Untitled

CONTENTS
HABITAT AND THE REALITY AT HAND ............................................................ 3
HABITAT PROCESS AND DEVELOPMENT ........................................................ 5
OUR FUNDAMENTAL APPROACH TO THE PROBLEM OF HUMAN
SETTLEMENTS ..................................................................................................... 11
TURKEY’S REALITY............................................................................................ 18
WAR AND FORCIBLE EVICTION ....................................................................... 18
WAR AND THE BURNING OF FORESTS AND PLANTED AREAS .................. 24
THE POSITION OF MINORITIES IN OUR COUNTRY ....................................... 25
Armenians / Greeks / Jews, Arabs / Syrian Christians in Turkey / Yazidis / Gypsies /
Laz People / Circassians / Alaouites
THE WOMEN'S QUESTION IN OUR LAND ........................................................ 30
THE RIGHTS OF CHILDREN IN TURKEY .......................................................... 32
THE PROBLEM OF EMPLOYEES AND SETTLEMENT .................................... 34
ENVIRONMENTAL PROBLEMS ......................................................................... 35
SUMMARY OF THE STATUS QUO VS. BASIC RIGHTS AND FREEDOMS .... 36
THE RIGHT TO LIFE ............................................................................................. 36
FREEDOM OF THOUGHT .................................................................................... 37
RIGHT TO TRIAL AND DEFENSE ....................................................................... 37
THE RIGHT TO EDUCATION AND LEARNING ................................................ 38
COLLECTIVE BARGAINING AND THE RIGHT TO STRIKE ........................... 39
THE RIGHT TO HEALTH ...................................................................................... 39
THE NATIONAL REPORT OF TURKEY FOR THE HABITAT II CONFERENCE
................................................................................................................................. 40
WHAT SHOULD BE DONE TO DEVELOP HABITATIONS BASED ON
EQUALITY, NONDISCRIMINATION AND FREEDOM..................................... 41
HUMAN RIGHTS FROM A WORLD PERSPECTIVE.......................................... 43
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İHD GENEL MERKEZİ
Tunalı Hilmi Caddesi No: 104/4 Kavaklıdere/Ankara
Tel: (312) 432 09 57-58 Fax: (312) 425 95 47
İHD İSTANBUL ŞUBESİ
Sıraselviler Caddesi Çukurluçeşme Sokak No: 10/1 Taksim/İstanbul
Tel: (212) 251 41 55 – 244 44 23 Fax: (212 251 35 26)
İHD DİYARBAKIR ŞUBESİ
İnönü Caddesi Oryıl Tabipler Sitesi No:23-24 Diyarbakır
Tel: (412) 223 45 26 - Fax: (412) 224 68 14
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HABITAT AND THE REALITY AT HAND
The last major conference of the twentieth century is being conducted in our
geographical region. The fundamental characteristic of this conference is that it is the
second conference at which the problems related to human settlements are being
discussed. Our societal leaders and authorities have been working apace for the past
four years to prepare for this conference. Since 1994 certain of these activities have
been announced to the public and a round of activities have led the country up to the
present. In spite of the so-called "participatory" nature of the conference itself, the
wide majority of the governed are unaware of the existence of this conference, let
alone of its fundamental issues. Members of non-governmental agencies and
associations, who constitute a minority of those involved in the conference, appear to
be late-comers in identifying the outlook and the policies related to the conference.
Although these kinds of conferences have democratic aspects which aim at reflecting
both the spirit and the proclamations of the principles and agreements of the United
Nations, and in spite of bearing the claim, at least in terms of semblance, of
contributing towards an augmentation of freedom of speech and an abatement of
militaristic repression that which has been experienced during the period of
conference, preparation has been the exact opposite of this kind of claim and, instead,
an even more oppressive climate has been established, one in which a number of
rights and freedoms, already limited in nature, especially those related to right of
settlement, have become even more restricted. As if mocking the fundamental right of
settlement, the Housing Development Administration (Toplu Konut İdaresi) which
has been playing a major role in the organization of this conference, is put under the
direct control of Ünal Erkan (former police chief and current government minister),
the former regional governor of the region under martial law and the primary
administrator of the process of the forced uprooting of people from their homes and
land. It is then a notable violator of the basic right of settlement who is administering
the Conference on Settlement Rights. The university members who are within the
radius of the Conference Valle)" that region established because of the conference,
have been perceived as potential dangerous elements and have been summarily
re-subjected to a security investigation. Stray animals are being killed. A majority of
the street children, themselves among the victims of the forced migration, are being
expelled to areas outside the Istanbul city limits. Sidewalks and roads are being tom
apart in a last-ditch make-up flurry. A number of hoodwinking steps are being
undertaken for the so-called improvement of governments and streets, all without
seeking the approval of the residents, and all being carried out in an unplanned,
unprogrammed manner which is of no benefit whatsoever to the residents or to the
public in general.
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The conference has been used as an excuse for further limiting and forbidding the
already restricted holding of peaceful meetings and demonstrations. As if the country
were preparing for a major war, a virtual army of police is being massed in the
Conference Valley. A block of propaganda is being prepared, all made up of colored
and visual media on the subject, and all with subject matter firmly within the scope of
the official view.
While playing host to the largest conference of the twentieth century the country's
views regarding human rights, its policies of squashing underfoot the rights of the
people, have not changed a single bit. While the country is hosting this conference, it
is also continuing with the war it is currently engaging. The landings of troops on
foreign soil, termed by the government the" cross-border operations" are continuing.
The hosting of this conference is continuing in conjunction with the new
"disappearances" of those who have been incarcerated; with the never-ceasing torture,
with the non-judicial death penalties carried out by the police's unlimited and
impulsive use of fire power; with the violations of the individual's rights to defense
and a fair trial as prisoners are transported to isolation cells in prisons outside of their
judicial districts; with the incarceration and fining of countless people for having
freely stated their ideas regarding the Kurdish question or for having defended the
concept of peace; with the holding of trials of anti-war antagonists in military courts;
with the bringing to its final stages a plan for turning over the authority of the
administration of martial law to appointed governors; with the cost of this war being
placed on the shoulders of laborers and with unemployment and rising costs at record
levels.
The hosting of this conference has increased government pressures brought to bear on
civil associations. A sudden suit was brought against the activities of the Human
Rights Foundation of Turkey (TIHV) the sole aim of which is the rehabilitation of
torture victims. The increase in the number of suits aimed against the Human Rights
Association (IHD) and other civil organizations goes hand-in-hand with preparations
for the conference.
It is in such a climate then that the second phase of the Conference on Human
Settlements is being held in our country.
Problems of human settlements are of great importance in terms of the struggle for
human rights. It is for that reason, then, that on the agenda of an international
endeavor that is related, in one way or another, to the problems involving human
settlements, the stance to be assumed regarding the issues at hand should be in
accordance with the aims, ethics, and functions of the struggle for human rights. The
stance to be assumed has to be clear from two separate perspectives. The first is the
approach to be taken towards the efforts being carried out within the auspices of the
United Nations and the second is the approach that should be taken towards Turkey
which is acting as the host of this endeavor. Before we explain the reasons for our
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fundamental attitudes at both of these points, we believe it beneficial to briefly remark
upon the history and the aims of HABITAT efforts.
HABITAT PROCESS AND DEVELOPMENT
The first conference to discuss human settlements was the Conference on Human
Settlements (Habitat l) held in Vancouver, Canada in 1976. The primary problem
discussed at this conference was that of national development. With the coming of the
1980s, however, a process of rapid urbanization and immigration from the
countryside into the cities, especially that occurring in developing countries, was
acting in opposition to expectations and was serving to widen the income gap between
social strata in many cases in such a manner that the ensuing problems regarding
unemployment, education, health, housing and safety were reaching unresolvable
dimensions. The established city centers of developed countries were even
experiencing the same kinds of problems and, thus, the attention of international
experts working in the field of human settlements was diverted away from the general
problem of national development towards subjects related to urban and rural poverty
and a number of programs were initiated related to this issue. In 1988 the UN General
Assembly adopted a new agenda for human settlements entitled "A Global Shelter
Strategy up to the Year 2000." Unlike the Vancouver Conference, this program, now
called, in short, GSS came under the influence of the leadership exerted by the
economic policies adopted by the USA and the UK during the course of the 1980s.
Thus, this program included the withdrawal of the government sector from housing
problems and called for a relaxation of regulations and monitoring of housing
production and availability. The program proceeded from the assumption that smaller
projects which had, as their foundation, the inclusion of the participation of the poor,
were more effective in the long run than that of broad-based housing projects. The
GSS programs, however, with their wide scope and requirement for both institutional
and legal reorganizations, were never intensively or successfully put into application
in any single country.
The UN Conference on Environment and Development held in Rio in 1992 took as the
fundamental base the already familiar concept of "sustainable development and
re-introduced this concept to the public at large. This strategy of sustainable
development aimed at achieving international cooperation and coordination was
termed the AGENDA 21 program.
In 1992 the UN General Assembly decided to hold a conference, HABITAT II,
termed The City Summit, in Istanbul between the dates of June 3 - 14, 1996. The first
meeting of the preliminary committee was held in Geneva in April, 1994 and was
attended by delegates of all member countries. The second meeting was held in April,
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1995 in Nairobi. In addition, a number of other meetings consisting of special
committees and expert meetings have been held.
The aim of the Istanbul Conference is the formation of two main texts, the first
relating to the formulation of a basic code and contractual agreements and the second
to the formation of a global action plan. On the subject of code and agreements, the
preliminary committee has espoused the use of the basic principles incorporated in the
Rio Declaration, for the Istanbul Conference also. The concepts of these fundamental
principles are very important to the standpoint adopted by the HID which will be later
explained. What then are these principles?
"Man must be at the focal point of sustainable development. Man has the right to live
in harmony with nature and to live a healthy and productive life."
In addition, extrapolating from the fundamental principle espoused by the Rio
Declaration, the following demands have been expanded as further principles:
- Development must include environmental effects;
- Women must be allowed to fully participate in sustainable development processes;
- The vital needs of indigenous people are essential;
- The environment and natural resources of peoples under constraints, domination,
and / or foreign occupation must be protected;
- Peace, development, and environmental concerns are inseparably interconnected.
In addition to these principles three fundamental rights regarding the subject of
housing have been listed:
- Adequate housing is a fundamental human right;
- The fundaments of shelter are related to their safety and health;
- Healthy, reliable, and sustainable human settlements are a fundamental need of
mankind.
The primary aim of the global action plan has been identified as follows: "The general
aim of human settlements is related to the up-grading of the social, economic, and
environmental characteristics of the working and living environments of human
settlements, in particular that of the urban and rural poor." It has been emphasized that
the perspective of the global action plan is that in any definition of a "beneficial
society," the aims of "freedom, equality, and brotherhood" are assumed to be
prerequisite.
These principles and perspectives were declared and emphasized time and time again
at the 1994 Geneva Meeting, the 1995 Nairobi Meeting, and at the January, 1996
meeting held in New York.
As has been true with all UN conferences, Habitat II should not to be evaluated within
the official topic guidelines announced. It has been already claimed by some that
"even if the name of the conference appears to limit the discussion of subjects of
human settlements, the subjects to be discussed at Habitat II will actually be related to
the future of man's life on earth."
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The increasing expansion of struggles for human rights all across the earth and in
every corner of the world and life spheres forces even the UN conferences, which are
under the dominance of states, i.e., the fundamental instruments of power used to
violate human rights, willingly or unwillingly to have a form in which the human right
problems are discussed to some degree. Thus the basic principles included in the 1948
Declaration of Human Rights and discussed once again, in some new dimensions at
the 1990 New York Children's Summit, the 1992 Rio de Janeiro Conference on
Environment and Development, at the 1993 Vienna Conference on Human Rights, at
the 1994 Cairo Conference on International Population and Development, the 1995
Copenhagen Summit on Social Development, and the 1995 Beijing World Women's
Conference. It claimed by some that Habitat II will be the twentieth century's last
round in these series of discussions.
According to those who have been active in the preparations being undertaken for
Habitat II (and here we are not referring to the host country), the latest interpretations
of human rights now have been extended to include concepts related to a wide array of
dimensions of man's life and include such formulations as the right to a healthy
environment, the right to peace, the right to reliable food supplies, the right of man to
claim his common inheritance, and the right to development.
