Turkey (Hansard, 7 February 2005)

§ Lord Hylton
asked Her Majesty's Government:
Whether they will raise with the European Union Commission in connection with the accession negotiations with Turkey:

(a) the constitutional limitation on the recognition of minority religions, such as the Greek Orthodox and Armenian Churches; and

(b) the case for defining and protecting ethnic and cultural minorities, such as Kurds and Circassians. [HL974]

§ Baroness Symons of Vernham Dean
Although three non-Muslim minorities (Armenians, Greeks and Jews) are recognised in the 1923 Treaty of Lausanne, Turkey does not formally recognise its minority communities under its constitution. Rather, the constitution is designed to afford the same protection, in terms of civil and political rights, to all its citizens—as citizens of Turkey.
80WA
There is no single European model to guarantee the protection of minority rights in a member state. Some of our European partners, including Greece and France, adopt a similar approach—of non-recognition of minorities—as does Turkey.
The UK will not, therefore, raise the need for recognition under the Turkish constitution of specific minority groups. Representatives of the Kurdish community in Turkey, including Leyla Zana, have made clear that they do not want to be recognised as a minority. We will, however, continue to urge the Turkish Government further to strengthen and protect the rights of all citizens of Turkey, including the three Lausanne minorities. We believe that any remaining concerns will be resolved during the accession negotiation process.

§ Lord Hylton
asked Her Majesty's Government:
Whether they will raise with the European Union Commission in connection with the accession negotiations with Turkey the use of the Kurdish language in the state education system where parents and pupils request it. [HL975]

§ Baroness Symons of Vernham Dean
The Turkish Government's programme of European Union (EU) harmonisation reforms has significantly extended the cultural rights of the Kurds in Turkey. The European Commission 2004 progress report acknowledges that "despite the progress that has been made, there are still considerable restrictions on the exercise of cultural rights, including in the areas of broadcasting and education". The UK will continue to raise with the Turkish authorities the need for these restrictions to be lifted. We regularly discuss human rights issues including minority language education with our EU partners and the European Commission, and are confident that all remaining concerns will be resolved during accession negotiations.

§ Lord Hylton
asked Her Majesty's Government:
Whether they will raise with the European Union Commission, in connection with the accession negotiations with Turkey, the case for an amnesty for former combatants willing to live non-violently, so as to permit the return of exiles, including former Members of Parliament. [HL976]

§ Baroness Symons of Vernham Dean
In all situations of conflict the UK supports efforts to seek a resolution based on a conciliatory approach. We welcomed the Turkish Government's partial amnesty to former combatants which expired in February 2004, and would welcome any future similar initiative. However, the national security of Turkey remains a sovereign matter for the Turkish Government, and should not be tied to the accession process.

§ Lord Hylton
asked Her Majesty's Government:
Whether they will raise with the European Union Commission, in connection with the accession negotiations with Turkey, certain current restrictions, including landmines, which prevent 81WA owners and occupiers from returning to villages in south-east Turkey destroyed or depopulated since 1984. [HL977]

§ Baroness Symons of Vernham Dean
The European Commission is aware of the restrictions that currently prevent internally displaced persons (IDPs) from returning to villages in south-east Turkey. The Commission's 2004 progress report on Turkey notes that "the major outstanding obstacles preventing IDPs from returning to their villages are the government sponsored village guard system; the problem of landmines; the absence of basic infrastructure; and the lack of capital and employment opportunities". However, the report also notes that "Turkey has begun a dialogue with international organisations with a view to addressing the weaknesses of the 'Return to Village and Rehabilitation Programme"'. We are in regular contact with the Commission on a range of human rights issues including village return, and remain confident that all remaining concerns will be resolved during accession negotiations.

§ Lord Hylton
asked Her Majesty's Government:
Whether they will raise with the Government of Turkey:

(a) restrictions on freedom of speech, which have been proposed under Article 49 of the new criminal code and which would penalise the political use of languages other than Turkish with imprisonment for up to 20 years; and

(b) the new press law coming into force on 1 April 2005, which may strengthen press and media censorship. [HL978]

§ Baroness Symons of Vernham Dean
The current political parties law forbids the political use of languages other than Turkish in either written material or public speeches. Under this law charges have been brought against a number of individuals. The European Commission 2004 progress report on Turkey states that "several provisions of the law fall short of European standards".
The Turkish Government passed a new press law in June 2004 that is widely regarded as a great improvement on its predecessor. Significantly, it includes European Convention on Human Rights (ECHR) provisions governing the freedom of the press, introduces fines where prison sentences had previously existed, and removes restrictions introduced after the 1980 coup. However, there are a few remaining concerns. The European Commission 2004 progress report on Turkey states that "despite a decrease in sanctions in the new law, fines still constitute an excessive burden, especially on local media".
We will continue to raise freedom of expression and freedom of the press with the Turkish Government. Affirmation in the Turkish constitution that international human rights agreements take precedence over domestic law now means that Turkey is bound to the provisions of Article 10 of the ECHR on freedom of expression.
82WA

§ Lord Hylton
asked Her Majesty's Government:
Whether they will raise with the Government of Turkey the case for establishing mechanisms for verifying the implementation of legislation already passed or proposed in connection with European Union accession. [HL979]

§ Baroness Symons of Vernham Dean
The European Commission is responsible for ensuring the full implementation of reforms in connection with European Union (EU) accession and will continue to report on this annually to the European Council.
The Turkish Government have set up a number of bodies and mechanisms to address the implementation of EU harmonisation reforms, including, in September 2003, the Reform Monitoring Group which played a key role in facilitating the start of private language education and broadcasting in Kurdish. As a result, implementation is improving, but more remains to be done to ensure the full and consistent application of the reforms passed. The UK will continue to urge the Turkish Government to do everything possible to improve implementation, and in support of their efforts, recently co-funded with the Ministry of Justice a programme to train over 8,000 judges and prosecutors in human rights and European law.

§ Lord Hylton
asked Her Majesty's Government:
Whether they will make representations to the Government of Turkey on the recent decision to close the education trades union, Egitim Sen. [HL1015]

§ Baroness Symons of Vernham Dean
Officials from the British Embassy in Ankara are monitoring developments in this case. An embassy official attended the first hearing of the re-trial in December 2004. The next hearing takes place on 21 February. Following constitutional amendments in Turkey in May 2004, European Convention on Human Rights provisions now take precedence over domestic law. The UK Government continue to monitor and raise cases with the Turkish authorities where we are concerned that this new legislation is not being implemented.