Fwd: GHM/MRG-G: Turkey Refuses To Discuss Minority Rights with the OSCE HCNM van der Stoel
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Subject: Fwd: GHM/MRG-G: Turkey Refuses To Discuss Minority Rights with the OSCE HCNM van der Stoel
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Fwd: GHM/MRG-G: Turkey Refuses To Discuss Minority Rights
with the OSCE HCNM van der Stoel
GREEK HELSINKI MONITOR (GHM)
MINORITY RIGHTS GROUP - GREECE (MRG - G)
Address: P.O. Box 60820, 15304 Glyka Nera
Telephone: (+30-1) 347.22.59. Fax: (+30-1) 601.87.60.
e-mail: [email protected]
website: http://www.greekhelsinki.gr
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PRESS RELEASE
16/11/00
SUBJECT: TURKEY REFUSES TO DISCUSS MINORITY RIGHTS WITH THE OSCE HCNM
VAN DER STOEL
During the OSCE Implementation Review Meeting in Warsaw, on 24 October
2000, the Turkish Delegation, in response to appeals that the OSCE
High Commissioner on National Minorities (OSCE HCNM) reviews Turkey's
minority rights situation - made inter alia by GHM - said that "As for
proposed contacts between Turkey and the High Commissioner on National
Minorities, we adhere to our position on this issue which was outlined
at the Permanent Council meeting held on 12 October in Vienna." Greek
Helsinki Monitor (GHM) and Minority Rights Group - Greece (MRG-G)
looked into the matter and discovered that, on that day, the PC was
reviewing the exchange of correspondence between Turkey and the OSCE
HCNM, with the former refusing a visit by the latter to Turkey to
review the country's minority rights commitments. The correspondence
that led to the first ever refusal of an OSCE state party to cooperate
with the HCNM, follows. GHM and MRG-G urge the international community
to put pressure on Turkey to change its decision and cooperate with
the OSCE HCNM.
-------------------------------------------
Organization for Security and Co-operation in Europe
High Commissioner on National Minorities
The Hague, 3 October 2000
H.E Ambassador Jutta Stefan-Bastl
Chairperson of the Permanent Council
Ballhausplatz 2
1014 Vienna
Austria
Dear Madam Chairperson
One of the most positive developments in the OSCE-area is a return to
normalcy of large parts of South-Eastern Turkey, where previously
there had been fierce fighting. The state of emergency has come to an
end in several provinces of that region.
I therefore felt that is was an appropriate moment for me to seek
contact with the Government of Turkey. I informed the members of the
Permanent Council of my intention to do so on May 4th of this year,
and found support for this from various states, while no state
disagreed.
On June 6th I wrote a letter to Foreign Minister Cem, asking for a
meeting with him and the Minister for Human Rights. In order to avoid
any misunderstanding, I emphasized in my letter that, in accordance
with article 5b of my mandate, I would not try to get involved in
those aspects of the situation of minorities which are related to
organized acts of terrorism.
I was of course aware of the interpretative statements made by the
Turkish Government at the Copenhagen and Moscow meetings of the Human
Dimension and on the occasion of the 1992 Helsinki Decisions of the
CSCE, which stressed that "according to the Turkish constitutional
system the word 'minorities' encompasses only groups of persons
defined and recognized as such on the basis of multilateral and
bilateral instruments to which Turkey is a party". On the other hand,
the 1992 interpretative statement regarding the Helsinki Decision
(including the Decision to create the institution of the HCNM)
continued as follows: "this is without prejudice to the constitutional
principle that all citizens are equal before the law, enjoy the same
rights and have the same obligations without discrimination,
regardless of their sex, religion, race or ethnic religion". With this
in mind, I suggested to Minister Cem that our exchange of views would
concentrate on this subject.
In this letter of reply of 14 June 2000 Minister Cem wrote "I do not
agree with the stated intention in your letter to conduct a mission in
Turkey".
The position taken by the Government of Turkey is not compatible with
OSCE principles. In this respect I refer to the Document of the Moscow
conference on the Human Dimension of the CSCE in 1991, in which the
participating states categorically and irrevocably declare that "the
commitments undertaken in the field of the human dimension of the CSCE
are matters of direct and legitimate concern to all participating
states and do not belong exclusively to the internal affairs of the
state concerned".
