A/55/280/Add.1
the Alawi rite, in the field of religious and ethical
education, for example, but also in the organization and
operations of the Department of Religious Affairs.
129. Thus, despite the proclaimed secular nature of the
State, the treatment of Islam in Turkey, as described
above, tends to give a quasi-official status, or at least a
sufficiently prominent position, to Hanafi Islam.
Secularism, the cornerstone of the Turkish State, also
appears to be compromised by the optional mention of
religion on identity cards, and by compulsory religious
and ethics
instruction.
Consistent
with
the
jurisprudence of the Commission on Human Rights, in
its General Commentary No. 22 (48), the Special
Rapporteur is not to pronounce himself on any State’s
system of government, whether theocratic or secular,
but on its implications in terms of respect, i.e. nonviolation, of rights pertaining to religion, belief and the
status of minorities. In this light, there are indeed
problems of varying degrees of importance, as
described above.
130. On this point, the Special Rapporteur considers it
essential that the jurisprudence of the Turkish
Constitutional Court relating to secularism should be
clearly and fully reflected in State policy concerning
religion, in order to prevent any interference that would
run counter to the limitations prescribed by
international law.
131. On the issue of wearing the Islamic veil, in
particular, such an approach would provide the
authorities with a solid legal basis for addressing their
legitimate concerns over the political exploitation of
religion, while allowing free expression of dress within
legitimate limits established to this end.
132. With respect to the compulsory religious and
ethics courses called for in the Constitution, these pose
a problem in that they affect:
• Non-Hanafi Muslims who are subjected to
instruction that is based on a Hanafi conception
of Islam and that does not reflect the diversity of
Islamic rites within Turkish society;
• Non-Muslims, both indirectly, by promoting what
most non-governmental sources regard as a
message that is biased against non-Muslim
beliefs, and directly, for those who decline to seek
an exemption for fear of ostracism or public
pressure, or who may find their exemption
refused by certain officials; and
24
• Non-believers,
mainly
within
the
Muslim
community.
133. The Special Rapporteur recommends that the
authorities take steps to make education an effective
vehicle for promoting human rights values, so as to
help build a culture of tolerance and thus encourage
behaviour consistent with tolerance and nondiscrimination. Turkish education, and in particular the
compulsory religious and ethics courses, should be free
of any ideological framework and any political bias in
favour of a particular religious persuasion, so as to
guarantee the principle of educational pluralism (see in
particular the jurisprudence of the European Court of
Human Rights in the Campbell and Consans decision
of 25 February 1982, and the Kjeldsen and others
ruling of 7 December 1976), and thereby respect the
constitutional principle that all citizens are equal. It is
also important to ensure that internal beliefs
themselves may not be regulated or, in other words,
that freedom from coercion to have or to adopt a
religion or belief and the liberty of parents to ensure
religious and moral education cannot be restricted, in
accordance with law and with international
jurisprudence.
134. With respect to the optional mention of religion
on identity cards, the Special Rapporteur recommends
that European jurisprudence be followed, and he awaits
the results of the steps announced by the Ministry of
Foreign Affairs to eliminate this mention.
135. The Turkish Constitution makes the nationalism
of Ataturk the foundation stone of the State and
elevates it in practice into an official ideology, or even
a new religion, with the status of absolute truth. The
terms of the issue as formulated in the jurisprudence of
the Commission on Human Rights discussed above
apply here as well and thus raise the question of
respect for the rights pertaining to religion and belief
and to minorities. There have been violations against
Muslim communities and non-Muslim minorities,
arising primarily from a narrow interpretation and
application of the principle of nationalism, i.e. in the
form of Turkization, that is not always compatible with
the right to tolerance and to non-discrimination. The
Special Rapporteur recommends that the authorities
should establish a clear principle whereby nationalism
is not to be used against minority religious
communities.