Written Statement: Human Rights Council, 15th Session - Item 6: Consideration of the UPR report on Turkey
Written Statement by the Syriac Universal Alliance: Human Rights Related Comments on Turkey’s UPR Report by the Christian Aramean (Syriac) Indigenous People of Turkey
The Christian Aramean (otherwise known as Syriac) people have a history of more than 3,000 years within the confines of the Republic of Turkey. But unlike the Armenians, Greeks, Jews and Bulgarians, the Turkish State continues to deny their legal status and concomitant basic human rights.
In fact, the Arameans have suffered in various ways from human rights infringements since the foundation of Turkey in 1923. Both by the Turkish State and Kurdish tribes that have invaded and occupied Aramean territories, where they would collide with the Turkish State. Consequently, the vast majority of the Arameans have fled from their ancestral homeland, where a vulnerable remnant of only 2,500 souls has survived and their cultural heritage is in danger of extinction whilst Turkey is backing out of its legal responsibility.
The Aramean people, therefore, are in the rightful position to submit their perspective on the ‘outcome report’ of the Working Group on the Universal Periodic Review on Turkey (A/HRC/15/13) dated 17 June 2010, as well as on Turkey’s replies dated 15 September 2010 (A/HRC/15/13/Add.1), from which will be quoted henceforth. This is done through the Syriac Universal Alliance (SUA), a global umbrella organization of national federations and the recognized voice of the Aramean (otherwise known as Syriac) people at the United Nations. The SUA is looking forward to start a constructive dialogue with Turkey on various issues.
1. General Positive Steps by Turkey (pp. 13-18 and 18-19)
In the recent years, there have been a series of widely acclaimed reform packages and constitutional amendments within Turkey. In all fairness, the Arameans have scarcely noticed any real improvements in regard to human rights, minority rights, cultural rights and religious rights. Nevertheless, we applaud Turkey’s intention to consider "the protection and promotion of human rights as a political priority" (Article 6; cf. Article 16), to found "a national human rights institution in line with the Paris Principles (Article 13), and to introduce a "law on a non-discrimination and equality board" (Article 14), although it is hoped that it will not be restricted to individuals (see below).
In general, the SUA appreciates the comments (pp. 4-12) and recommendations (pp. 13-18) that have been put forward by 54 delegations regarding the improvement of human rights, minority rights, anti-discriminatory measures and legislation to ensure equality. We are delighted about the call upon Turkey by many nations to "expedite the preparatory work," "accelerate steps" and "speed[ing] up the process" in this respect (p. 14).
We are appreciative to Turkey for lending support to the recommendations made by Armenia and Greece to ameliorate the situation of the recognized non-Turkish and non-Muslim minorities (p. 18; but see below for the Arameans as an unrecognized minority). Above all, we are awaiting Turkey’s initiative to "undertake effective steps to fully ensure all political, economic, social and cultural rights of minorities…by taking all necessary measures to ensure preservation of their national identity and cultural heritage" (p. 18, #101.3).
2. Recommendations Examined by Turkey (pp 21-22 and HRC/15/13/Add.1)
At the request of Greece, Turkey is doing the right thing to "consider replying favorably to the requests for a visit of the Special Rapporteur on the independence of judges and lawyers and the Independent Expert on minority issues" (p. 19 and Addendum p. 3 Recommendation 8). We reiterate Norway’s unanswered proposal to Turkey to invite the UN Special Rapporteur on the situation of human rights defenders (p. 14, #100.25). Given that Turkey signed the UN Declaration of the Rights of Indigenous Peoples in 2007, we request the Republic of Turkey to extend a standing invitation to the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples.
Although Recommendations 9 and 11 (Addendum p. 3) have been accepted by Turkey, there is a snag in it. For Turkey restricts the primary rights of equality and non-discrimination to individuals (cf. pp. 6 and 16f. of Turkey’s national reported submitted on 22 February 2010, A/HRC/WG.6/8/TUR/1), whereas international law ensures both individual and group rights. The reply to recommendation 15 (p. 4) likewise appears as if Turkey is not determined to advance group rights. In no way do the Arameans recognize themselves in Turkey’s assertion: "Since 2001, Turkey has taken great steps regarding the rights of groups defined as minorities in line with international standards" (Addendum p. 3, Recommendation 9 #24).
For minority rights, Turkey refers to the Lausanne Treaty signed in 1923 (cf. pp. 16f. of A/HRC/WG.6/8/TUR/1). Articles 38 to 44 guarantee the international protection and rights of non-Muslim minorities, but the Arameans have never been granted formal recognition by Turkey as a ‘minority’ such as formulated by this convention. We regret to state that numerous appeals to Turkey have fallen on deaf ears. Accordingly, the Arameans have never enjoyed their basic human rights in Turkey, as they continue to lack legal status. Non-Muslim minority status and rights were confined to the Greeks, Armenians and Jews (Addendum p. 7, Recommendation 31 #64).