Before moving on to a discussion of subjects related to whether or not those who are
leading the topics presented on the agenda of Habitat II will pay heed to the
oppressed, the wide majority of the society who are the victims of the housing
settlements, of just how much this conference will reflect the voices of the people, or
just what a conference of this nature which is hosted by war criminals can possibly
achieve, we must look briefly at history to ascertain whether Habitat I did or did not
meet its own stated aims. The first conference held twenty years ago was actually a
by-product of the 1972 United Nations' Conference on The Human Environment held
in Stockholm. While the Stockholm meeting was concerned with international
environmental problems the aim of Habitat I was to include a discussion of local
environmental concerns including those of housing, shelter, infrastructure, and
transportation. In like fashion, Habitat II is itself a by-product of the UN Conference
on Environment and Development held in Rio in 1992. The decisions taken at the
Habitat I Conference can be summarized under five major headings: Land, water,
transportation, shelter, and institutions. It was emphasized that the participation was
the key factor. The backbone of the conference statement consisted of the principles
of equity, social justice, and solidarity. A second series of principles centered on the
human dignity, freedom of choice, and freedom of movement. The recommendations
included in the statement did not, however, receive the approval of government
representatives, thus causing the contractual agreement portion of the statement to be
fundamentally weak in nature. In addition, since the common decisions were the
result of a forced compromise, it is evident that no real unity was reached. It is for that
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reason then that during the course of the intervening twenty years, none of the items
included in the statement were put into decisive action or application at any national
or international level. Because the participating countries did not remain faithful to
the aims and principles of the conference, the proposals regarding human rights were
not realized in actual life.
In the sense discussed above, the aims of Habitat I were not reached. This has been, in
one way, the actual fate of all United Nations' Conferences. There are two main
reasons for this state of affairs: One of the fundamental reasons is that the UN itself
functions under the hegemony of the power apparatuses which are the primary actors
responsible for violations of human rights. Moreover, included within UN procedure
is the fact that, among all states represented, the five strongest states hold both unique
privileges and the right of veto, thus alienating the UN from its claim to be the
champion of human rights and transforming it into an institution which acts primarily
in accordance with the interests of big states and which has the nature of being an
untrustworthy institution which can even violate its own stated principles. The other
fundamental reason is that the power of sanction of the United Nations remains very
limited in nature. It is true that recently a number of precautions have been developed
which are aimed at finding certain solutions for this problem such as "closing avenues
which allow for negligence regarding human right issues through interpretive claims
of national sovereignty; by recognizing new players who are themselves outside of
government organs and by increasing their en ability;, by pointing out that the
inability to solve a problem within one country leads to that problem moving across
borders into other countries, and by demonstrating that the issue of one country
assuming responsibility for its problems is not only a national issue, but an
international one as well." For example, it has been claimed, with no little
exaggeration, that the proposals and views of civil organizations will be reflected at
Habitat II through means of the joint committee.
It is not merely a coincidence that the view stating the need for creating a new united
collectivity with the participation of civil organizations apart from the UN, has gained
an increasing strength, especially during the 1993 Vienna Human Rights Conference.
It appears as a requirement of mankind over the world to act on right and valid
grounds.
The characteristics being emphasized here remain true for all those UN conferences at
which human rights issues are so strongly proclaimed. To summarize briefly:
- At the World Children's Summit held in New York in 1990, the issue of children’s
rights
was accepted as part and parcel of the wider issue of human rights. Articles in the text
of the contractual agreement regarding children's rights pointed to children's rights of
freedom, as well as to their rights of protection. They have tried to ensure the balance
between the two ends of this scale in such a way that the governments, on the one
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hand, have recognized the rights and responsibilities of parents over their children,
and on the other hand, accepted their own responsibility of guaranteeing children a
life of basic freedoms of speech, religion, and conscience. Despite the fact that the
action program calls for equality between all children in terms of their rights, that they
will be secured freedoms of life and development, that they will gain the right of name
and citizenship and the protection of identity, that they will benefit from health
services, that they will be provided with social security, education, and an adequate
living standards, that they will be spared from all kinds of armed struggle, and that
they will be protected from the use of narcotics, a number of participating countries,
including Turkey, have not applied these agreements.
- The Human Rights Conference held in Vienna in 1993 is the backbone of all UN
conferences because of its subject matter. The conference concentrated on three main
points: The' acceptance of human rights as a historical fact; protecting and insuring
human rights, and assisting in the promulgation of democratization. One of the
principles proposed towards the vitalization of human rights is the principle based on
that of "non-differentiation." This maxim is highly significant in terms of the
continuation and the integrality of the conference series. According to this principle
the concept of human rights in its universal meaning constitutes a unified whole. That
is, countries cannot promote one individual human right while abstracting the
remaining, or they cannot presume to differentiate between rights, thus maintaining
that one right is of greater importance than the others. Despite the importance given to
this concept, the pressures placed by big states were decisive even on this conference
and thus, for example, human rights associations have not been able to attain
sufficient guarantees in terms of national laws and regulations. The concept of equal
rights for all people has not been transformed into contract articles that are sufficiently
clear. In spite of all their deficits, the mutually-accepted agreements which came out
of the conference were not put into practice in a number of countries, including
Turkey.
- The Social Development Conference held in Copenhagen in 1995 focused on
problems involving unemployment, poverty, social alienation, and the reduction of
uncertainty and insecurity in the lives of the people. The conference determined that
the acquisition of peace and security both within and without national borders is both
part and parcel of social justice and development. Even though this meeting
emphasized that peace cannot be separated from other rights, states continued to
commit war crimes. Even though this conference listed the qualities needed in order to
achieve a better society, due to the imposition of the big states the conference was
unable to provide clues as to how these requirements could be legally implemented.
According to those involved in the preliminary preparations, these clues will be
provided by Habitat II.
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- The 4th Women's Conference held in Beijing in 1995 called for a re-evaluation by
governments of all legal, political, economic, and social formations required to bring
about equality, development, and peace. While acknowledging the fact that sexual
discrimination continues to exist in almost all countries in the world, the conference
called for the participation of women at all stages of economic and political
decision-making mechanisms, that women be introduced to their basic human rights
so as to protect these rights, that women's unique needs and wishes be met, and that all
factors that tend to restrict these needs and wishes from being reflected on a
sustainable development in all of its fields be eliminated. The conference host country
China, Turkey, and a number of other participating countries completely ignored the
contractual agreements approved at the conference.
What is the reaction of the Turkish Human Rights Association (IHD) to all of these
UN endeavors and conferences?
The IHD is engaged in a struggle for fundamental rights and freedoms and follows a
path which is independent of any party, government, or country and thus works to
expose and to criticize the character of UN and the governmentally controlled
contents of UN conferences and contracts. According to IHD it is often very clear that
the UN itself often acts as a focal point of violation. It is for this reason, then, that the
IHD defends and tries to contribute to an effort aiming at international unification of
civilian organizations apart from UN. The IHD strives to identify and reveal
inadequate and inappropriate UN agreement articles and developments which operate
in opposition to the attainment of rights and freedoms of the oppressed. That is, the
UN and its endeavors cannot be assumed to operate within the maximum limits and
with the same goals as those associations dedicated to the furthermost of human
rights. This, then, constitutes the base and determining factor of our policies.
Additionally, the other facet of our policy is that while engaging in and defending
efforts on the crucial basis described above, our organization cannot ignore the fact
that the UN still has a definite function, there thus exists a requirement for our
association to try to influence, as widely as possible, the struggles and principles
related to human rights that are dealt with at UN conferences and in UN endeavors.
That the struggles towards the acquisition of rights for the oppressed that have been
ensuing for centuries must be accepted also on the platforms of the dominant powers
and the domineering powers must be forced to undersign contracts that are of benefit
to the oppressed. That is, human rights defenders take it as a duty that the conclusions
arising out of these kinds of UN endeavors and conferences must be transformed into
the most satisfactory articles of truce and collective agreements. In fact every
supra-national agreement and conference, in one aspect or another, signifies a truce
between the world's power wielders and the world's oppressed and ruled. These kinds
of truces are born out of bargaining; they are determined by and relative to the
struggle between them, and cannot be accepted as ideal ones, but they are agreements
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which must be brought into the influential realm of the struggle for rights and
freedoms. There needs to be a strong bargaining process if the gains are to be
universal and powerful in nature.
That is, despite the fact that it can be manipulated by governmental dominance as a
natural consequence of its nature, a total boycott of the United Nations and its
endeavors could never be an appropriate policy from the point of view of the struggle
for human rights.
In spite of the above, the contradictions between project and the practical principles
which differ according to processes and conditions may eventually lead to a local and
historical boycott of UN efforts, and if such is demanded by the unique conditions of
the human rights struggle, our organization must not hesitate from adopting an
alternative stance or a boycott. Here then is our historical attitude as it relates to the
Habitat II Conference:
THE HOSTING OF THE UN HABITAT II CONFERENCE BY THE
GOVERNMENT OF THE TURKISH REPUBLIC IS AN INDICATION OF THE
DOUBLE STANDARD EMPLOYED BY THE UNITED NATIONS, AND IS A
VIOLATION OF SUPRA-NATIONAL FUNDAMENTAL PRINCIPLES AND
AGREEMENT ARTICLES REGARDING THE SUBJECT OF HUMAN
SETTLEMENTS.
OUR PROTEST IS NOT DIRECTED TOWARDS THE EFFORTS REGARDING
THE PROBLEMS RELATED TO HUMAN SETTLEMENTS, BUT RATHER TO
THE FACT THAT THE REPUBLIC OF TURKEY IS HOSTING SUCH A
CONFERENCE. THE GOVERNED POPULATIONS MUST ENGAGE IN
ALTERNATIVE EFFORTS AND ACTIVITIES AND SHOULD ACT AS THE
CONSCIENCE OF THE PEOPLE. WE, THEREFORE, SUMMON ALL CIVIL
ASSOCIATIONS TO CONTRIBUTE.
Before we systematically describe the necessity for a local and historical boycott and
the way in which the requirement for such a step has arisen out of the situation as it
exists on our lands today, we believe it necessary to touch briefly on the importance of
the Right of Settlement.
OUR FUNDAMENTAL APPROACH TO THE PROBLEM
OF HUMAN SETTLEMENTS
The IHD has accepted a fundamental approach that includes the principles of the
universality, indivisibility, unity, and interdependence of human rights, the principles
that one right cannot be chosen over another and that no fundamental right can be
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made dependent on prevailing conditions. Personal, political, economic, social and
cultural rights are indivisible and constitute an integrated whole. All fundamental
rights are interrelated and one right cannot be preferred over another. Problems
related to human settlements, housing, shelter, nutrition, the environment, the right to
peace and problems stemming from other human rights are also interconnected and
indivisible from one another. Human rights constitute a unified whole; this concept
can be understood from the contents of the Universal Declaration of Human Rights.
Thus in the declaration the concepts of personal and political rights are included in
Articles 121 and the economic and social rights in Articles 21-28. The fact that rights
are integrated with one another is reiterated in the "twin contracts", as the
"International Agreement on Personal and Political Rights" and the "International
Agreement on Economic, Social, and Cultural Rights" are termed. Turkey has not yet
ratified either of these agreements. The principles regarding the universality and
integrality of human rights can be evidenced in the processes undertaken by the
Organization on Security and Co-operation in Europe (OSCE), the Paris Charter, the
1991 OSCE Document of the Moscow Meeting on Human Dimensions, and the
Declaration of the 1993 Vienna Human Rights Conference. This is not all. This
feature is also evident in the recent documents and treaties related to the rights of
minority populations and rights of peoples.
Since it was first established, the Human Rights Association has included the concept
of the Right of Settlement under suitable conditions among all other fundamental
rights. Conditions permitting, the right of settlement under suitable conditions, the
right to life, the right to subsistence, the right to lead a life of a suitable standard, the
peoples' right to peace, and the right for all women, men and children to live in a place
of safety which provides for an existence of dignity are all part of a basic and
fundamental chain of rights.
