CERD/C/TUR/CO/3
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10.
The Committee regrets the lack of information relating to the representation of the
various ethnic groups in the Parliament and other elected bodies, as well as their participation in
public bodies.
The Committee invites the State party to promote adequate representation of the
various ethnic groups in the Parliament and other elected bodies, as well as their
participation in public bodies, and requests the State party to include such
information in the next periodic report.
11.
While welcoming the fact that the Convention is directly applicable in the State party,
the Committee regrets the absence of a definition of racial discrimination in domestic law, which
may, in turn, impede the adequate application of relevant legislation prohibiting such
discrimination. The Committee notes that this is particularly important due to the fact that the
relevant legislation, including article 10 of the Constitution providing for equality before the law
of all individuals without discrimination, inter alia, on the grounds of race, does not consistently
include “national or ethnic origin” among the prohibited grounds of discrimination (article1).
The Committee recommends that the State party consider adopting a clear and
comprehensive definition of racial discrimination in its domestic law, including
all elements contained in article 1 of the Convention.
12.
The Committee notes that according to Turkish law, only Turkish citizens belonging to
non-Muslim minorities under the Treaty of Lausanne of 1923 fall within the scope of the term
“minority”, and that the Treaty is applied restrictively only to the Armenian, Greek and Jewish
communities. The Committee also notes that some groups, such as the Roma and the Kurds, face
a more difficult socio-economic situation than the rest of the population. The Committee is
concerned that the application of restrictive criteria to determine the existence of ethnic groups,
official recognition of some and refusal to recognize others, may give rise to differing treatment
for various ethnic and other groups which may, in turn, lead to de facto discrimination in the
enjoyment of the rights and freedoms referred to in article 5 of the Convention (articles 2 and 5).
The Committee, referring to its general recommendation No. 8 (1990)
concerning the interpretation and application of article 1, paragraphs 1 and 4 of
the Convention, and recalling its general recommendation No. 20 (1996) on
article 5 of the Convention, calls upon the State party to ensure the nondiscriminatory implementation of each of the rights and freedoms referred to in
article 5 of the Convention for all groups within the scope of the Convention.
Furthermore, the Committee recommends that the State party conduct research
with a view to effectively assessing and evaluating the incidence of racial
discrimination in the country, with particular focus on discrimination based on
national or ethnic origin, and take targeted measures to eliminate such
discrimination. The Committee requests the State party to provide information
on the result of such studies and measures taken in the next periodic report.