of published materials which are
produced in foreign countries and which violate the territorial and
national integrity of the state, national sovereignty, the
existence of the Republic, national security, the public and
general order, the public interest, general morals, or the health
of the people can be banned by the decision of the Council of
Ministers."
(Press Law Nr. 5680, Art. 31/1)

     Due to these legal restrictions, it is forbidden to import
publications about the Kurds which are published abroad. Whether or
not the content is criminal or not, the Council of Ministers can
prohibit the importation of publications into Turkey which deal
with the Kurds. The Turkish government often makes use of this
right and the state register is full of lists of publications about
Kurds which may not be imported into Turkey.
     Under these same laws, it is forbidden for Kurds to publish
newspapers and publications in their own language or in Turkish. It
doesn't matter if their content is criminal or not, the police or
state prosecutor can simply confiscate any publication which has to
do with the Kurds.
     Even if a court decision decides that the publication is not
criminal and the publisher or author is acquitted, the publications
are not returned. In praxis, the following occurs: When a
publication which deals with the Kurds is published, it is
immediately confiscated by the police on the grounds that it
violates the "territorial and national integrity" of Turkey. In the
end, the state prosecutor files charges against the authors, the
publisher, and the printer. The police then destroy the confiscated
publications, usually by burning them, before the trial has been
concluded. That's why even if the trial ends in an acquittal, the
publications cannot be returned, because, according to the police,
"we can't give them back because we destroyed them".
     Although publishers in Turkey can't actually be closed down,
publishers which produce works about the Kurds are closed down
under these laws. The government and the Interior Ministry often
make use of this right.

7. Kurds in Turkey cannot produce any theatre works, video
cassettes, musical works, films, etc.

"Films, video cassettes, and musical works must be legally
registered."
(Law Nr. 3257 concerning films, video cassettes, and musical works)

"Any work can be banned or subjected to prosecution which incites
people to commit crimes with respect to the territorial and
national integrity of the state, national sovereignty, the
Republic, national security, the public and general order, or the
public interest, general morals, and health."
(Law Nr. 3257 concerning films, video cassettes, and musical works)

"Indoor assemblies during which plays, films, or video cassettes
are shown which violate the territorial and national integrity of
the state, the Constitutional social order, or general security and
morality can be banned on the order of the highest ranking local
police official."
(Law Nr. 2559 concerning police powers, Art. 8d)

     According to these laws, the production and display of films,
video cassettes, music cassettes, and theatre pieces in Turkey are
dependent on the approval of the Ministry of Culture. It is
forbidden to display such works without first having received a
permit from the Ministry of Culture.
     If producers or publishers create a work in Kurdish and then
seek to get a permit from the Ministry of Culture, permits can be
denied simply on the basis that the works in question violate the
territorial and national integrity of the state. Until now, only
one single Kurdish work has even been granted a permit, and this
was a film of a Kurdish myth performed in Turkish. All other
Kurdish works, which are produced illegally without permits, can be
confiscated and destroyed on the order of the police since they
endanger the "indivisible territorial and national integrity of the
state".

8. Kurds are not allowed to establish radio or TV stations for
Kurdish programming, nor may works in Kurdish be broadcast over
Turkish radio or TV.

"The state has a monopoly over the regulation of radio and TV
transmissions, both domestic and foreign."
(Law Nr. 2954 concerning radio and TV, Art. 4a)

"Radio and TV stations are required to broadcast their programmes
in Turkish."
(Law Nr. 2954 concerning radio and TV, Art. 5f)

"Radio and TV stations are required to keep the content of their
programmes within the Constitutional framework and in line with and
to protect the territorial and national integrity of the state,
national sovereignty, the Republic, and the public order and
interest."
(Law Nr. 2954 concerning radio and TV, Art. 5f)

     As these laws show, there is a state monopoly in Turkey over
all radio and TV stations. Private individuals are prohibited from
establishing and broadcasting radio and TV programmes. Nonetheless,
there are three privately-owned TV stations in Turkey.
     According to these laws, it is forbidden for radio and TV
stations to violate the state's monopoly, and it is illegal to
broadcast private transmissions in Kurdish. In addition to this,
there has never been any accurate radio or TV news about the Kurds,
because it is possible in Turkey to censor news items on the
grounds that they might endanger the "territorial and national
integrity of the state". Because all stations are aware of this
fact, they generally avoid broadcasting reports about the Kurds.