The 25th Article of the Declaration of Universal Human Rights states that, "Every
individual has the right to the necessary food, clothing, housing, and medical care to
ensure a healthy and prosperous life for him/herself and for his/her family. Every
person living under conditions of unemployment, illness, physical impairments,
widowhood, old age, and other negative conditions outside the control of the
individual, has the right to social security." Article 11/1 of the Universal Declaration
of Economic, Social, and Cultural Rights stipulates that "those governments signing
this agreement recognize the rights of everyone, for the individual and for their
families, to a continual development in living standards and living conditions,
including the right to adequate food, clothing, and housing." Both of these
supra-national human rights declarations have identified housing not only as a need,
but as a basic right. The fact that everyone has the right to adequate housing is outside
the scope of debate.
In 1969 the United Nations accepted the "Declaration on Social Development and
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Progress." This declaration, both in the introduction, and in the sections concerning
the principles and aims, has pointed out that human rights and fundamental freedoms
are inseparably related to the concepts of democracy, development and progress. In
1964 the UN ratified the Socio-Political (fundamental aims and standards) Agreement
prepared by the International Labor Organization (ILO). These principles are also in
accordance with the chapter of this agreement titled, "General Principles and the
Elevation of Life Standards." This subject was debated at the World Human Rights
Conference held in 1993 and the Declaration of the Right to Development specifically
emphasized in Article 10 of the Vienna Declaration. Article 23 of this same
declaration emphasizes the necessary precautions which must be taken with refugees
and those populations that are resettled within their own countries.
The Geneva Convention Agreements (August 12, 1949) and the appendices
consisting of Protocols 1 and 2 (1977) constitute the most important documents to
date regarding humanistic law. Included in these documents are regulations related to
the protection of civilian populations and their settlements under war conditions. Also
related to this subject is the Hague Agreement which entails the protection of cultural
elements during armed warfare and which was ratified on May 14, 1954.
The IHD is involved in drawing the attention of both the government and the warring
sides to their responsibilities relating to the right of settlement both in terms of human
rights laws and in terms of humanistic laws.
THE HOST STATE HAS VIOLATED ALL OF THE PRINCIPLES RELATED TO
THE RIGHT OF ALL RIGHTS INDIVISIBLE AND INTEGRAL IN NATURE
AND CONTINUES THESE VIOLATIONS.
As defined in article 8 of the Vienna Convention, democracy is based on the free
expression of the people to define their political, economic, social and cultural
systems and their full participation to all parts of their lives." In this context it is clear
that there is no a democratic process about human settlements in Turkey.
But Turkey is in a position of practicing war policies by militarist and monarchist
methods relating to the fundamental rights and freedoms, the right of settlement, the
right of the peoples to peace, the settlement areas of native peoples and the protection
of natural resources and cultures and persists in the practice of these policies. The
people are taken prisoner in a politically and legally anti-democratic process, as an
attack on fundamental rights and freedoms. There are extensive and systematic
violations of various human rights and fundamental freedoms as a state policy. There
are violations of human settlements to a degree which is not seen in other parts of the
world. There is a process which is a culmination in the 1990's of traditional migration,
urbanization and urban problems, city planning, and the misdirected allocation of
resources. This process is the policy and the practice of "enforced resettlement" which
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went beyond to "compulsory evacuation" policies of 1925-1937.
The UN aims to solve inter-state conflicts and the internal problems of every country
by peaceful means. Human rights and fundamental freedoms can only be used and
developed in a climate of peace. The rulers of Turkey will not consent to change the
anti-democratic legal framework and does not allow the freedom of speech. Thus
Turkey's administration violates the principle of peaceful solutions to problems and
that of "freedom of expression" which is part of the definition of democracy.
The existence of the Kurds is not accepted in the Turkish legal framework. The
Kurdish problem is denied and is evasively reduced to the "Southeast problem" or the
"problem of underdevelopment. They want to solve the problem by war, militarist
methods. In the continuing war, the rulers of Turkey violate the principles of
humanitarian law and target civilians and settled areas. Nearly 3 million Kurds have
been forcibly evacuated so far. Villages, forests and houses have been burnt and
evacuated. According to IHD data, 2657 villages have been evacuated. This
corresponds to nearly 150,000 houses and 150,000 families.
By the policy and practice of forced displacement, they aim to depopulate the region
and to get the Kurdish population and other minorities (Süryani, Keldani, Yezidi etc)
out of the region.
The policy and practice of forced displacement have been put into effect as part of a
secret plan. None of the government programs or development plans states this policy.
People living in certain areas who have to evacuate their villages have no knowledge
of this plan. The people whose villages are evacuated are people of certain ethnic
origins and living in certain regions. The evacuation of villages is also realized with a
policy of denial. The evacuation of villages brings with it the destruction of the
cultural and historical values of a people. State of Emergency Region governors
evacuating the villages could not explain that they used the authority imbued in them
by the State of Emergency Law. The official explanation is always that "people move
from their villages because of terrorism". Ministers of the Social Democratic Populist
Party and Republican People's Party who participated in government for 4 years could
not explain who decided on and practiced this policy.
Article 9/ a of the State of Emergency Law, No. 2935, refers to measures of the
"evacuation of certain settlement areas" and in reference to article 9, article 11 also
refers to measures of evacuation of settlement areas. Decree in the Rule of Law no.
285 (article 4/ a) gives this authority to the State of Emergency Regional Governor. In
spite of the legal situation governors of the State of Emergency Region have not
undertaken legal responsibility for the evacuation of one single settlement area so far.
They cannot make any statement or show any documentation to the effect that they
have paid indemnities to people they have forced to move.
There can be no nationalization of village land according to Turkish Laws. There can
be no evacuation of settled areas for economic or technical reasons (e.g. dams) or
14
rehabilitation services (such as opportunities for and material support for new jobs for
people in the evacuated areas who live by farming and livestock dealing, etc). As they
cannot use their properties effectually, they should be supplied with indemnities for
their property, but this is not the case. In this context, the rulers are in violation of
article 2 of Protocol No.1 of the European Convention of Human Rights.
As a result of the policy of forced evacuation practiced in a very extended
geographical area, the population structure is changing. Certain areas are now
depopulated areas and nearly 3 million Kurds and some Süryani, Keldani, Assyrians,
Yezidis and Arabs have been forced to move other regions.
The policy of forced evacuation violates more than one right of more than one sector
or group of people simultaneously. Forced evacuation does not give people the
opportunity to plan their futures, or live today in security.
Habitat II is not organized in order to create public opinion against forced evacuation,
to solve the problems. It is not organized to change the conditions of countries living
under extraordinary conditions (war, earthquake, and flood). It does not aim to take
into account how the right of settlement is violated because of war. It is being
convened in a country which denies the inseparable relation between the right to
peace and the right to settlement. Its natural logic is that "Turkey is a developing
country. It may not have enough capital accumulation, it is accepted that the migration
from the country to the cities is for economic reasons. Administrative and legal
measures, problems of planning and technical practice, and settlement problems of
Turkey and the rest of the world will be discussed and solutions will be provided."
This is a superficial description and the real Turkey does not correspond much to it.
Turkey is on the top of the list of the most problematic areas in relation to human
settlements. Turkey is first in relation to forced evacuation. The State of Emergency
Region is as large as Bosnia-Herzegovina and more than half of the total five thousand
villages of the region have been evacuated.
The principles that orientate Habitat are violated by the host state. "The right to
adequate housing", which is a fundamental human right of millions of people, has
been violated. Millions of people's right to secure and hygienic housing has been
destroyed as a result of the militarist policies of the state; the right to hygienic, reliable
and sustainable settlement, which is a fundamental necessity to millions of people, has
been prevented by the state and a war climate threating all rights has been created.
The principles of the Rio Conference, which are affective in relation to activities of
Habitat II, are also violated by the host state. Let alone the right of protection of
settlements of native peoples and living areas being assured, settled and living areas of
the native peoples have been destroyed together with their cultural, historical and
environmental values by the systematic planning of the state.
While Rio principles consider the principle of the protection of the environment and
natural resources of the people living under conditions of pressure, violence and
15
occupation, even in war conditions, the host state, by violating all the principles of the
rules of war, also violate this principle.
According to Rio principles, while it is necessary to secure the full participation of
women in development, in the war environment women are in the front line as war
sufferers, and in metropolitan areas discriminating laws and practices continue with
all their cruelty.
According to Rio principles, peace, development and the environment are an
indivisible whole. The problem does not consist of the problem of adequate housing
alone. For example environment problems are directly related to political background,
freedom of organization and expression and freedom of communication. It is related
to freedom of association and demonstration, the right to establish associations and to
be active therein. It is directly related to right of peace.
it is of importance to mention some parts of the historical document of the Vienna
1993 The World Human Rights Conference including the recommendations of the
Working Group relating to forced evacuation, displacement and the right of
settlement which took an important place among the documents which are important
in relation to Habitat's aims and activities. The third paragraph of the
recommendations states that the Group confirmed the claims of the various UN
human rights establishments including UN Human Rights Commission and UN
Council of Economic, Social and Cultural Rights that forced displacements are a total
violation of human rights especially in reference to the right to adequate settlement. In
this document it is recommended that the UN Human Rights Commission appoint
urgently a special reporter for forced displacement to document, publicize and in
particular to prevent human rights violations arising from forced displacement
practices.
It is clear that formal Habitat activities have not adhered properly to these principles
and have not had any such aim.
Today Habitat II is meeting in a state structure in which the names of villages, plains,
mountains, rivers and even flowers are changed; it is prohibited to name children
according to ethnic origins and traditions. These prohibitions can be seen in article 2/
d of the Law of Provincial Administration, No. 5442, article 5 of the Surnames
Regulations and article 16 of the Law of Population Registry Law No. 1587.
Today the host state does not allow people forced to move from their homelands to
return to their homes, but as the final stage of the forced migration has brought
"Central Village Projects", which mean compulsory residence according to the state's
will, onto the agenda. On page 147 of the Official Gazette of 25 July 1995, in relation
to the 7th Hear Development Plan (1996-2000), it was said allusively that "Village
group centers which will provide services to rural settlement areas in a superior
degree primarily to East and Southeast Anatolia Regions are supported as Central
Villages." That it did not refer to villages and regions subjected to forced
16
displacement is concrete evidence that there is no change in the denial policy.
Habitat II cannot be dealt with in isolation from democracy and human rights. Human
settlement problems cannot be dealt with only from a technical point of view. Its
political and democratic dimensions are fundamental and cannot be denied.
The host state, which is destroying the whole region in which Kurds live, harming
peoples living in the region and continuing the war which is the source of human
rights violations in every area of life, is now trying to hide its war crimes.
While the daily expenditure of war was 1 trillion 250 billion TL according to 1994
data, it has now reached 2 trillion TL. The economy of Turkey as a whole has
decreased by 8.6% because of war. 1994, 1995 and 1996 were years in which national
income decreased the most? The inflation rate reached an apex of 150% in 1994. The
burden of the war is on the shoulders of laborers, poor people and other earners. The
wages of public officials and workers have decreased by 60-70% and by 40-50%
respectively in real terms.
According to 1994 official statements in the State of Emergency Region, the numbers
of 300,000 soldiers, 170,000 special team members and 56,000 guards increased in
1996.
Up to May 1996, the number of the people who died in the continuing war has now
exceeded 23,000. The studies of 20 cases between 1992 and 1995 by Human Rights
Watch, reports resulting from interviews with Turkish soldiers who had resigned from
their jobs, and American officials and defense experts state that the host state has used
weapons from the US and other countries belonging to NATO against civilian
settlement areas. The same reports also state definitively that planes and helicopters
were used for destroying villages, and NATO member weapons for extra-judicial
killings, torture and arbitrary shootings. According to 1994 data Turkey is the leading
state importing guns and weapons. The US supplies 80% of the weapons bought by
Turkey. Other countries who sell weapons to Turkey are Germany, Italy, France,
Holland, England, Spain and Canada respectively. The weapons of these countries are
used in the State of Emergency Region.
The national report and action plan of the host country is one which consciously
overlooks the problems of democracy and human rights of Turkey and the problems
of minorities, conceals the problems of the Kurds in relation to settlement areas, does
not refer to armed conflicts and their results, and does not examine the problems of
education, health-care and environment or the living conditions of the civilian
population, even those of children, women and the aged. The report does not mention
re-settlement or their adaptation to life in the "Ten Priority Subjects". It recommends
facilitating the rehabilitation of those forced to migrate and providing houses for
them.
