Reservations: the shackles around Turkey

Speaking to Sunday's Zaman, International Federation for Human Rights Vice President Yusuf Alataş said: “Turkey has always acted eagerly and quickly about signing international agreements. But it hasn't taken the necessary steps for the implementation of obligations stemming from agreements. But pressure started with the acceleration of the EU process after 2000. Reservations could not be lifted because of the strict and narrow interpretation of the ‘state's indivisible unity with the country and nation' concept written into the Constitution. The problem stems from Turkey's inability to draft a new Constitution. Turkey needs to get rid of these shackles.”

 Education in native languages is not allowed due to Turkey's reservation to Article 13 of the International Covenant on Economic, Social and Cultural Rights, which it signed in 2000 and put into effect in 2003. The reservation states that “Turkey reserves the right to interpret and apply the provisions of Article 13 of the Covenant in accordance to the provisions under Article 3, 14 and 42 of the Constitution of the Republic of Turkey.”

 While Turkey's main excuse for the reservation is the Lausanne Treaty, Article 3 of the Constitution states that Turkey's official language is Turkish and without prejudice to international agreement provisions in Article 42, no other language other than Turkish can be taught to Turkish citizens in any educational institution.

 Another article Turkey made reservations to is Article 27 of the International Covenant on Civil and Political Rights, which was signed on Aug. 15, 2000 and came into effect on Sept. 23, 2003. Turkey argued that Article 27 contained provisions that were incompatible with the Lausanne Treaty. The definition of the concepts of minority and minority rights in Turkey has been based on a peace treaty that was signed in Lausanne on July 24, 1923. Under the treaty, Turkey recognizes only "non-Muslims" as constituting a minority and therefore refuses to consider any other ethnic group a minority. These two reservations are criticized in every EU progress report on Turkey.

 Turkey also lodged a reservation to Protocol No. 1 of the European Convention on Human Rights on the grounds that it was in conflict with the law on the unification of education. Until Turkey lifts its reservations on these three international agreements, it seems unlikely that education in native languages will be possible.

Although Turkey signed the Optional Protocol to the Convention against Torture (OPCAT) it has not yet gone into effect. This agreement foresees the establishment of an independent system that monitors all places of detention.

Although Parliament ratified the Convention on the Rights of the Child that was signed in 1990, it put reservations on Articles 17, 29 and 30 of the agreements, exempting Turkey from having to grant children the right to learn in native languages and incorporating multiculturalism into education.

Groups that fight for the right for education and publication in the Kurdish language state that the use of the Kurdish language will be guaranteed if the reservation on this agreement is lifted because Article 90 says the provisions of international agreements shall prevail over the Constitution.  

International Criminal Court treaty withdrawn from Parliament

Although Turkey joined the International Criminal Court, it placed two reservations on the treaty. Due to these reservations, the treaty was withdrawn from Parliament by the Foreign Affairs Ministry in 2007. Turkey is concerned that some articles of the treaty will pave the way for some security forces, precisely those involved in counterterrorism activities in the Southeast, to be tried in the International Criminal Court.

Turkey signed the European Social Charter in 1961, making it one of the first 16 countries to sign it. But it has kept reservations on provisions related to working conditions, the right to a fair salary, union rights, collective bargaining, the protection of children and youth on strike, the protection of working women, the right of the physically or mentally disabled to vocational education and reintegration rights since 1989.

Turkey signed the Revised European Social Charter on Feb. 7, 2005, but it has yet to be ratified. Turkey also has not signed the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages.

While Turkey put a reservation on Articles 15 and 16 of the Elimination of All Forms of Discrimination against Women Agreement signed in 1984 as well as Article 29 concerning international arbitration, it declared that Article 9 of the agreement was not compatible with the Turkish Citizenship Law. Many of the reservations were lifted with the implementation of the Civil Statute in 2002. But there are still articles that have yet to be enforced.