The position taken by the Government of Turkey is also not compatible
with article 3 of the mandate of the HCNM, which leaves it to the
judgment of the High Commissioner whether he has to get involved in a
specific situation in an OSCE state. Indeed, if it would be left to
any government unilaterally to determine whether or not a situation
exists which falls within the mandate of the HCNM, the effectiveness
of the institution of the HCNM would be seriously undermined and the
broader OSCE principle of "co-operative security" would be set back.
In this respect it also has to be recalled that the Stockholm CSCE
Ministerial Council Meeting of 1992 - with no participating state
making any reservation - encouraged the High Commissioner to visit any
participating state. Furthermore, the ministers undertook to provide
the High Commissioner with relevant information at their disposal on
national minorities. On the basis of my mandate and of the Stockholm
decision, a practice has been developed of frequent visits by the High
Commissioner to a great number of states participating in the OSCE,
with regular direct contacts at the highest level of government. Since
I assumed office, I have had meetings with some 15 governments
regarding specific situations in their countries. No government has
ever refused to receive me.
Against this background, I wrote to Foreign Minister Cem a second
letter, trying to remove possible misunderstandings about the aims of
my visit. To my regret, I received again a negative reaction.
Article 26a of the mandate of the HCNM directs him i.a. to communicate
in person with governments of participating states. However, apart
from his willingness to discuss the situation in Central Asia in a
meeting with him outside Turkey, the letter of Foreign Minister Cem
amounts to a refusal to communicate with me on the subject of the
equality of all citizens before the law in Turkey.
In case of such a refusal article 28 of my mandate directs me to
inform the CSO (now the Permanent Council). In order to inform you
fully regarding the arguments of both sides on this issue, I attach
herewith the correspondence in this matter between Minister Cem and I.
Regarding the concern expressed by Minister Cem in his second letter
that I did not respect confidentially in our correspondence, I wish to
re-emphasize that I had earlier informed the Permanent Council about
my intention to seek such a dialogue with the Turkish Government. I
therefore did not see the necessity to remain silent on the progress
of these efforts in contacts with representatives of other states. In
this connection, I wish to stress, as is evident from the attached
correspondence, that so far I have merely sought a meeting with
Minister Cem to begin a very specific and limited dialogue. At the
same time, I have to underline that throughout my mandate I have
always respected confidentiality when information of a confidential
matter was provided to me by OSCE states and that I do of course
intend to continue to do so.
I remain hopeful that ways can still be found to have a dialogue with
the Turkish Government. The proposal I have made for such and exchange
of views takes into account the interpretative statement made by the
government of Turkey regarding the OSCE Helsinki Decisions. As
Minister Cem has recognized himself in his second letter, I have only
a limited objective. I want to have an exchange of views on the
implementation of the constitutional principles in Turkey that all
citizens are equal before the law and enjoy the same rights and
obligations regardless of race or ethnic origin. That makes it even
more difficult for me to understand the refusal for a dialogue on this
issue. Even more so because article 39 of the 1923 Treaty of Lausanne,
to which the government of Turkey attaches decisive importance, also
contains important provisions regarding equal treatment of all Turkish
nationals.
May I ask you to circulate this letter, together with the attached
exchange of correspondence, to all members of the Permanent Council.
Yours sincerely,
Max van der Stoel
High Commissioner
_________________________________________________________________
P.O. Box 20062 Telephone Telefax [email protected]
2500 EB, The Hague (+31-7-) 312 55 00 (+31-70) 363 59 10
http://www.osce.org
Prinsessegracht 22
2514 AP, The Hague
The Netherlands
-------------------------------------------------
Minister of Foreign Affairs
15 September 2000
H.E. Mr. Max Van der Stoel
OSCE High Commissioner on National Minorities
Prinsessegracht 22 2514 Ap.
The Hague
The Netherlands
Dear Mr. High Commissioner,
Please permit me first to express my concern at the fact that the
copies of our letters exchanged in June this year have been made
available to some other members of the OSCE. As stipulated in the
mandate of the OSCE High Commissioner for National Minorities and as
you have also rightly referred to in your letter of 27 July 2000,
confidentiality and quiet diplomacy should be the basic working
methods.
As an important instrument of conflict prevention, we value the place
of the High Commissioner for National Minorities within the OSCE
structures. We have been following your work very closely.
In this connection, I should like to reiterate that there is no
situation in Turkey that falls within the framework of your mandate.
Having carefully reviewed our communications on this matter since
early June and taking into consideration the points made in your
letter, I understand that your objective does not go beyond being
informed on the implementation of the constitutional principle in
Turkey that all citizens are equal before the law and enjoy the same
rights and obligations regardless of race or ethnic origin.