The recommendations and evaluations represent certain views which reflect the
official policies of the state encouraging discrimination. (We will deal with this report
17
later in detail.)
Like the Munich Olympics in Hitler's Germany, Habitat II is organized in a country
with the biggest forced displacement in the twentieth century. Habitat II is organized
in a country in which a cruel war is continued, extensive and systematic human rights
violations are continued and NGOs are exposed to various oppressions of the state.
The IHD sees the conference organized in Turkey in which all international rights
related to the right of settlement are violated as a new non-principled attitude of UN
and opposes it. In order to prove the rightness of this decision, we expose Turkey's
reality with objective data.
TURKEY’S REALITY
On the basis of the principles that human rights are universal, whole, indivisible and
that one right cannot be preferred at the expense of others, we try to review various
concrete facts observed in many areas related directly to the right of settlement.
WAR AND FORCIBLE EVICTION
Throughout history people have often been forced to leave their homes for various
reason; reasons such as insufficiency of land, changes in climate, or natural disasters,
were decisive in the occurrence of such migration movements. These migrations are
understandable movements which were caused by the normal course of development,
inner dynamics and changes in natural needs.
However, consequences suffered by peoples who are forced to vacate their lands are
quite different as their natural resources are despoiled, and their towns are set on fire.
Such people are forced to vacate to other areas, or they are left no choice but to leave
their homes to survive.
In recent history, Ottomans paved the way to one of the most tragic forced
evacuations in history, as they forced Armenians to leave their homes where they have
lived for centuries and founded civilizations. Many Armenians suffered death due to
hunger and cold during this forced evacuation. Palestinians were also made to go
around the world due to genocide aimed at them. Kurds are no exception. Invasion
and occupation acts are often observed in regions where Kurds live.
Policies of forced eviction have been pursued at full speed between 1920 and 1940.
The Code of Peace Declaration and the Code of the Supreme Court were enacted on 4
March 1925 and 31 March 1925 respectively, in consequence of which the Kurds
were forced to migrate to the west in groups, not constituting majorities in the new
localities. Their homes were offered to Turks. Such devastation and destruction
policies were called "uprising and repression". These operations were continued at
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full speed between 1925 and 1928. As per Settlement Law no 885 of 31.05.1926,
which regulates operations of exile, "The Ministry of Internal affairs has the right to
regulate the settlement of the communities within the country. In his execution of this
power, Ministry of the interior shall consider the loyalty of such people to Turkish
culture." (Republican People's Party Congress, 1924)
A map issued at that time divides Turkey into three regions. Theist region is the
Western region, which has adopted Turkish culture, the 2nd region corresponds to
areas where immigrants were to be settled and the 3rd region is the Eastern and
South-east region which was to be emptied completely and in which settlement and
movement was forbidden. According to a statistics, 206 villages were emptied totally
8758 houses were burned down between 1925 and 1928.
As per "Forced Settlement Law" no 2510 dated 14.06.1934, which consists of 52
articles, the East and South-east regions have been decided to be areas where Turks
should be settled and Turkish culture should be popularized. These policies remained
in effect until 1951, for 17 years without interruption. Issues relating to the
"Acceptance of Refugees and Immigrants" were regulated in addition to this law to
clarify the situation of the Turkish population to be settled in areas that had been
emptied in consequence of forced settlement. In accordance with this law, Turkish
immigrants were invited from Yugoslavia, Romania and Russia and they were settled
in areas vacated with special incentive measures under state guarantee. It was decided
to empty these areas, which constituted two-thirds of the total Kurdish settlements, by
depopulation, and to keep these areas closed to Kurds. It was judged that "only Turks
may settle these areas". Article 9 of the Forced Settlement Law determines the parts of
Turkey where the inhabitants of the regions to be vacated shall be settled. People to be
evicted from the places to be declared a Forbidden Zone shall be settled in villages in
the Aegean region, Marmara region and Thrace in groups not exceeding 5% of the
population. Article 10 of the law envisages the seizure of all assets of the families to
be exiled. Article 11 of the same law bans exiled
Kurds from forming collective villages or districts or workers and artists groups.
Article 12a finalizes the provision reading "No individual remaining indifferent to
Turkish culture shall be settled" for vacated areas. According to Article 12e, the State
shall guarantee any and all incentive measures to ensure free settlement of Turks, and
government officers from the Aegean region, Thrace, the Black Sea, Mediterranean
and Central Anatolia desiring to move to Kurdish towns, as well as of those who
perform their military service in Kurdish towns and wish to settle there. Article 13
says that Kurds shall be exiled to the Mediterranean and Aegean coasts and to the
Marmara region, and that Kurds performing their military service there shall be
encouraged to marry and settle in these regions after their discharge. Special attention
and effort have been exerted to prevent Kurds from forming communities in villages,
districts or towns. Article 13 aims at the dismembering of Kurdish community even
19
down to the family unit. It has been judged that parents, married sons and married
grandsons shall be evicted to different areas. Paragraph B of this article rules that
those families evicted from Kurdish towns to the west shall not be allowed to move
from their settlements even after 10 years and that no-one can change places without
the permission of the governors. Article 39 reveals that any and all aid to be given by
the state to Turkish immigrant families who settle to Kurdish towns as well as to other
Turkish families settled by the government are honorary in character, and that the land
and dwellings given are free of charge.
Article 39 also states that lands and dwellings are given to Kurds evicted from
Kurdish regions to the west on credit and that even the transportation charges shall be
collected from the evicted people. In 1937, inhabitants of Dersim were also subject to
mass exile policy which was conducted until 1936 within the scope of "Forced
Settlement Law". August 6, 1938 witnessed a decision of the Cabinet regarding the
declaration of Tunceli as forbidden zone. Decisions adopted for application thereof
are interesting: "5 - 7 thousand of inhabitants of Tunceli shall be transferred to
western districts (those living outside this forbidden zone are no exception), the
region shall be cleansed of arms, and sentenced people shall be immediately executed,
as many forces as required may be called to the forbidden zone.
The distribution of immigration from Kurdish districts to cities by districts is as
follows. (Source: State Statistical Institute) In-country migrations according to
permanent residence:
Adiyaman (15,690), Agri (15,484), Bingol (8,856), Bitlis (12,122) Diyarbakir
(30,433) Elazig (18,865), Erzincan (21,182), Erzurum (46,911), Hakkari (2,633),
Kars (49,900), Malatya (26,003), Mardin (21,558), Mus (21,585), Siirt (13,752),
Tunceli (19,446), Sanliurfa (22,582) and Van (13,929), totaling 355,962 of which
36% migrated to Istanbul, 24% migrated to the Mediterranean Coasts and 39.6% to
other provinces. After the military intervention on September 12, 1980, the host state
accelerated its exile and forced evacuation policies. Non-Muslims in particular (such
as Yazidis) suffered suppression and mass migration.
If we disregard the mass evictions experienced due to the Kurdish revolts between
1924 and 1939, we can determine the date of migration to big cities and to the west as
the 19505. Migrations to urban centers and to the west during the 30 years between
1950 and 1980 are understood to be different from the Kurdish evacuation between
1980 and 1996. Former migrations were caused by the exploitative socio-economic
system and dominating policies of dominant classes which deny the Kurdish
existence, but the real reason was economic in character, that is, people suffered
poverty. In short, the first migrations are economic in character. The political aspect
of former migrations used to manifest itself in escape from the oppression of the
"aga"s and the state (particularly, torture at the hands of the gendarmes and
commanders). Former migrations were by-products of the Turkish assimilation policy
20
followed in Kurdish districts and rural areas. Until the 1980s, Kurdish migration was
spread over time and was rare. We cannot talk of mass migration. Former migrants
often settled around the industrial centers of cities. Therefore villagers were
transformed into workers. Former immigrants were the poorest Kurds, seasonal
workers having no land.
However, migrations experienced as of the 1980s are characterized by political and
social features. Migrations are ethnic, religious and sectarian in character (Kurds,
Syrian Christians, Yazidis, Armenians, Arabs, Alaouites). Kurds have made their
mark on these migrations. However, in the past migrants used to have a complex
structure. For example, Syrian Christian migration from Kurdish provinces to Istanbul
which began as of the 1960s became massive after the mid-1970s and 19805. There
were 40,000 Syrian Christians in the region in the beginning of the 1980s but this
figure was reduced to less than 5,000 by the 1990s. Assyrian (Syrian Christians and
Caldanians) migration, mostly to Europe, paved the way to a community of 12,000
people in Istanbul. Among 1,800 minority families who migrated to Istanbul due to
war, 1,600 are Syrian Christian, approximately 100 are Caldanian. These 1,600
Assyrian families migrated from Mardin (1,100), Diyarbakir (400), Adiyaman, Elazig
(200) and Malatya-Siirt-Urfa-Hakkari (100) (1991). Almost no Armenians were left
in the region except for some groups in Adiyaman Gerger - Kahta. Having different
religious beliefs from Sunni Kurds who are of their race, Yazidis were left no choice
but to leave their homes and to settle in Istanbul or in Europe due to war. Because of
10 years of war, today migration is massive and mainly participated in by Kurds. Now
we are talking of tens of thousands of families and more than 3 million people rather
than individuals or a few families. .
According to the officially-based data of Aksiyon magazine dated 3-9 June 1995,
approximately 85-90% of the total population has migrated from Kurdish villages to
city centers, in other words, 5 million people have been displaced. Distribution by
provinces is as follows:
Diyarbakir 750,000, Batman 200,000, Mardin (Kiziltepe) 220,000, Malatya 20,000,
Gaziantep 350,000, Van 300,000, Sanliurfa 400,000, Hatay (Iskenderun) 15,000,
Adana 1 million, Mersin 700,000, Antalya 120,000, Mugla (Fethiye) 20,000, lzmir
200,000, Istanbul 1.5 million, Hakkari 40,000, Bingol 40,000, Agri 45,000. We
should also consider many immigrants who went to Europe.
Evacuation has occurred out of control of individuals. Oppression and violence
policies as well as the war paved the way to the migration. Therefore Kurdish
evacuation has occurred among the rich and the middle classes, as well as the poor.
Ethnic identity has surpassed class culture and identity. Former immigrants settled
around industrial centers and experienced a class transformation, but this is not the
case for new immigrants. On the contrary Kurdish people migrate to cities where their
relatives live due to security problems. This is a mass migration and the coffee-houses
21
are full of unemployed people. Whereas individualism was the basic motive for
former immigrants, Kurds, namely the major actors of the new migration, have no
trust in the state who suppress, torture them and evict them from their homes. This is a
collective and social phenomenon. The State evicts Kurds from their land, taking
away their all assets. Kurdish immigrants whose families are destroyed and who have
rushed to cities in fear of death, live in poverty and hunger. Kurdish eviction is not
stable, that is, horizontal movements increase. Squatters' houses built up by former
migrants were better as compared to the ones constructed by current migrants. Their
roofs touch each other. They are mostly poor structures. While the average population
of a family in former shanty houses varies between 4.7 and 5.1, the number of people
living in the single-room houses of new migrants varies between 8 and 40 in number.
In the State of Emergency region, 2,489 villages have been set on fire and partially or
completely evacuated; numbers by years are as follows: 874 villages in 1993,2,374
villages in 1994 and 95 villages in 1995. This figure exceeded 2,500 in 1996.
Approximately 3 million people have suffered the consequences of village
evacuations and forced evictions. Forced to migrate without any guarantees for
security reasons, these people have been left no choice but to live in unhealthy and
poor settlement conditions in the cities of the region or in western cities.
The policy of "depopulation in Kurdish population centers" adopted and executed by
the state in consequence of its view of Kurdish problem, arises due to two major
reasons; first, as a prerequisite to winning the war between the state and the PKK,
deprivation of any and all logistic support of the PKK is essential. This point has been
expressed by government authorities. Second, civilian people are forced to take sides
in the war with PKK. Civilian people are to pay the cost of this war because of this
understanding which is completely in contradiction with the concepts of the modern
state and human rights. The "Village guard system" is a practice executed for this
purpose even though it causes oppression of civilians. Civilians are given arms and
forced to make war against the PKK against their will and this is one of the main
reasons for the evacuation of settlements. Many people and families who did not agree
to be village guards have been forced to vacate their villages. Their houses have been
set on fire to force them to migrate. Another reason for the migration is that the state is
forcing civilians to collect information and act as informers for the state against the
PKK.