9. Kurds in Turkey are not allowed to establish Kurdish cultural
associations or associations which seek to protect the rights of
the Kurdish population. Existing associations may not carry out any
activities of this kind. Associations may not use the Kurdish
language while conducting their activities.

"It is forbidden to establish associations which violate the
Preamble of the Constitution. Associations may not be established
if their aim is to destroy the 'territorial and national identity
of the state', or if they seek to claim that minorities of
different races, religions, sects, cultures, or languages exist
within the Turkish Republic, or if through the promotion of other
languages and cultures other than Turkish they seek for one
religion, race, class, or group to win privileges over another
group of a certain religion or sect."
(Association Law Nr. 2908, Art. 5)

"Persons who establish associations in violation of Article 5 are
to be punished with a jail term of 1-3 years."

"When drawing up the charter of an association, or during
assemblies in both public and private places, it is forbidden to
use signs, posters, music or video cassettes, brochures, flyers,
publications, etc. in a language which is prohibited by law."
(Association Law Nr. 2908, Art. 6)

"Fundamental rights and freedoms, as spelled out in the Articles of
the Constitution, can be limited through legislation, which is in
conjunction with the letter and spirit of the Constitution, in
order to protect the 'indivisible unity of the state' in both
territory and population, the sovereignty of the people, the
Republican form of state, national security, the public order and
the common good, general customs, public health, or other special
reasons."
(Constitution Of The Turkish Republic, Art. 13)

"Associations may not violate Article 13; (they may not pursue
political goals, engage in political activity, be supported by
political parties, nor operate in conjunction with trade unions or
other labor groups in a public or legal manner). Associations may
be disbanded by a court order under the provisions of the law.
Their activities may be curtailed in order to protect the health of
the state and its 'indivisible territorial and national integrity',
national sovereignty, the public order, the rights and freedoms of
others, or to prevent criminal acts, or they can be stopped
altogether by a court order under the provisions of the law."
(Constitution Of The Turkish Republic)

     Under these laws, it is forbidden in Turkey to establish
associations which seek to promote the Kurdish language or culture,
or even to claim that Kurds live in Turkey and constitute a
minority group within Turkey. Associations which pursue such aims
can be disbanded by a court order and people can be sentenced to 1-
3 years in prison. Until the court case is resolved, the
association in question may be banned under the provisions of the
laws concerning police powers and authority. Furthermore,
associations which already exist may not publish their statutes in
Kurdish. During public and private meetings, no Kurdish posters,
publications, or declarations may be presented.

10. Kurds is Turkey may not form a political party to defend their
rights. Existing political parties must not claim to represent the
interests of a particular people or minority. They are also not
allowed to engage in activities to defend the rights of the Kurdish
people.

"Political parties may not claim that there are minorities of
religion, culture, sect, race, or language in the Turkish Republic.
Political parties may not engage in activities to promote languages
or cultures other than Turkish, thereby seeking to create
minorities which threaten the unity of the nation."

"Political parties may not use any other language than Turkish in
their statutes, programmes, congresses, or rallies. They may not
distribute posters, records, cassettes, videos, brochures, or
statements in any other language than Turkish. Nor can they remain
inactive in the face of such activities. It is possible, however,
to have statutes and programmes translated into languages which are
not prohibited by law."
(Party Law Nr. 2820, Art. 81)

"Statutes and programmes of political parties must not be in
violation of the territorial and national identity of the state,
human rights, the sovereignty of the people, or the principles of
the democratic and secular Republic."
(Constitution Of The Turkish Republic, Art. 68)

"The right to found political parties must not be utilized in order
to violate the fundamental principle of the territorial and
national integrity of the state, as outlined in the Preamble of the
Constitution, to endanger to state or the Republic, to abolish
fundamental rights and freedoms, to harm the state by means of an
individual or a group, to have one class rule over the other
classes, to create inequalities between languages, races,
religions, sects, or geographic regions, or to in any way create a
form of state which is based on these ideas or any type of
dictatorship."
(Party Law Nr. 2820, Art. 5)

     As is clear from these laws, it is impossible to establish a
Kurdish political party in Turkey, one which seeks to represent the
interests and freedoms of the Kurdish people. At the same time,
existing parties may not take the position that there is a Kurdish
people living in Turkey who have the right to enjoy equal cultural
and national rights. Also, no posters, publications, or
declarations may be made in the Kurdish language. Statutes and
programmes may not be published in the Kurdish language, because
such an act would violate the unitary state and would be considered
separatism. This was the reasoning behind the banning of the TBK
(Turkish United Communist Party) by the Constitutional Court,
because the party's statutes and programme mentioned the existence
of the Kurdish people.