The status of minorities in Turkey has been defined by the 1923 Treaty
of Lausanne. Accordingly, there are only non-Moslem minorities in
Turkey. This fact was registered through an interpretative statement
made on the occasion of the adoption of the mandate of the OSCE High
Commissioner for National Minorities. The said interpretative
statement is binding regarding Turkey.
Following your suggestion, I will be pleased to have an exchange of
views on Central Asia during the next OSCE ministerial meeting.
Yours sincerely,
Ismail Cem
------------------------------------------------------
Organization for Security and Co-operation in Europe
High Commissioner on National Minorities
The Hague, Thursday, 27 July 2000
His Excellency Mr. Ismael CEM
Minister of Foreign Affairs of the Republic of Turkey
Ankara
Dear Mr. Minister
Please permit me to write to you again regarding my request to have a
meeting with you and your colleague, the Minister for Human Rights,
Mr. Rustu Kazim Yucelen. I am taking the liberty to do this because
your letter of June 14 to me has led me to conclude that
misunderstanding have arisen about the nature and aims of my visit.
In your letter you object to the fact that my visit would take place
on the basis of paragraph 11a of my mandate, which forms part of a
section of my mandate called "early warning". However, paragraph 11a
itself only speaks about the collecting of information by the High
Commissioner. It is also clear from the context of this section that
collecting information does not in any way oblige the High
Commissioner to issue an early warning later. In fact, during the
seven and a half years I have occupied this post, I have issued an
early warning only once.
Regarding the remark in your letter that there is no situation in
Turkey which may be described as a tension in the sense of the mandate
of the High Commissioner on National Minorities, I hope you will allow
me to refer to the fact that I have had meeting with the governments
of 15 OSCE states since I took office in 1993. Sometimes the
governments and myself did not hold identical views on specific
situations, but at the same time none of them ever objected to a visit
on my part, because they were aware that paragraph 3 of my mandate - a
paragraph which was not the subject of any interpretative statement
when my mandate was adopted by the Helsinki Summit in 1992 - leaves it
to the High Commissioner to exercise his judgment as to whether a
situation falling in his mandate exists. To this end, the mandate
envisages in paragraph 11c visits by the High Commissioner to enable
direct contacts with i.a. government leaders in order precisely to
clarify positions of policy and law. Such visits have become an
ordinary part of my work.
Perhaps there is also a misunderstanding about my working methods.
Apart from sticking carefully to my mandate, I also have a clear
preference for quiet diplomacy. When on mission I try to avoid press
conferences and public statements and even any publicity about my
visit, as much as possible. The sole reason for my request to you and
your colleague is that, after studying carefully the various
interpretative statements of Turkey regarding minority issues, I feel
the need to receive further clarification from your government
regarding the implementation of the constitutional principle that all
citizens are equal before the law, enjoy
the same rights and have the same obligations regardless i.e. of race
or ethnic origin.
It is against this background, Mr. Minister, that I take the liberty
to ask you to reconsider your decision and to declare your willingness
to discuss the implementation of the constitutional principle I quoted
before. To be clear, aside from Minister Yucelen and yourself, it is
not my intention to have other contacts while in Turkey.
Permit me finally to thank you, Mr. Minister, for your willingness to
have exchange of views with me on the situation in Central Asia.
Yours sincerely
Max van der Stoel
-----------------------------------------
Minister of Foreign Affairs
Ankara, 14 June 2000
H.E. Mr Max Van der Stoel
OSCE High Commissioner on National Minorities
Prinsessgracht 22
2514 Ap. The Hague
Dear Mr. High Commissioner,
Thank you for your letter of 6th June 2000, which I received on my
return to Turkey from several visits abroad.
I regret that I was unable to attend the OSCE Parliamentary Assembly
Seminar held in Antalya from 12-13 April this year, due to my
engagements. But I understand the Seminar has been a success in
creating an opportunity for a useful exchange of views among the
Parliamentarians on issues relating to minorities in different parts
of the OSCE region.
I do not agree with the stated intention in your letter to consider a
mission in Turkey. Paragraph 11 of your mandate, as you have rightly
referred to, comes under the title of "early warning". Furthermore the
visits of High Commissioner to Participating States are intended to
address a tension involving national minorities (paragraphs 11c and
17). There is no situation in Turkey warranting early warning or which
may be described as tension in the sense of the mandate of the High
Commissioner on National Minorities.