Three basic methods are employed in village evacuations which are directed by the
state to eliminate the PKK's logistic support and to draw the civilians into the war:
Firstly, people are forced to migrate due to oppression executed directly by the
security forces of the state. In this respect, military troops, special action team and
village guards evacuate villages, declaring that they are conducting operations against
the PKK. During these operations, civilian settlements are bombed intentionally by
Land and Air Forces.
22
Secondly, people are forced to migrate as their means of subsistence is eliminated.
'Prohibition of camping in the summer pastures' is a major way of depriving Kurdish
people of their subsistence. People of the region earn their daily bread by livestock
breeding and prohibition of camping in the summer pastures causes incurable damage
to the economic life of the people in the region. As a result, many families have been
left with no choice but to migrate. Furthermore, fields are destroyed in the
bombardment during the permanent military operations in the region, and fields
cannot be cultivated due to the risk of working in rural areas during such operations.
Village guards usually attempt to set the crops on fire or to prevent harvest. These
events have paralyzed agricultural life. This situation constitutes another reason for
forced evacuation. We should also mention the partial embargo applied by military
troops.
The third reason is 'security', which, in fact, does not reflect the truth. As the
settlements in rural areas are small and wide apart, government officers claim that
inhabitants cannot be protected against the PKK. Therefore all settlements have been
evacuated by the state. Since the state does not provide any opportunities to the
evicted people and leaves them no choice but to live under poor conditions without
any governmental support, we can conclude that real purpose of this policy is
depopulation.
This current policy of depopulation, which paves the way to setting on fire and
evacuation of settlements of Kurds, features the following properties: This method is
used as a way of suppressing the revolt. i.e; the state sees anything as justified to win
this battle. This is a general practice where there is no discrimination. It includes all
Kurdish settlements and aims at the total purification of this region. The situation of
each settlement is never considered and it is never questioned whether it is really
necessary to evacuate these places or not.
The policy aims that evacuated villages not be opened to settlement again. Common
property is devastated and evacuated units are burnt in a manner to render
re-settlement becomes impossible.
Evacuated civilians are not offered any state support. Since the state does not fulfill
the responsibilities envisaged by national and supra-national law, approximately 3
million civilians have been forced to live in the ghettos of big cities, lacking healthy
conditions.
The policy also includes the maltreatment of civilians. Torture, extra-judicial
execution, disappearance in custody sexual molestation and rape are integral parts of
this complete depopulation policy.
The policy also causes irreparable damage to environmental, cultural and historical
values.
As per the survey conducted by Istanbul Branch of IHD (Human Rights Association)
between 1993 and 1994 with the participation of 341 migrant families consisting of
23
3,258 people in Istanbul, Bursa and Mersin, the children of 53% of the migrants could
not go to school, whereas 89.1 % were not be offered housing. Most migrants lived in
shanty houses. 78.9% were refused employment due to their Kurdish identity.
Similarly 88.79% complained of oppression in their new settlement due to their
Kurdish identity. 71.5% had been put under arrest as they are Kurds. 83% of the
employed work without social security. 53.5% had not had the opportunity to visit a
doctor after the eviction. 55% had migrated in the previous year, 11 % in the year
before, 5% in the year before that, and 7% in the year before that As for reasons for
migration, 12% mentioned economic reasons, 2% mentioned health problems, 1 %
told of education problems, 58% mentioned war, 15% said security problems, and
8.7% mentioned other problems, which include those relating to the PKK at a small
percent.
99.9% of the migrants said that they suffered from state oppression. 15% related that
their villages had been set on fire, 16% said that their villages as well as forests had
been bombed, 16% said that their crops had been set on fire and their livestock killed,
24% said they had been tortured, 20.5% said they had been threatened to make them
agree to becoming village guards, 58% said they had been put under arrest, 27% said
that their relatives had disappeared in custody.
Now the host state which is the agent of such breaches of settlement rights is the site
for HABITAT II. Shanty towns or migrant districts have been created in all places
where there is migration. Approximately 3.000 migrants from Diyarbakir and Mardin
live in tents in the Gaziemir, Torbali, Orenkoy and Kemalpasa districts of Izmir
province. This is also the case in many other big cities. The proportion of shanty
housing was 29% in Izmir in 1985, but it had reached 49% by 1990. Having suffered
due to the war and the oppression policy, evicted people are taken advantage of by
building plot profiteers and the like.
WAR AND THE BURNING OF FORESTS AND
PLANTED AREAS
Forests and cultivated fields around Kurdish settlements began to be set on fire as of
1984 for the sake of eliminating logistic support and shelters for the PKK. This
practice reached its peak point in 1994. The burning of a minimum of 40,600 hectares
of forest and fields was reported only in June 1994, during which forests and
cultivated areas around 100 villages were set on fire by security forces. In July 1994,
120 villages suffered the same consequence. The total cost of the crops set on fire in
Kulp, Lice, Hazro, Silvan, Dicle and Ergani alone was 100 billion TL. August 1994
witnessed the burning of forests and cultivated areas around 100 villages, another 60
villages followed suit in September 1994. 40 more villages suffered the same
consequence in October 1994. Burning continued in 1995 and 1996. It is not an
exaggeration to say that today there is no forest left in the state of Emergency Region.
24
Particularly after 1990, even the rights recognized by the Lausanne Conference with
regard to minorities have been Violated and an increase has been observed in attacks
against Armenian churches, the Greek Patriarchy and Jewish and Armenian
graveyards. The bulletin issued by the Chairmanship of Film, Radio and TV
Education attached to the Open Education Lycee Directorate and sponsored by the
Ministry of Education in January 1994 requests that any and all students not taking
religious culture and ethics courses should prove that they are Christians or Jews.
Assets of the Armenian Protestant Church are being seized by the National Real
Estate Directorate on the basis of amendments in the law even though this means
breach of explicit provisions of the Lausanne Agreement. Minorities have been
prevented from opening new schools or increasing the number of their schools on
grounds of the new law enacted after the military intervention made on 12 September,
1980.
Armenians;
One of the native peoples of Anatolia, the Armenians once lived almost all over
Anatolia, particularly in the East, under Ottoman rule. They were granted the status of
"millet" (nation) hence a certain degree of autonomy, during the process of
reformation starting with the issue of the Tanzimat Decree in 1839. Mass deportation
of Armenians from Anatolia took place in 1915 during World War I when the
Ottomans were fighting against the Russians in the East. The decision of deportation
was taken on the grounds that Armenians behind the front line collaborated with the
Russian army. During the deportation large numbers were either killed by the militia
specifically organized for this mission or died of hunger and disease. The Armenian
genocide, for which contradictory figures are given by different sources, is still
considered taboo in Turkey and publications on this question are banned. Following
the genocide a community of around 50,000 remained, mainly residing in Istanbul,
whereas before the deportation the population was estimated to be around 3 million.
The Armenian-speaking population was registered to be 57,000 in the 1935 census
and 58,000 in the 1965 census. The current figure is estimated to be about the same.
As for the religious formation of the community, three churches are actives The
Armenian Apostolic Church (Gregorian Orthodox), the Roman Catholic Church and
the Protestant Church. The Gregorian Orthodox Church, to which most of the
Armenian community is affiliated, is directed by a Patriarchy in Istanbul.
Greeks:
The Capital Law enacted in 1942 was an attack on the assets of non-Muslims, and
25
Greek people in Turkey were no exception. Assets of those failing to pay their taxes
were seized and such people exiled to Askale. Turkey canceled the residence permits
of Greek citizens in response to the Cyprus problem. Turkish relatives of these people,
who had taken advantage of a law of 1930 and lived in Turkey, were also included
within the scope of this practice, so 20,000 Greek people were left with no recourse
but to migrate to Greece with no more than 20 kg of personal goods and 20 TL. The
mid 1960s witnessed the Turkification of Imroz and Bozcaada. Greek villagers' lands
were expropriated in Imroz and live animal and meat exports were banned to destroy
livestock breeding, which was the main means of subsistence of the island's
inhabitants, who had also been disturbed by the prisoners kept in the open agricultural
prison established shortly before on the island. Military forces were deployed on both
islands and migration was enforced to the islands from various parts of Anatolia. The
name of Imroz island was changed to Gokceada and the Greek population left both
islands.
Migration from Turkey to Greece increased particularly after thel974 Cyprus act.
Today there are only 2,000 Greeks in Istanbul and oppression still continues under
various forms. A media campaign against the Fener Greek Patriarchy is participated
in even by the Grand National Assembly. The seminary in Heybeliada was closed in
1971 and the education of Orthodox priests prevented.
Since the agreement regarding the exchange of tutors between Turkey and Greece
cannot be implemented due to conflict between the two states, many courses in Greek
High Schools in Turkey cannot be attended by teachers, and students are not deemed
to have passed these courses, in consequence of which they suffer great problems in
graduating from high school and entering university every year. The conquest spirit is
being reawakened and campaigns are underway to transform St. Sophia, a Byzantine
historical monument, into a mosque. Greek charities are prevented from acquiring
assets and their real estates are seized like other minority foundations.
Jews:
81,000 Jews were determined to have been living in Turkey as per the first census
conducted during the Republican period. Since today ethno-religious identity is
disregarded in census, statistics rely mainly on information provided by Jewish
communities. Approximately 25,000 Jews are thought to live in Turkey, most of them
being in Istanbul. One of the communities granted minority rights after the Lausanne
Agreement, Jews were bereft of their minority rights in the field of personal law
before the acceptance of Civil Code. Ladino, the former mother tongue of the
community, is now spoken only by the late - middle-aged generation. The younger
generation speaks almost only Turkish. After the foundation of the Israeli
Government in 1948, Jewish migration to Israel increased. Official circles indicate
26
Jews as a symbol of tolerance to different religious and ethnic structures, but the
Jewish community left these lands largely as a result of racist and anti- Jewish policies
and campaigns carried on during the Republican period. The first plunder and
genocide attempt against Jews in the Republican era is reported to have happened in
Thrace in 1934. The Capital Tax introduced in 1942 aimed at Turkification of the
capital held by non-Moslems. It has been implemented on Jews as well as on other
non-Muslim groups. Anti-semitic campaigns have also contributed to the eviction of
Jews from this country.
Arabs:
365,340 Arabs were determined to have been living in Turkey as per the census of
1965. Arabic language is not forbidden in Turkey. However, there are no schools in
which the medium of instruction is Arabic. Similarly, geographic names were
replaced with Turkish names after 1977 and the names of centers of population have
been changed with Turkish names since 1980. This minority group has failed to
develop a social initiative to express itself.
Assimilation struck its mortal blow to the Sunni Arabs, who suffered from forced
village guardianship and forced evacuations carried out due to the war in the region.
These oppressive policies accelerated Arabic migration to western cities.
Alaouite Arabs (Nusayris) face assimilation due to their ethnic roots and religious
beliefs. Approximately 180,000 Alaouite Arabs are thought to live in Hatay and
Adana. Nusayri people of Hatay have been suffering oppression since 1939 when
Hatay was included in Turkey and there were conflicts with Syria. Particularly on the
pretext of the claim of Syrian support for PKK, intolerance IS observed in the region.
Recently there has been discussion of the inclusion of Hatay within the scope of the
State of Emergency Region. Christian Arabs (Nasranis) who used to live around
Hatay and neighboring provinces migrated to Syria and Lebanon in 1939 when Hatay
was included in Turkey. Today, there are only 5000 Christian Arabs in the region. The
decrease in the community population had negative effects on the sense of trust of the
inhabitants in Hatay.
Syrian Christians in Turkey:
Syrian Christian: in Turkey form a minority group with no official minority rights and
which is decreasing number. They suffer racist discrimination in Turkey but have not
had the necessary opportunities to protect and maintain their culture. They have
always been observed as a potential danger by the power elite. Since they have no
schools to maintain their language, Assyrian language and culture are about to vanish.
Birth Registration prevents them from naming their children as they wish. Their
27
children, particularly girls, cannot attend Turkish schools amidst fears for their safety.