11. Kurdish youths in Turkey are forced to become "Turkish and
Kemalist".

"The state will take appropriate measures to secure the growth and
development of youth, who are entrusted to protect our independence
and Republic, in light of the positive knowledge and principles of
Ataturk and his reforms and loyal to the territorial and national
integrity of the state."
(Constitution Of The Turkish Republic, Art. 58)

     As is made clear by the Article above, the Constitution of the
Turkish Republic requires the government to educate youths in the
Kemalist spirit. Naturally, this Article from the Constitution
makes it clear that Kurdish youths are to be educated as Turks and
Kemalists.

12. Kurds cannot become civic officials.

"Persons who have been convicted of crimes against the state,
embezzlement, perjury, or active or passive corruption may not
become civic officials if they were sentenced to terms of 6 months
or more. This is true even if the sentences are suspended. Excepted
from this are negligence offences, even if the sentences are
suspended."
(Officials Law Nr. 657, Art. 17/5)

     The "crimes against the state" mentioned above are actually
those spelled out in Articles 125-172 of the Turkish Criminal Code.
These offences are purely political crimes. In the past, thousands
of Kurds were charged and convicted under these articles, and the
same is true today. Therefore, any Kurds convicted of these
charges, even if the sentences were suspended, cannot become state
officials.
     Even without ever having been charged with any crimes, still
today thousands of Kurds are denied posts as civic officials
because of security checks or police reports, simply because of
their Kurdish heritage.

13. Kurds do not have passports.

"Persons who are forbidden by court order from travelling abroad,
or persons whom the Interior Ministry have denied permission for
foreign travel on security grounds, may not have passports or
travel documents."
(Passport Law Nr. 5682, Art. 22/1)

     At the present time, thousands of Kurdish intellectuals, due
to their ideas, are forbidden from travelling abroad because of
this law. Kurdish intellectuals are not allowed to leave Turkey.

14. Kurds may not be elected to serve as Members of Parliament,
Mayors, Village Elders, or Members of Provincial Legislatures.

"Persons who have been sentenced to crimes according to Volume 2,
Section 1 of the Turkish Criminal Code, or who have been convicted
of inciting other to commit such offences, may not be elected to
public office, even if their sentences were suspended."
(Voting Law Nr. 2839, Art. 11, Section f/2)

"All Turkish citizens who have reached age 25 can be elected to
serve as Mayor or Member of the Provincial Legislature or City
Council, so long as they are not in violation of Article 11 of
Voting Law Nr. 2839."
(Local Elections Law Nr. 2972, Art. 9)

     The crimes mentioned in Volume 2, Section 1 of the Turkish
Criminal Code are political and propaganda offences spelled out in
Articles 125-174. At the present time, thousands of Kurds have been
charged and sentenced for these offences. Even if their sentences
are suspended, the Kurds are not allowed to hold public office.
Kurds who haven't been convicted and who do hold public, if they
acknowledge their Kurdish identity, they will be in trouble. A
trial will be opened against them and, if convicted, the above-
mentioned article allows them to be suspended from office.

a. Activities open for Kurds to participate in:

1. Although contemporary law in Turkey, as illustrated above,
seriously restricts the rights and freedoms of the Kurds, Kurds in
Turkey who deny their identity and accept the lie that there are no
Kurdish people or Kurdish nation in Turkey can become Members of
Parliament, Ministers, civic officials, soldiers, and even military
generals. But if they acknowledge their Kurdish identity they can
do nothing. Then they can just be charged with criminal offences,
like Kurdish nationalism or separatism, and convicted.
Unfortunately, that is the reality for Kurds in Turkey.

2. Kurds in Turkey can denounce fellow Kurds who acknowledge their
identity and turn them into the police. Such conduct is covered in
Article 5/2 of Law Nr. 1481 concerning "the prevention of conduct
which damages the public order". This law states: "Persons may be
rewarded with money for helping to arrest persons who are wanted by
the Interior Ministry for crimes against the indivisible
territorial and national integrity of the state and general
security, or if they give information about such persons or there
whereabouts and thereby help to arrest them."

     These are the only freedoms which the Kurds in Turkey enjoy!

