A/55/280/Add.1 religion is not compulsory, while the Under-Secretary for Foreign Affairs and the Promotion of Turkey considers this to be an anachronism. The Special Rapporteur was told, after his visit, that Turkey is preparing to suppress mention of religion on identity cards (see para. 36). (e) Nationalism 23. The Constitution enshrines the principle of Turkish nationalism. Its preamble provides that no protection shall be granted for ideas and opinions contrary to Turkish national interests, to the principle of the indivisible integrity of the Turkish entity with its State and territory, to the historic and moral values inherent in being Turkish, to the nationalism of Ataturk. Article 2 of the Constitution reaffirms the legal validity of the fundamental principles declared in the preamble, and reiterates adherence to the nationalism of Ataturk as one of the basic principles of the State. A potential problem arises here, to the extent that this nationalism is interpreted in the form of a militant policy of Turkization based on a restrictive concept of ethnic unity. Were nationalism of this kind to become official ideology it could be prejudicial to minority, non-Muslim communities, and even to Muslims themselves, if the banner of ethnic unity were associated with quasi-official status for the Hanafi conception of Islam and if the notion were thereby promoted that Turkish citizenship is exclusively for those who are ethnic Turks and who are Muslim, specifically of the Hanafi rite, by religion. B. Provisions of international law 24. Turkey is a party to the Treaty of Lausanne of 24 July 1923. While it establishes the principle of equality for all citizens regardless of race and religion, this treaty enshrines the status of non-Muslims as minorities. It therefore recognizes both the religious identity of non-Muslim communities as well as their individual and minority rights. Articles 37 to 45 of the treaty deal with the protection of minorities. Article 37 gives to the provisions contained in articles 38 to 44 the force of fundamental laws, and consequently no law, no regulation and no official action may contradict them or take precedence over them. By virtue of article 38 of the treaty, all residents of Turkey have the right to the free exercise of any faith or belief, in private or in public, provided that such practice is not incompatible with public order and morality. Article 39 guarantees the principle of non-discrimination and authorizes every Turkish national to use any language, whether in private or business relations, in the practice of religion, in the press and publications of all kinds, and in public meetings. Article 40 guarantees the right of non-Muslims to create, manage and supervise, at their own expense, any kind of charitable, religious or social institution, schools and other teaching and education establishments, with the right to make free use of their own language and to exercise their own religion freely in all such institutions. By virtue of article 42, minorities have the right to settle any issue relating to family or personal status in accordance with their own customs. Moreover, the Turkish Government is committed to protect minority places of worship, to provide full facilities and authorizations to minority religious foundations and charitable establishments, and not to refuse approval for the creation of new establishments. 25. The Ministry of Foreign Affairs has noted, with respect to the reference to non-Muslim minorities in the Treaty of Lausanne, that the Turkish legal system does not encompass, as a rule, the concept of “minority”, and that the non-Muslim minorities mentioned in the Treaty of Lausanne constitute the only exception to this rule. In fact, however, it would appear that the Turkish authorities recognize this minority status only for three communities: the Armenian, the Greek Orthodox and the Jewish. The document on religious minorities submitted by the Ministry of Foreign Affairs to the Special Rapporteur stresses, in this regard, that there are only three religious minorities in Turkey, namely the Armenians, the Jews and the Orthodox Greeks. This position poses a problem for other non-Muslim religious minorities, and for Muslims as well (see sect. III). Moreover, there are serious problems with the respect and application of the Treaty of Lausanne for the minorities who are recognized as covered by it (idem). C. Other legal provisions 1. Provisions of criminal law 26. In this context, special mention must be made of articles 175 to 178 of the Turkish Criminal Code: Article 175. Whoever, with the intention of debasing any religion, prohibits or violates the performance of religious services or ceremonies shall be punished by imprisonment for six months 7