Assyrian girls are often raped or harassed. Assyrian priests are even kidnapped and
forced to convert to Islam. Historical Assyrian churches are about to collapse or are
transformed into mosques. Assyrians have been often forced to convert to Islam
throughout history. Unofficially, they are denied employment in governmental
offices. Their villages have been evacuated, prominent Assyrians are kidnapped and
killed in the war. Disappearance in custody is also valid for Assyrians who are thought
to be assisting the PKK when they refuse to be village guards in the State of
Emergency Region. Suffering at the hands of crossfire in the war, Assyrians migrate
due to oppression. They usually take refuge in European countries. Settled since the
Assyrian era, these people become impoverished as they are not allowed to sell their
property and are forced to migrate. Their assets are plundered. There used to be
40,000 Assyrians before 12 September 1980, but there has been drastic decrease in
their population in Turkey.
Yazidis:
Supposed to be around 50,000 in 1966, Yazidis, as victims of the war, have migrated
to urban areas and Europe. Migration was a great calamity for them. Caldanians have
also faced similar treatment to that experienced by Assyrians. This is another
Christian ethnic group not included in the groups granted minority rights in Lausanne
Agreement. They have migrated to Istanbul.
Nasturis have suffered similar processes and most of them have migrated to America
and Canada.
Gypsies:
Supposed to be 500,000 in number, the gypsy population has always been excluded
and despised by the current system. They are seen as potential agents of crime. They
have no right to express their identity and to develop their culture.
Laz People:
Laz people, who used to be Christians, became Muslim under Ottoman domination.
Lazistan province, formed by the Ottoman administration, has been ceased as per the
"One nation, one language" philosophy of the Turkish Republic. Settlements of Laz
people have been given Turkish names during the Republican period. They have been
deprived of the democratic right to speak their own language. Today the Laz language
and culture face a serious threat of assimilation. Attempts to prevent the forgetting of
the Laz language and the vanishing of the Laz culture are often eliminated by official
28
forces. OGNI, a magazine in the Laz language, was seized in 1993. Acting against
vanishing of the Laz language and culture, Laz intellectuals can not issue the OGNI
magazine which had become the voice of the Laz people. Laz people demand a
pluralist and participatory social structure where democracy operates with all its
institutions and organizations, where they can speak and be educated in their own
language and freely express their Laz identity, so that the, Laz language shall not be
forgotten, and shall be developed.
Circassians:
Circassians, too, have been subject to assimilation during the history of Republic.
Lately, they are increasingly expressing their wish and need to speak and be educated
in their own language and freely express their cultural identity.
Alaouites:
Alaouites and Bektashis do not have the basic rights that religious groups should have.
Some researchers say that more than 20 million Alaouites live in this country. Since
the declaration of different identities and beliefs is not allowed in census, it is not
possible to obtain final figures about the population of minorities. Alaouites suffered
great torture under Ottoman rule in XVth and XVIth centuries. Official records report
the murder of 40,000 Alaouites, but other estimates give the figure of 100,000.
Alaouites have been forced to hide their identities. Some of them have even converted
to Sunnism due to oppression. Only the Celebis of Haci Bektasi Veli, and Haci
Bektasi Veli's tomb have been recognized officially. This tomb was closed down in
the Republican Period (according to the Law Regarding Closing of Dervish Lodges
and Hermitages), and then it was made into a museum. Formerly living in mountain
villages, Alaouites today live in all the cities. Due to social change and poor living
conditions, they migrated to urban areas after the 970s to find employment
opportunities. Alaouite associations try to continue their activities despite being
closed down and investigated from time to time. Alaouites have been forced to hide
their identities due to centuries of exclusion, denial, oppression and abuse. They have
been deprived of institutions where they can pray and maintain their culture. Founded
in 1995, for the first time, the Semah Foundation for Culture has stated its aim to be to
introduce and popularize Alaouite culture, but the necessary approval was not granted
for three years due to its Alaouite nature.
The Chairmanship of Religious Affairs appoints imams to mosques where members
of the Sunni sect pray, and imposes the Sunni belief on all people, with governmental
support. Only the Sunni belie, supported by taxes paid by Alaouites, Christians, Jews,
atheists and many others having different religious beliefs, is declared as a valid
religion. Minority groups of different religious beliefs as well as Alaouites are taught
29
Sunni beliefs under the title of obligatory religious education. Children of people of
different religious beliefs are made to take obligatory religious education when they
reach the age of 10. Mosques, not used by Alaoiltes, are constructed in settlements of
Alaouites, the names of their settlements are changed and Alaouites are not allowed to
give their chosen names to their children.
Recently, massacres have been suffered by Alaouites. Many Alaouites were killed in
Maras, Sivas and Corum in 1978 and 1979. Hundreds of Alaouites were "wounded
and their homes and work sites destroyed. 9 people lost their lives in the Sivas
massacre on 4 September 1978. 111 lost their lives during the genocide in Maras on
25 December 1978. 33 people were killed during the massacre in Corum on 10 July
1980. More than 600 families have migrated to other provinces.
People were burnt alive in Madimak Hotel in Sivas on 2 July 1993. More than 300
people have been killed.
Alaouites and Kurds were the majority of those who killed in police fire in
Gaziosmanpasa and Umraniye on 12 March, 1995. 21 people were killed.
THE WOMEN'S QUESTION IN OUR LAND
Turkey ratified the Convention for the Prevention of All Discrimination Against
Women in 1985, and enacted it on 19.1.1986. However, Contractual articles
envisaging equal rights for married women accepted "with reservations, to maintain
the unfair position of women in the Civil Code. Turkey did not state reservations in
the acceptance of the provision of equal rights and responsibilities during and after
marriage, the same rights and responsibilities in their relations with children, in
trusteeship, guardianship and adoption, in personal affairs of man and wife including
the choice of family name, profession or job, the same rights for women to issue
contracts and to regulate their property, equality in courts and all judicial offices, the
same rights and responsibilities to men and women in the selection of place of
residence and house as well in decisions of movement there from. The host country
insists on sexually discriminative, chauvinist laws which are in contradiction of
human rights. It appears to adhere to these laws and practices. Furthermore, the
reservations were not issued in official documents explicitly in order to conceal them
from public opinion.
Civil Code, Criminal Law, Tax Law, regulations and directions include many
discriminative provisions. As for family law in the Civil Code, chauvinist and
discriminative regulations are observed, that is, the husband's residence is deemed to
be the wife's residence, divorced women are obliged to wait for 300 days, women are
obliged to appeal to the municipality where men are registered, men are deemed to be
the head of family in law, men are entitled to decide and choose the common house,
women are required to assume the men's family name, women look after the house,
men hold the right to represent the family, the representative power of women can be
limited or canceled by men, Women cannot exceed their representative power unless
30
their men allow them, men represent their wives in actions regarding women's
personal assets against third people, children take their family names and citizenship
from their fathers, the father's vote is superior in trusteeship, actions of illegitimacy,
provisions of recognition of extra-marital children; provisions regarding the
allocation of inherited agricultural enterprise preferentially to male next of kin, goods
acquired under the principle of the separation of goods are mostly deemed to belong to
men, affiliation suits brought by women who are deemed unchaste during their
pregnancy are rejected.
A similar dominant approach is maintained in the Turkish Criminal Code: Let us
examine the Criminal Code's approach to violation against women: in articles
regulating crimes of sexual attack, entitled "Crimes committed" (Offenses against
general rules and family order) consisting of 8 parts, crimes committed against an
individual are evaluated by the prioritization of general rules, however, the individual
is pushed into the background depending on the person enjoying the protected legal
benefit.
In articles regarding rape, men are protected by certain privileges. Since Article 432/1
of the Turkish criminal Code envisages "deflowering" as a prerequisite, the existence
or otherwise of an offense is decided on the basis of the virginity of the victim rather
than event itself. Articles regarding elopement envisage different punishments
according to whether the woman is married or single. Reduction of the penalty takes
place in the case the elopement is conducted for the purposes of marriage, in which
case the consent of the woman is never considered. Adultery is defined differently for
men and women. Reduction of penalty is envisaged for events of murder relating to
adultery, therefore men have privileges in acts of violence against women. Article 453
of the Turkish Criminal Code envisages that any woman who kills her child to save
her honor shall be sentenced to a penalty of 4-8 years, which is less than the
punishments for murder, and that any relative of that woman who kills her newly-born
baby to save the honor of a woman shall be sentenced to imprisonment for 5 to 10
years.
Article 462 expresses that if the act of murder and the effective action is committed by
a relative with whom adultery is committed or an illegitimate relation exists, there
shall be a reduction in the proportion of 1/8 in the penalty. A careful analysis reveals
that the definition of acts of violence against women and children is discriminative in
favor of men in this law.
The official approach to sexual discrimination reveals itself in hotels where the
marriage certificate is asked for, In practices against body entirety where young
women are made subject to virginity controls, in sexual harassment in workplaces and
in police stations. Physical and psychological violence against woman is on the
increase in schools, prisons, police stations, families and teaching institutions. In
1995, 60 women are known to have been have been tortured, 1 raped, and 6 women
31
threatened with rape in Istanbul (these are only the cases in which applications were
made to our organization).
The unemployment rate is a significant indicator of the place of women in economic
life. In urban areas, the unemployment rate exceeds 24% for those older than 24,
while it remains above 18% for those between 25 and 39. This ratio is approximately
5% for men. Unemployment rates by level of education are extremely high for women
in urban areas. 83% of the male graduates of high schools and vocational schools
participate in labor force, whereas this rate is just 53% for female graduates.
77% of male primary school graduates participate in labor force in both rural and
urban areas, but as for women, this rate decreases to 13%. Statistics show that the
number of women looking for jobs is higher than that of men in provinces and
districts, whereas, just the contrary is valid for sub-districts and villages. This
situation arises from the fact that women work as unpaid workers in family enterprises
in rural areas. As for women having opportunities to participate in working life, they
always come second place. Research conducted in several sectors ascertain that the
number of female workers increases day by day but that the number of female workers
involved in trade union struggle has decreased compared to the 70s. Male domination
is final even in trade unions where women's organization is intensive.
Even though women were granted the right to vote in 1934, the number of female
members of parliament is low. As for the ratio of female MPs by years of election, the
relevant figures are as follows: 4.6% in the 1935 elections, 2% in 1946, 1.3% in 1973,
3.1% in 1983 and 1.8% in 1991. No increase occurred in 1995 elections.
Oppression of women reaches its peak in rural areas, due to polygamy, traditions,
approaches of prohibitionism the attitude to 'sin' and the decrease in the rate of
literacy.
THE RIGHTS OF CHILDREN IN TURKEY
It is a governmental scandal that international convention on children has been signed
with reservations, whereby Turkey has refused education and training right of
children in their own languages, and did not recognize children's right to grow up
according to the beliefs, ethics and culture of the community where they live. There
are contradictions between the legislation and practice in this country and the
provisions of Convention on Child Rights which was signed on 27.1.1995 with
reservations. The Convention rules that children have priority in socially that the
interest of children shall be taken into account, that children shall actively participate
in any and all transactions relating to them, and have the right to declare and propagate
their ideas by any and all means, as well as to form associations and organize peaceful
meetings, that private life cannot be intervened in illegally, that the aim of education is
to develop the characters and skills of children, that school discipline shall be in
conformity with the respect for children to which they are entitled as human beings,
32
that these rights are recognized to all children irrespective of sex, nationality, ethnic
roots or religious beliefs. However, in this country priority is given to school
discipline rather than the children. The main focus is the protection of order and the
regime rather than the interests of the children. The persistent official approach still
reigns and children are taught how to memorize parrot-fashion rather than being urged
to think and declare their opinions. Nationalist discrimination is dominant as children
are forced to respect their friends as Turks rather than as human beings. Political
activities are forbidden, children's right to participation is prevented and they are
deprived of their right to audition. The concept of unchastity, which is mostly
identified with girls, is adopted as a criteria, and this paves the way to sexual
discrimination. School discipline boards act as police, public prosecutor and
executors simultaneously.
Article 267 of the Civil Code reads that "Parents have the right to PUNISH AND
CONTROL their children BY FORCE" and this provision is in contradiction with the
international convention. Parents have the power to use force on their children on
basis of this law. Beaten in the family, children are also tortured in police stations.
