CERD/C/TUR/CO/3
page 4
13.
The Committee is concerned by allegations of persisting hostile attitudes on the part of
the general public, including attacks and threats, towards Roma, Kurds and persons belonging to
non-Muslim minorities (article 2 and 3).
The Committee recommends that the State party take steps to prevent and
combat such attitudes, including through information campaigns and education
of the general public. Furthermore, in the light of its general recommendation
No. 19 (1995) on article 3 of the Convention, the Committee encourages the State
party to monitor all tendencies which may give rise to racial or ethnic de facto
segregation and endeavour to combat the negative consequences of such
tendencies.
14.
The Committee observes that article 4 of the Convention is not self-executing but
requires the adoption of specific legislation. The Committee also notes that article 216 of the
Penal Code prohibiting incitement of enmity or hatred on the grounds of social class, race,
religion, sect, or regional difference is limited to acts constituting a clear and imminent danger to
public order and therefore excludes from its scope of application, inter alia, acts inciting hostility
that do not amount to danger to the public order. The Committee remains concerned that national
legislation does not fully cover all aspects of article 4 of the Convention. The Committee is also
concerned at reports that article 216 of the Penal Code has been applied against persons
advocating their rights under the Convention (article 4).
The Committee recommends that the State party adopt legislation, in the light of
its general recommendation No. 15 (1993) on article 4 of the Convention, to
ensure full and adequate implementation of article 4. The Committee also calls
upon the State party to ensure that article 216 of the Penal Code is interpreted
and applied in conformity with the Convention.
15.
The Committee expresses concern over the fact that the State party maintains the
geographical limitation to the 1951 Convention relating to the Status of Refugees and its 1967
Protocol, which, in turn, reduces the protection offered to refugees from non-European States
and may subject them to discrimination. The Committee is also concerned at reports on
deportation and refoulement of refugees recognized under the mandate of the Office of the High
Commissioner for Refugees (UNHCR), as well as of persons registered with UNHCR as asylumseekers (article 5).
The Committee welcomes the stated intention of the State party to withdraw the
above geographical limitation, and encourages it to give high priority to this
process. The Committee calls upon the State party to refrain from deporting
refugees or persons registered with UNHCR as asylum-seekers.
16.
While noting that following an amendment made to the Turkish Penal Code, article 301
now criminalizes public denigration of “the Turkish nation” instead of “Turkishness” and that
prosecution of this offence is made conditional on the prior authorization of the Minister of
Justice, the Committee remains concerned at the possibility that the new article may lead to
action being taken against persons advocating their rights under the Convention.