Turkey to bid farewell to 2009 with human rights gains and setbacks

The keyword was democratization in this year’s human rights developments. The ruling Justice and Development Party’s (AK Party) push for further democratization in the country to bring Turkey into the European Union and its doggedness in pursuing the illegal Ergenekon crime gang nested within the state and military have changed the atmosphere significantly. Experts underline that the state facing up to dark chapters in Turkish history and holding higher-ups -- especially military brass -- to account for their sins have ushered in an unprecedented era in which previously unspeakable rights violations can be discussed in the open, debated and hopefully solved. But they are quick to note that the job won’t be done until the processes begun in 2009 are completed.

Prominent human rights activist Şanar Yurdatapan told Sunday’s Zaman that the most major development of the year in terms of human rights in Turkey was the AK Party’s multiphase societal initiatives. “Because there has been an effort with regard to certain issues to eliminate the taboos that have led to the violation of many people’s human rights. Two of the biggest of these issues that have been thorns in Turkey’s side for many years are the Kurdish problem and the Armenian issue -- they are no longer taboos. What paved the way for this, of course, was the work to break up Ergenekon. The trial of generals was another major taboo,” Yurdatapan said.

In addition, government initiatives to address the problems of minorities like Alevis, Kurds and Roma have made some progress. The Kurdish initiative in particular encompasses some of the most problematic issues troubling Turkey -- ethnic separatism, terrorism and state-sponsored violence. Öztürk Türkdoğan of the Human Rights Association (İHD) told Sunday’s Zaman that the state’s official recognition of the Kurdish problem was historic. “It was the first time the problem was acknowledged by name, and the state also acknowledged that the democratic foundation of the problem needed to be addressed,” Türkdoğan said.

But despite the lengths traveled and potential for further progress, he said, serious human rights violations continue to occur with unacceptable frequency: “It’s been a year of ups and downs for human rights in our country. While there have been developments that inspire hope, on the other hand human rights violations have continued.” The Kurdish issue is far from being solved, and no progress has been made in increasing rights for the Alevi minority, Türdoğan noted, saying, “Small initiatives have been started, but they haven’t progressed nearly enough.”

He noted that there has been no decrease in the number of rights violations perpetrated by security forces in 2009, with five people dying while in custody and 33 dying in prison as of Dec. 1. A total of 252 complaints have been filed over torture and ill treatment. The excessive use of force by security forces has resulted in the deaths of five demonstrators and the injuring of 269. In addition, the handing down of heavy prison sentences to Kurdish children for participating in protests is a cause for concern, Türdoğan said. Meanwhile, the prison population is continuing to grow while legal problems persist with regard to freedom of speech and the press.

Only new constitution can address roots of rights violations

Terrorism also continues to constitute a major obstacle to the right to life, with the continued deaths of innocent civilians in the struggle between the government and the outlawed Kurdistan Workers’ Party (PKK). In addition, late-breaking developments in 2009, like a Council of State ruling calling for a stay on the abolishment of a system that discriminates against graduates of vocational high schools in university admissions, has drawn the ire of civil society organizations. And the status of civilian-military relations in the nation still must be brought up to more democratic levels, Türkdoğan said.

The failure to pass an improved constitution that would guarantee rights for all is at the root of these problems, says Ahmet Faruk Ünsal, chairman of the Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUM-DER). “I think that Turkey’s biggest problem is the bureaucratic oligarchy. If this isn’t rectified through a constitutional amendment, then everyone will remain at the mercy of the Constitutional Court, or the Council of State, or other state institutions,” he said.

Akın Bırdal, deputy from Diyarbakır of the pro-Kurdish Democratic Society Party (DTP) echoed these sentiments, saying: “The guarantor of human rights and freedoms is a democratic, civilian constitution. No progress has been made in this regard [in 2009].”