Even though children younger the 18 are evaluated within the scope of the contract,
children below the age of 18 are still tried and actions of capital punishment may even
be brought against them in State Security Courts. The war hits children as well,
causing the deaths of many children since 1984.
Exploitation of child labor is on the increase in working life. Approximately 4 million
children are thought to be working in Turkey. Child workers are employed as unpaid
family workers in the agricultural sector. The case is no different in the industrial
sector, where child workers are mostly employed in unrecorded sectors for a very low
and illegal wage without any social security.
Thousands of children are in the labor force due to socio-economic reasons and the
unnamed war. Almost all the children of evicted Kurdish families work as boot-boys
and hawkers in dangerous streets, often being seen as potential criminals due to their
Kurdish identity. As per the Household Labor Force survey conducted by State
Statistical Institute for 1992, 3,639,050 out of 9,954}19 children between the ages of
12 and 19 worked to earn their daily bread. Only 347,314 of the child workers were
paid salaries. These only received 30% of minimum wage. There is a parallel between
the increase in the number of uninsured and unlicensed workers and the rise in
industrial accidents and illnesses. As per data set forth by SSK (Social Insurance
Institute) Almanac for 1993, victims of 9,000 industrial accidents and illnesses out of
the total figure of 110,638 were children between the ages of 12-19.430 child workers
between ages of 15 and 16 lost their lives in 1993 due to industrial accidents and
illnesses. Approximately 70% of child workers are uninsured. Therefore most of the
industrial accidents are not reflected in the statistics.
One should also consider the effects of bad environmental and energy policies on
33
children. Water supplied by dams or underground water cannot be transmitted to
houses in a controlled manner, and uncovered sewage becomes play grounds for
children. As a result, children suffer at the hands of illnesses and death. Some
unprotected and homeless children work as garbage collectors. Garbage including
dangerous waste and medical waste bearing infectious bacteria are collected without
separation and transferred to garbage areas where such children earn their daily bread.
Children are forced to breathe exhaust fumes as well as the fumes of waste from the
burning of coal. Whereas municipalities construct playgrounds in public places in
cities, children have to find their own playgrounds in shanty towns and rural areas. In
the State of Emergency Region, forests are set on fire and children suffer from the
war.
THE PROBLEM OF EMPLOYEES AND SETTLEMENT
Housing, which is a basic need of human beings like nutrition and clothing, has
become a commodity ensuring great profit. People suffer from land profiteerism. The
housing policy is virtually equivalent to profiteering and real estate acquisition.
Therefore priority has been given to numbers of houses and profitability in the
construction sector rather than where, how, under what conditions and at what cost
people have to live. As a general approach the housing problem has been determined
according to the population movement, however, no priority has been given to the
ownership of these houses, which are insufficient in number.
The "Public Housing Fund", created in the search for new organization and funding at
the outset of 1980s, was a total failure. The "Mass Housing Fund" was introduced in
1984 due to increase in the housing problem and crisis in the construction sector.
Originally, the fund aimed at rejuvenating the construction sector, but the
management and decision-making organ of the Fund has been changed three times.
Regulations followed suit as they were amended 98 times. Interfund transfers and
unsecured transfers are the most interesting features of fund system. This practice
allowed the closing of budget gaps on the one hand, and transfer of daily resources
outside the budget at political disposal on the other. Current regulations allow the
transfer of resources collected for housing and shelter to armaments. The Mass
Housing Fund has utilized 14.9 trillion TL as a source since its creation, but source
transfer (through credit) in keeping with its aims is just over half of this. The fund has
made direct and indirect contributions to the rejuvenation of construction sector. This
is best seen in private sector investments, where the construction sector now has first
place. No significant advance has been recorded to ensure that employees with low
incomes obtain houses. In fact, the fund did not have such a comprehensive target.
The Mass Housing Fund does not go beyond meeting housing demands of a limited
section of the urban population which does not prefer shanty houses and is solvent.
When it is considered that in some cases the fund offers credit to the same users
34
several times, that these users thus obtain two or three houses and that ownership is
assigned to cooperatives, the scope of this limited solution becomes even smaller.
Whereas the rate of credit for houses having a maximum area of 80 sqm is 15%, the
rate is 85% for larger houses. The rate of credit for houses having a maximum area of
101-150 sqm is 23%. This rate has increased 39% since the practice was launched in
1989. The cost of sources transferred to luxury houses is mostly paid by employees on
low income. The fund cannot help workers acquire houses. Rents in urban areas are at
least twice the minimum working wage, and there are at least 3 million workers and
employees in Turkey. Moreover, there are a significant number of children, women
and agricultural workers receiving less than the minimum wage. It is assumed that
some 3 million workers and employees receive salaries just a little higher than the
minimum wage. 1986 witnessed "housing aid" for workers, employees and
pensioners. The aim of this practice has been declared as assisting employees in
obtaining houses through the contribution of workers and the state. 6.4 trillion TL has
been deposited with the fund, but only 6/1000 of this fund has been allocated to
housing. This proves that the fund has not been used for housing funding, as in the
case of other funds.
Neither the Mass Housing Fund which is funded by indirect taxes nor the "housing
acquisition aid" contributed by the state and employers provide solutions to the
housing problems of the employees. They rather pave the way to the further
destruction of income distribution to the disadvantage of employees. Houses
constructed on building plots bought by private owners in a speculative manner are
built for and sold to those having solvency. Those having high solvency purchase
more than one house, whereas employees and workers requiring houses are left to live
in unhealthy conditions in shanty houses which are legalized as a requirement for a
cheap labor force. The aims of Habitat and those of the economic policies of the IMF
and the World Bank conflict with each other. General advice demanding the
withdrawal of the state from housing funding and the minimization of the cost of
housing and settlement are dealt with by countries and governments as directives to be
implemented long before advice decisions of UN and its affiliated organizations.
Women are forced to leave their jobs privatization practices. They are left to part-time
or take-home jobs.
ENVIRONMENTAL PROBLEMS
Water pollution, air pollution, soil pollution, unplanned urbanization and
industrialization, problems created by employment dirty industrial technology, noise
pollution, forest destruction, erosion and visual pollution are among the major
environmental problems experienced in our Settlements. Water pollution gives
signals of alarm. Sewage connection rate in urban areas is 56%, whereas this figure is
much lower in rural areas. Only 5% of domestic waste water treated in urban areas.
35
This rate is 15% for industrial waste water. Therefore, more than 80% of waste water
in Turkey is discharged with amount to 1 billion cubic meters industrial waste water.
65% thereof is charged to sea, 20% 15% to urban sewage system.
According to figures given by the Iller Bankasi (Bank of Municipalities), the sewage
system completed so far serves a population of only 7 million, 17% of those living in
the cities.
Like other environmental problems, the disposal of solid waste has become
increasingly problematic and is creating daily emergencies such as fires and land
slides at sites. More recently there was a land slide at the Kemerburgaz Disposal Plant,
and last year, a small scale fire at the Ümraniye Plant.
The rapid increase in population has inevitably led to an increase in the total amount
of waste collected, with accompanying costs in collection, transfer and disposal.
Air pollution has reached dangerous levels, with no change in sight.
SUMMARY OF THE STATUS QUO VS. BASIC RIGHTS
AND FREEDOMS
THE RIGHT TO LIFE
The right to life is under constant threat due to the prevailing anti-democratic laws,
and the resort to extra-judicial means by the government. Turkey has still not signed
Protocol Number 6 of the European Convention on Human Rights banning the death
sentence. In nearly 40 separate punitive article he Forestry Law, the death sentence
holds its sway as a sanction. Currently there are over 2000 individuals being tried in
the State Security Courts penalty of death. Add to the crimes, and the total number
becomes overwhelming.
The right to life is also under threat due to disappearances police, summary
executions, and under torture detention. Disappearances under torture have become a
widespread social wound. Between 1980-90 there were 13 individuals disappeared
under torture, whereas today, that number has 400, about 80 percent of these
occurring in the State of Emergency Region where Kurds live in large numbers, and
nearly 90 percent of the disappeared are from among the Kurds. In none of these cases
has the government pursued the incident or ca an investigation. In fact, just the
contrary has happened: the government has been instrumental in trying to cover up
such incidents.
Though many of the disappearances are of political nature, and thus directed towards
opponents of the regime, there are also those who disappear for personal, familial,
social and economic reasons, the total of the number of the disappeared adding up to
nearly 10 thousand in the past ten years.
Summary Executions, also referred to extra-judicial killings, on the other hand,
36
remove all right to a just trial and the right to defend oneself before the courts. In the
past three years, there have on average 60 cases of extra-judicial killings per year in
the cities in the West, and nearly 200 in the East.
The number of those killed under torture and in prisons has also gone up in the past
few years. During 1991 those killed under torture and in prisons amounted to 23, to 17
in 1992, 29 in 1993 and 34 in 1994. During the last year in 1995, the number has
exceeded 100.
The number of what are referred to as murders by unknown perpetrators has also gone
up tremendously since 1990's: According to the Human Rights Organization, between
1991-1996 more than 1 thousand 300 such murders have been committed.
The right to life is jeopardized also by the wide powers given to police, especially
after the 1980 military coup, to use guns, as depicted in the Police Duties and
Responsibilities Law. Most important these are the violations JITEM (Village
Guards, Counter-guerrilla and the Special War Unit.
FREEDOM OF THOUGHT
The famous Article 8 (now) of the is not the only law considering thought to be a
crime. A articles 12, 159, 175 he Law to Protect Atatürk also stand in the way of
freedom of thought.
Presently there are over 6000 individuals being tried in the State Security Courts
things they have written or said. On average there are between 120-160 individuals
held in captivity and in jail every month for their thoughts. 1994, the sentences of
those who were punished for their thoughts to 533 years. Fines have been laid on the
same amounting to 55 billion TL ($71). These have also increased over the past two
years.
Today those who have declared ''No to Military Service" and/ or ''No to War" are tried
in Military Tribunals. The number of such individuals, according to our records, is
about 500.
Currently books confiscated, publications otherwise banned and c closing down of
newspapers and magazines are common everyday occurrences.
RIGHT TO TRIAL AND DEFENSE
The State Security Courts which have no natural jurisdiction to, have become the
primary instruments of the judicial process. The other courts have virtually been
wiped out of the arena of political trials. Nearly 15 i) today.
In the Law Concerning Procedures of the Criminal Courts there continues to prevail
three different systems of interrogation, based on thought, belief and region. Political
opponents have, in effect, no right to defense during the preparatory interrogation.
There can be detention periods of up to 15 days, and 30 days in the State of
Emergency Region, where the defendant has absolutely no access to a lawyer, leaves
aple room for torture.
37
Torture is practiced by the police in all kinds of "crimes". Interrogations are carried
out by the security forces who have a tendency to resort to extra-legal means, rather
than by prosecutors and judges.
Prisons which hold up to 60 individuals are also institutions where there are vast
violations of human rights. Here there is a two-headed authority; they are controlled
partly by the Ministry of Justice, but in large measure by the Ministry of Interior. The
prison administration is not subject to the control of the judiciary. There is still no
executive judge. No distinction is made between those being detained and those who
have been sentenced. There are also practices which amount to breaking up of the
principle of equality when it comes to execution of the sentences of the political
opponents; special practices discriminating on the basis of belief and thought have
also been observed.
Also in three resulting in deaths are common. Individuals are forced to "confess",
treatment of health problems the inmates face can be prevented by the prison
authorities.
Especially in the recent years, when individuals put in prisons with isolation
chambers, in what are called" cells", extremely small, confinement rooms, the right to
a can be totally prevented. There has been a trend to move individuals into such new
prisons with adverse effects. The total number of prisons in the country is about 450.
Freedom of belief continues and institutionalized practices and by the policies and
practices of the Turkish State. One can find evidence for such violations, for instance,
Religious Affairs (a state institution), where orthodox Islam is taught the Unity of
Education Act, laws that make official of Sunni) and the policies of assimilation of
minority cultures.
Repression and restriction the Turkish State. The ideology of secularism has also
turned into a restrictive practice, breaking any links between secularism, democracy,
freedom and participation. For instance in the preparations for the official Habitat II
Conference, groups represent beliefs, languages and cultures other than those of the
majority have been excluded. In addition, freedom of expression granted to different
groups coming to Istanbul from abroad will not be granted to the native counterparts.