You will recall that on the occasion of the adoption of the 1992
Helsinki Decisions of the OSCE, which, inter alia, included the
mandate of the High Commissioner on National Minorities, the Turkish
Delegation made an interpretative statement. This was to the effect
that according to the Turkish legal system the word "minorities"
encompasses only groups of persons defined and recognized as such on
the basis of multilateral or bilateral instruments to which Turkey is
a signatory party. Similar interpretative statements were also
recorded at the Copenhagen and Moscow Meetings on the Human Dimension
and on the occasion of the adoption of the OSCE Budapest Document
1994. It should be noted that the status of minorities in Turkey has
been defined by the 1923 Treaty of Lausanne according to which there
are only non-muslim minorities in Turkey. No special status or
privilege has ever been granted to any other person or group of
persons, constitutionally or otherwise. No muslim Turkish citizen can
be defined as belonging to any sort of minority. All Turkish citizens
enjoy equal rights guaranteed by the constitution and actively
participate in Turkey's political, social and economic life regardless
of their race or ethnic origin.
Our Government is intent on introducing new changes to our human
rights legislation. However our aim is not to alter our minority
concept based on the International Treaty of Lausanne as well as
centuries old social and cultural traditions, but to further improve
democracy and human rights without discrimination as to ethnic origin
or creed.
For all of the reasons stated above, it is the conclusion of my
Government that there is not a conflict or early warning situation
which necessitates a visit to Turkey by the OSCE High Commissioner on
National Minorities.
Finally, Mr. High Commissioner, I would like to assure you of our
continued support. Taking into account your interest in Central Asia,
I will be delighted to meet with you personally at an opportune time,
perhaps on the occasion of a future OSCE meeting.
Yours sincerely,
Ismail CEM
----------------------------------------------------------
Organization for Security and Co-operation in Europe
High Commissioner on National Minorities
The Hague, 6 June 2000
H.E Ismail Cem
Minister of Foreign Affairs
Of the Republic of Turkey
Fax No. 0090 -312 - 287 8811
Dear Mr. Minister,
In pursuance of article 11a of my mandate, I am frequently visiting
states participating in OSCE in order to collect information regarding
minorities' issues. I would hope very much to carry out a similar
mission in Turkey. In order to avoid any misunderstandings, I want to
add that, in doing so, I would of course respect article 5c of my
mandate. It is not my intention to get involved in those aspects of
the situation of the minorities which are related to organized
terrorism. My mission would concentrate on collecting information
regarding the implementation of the constitutional principle of your
country that all citizens are equal before the law, enjoy the same
rights and have the same obligations without discrimination,
regardless i.a. race or ethnic origin.
It is against this background, Mr. Minister, that I would highly
appreciate a meeting with you and your colleague, the Minister for
Human Rights, Mr. Rustu Kazim Yucelen. I would also hope to have the
opportunity to learn about the views of Turkey regarding the role of
the OSCE in Central Asia.
Yours sincerely,
Max van der Stoel
_____________________________________________________________________
P.O. Box 20062 Telephone Telefax [email protected]
2500 EB, The Hague (+31-7-)312 55 00 (+31-70)363 59 10
http://www.osce.org
Prinsessegracht 22
2514 AP, The Hague
The Netherlands
____________________________________________________
GHM Board: Panayote Dimitras, Dionysis Gousetis, Dimitrina Petrova,
Alan Phillips, Gregory Vallianatos.
MRG-G Executive Committee: Mehmet Dukkanci, Nafsika Papanikolatos.
International Advisory Committee: Savvas Agouridis, Teuta Arifi, Ivo
Banac, Vladimir Bilandzic, Marcel Courthiade, Loring Danforth, Fernand
de Varennes, Eran Fraenkel, Victor-Yves Ghebali, Henri Giordan,
Krassimir Kanev, Will Kymlicka, Remzi Lani, Theodore S. Orlin,
Dimitrina Petrova, Alan Phillips, Aaron Rhodes, Patrick Thornberry,
Stefan Troebst, Boris Tsilevich, Tibor Varady.
Affiliation to International Organizations: Consortium of Minority
Resources (COMIR), European Roma Rights Center (ERRC), International
Freedom of Expression Exchange (IFEX), International Helsinki
Federation for Human Rights (IHF), Minority Rights Group International
(MRGI).
--
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