A/55/280/Add.1
In addition, they have on a number of occasions been
denied the right to teach the Syriac religion, even
within their churches and monasteries, while their
demands for exemption from religious instruction in
the public schools are often ignored. All of these
obstacles and restrictions can be explained essentially
by the policy of Turkization and by the failure to
recognize the Assyro-Chaldeans as a distinct religious
and cultural community. To these factors must be
added the impact of the armed conflict between the
Turkish authorities and Kurdish insurrectionists that
has placed the Assyro-Chaldeans in a climate of
constant fear from acts of terrorism (assault, robbery,
assassination, abduction, forced conversion to Islam,
etc.) and has provoked their massive departure from
southeastern Turkey. It is also true that this community
is rejected by society and by the local authorities, who
are generally intolerant of any minority that does not
conform to the stereotyped imperatives of the
Turkization policy (i.e. to be Turkish by ethnic origin
and to be Muslim by religion). This situation is at its
worst in eastern Turkey, but it is also reflected in
Istanbul, where most Assyro-Chaldeans migrate, and
where the rise of Islamism is also viewed as a threat.
Finally, the Assyro-Chaldeans feel that they are treated
as foreigners, and in growing numbers they are leaving
Turkey in the hope of preserving their cultural and
religious identity.
159. The Special Rapporteur recommends that the
authorities guarantee, respect and protect the rights of
minority religious communities.
160. The following recommendations are made to the
Turkish authorities with respect to the Christian, Greek
Orthodox and Armenian minorities:
(a) The Government should take all necessary
steps to prevent and eliminate the discrimination that
results from the progressive and de facto refusal to
grant and allow the use of an appropriate legal entity
structure: this situation affects a whole range of
legitimate religious activities such as the acquisition
and management of property, financial support of the
clergy and other religious personnel, etc.
(b) The Government should ensure that the
legal entity structure itself, in this case the foundations,
responds to the basic needs of minorities (and they
should remove any obstacle to the functioning of these
foundations, such as legal and de facto restrictions on
the election and replacement of boards of directors)
28
and if necessary they should improve this legal
mechanism, or even grant legal status to the religious
leadership of these communities, i.e. the Patriarchate,
if these foundations should be found ineffective or
inappropriate.
(c) In addition to the recommendation
concerning legislation on unused properties, the
Government should ensure that public institutions, in
particular the General Director to Foundations, do not
discriminate against Christian minorities. It is essential
that these institutions should cease to deprive these
minorities of their property and the resources needed
for them to function and to conduct their religious
activities.
(d) The
Government
should
guarantee
minorities the right to establish and maintain their own
places of worship, and should allow them to build such
facilities in places where new communities have taken
root. Any limitations in this respect, for example urban
development regulations, should be consistent with
international jurisprudence (see General Commentary
of the Commission on Human Rights), and this means
that any non-conforming regulations should be
repealed or revised.
(e) The
Government
should
guarantee
minorities the right to teach their religion, in places
suitable for this purpose, and to train their clergy. The
Special Rapporteur believes it indispensable that
minorities once again have their own religious
seminaries, in accordance with article 6 of the 1981
Declaration and the General Commentary No. 22 (48)
of the Commission on Human Rights (“the practice and
teaching of religion and belief includes acts integral to
the conduct by religious groups of their basic affairs,
such as, inter alia, the freedom to choose their religious
leaders, priests and teachers, the freedom to establish
seminars or religious schools…”).
(f) The Government should guarantee the
proper
functioning
of
minority
educational
establishments, by removing obstacles to the
appointment of headmasters. The issue of enrolment
for children not belonging (or not recognized by the
authorities as belonging) to the minority running these
establishments (as is the case with Armenian children)
should be examined by the Working Group on
Minorities of the Sub-Commission on the Promotion
Protection of Human Rights, and by the Special
Rapporteur on Education.