A/55/280/Add.1
community was fully satisfactory. They also indicated
that
Turkish
legislation,
jurisprudence
and
administrative procedures posed no problem for them,
but that they were sometimes employed in a
discriminatory manner against other non-Muslim
communities.
B. Minority communities not recognized
by the Turkish authorities as minorities
and/or as covered by the Treaty of
Lausanne
99. The Special Rapporteur looked into the situation
of non-Armenian Catholic Protestants, as well as that
of the Syriacs.
1. Catholics and Protestants
100. While the non-Armenian Catholic and Protestant
communities are not recognized by the authorities as
minorities and/or as covered by the Treaty of
Lausanne, their followers must enjoy the constitutional
guarantees of freedom of religion and worship that are
accorded to all citizens. Apart from the problems
stemming from the lack of corporate legal status for the
Catholic Church (despite the establishment of
diplomatic relations with the Holy See in 1960) and the
Protestant Church, religious manifestations face other
difficulties as well.
(a) The Catholic community
101. The Catholic community enjoys freedom of
worship, but only within confined spaces, i.e.
essentially within Catholic places of worship and other
religious establishments. Thus, any pastoral work
among Muslims may be regarded as religious
propaganda and incitement, and hence liable to be
prohibited by the police. Proselytizing is in fact
severely discouraged: this reflects the position of the
authorities and their narrow interpretation of
secularism, but it also betrays a general intolerance
among important elements of society who tend to see
in any public show of faith, other than Muslim, an
attempt at conversion, which is in the popular mind
unacceptable.
102. In the case of priests and nuns, as with other
minorities, the wearing of religious habit in public is
formally prohibited (apart from the senior religious
leadership). Similarly, the Catholic Church is not
allowed its own religious training institutions.
20
Difficulties have been encountered in obtaining visas
and visitor permits for foreign religious personnel.
Moreover, the appointment of bishops is constrained by
legislation prohibiting foreign authorities from
designating the leader of a religious community in
Turkey.
103. With respect to property, it was reported that the
courts and the General Directorate of Foundations were
moving ahead with further confiscations. It was noted
that in 1993 a “joint commission” was created to
conduct political consultations: these were held at the
Vatican in 1993 and 1996, and the outcome included an
academic cooperation agreement between the
University of Ankara and the Jesuit Consortium
Gregorianum and the reopening of the chapel at Tarsus
(which the State had previously been using as a
military depot). In most cases, however, the State has
taken possession of the property or prohibited its use
for other purposes.
104. With respect to educational establishments, the
rule requiring appointment of a headmaster from the
minority community and a Turkish assistant
headmaster remains in force. As regards the
compulsory religion and ethics course, exemptions may
be granted for Christian children. However, since most
pupils in Catholic schools are Muslims, Christian
parents are hesitant to seek such exemption for their
children, for fear that they will be criticized or feel
excluded by their Muslim classmates.
105. Catholic representatives concluded that their
community was in a very precarious position and that it
was essential to secure a clearly recognized legal status
for the Catholic Church. It was suggested that the
refusal of the authorities to yield on this point, on the
grounds that this would be unconstitutional and might
provoke similar demands by Muslims, was unfounded,
since the Muslim community was in fact represented
by the Department of Religious Affairs. The problem
was said to lie with the interpretation of Turkish
secularism, which seeks to control religion and relegate
it to the private individual sphere. While accepting that
the purpose of Turkish legislation is to combat Muslim
extremism, these representatives noted that the law also
affects non-Muslims who seek nothing more than to
exercise their rights, including their religious rights,
without interference by the authorities. Finally, they
complained that the Catholic Church is compelled to
fight continuous battles just to maintain what is, in
fact, an unsatisfactory status quo.