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(g) The Government should guarantee nonintervention in the internal affairs of minorities, in
particular in the election and appointment of religious
leaders.
161. With respect to all of the above points, the
Special Rapporteur believes that the State should
establish precise rules to protect the fundamental rights
of minorities, as derived from the Treaty of Lausanne
and from international law. These rules should be
defined in consultation with minority representatives,
they should be guaranteed in the form of regulations
and laws and they should be enforced by policies and
administrative actions that are respectful of minority
rights.
162. With respect to the Greek Orthodox and
Armenian minorities, the Special Rapporteur considers
it essential that the guarantee of their rights should not
be conditional upon the status of relations between
Turkey and Greece, on one hand, and of those between
Turkey and Armenia and its diaspora, on the other. In
this regard, the State must live up to its responsibilities
to protect minorities against all acts of aggression and
violence.
163. With respect to the minority communities not
recognized as such or not deemed to be covered by the
Treaty of Lausanne, the recommendations outlined
above are relevant for non-Armenian Catholics.
164. With respect to the non-Armenian Protestants, the
Special Rapporteur recommends that the Government
provide a full guarantee of this religious community’s
rights. To this end, owing to the fact that the enjoyment
of rights to religious freedom depends in critical ways
on the legal structures available to religious
communities to organize their affairs, it is essential for
the Protestants to have appropriate legal mechanisms
for acquiring and managing their own properties,
including places of worship. It would seem that the
current device, i.e. the creation of associations, is
inadequate in light of existing legal restrictions that
make it impossible to establish religious associations.
In any event, a legal entity that will meet the needs and
respect the rights of all religious communities is
strongly recommended. This would also help to
minimize the risk of interference by the authorities,
especially the police.
165. The recommendations for treating Protestants as a
legal entity are equally applicable to the AssyroChaldeans and are in fact essential for maintaining the
cultural and religious identity of this community.
Regardless of the issue of recognition of its minority
status, this community has a legal structure that allows
it to have its own educational, social and religious
training institutions. As in the case of the Armenian
minority, the Special Rapporteur recommends that the
Government should satisfy legitimate demands for the
construction of new places of worship, in particular in
Istanbul. It is also urgent to put a stop to the arbitrary
and discriminatory confiscation of Assyro-Chaldean
places of worship by the General Directorate of
Foundations and to the abuse of power in procedures
for
authorizing
the renovation
of
religious
establishments. The recommendations made with
respect to instruction and religious culture are relevant
here as well. Furthermore, while appreciating the
situation created by the armed conflict in southeastern
Turkey, the Special Rapporteur believes that the State
must fulfil its responsibilities to protect the AssyroChaldeans and to identify and prosecute those who
violate their human rights.
166. The Special Rapporteur also offers the following
general recommendations, applicable to all religious
communities in Turkey:
(a) The Government should ensure that Islam
does not become a political tool, a situation that could
escalate in ways that would promote religious
extremism;
(b) The Government should combat all
manifestations of intolerance whenever they appear;
(c) The Government should combat extremism
in all religions, wherever it appears, while respecting
international human rights standards and being careful
not to affect minority religious communities, directly
or indirectly, in the enjoyment of their legitimate rights
and freedoms;
(d) The Government should take all necessary
measures, consistent with international human rights
standards, to combat hatred, intolerance and acts of
violence, intimidation and coercion motivated by
religious intolerance;
(e) The Government should ensure both more
legal protection against discrimination based on
religion or belief, and the implementation and respect
of these legal safeguards;
(f) The interpretation of the constitutional
principles of secularism and nationalism, and policies
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