Turkey obtained its legal status by referring to the Lausanne Treaty, while denying the existence of nonTurkish minorities within its borders that were equally granted lawful status by this Treaty and other international conventions. In fact, the Turkish understanding of ‘minorities’ as ‘nonMuslims’ is outdated (a relic from the Ottoman past) and incompatible with the modern international definition of this notion (see below). On that account, the SUA asks the UN to request Turkey to develop an allinclusive policy on minorities in compliance with international standards. Turkey missed the historic opportunity on 12 September 2010 to modernize its concept of minorities in its constitution. But Turkey can still endorse the Council of Europe instruments on the protection of the rights of minorities, viz. the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages (cf. p. 19, #102.2-4 and p. 21 #103.2).
The Lausanne Treaty is clear about human rights violations, which have been numerous in the case of the Arameans since 1923: "Turkey agrees that any Member of the Council of the League of Nations shall have the right to bring to the attention of the Council any infraction or danger of infraction of any of these obligations" (Article 44). Thus the SUA appeals to the UN, as the legal successor of the League of Nations, to adopt a UN Resolution similar to the recent the Resolution 1704 adopted by the Parliamentary Assembly of the Council of Europe on 27 January 2010. It is the first international Resolution of its kind that requests Turkey "to recognize, promote and protect the [Aramean] people as a minority, which is indigenous to south-east Turkey, in conformity with the Lausanne Treaty and related international conventions" (Article 19.7).
Concerning property rights and land issues in Turkey faced by the non-Muslim minorities in Turkey (p. 20, #102.25 and p. 21, #102.33), Turkey’s reply is all but satisfactory (Addendum pp. 5-7). Neither does the outcome report say anything about the expropriation of Aramean land by the Turkish State and their (typically Kurdish) neighbors.
In 2009, the SUA attended court cases faced by the Mor Gabriel Monastery (founded in 397 AD) and visited many villages in Southeast Turkey to understand their plight. What the SUA has seen and heard there from the locals was appalling and alarming. Evidence shows that there are many Aramean villages in the region whose lands are being expropriated.
In a letter sent to the members of the Parliamentary Assembly of the Council of Europe (15 January 2010), the SUA has presented the main problems and expropriators, the basic defense by Aramean villages, churches and monasteries to unjust land claims as well as a list of examples of villages with major land problems. SUA’s findings and recommendations led to Article 19.6 of the Council of Europe’s Parliamentary Assembly Resolution 1704, which expresses "concern about the current status of the unlawful appropriation of significant amounts of land historically and legally belonging to" the Arameans.
3. Recommendations Rejected by Turkey (pp 21-22)
It is hard to grasp why Turkey rejects the recommendations that ask for a reconsideration of Turkey’s understanding of its dated concept of ‘minorities’. Denmark’s suggestion (p. 19, #102.9) was tactfully circumvented by referring to individual rights only and to the Lausanne Treaty which Turkey has always interpreted selectively. Austria’s advise (p. 22, #103.4) was outright rejected, as were other reasonable recommendations concerning the improvement of minority rights (p. 21-22, #103.1-5).
3. Recommendations Rejected by Turkey (pp 21-22)
It is hard to grasp why Turkey rejects the recommendations that ask for a reconsideration of Turkey’s understanding of its dated concept of ‘minorities’. Denmark’s suggestion (p. 19, #102.9) was tactfully circumvented by referring to individual rights only and to the Lausanne Treaty which Turkey has always interpreted selectively. Austria’s advise (p. 22, #103.4) was outright rejected, as were other reasonable recommendations concerning the improvement of minority rights (p. 21-22, #103.1-5).
4. SUA’s Recommendations to the UN and Turkey
At the Eighth Session of the UPR on Turkey, on 10 and 12 May 2010, the SUA circulated a document titled The Christian Arameans (Syriacs) of Turkey: Questions & Recommendations. It contains ten questions which are briefly introduced and followed by ten recommendations. Today, we appeal once again to the UN and Turkey. For lack of space, we end our review on behalf of the forgotten Aramean people by recommending the UN Human Rights Council and Turkey to
- officially recognize the Arameans as a ‘minority’, in line with the Lausanne Treaty and the existing international treaties on minority rights that are especially guaranteed by the UN;
- officially recognize the Arameans as ‘indigenous people’ of Southeast-Turkey, in keeping with the UN Declaration of the Rights of Indigenous Peoples signed by Turkey in 2007;
- end the delays of legal cases, as noted by the European Court of Human Rights Annual Report 2009, which ancient Aramean monasteries, villages and proprietors are facing;
- stop the illegal expropriation of huge amounts of land historically and legally belonging to the Arameans, as affirmed by the Council of Europe Resolution 1704;
- take its moral and legal responsibility in restoring, safeguarding, developing and promoting the endangered Aramaic cultural heritage in Turkey.
