26 May 2004 Radikal
Arrangements that should permit non-Muslim minorities to easily open places
of worship encounter problems due to disorganization among statues and
revolutionary laws.
Statutes Unclear
‘Freedom of worship,’ one of the commitments that Turkey has made with a
view to European Union conformity, runs into problems at the implementation
level due to confusion within the statutes. Despite modification of the
constitution and revisions in the Zoning Law, it is difficult for
non-Muslims to open places of worship.
Implementation Problems
Ambiguity in defining ‘congregation’ and bureaucrats who interpret statutes
however they wish when implementing them are also a problem. Definitions of
‘resident congregation’ and ‘minimum number sufficient to open a place of
worship’ in the latest Interior Ministry circular grant broad discretion to
provincial governors.
Most Significant Obstacle
Unless organized as a ‘society or foundation,’ those opening a church for a
particular religious sect can encounter problems with regard to the
revolutionary laws that closed down the sufi and dervish lodges.
Furthermore, representatives of religious minorities are cold to the idea of
opening places of worship under the auspices of a society or foundation,
because this structure seriously weakens their own right to administrative
initiative.
Opening Churches Is Hard
The constitution, as modified, grants freedom of worship to all religions.
But an Interior Ministry circular and the law concerning sufi and dervish
lodges hinder implementation. (Adnan Keskin / Tarýk Iþýk)
ANKARA – Turkey is having a hard time fulfilling its EU conformity
commitment to ‘freedom of worship.’ This problem arises first of all from
ambiguity and inconsistency in the legal statutes. But the main factor is
unwillingness to implement. As a result, every time citizens come requesting
implementation, they are met with new obstacles. In the 6th EU conformity
package, the Zoning Law was ammended to read ‘place of worship’ rather than
‘mosque,’ thus opening the way to designate places of worship other than
mosques. Though there is no constitutional obstruction to the exercise of
this right, citizens who are not Sunni Muslims encounter difficulties when
trying to open places of worship such as churches, synagogues, Alevi meeting
houses, etc.
Among legislation that makes it hard for minorities to exercise this right
are, first, the fact that the prerogative to grant the right to worship has
been made subject to the arbitrary judgement of provincial governors and
municipality mayors, second, the framework created by the revolutionary laws
and, third, the laws which govern societies and foundations.
Government between mosque and church
Minority rights, a top-priority issue among the political requirements
Turkey must rapidly fulfill, was also an urgent agenda item when the
government assembled the Reforms Watch Group day before yesterday. Foreign
Minister Abdullah Gül explained that they were going to take action on this
issue. This statement gave renewed currency to the problems of religious
congregations who have petitioned for suitable places of worship.
Legal arrangements enacted on 15 July 2003 changed the expression ‘mosque’
to ‘place of worship’ in the Zoning Law. This, for the first time, creates
the possibility that locations can be designated for places of worship other
than mosques. On 24 September the Interior Ministry published a circular
with regard to the implementation of this law. The circular, rather than
saying ‘Help those who make such requests,’ put in place conditions like the
need for a ‘resident congregation’ and a ‘minimum number sufficient to open
a place of worship’ for those requesting to open a church, synagogue or
Alevi meeting house. As a result, thought the rights exist on paper, the
ability to make use of these rights has been relagated to the ‘discretion’
of provincial governors.
Some have also started to make the case that, unless churches representing
particular religious sects are established by means of ‘societies and
foundations,’ they constitute an infraction of the ‘law to close sufi and
dervish lodges.’ While the authorities are saying that for this reason they
want religious minorities to establish themselves as legal entitites through
societies and foundations, representatives of religious minorities state
that they find this ‘problematical.’ It has been stated that this difference
of outlook will render it impossible to open a church or a Alevi meeting
house.
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