II. Contradictions Between The Legal Status And Reality

     We have tried to convey the present legal prescriptions in
Turkey which regulate the rights and freedoms of the Kurds.
Although domestic law is as described above, there has been a
relative improvement over the last few years with respect to the
status of the Kurds in Turkey contrary to these laws. For the first
time since the founding of the Turkish Republic, 22 people of
Kurdish identity were elected as Members of Parliament. [These
people eventually had their parliamentary immunity lifted and were
charged with "high treason"; some were jailed in December 1994 and
some are in exile. -trans.] For the first time ever, two weekly
papers are being published in Kurdish. Furthermore, for the first
time ever it has been possible for some publications to discuss
Kurdish history and folklore.
     But these improvements have also been exhausted. It would be
a mistake to attribute this progress to the good will and
understanding of the Turkish government. These improvements were
the direct result of continuing Kurdish struggle and international
pressure. It is unrealistic to think that these relative
improvements will endure so long as the laws mentioned in this text
are still in force. It could be that the Turkish government is
tolerating these relative improvements for tactical reasons. The
imprisonment of the Members of Parliament mentioned above needs no
further comment. In the past, Turkey has tolerated minor
improvements for tactical reasons. In the early years of the
Turkish Republic, Kurdish publications were tolerated, but
following the suppression of the uprising led by Sheik Said and the
revolt in Dersim (Tunceli) these were banned forever and Kurdish
identity was officially denied. Therefore, there is no reason to
believe that this old conduct wouldn't return should the armed
Kurdish resistance in Turkey be defeated.

III. The Big Lie: "Kurds In Turkey Are Citizens With Equal Rights"

     As the laws discussed in this text clearly show, there is a de
jure and de facto system in Turkey which denies the identity of the
Kurdish people. This denial hasn't just been the policy of the last
few years, rather it is part of an unbroken 70-year tradition.
     As a cursory look at the Turkish legal system will show, from
the beginning all laws were drafted in such a way so as to prevent
there being any loopholes which the Kurds could make use of, and
special regulations were enacted to ensure that Kurds, people with
a Kurdish identity, could not enjoy their fundamental rights and
freedoms. One example, all but 22 of the 177 Articles of the
Turkish Constitution insure that the Kurds are not allowed to
possess their fundamental rights and freedoms. Of course, neither
the Constitution nor the Criminal Code makes use of the word
"Kurd", rather Kurdish nationality and Kurdish identity are covered
by the notion of that which "violates the territorial and national
integrity of the state".
     Turkey ignores international agreements and treaties. In
addition to its refusal to recognize the existence of its Kurdish
minority, the Turkish government is not even prepared to guarantee
conditions for the Kurdish people which comply with the "Universal
Declaration On Human Rights". This is clearly evident if one
compares sections of international agreements to sections of
Turkish law. Furthermore, a comparison between international and
domestic Turkish law clearly shows that the Turkish government is
practicing a racist form of assimilation politics with respect to
the Kurds. This practice is unique in the world.
     Despite all of these realities, the Turkish government
continues to insist to the world's public that the Kurds in Turkey
are not oppressed, that they are not a minority population, and
that they are citizens with equal rights. These lies are
shamelessly told to the world's public. No one is allowed to reply
and accuse the Turkish government: "What sort of equal rights is it
that you practice?" The Turkish state exists and it has Turkish
schools which teach the Turkish language, political parties, radio
and TV stations, and national institutions. The Kurds, on the other
hand, have nothing, not even their own identity. What kind of equal
rights is that? How can such citizens be called equal? Where else
in all the world is there a situation like this? These questions
must be asked of the Turkish government.
     The fact is, the Turkish government can sum up its policies
with respect to the Kurds in Turkey with the following sentence:
"DESTROY THE MILITANT ELEMENTS, ASSIMILATE THE REST." In other
words, destroy the Kurds and kill all those who resist, the rest
can be dealt with through the process of assimilation. Those that
remain will be Turkified and will no longer have a Kurdish
identity. Then there will no longer be a Kurdish problem. That is
the foundation of Turkey's policies against the Kurds.
     Up until now, there has been no end to these practices.
Neither Ozal's statement that "there are 12 million Kurds in
Turkey" nor Demirel's claim that "we have recognized the Kurdish
reality" have resulted in any change of the policies mentioned
above. This is because Kurdish policy in Turkey is not dictated by
the President, the Prime Minister, or the Turkish Parliament, but
rather by the Turkish army, the Turkish secret service (MIT), and
the Special War Department. This has always been the case, and
things are no different today.
     In short, that is the status of the Kurds in Turkey.


Translated by the Kurdistan Committee of Canada.