For instance Armenians coming from the USA, may talk succinctly about their
beliefs, problems etc. while native Armenians living currently in Turkey will have no
voice. There are nearly 60 thousand Armenians living in Turkey today.
THE RIGHT TO EDUCATION AND LEARNING
The university, as well primary and secondary schools, are run by directives and
relations issued by the National Security Council- MGK - (a body composed of the
Chief of Staff, the commanders of Air, Navy and Land forces, the Prime Minister, and
the Ministers of the Interior and Defense). Even at junior and senior high level
schools, students have been subjected to interrogation for professing their beliefs or
for talking openly about their ethnic identity. Informing on fellow students has
become institutionalized. Beating of students by the teacher is not uncommon in the
school system. Yearly increases in the school fees amount to fee-paying education, a
practice not common in state schools until recently, and make it impossible for the
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poor to attend junior and senior level schools.
The Institution of Higher Education, YOK, is a major obstacle in the educational,
administrative, financial and scientific freedom of the universities. In public schools,
on the other hand, in addition to central control of the curriculum and directives of the
MGK, the compulsory courses in "The Military", "Religion" and "History of the
Revolution," impose the official view of the Turkish State on the students.
There are severe limitations on associations and trade unions. Private organizations
can be closed down without orders of the court, by simply a directive issued from one
of the local administrative authorities. The Law of Associations seems to have been
made particularly to prevent the workings of the associations, rather than the opposite.
Associations are controlled as if they were an administrative unit within the police,
and within the past few years at least 60 - 70 organizations have been operating under
threat of being closed down.
Political parties are also under threat of being closed down. Seven such parties have
been shut down in the past few years. And the restrictions on the trade unions continue
unabated.
COLLECTIVE BARGAINING AND THE RIGHT TO
STRIKE
Not all the workers have the right to join labor unions, engage in collective bargaining
processes and/or strike. Public sector workers still do not have all the rights of
unionized workers. Strikes based on rights and solidarity continues to be considered
crimes under the law. And the ILO agreement which takes under protection the basic
rights and freedoms of the workers has still not become part of domestic law.
THE RIGHT TO HEALTH
The Republic of Turkey has always allocated a very small portion of its national
budget for the health of its citizens, since the 1980 military coup however, even that
minuscule portion has been reduced. During the 1980's the Ministry of Health was
apportioned approximately 4. 2% of the budget, that amount has been reduced to 2%
in recent years. The proportion of public health expenditure within total health
expenditure has declined from 66.5% in 1982, to 51.4% in 1987. That number has
decreased even further today.
Preventative health services are virtually non-existent in Turkey, and of course there
is no universal health insurance. Only those working on a regular basis in the public
sector and unionized workers are covered by health insurance.
The handicapped find it extremely difficult to navigate in the city. The city
architecture, urban structures make it difficult even for the very healthy to live, work
and travel in the cities.
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THE NATIONAL REPORT OF TURKEY FOR THE
HABITAT II CONFERENCE
The national report of Turkey for the Habitat II Conference is far from representing
accurately the state of affairs in Turkey; it totally overlooks the situation concerning
human rights, the prevailing civil war and the enormous number and variety of
problems encountered by the Kurdish population living here.
Of the nearly 60,000 NGOs existing in Turkey, only 213 have participated in the
preparation of the national report. So the term "participation" pronounced in the
preface to the report is far from accurate. The various associations and foundations of
the Kurds, other ethnic groups, and those of the official minorities, the Greeks,
Armenians and Jews have not participated at all. In parallel fashion the reports of the
Islamic sector, and the Islamic Association of Human Rights have been totally
overlooked in the National report. The Human Rights Association reports, which have
been made public over the years, are not reflected in the report either. The minorities
officially given that status by the Lausanne Agreement have had no say in the official
report or in the National or the NGO Host Committee, even though they have their
own NGOs.
Of the various ethnic/religious groups, only the Bahaiis have participated to some
extent in the process leading up to the Habitat II Conference.
In a country where there is an undeclared war, where, due to militaristic policies,
villages are emptied, the crops along with the houses are burnt, and villagers evicted
from their homes and subjected to forced migration by government forces, the
National Report mentions "villages vacated for reasons of terrorism and security" and
"measures taken by the government, portraying a totally unrealistic picture of the
actual events. It overlooks the war, the atrocities committed, the frequent food
embargoes placed on the villagers, the nearly 25,000 people killed over the past ten
years and the hundreds of acres of forest land burnt by the security forces.
Children also are not represented in the National Report. In the items listing priority
issues, there is one reference to children. Item 17 says: "Children should be given the
opportunity to fulfill their potential based on the equality of opportunity provided
them." Children, however have had no say in the matter. The report makes no
reference to the significance of education in one's native language. The Turkish
government, when signing the International Agreement on Children's Rights,
reserved the right to provide education in Turkish only, except for the members of the
official minorities. Nor is any reference made to torture inflicted upon children,
children killed during the undeclared war, trial of 14-15 year old youngsters in the
State Security Courts, and the plight of street children; children of parents subject to
forced migration and who therefore cannot attend school.
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The elderly along with children are not covered in the National Report except to say in
the same place, Item 18: The youth should be given equal opportunities to develop
themselves, and sports should become a way of life both for the young and the old.
And Item 19 says:
"Open and closed spaces should be planned to make life easy both for the
handicapped and the elderly.
The National Report has depicted the right to habitation and sufficient shelter as a
right in isolation, separate from other human rights. Though mentioning the NGOs,
and the basic principles of Habitat such as "partnership", "equality", "participation",
"empowerment" etc. no mention has been made of the means by which the
organizations are totally dis-empowered by the State, this conference itself being
witness to such varieties and levels of dis-empowerment. One such example, is the
restriction on the freedom of expression of participants to the conference from Turkey
who will have no immunity such as the international participants will have, Turks may
be taken from the conference rooms politely by the police only to be placed in
detention in police headquarters, on what is now called politely the Rio Model.
In other words, there will be no freedom of expression for participants from Turkey.
In fact such limitation is not just on freedom of expression, but simply living and
walking around in the streets close to the conference site has already been limited by
the police randomly picking on individuals on the one hand, and, picking on certain
NGOs known to be opponents of the current regime specifically and putting them in
police custody.
The national report excludes human rights, the rights of minorities, the rights of ethnic
groups other than Turks, the rights of the elderly, the rights of children, the rights of
the handicapped, the rights of the rights of workers, the rights of non-heterosexuals
and of peoples' right to live in peace. In fact a large proportion of the individuals
making up the 60 million strong population of Turkey have been excluded from the
Habitat II processes and the Conference itself.
WHAT SHOULD BE DONE TO DEVELOP
HABITATIONS BASED ON EQUALITY,
NONDISCRIMINATION AND FREEDOM
A. Program of Human Rights and Democracy
1. The present constitution which draws the basic outlines of the administrative,
political and legal system and the prevailing militaristic, monopolistic approach and
which prevents plurality, participation and freedom must be changed in totality.
Freedom of expression, basic human rights of all peoples and minorities must be
guaranteed under the new constitution.
2. The international agreements on human rights should lie at the foundation of the
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new constitution.
3. New laws concerning associations, political parties, unions, cooperatives, meetings
and public demonstrations should be prepared in harmony with the new constitution
and the current ones should be thrown out altogether.
4. The current civil code should be changed and a new one based on true equality
between the sexes must be prepared. Other laws in the Turkish Penal Code preventing
equality between the sexes should be thrown out and new ones made.
5. All laws which prevent an independent, civilian judicial process should be changed.
The current Struggle with Terrorism should be changed. The articles in the present
Law Concerning Proceedings of the Criminal Courts which prevent equality should
be changed. The police should have no right to interrogate suspects. The Law
Concerning Police Duties and Responsibilities must be democratized. The executive
and the legislative branches of the government should be totally detached from the
judicial branch.
6. Institutions such as the National Security Council which conflicts with the
democratic system, and the Directorate of Religious Affairs, which conflicts with the
freedom of belief should be lifted altogether. Compulsory courses on the Military,
Religion and the Kemalist Revolution in public schools should be lifted.
7. The death sentence should be lifted from the Penal Code and restrictions on
freedoms should be diminished to an absolute minimum. All those articles in the
prevailing laws which limit the freedom of expression and organization should be
lifted.
8. The universities should attain scientific, administrative and financial independence
and all restrictions on students and teachers should be lifted so they are able to
organize freely.
9. The government should take back its reservations from the International
Convention on The Rights of the Child; each child should have the right to education
in his/her native language.
10. The minorities should be given equal rights and privileges with the majority in all
spheres of life in addition to education in their native language.
11. All those who work should have the right to collective bargaining, to unionize and
to strike both for rights and for the sake of solidarity.
B. Human Rights and Democracy from the Perspective of the Kurdish Problem
The present undeclared war should end immediately. The institutions specific to the
areas where Kurds live in large numbers such as the State of Emergency, the Village
Guard system, Special Teams and food embargoes should also be discontinued.
All laws restricting and penalizing the full expression of the Kurdish language and
culture and freedom of thought in this area should be lifted. The Constitution, the
Penal Code, the Population Law, the Press Law, the Law of Endowments, the Law of
Radio and Television and the Civil Code should all be cleansed of discriminatory
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articles The legal system should be examined from the perspectives of brotherhood
among peoples and of peace, and revised accordingly.
The Kurdish People should have full freedom of expression, and a universal amnesty
should be proclaimed.
c- Suggestions Concerning Forced Evacuations
1. Peace based on equality and freedom should be realized. The cease fire should be
made bilateral and its permanence secured, and an atmosphere of peace should be
made to prevail. 2. The policy and practice of forced evacuation should end
immediately. Policies directed to the war should end.
3. Compensation should be paid to those whose villages and houses have been
destroyed, and those who have had to leave their villages.
4. Projects such as the "Central Villages" which are discriminatory should be
discontinued immediately
5. The government of Turkey, which so far has refused to sign nearly 20 international
agreements, such as the International Convention on Personal and Political Rights and
the International Convention on Economic, Social and Cultural Rights, should be
made to sign them. The government should also withdraw its reservations from
conventions it has signed so far.
6. All energy producing projects and policies destructive of natural resources and
ecological balance should be dropped.
7. The protection of natural resources, cultural and historical values, habitats and the
land of native people should become a concern of prime importance. In a similar vein,
all repression of nomadic peoples should also end.
8. The burnt and destroyed villages should be rebuilt, and villagers' homes restored
and returned to them.
9. Agricultural and livestock farmers and should be given aid.
10. International organizations should not help in the financing of projects such as the
"Central Villages".
11. The evacuated should be given free access to social security and health insurance.
HUMAN RIGHTS FROM A WORLD PERSPECTIVE
Today immense violations of human rights continue throughout the world. There is
exploitation of peoples and resources, discrimination, civil wars, inequality between
peoples, denial of the rights of peoples, pollution of natural resources by those in
power, those more powerful, and those who dominate the world. Land, waters, seas,
air, all these, fall into the grips of those who want to dominate the world and their
countries. Individuals are denied the basic right to choose where they want to live and
are limited in their travels; they are barred by visas, passports, customs and national
boundaries.
In Bosnia-Herzegovina, Rwanda, the Caucasus, the Middle East, Burma, Sri Lanka,
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India, Peru, Bolivia, and elsewhere in the world, peoplefs right to peace are denied.
In many, many countries around the world, even among supposedly democratic
nations, the death sentence prevails as a means of punishment. Torture,
disappearances in police custody, summary executions, and denial of the basic rights
of all individuals are common practice. In the United Nations, the few rich and
powerful nations try to dominate and impose their will on the rest of world. Refugees,
black people and (former) citizens of poorer nations are treated as second class
citizens in the richer countries where they have had to take refuge.
Even in countries which are as the cradle of civilization, racism and racist attacks are
not uncommon. Investments by the richer countries in nuclear energy and nuclear
weapons and in the industry of war in general, threaten the very existence of
humanity.
Civilian populationfs throughout the world and women and children become the
targets of the powerful in all sorts of violations.
The United Nations, both in international relations and in social problems, follows the
lead of the rich and powerful nations, paying little attention to the rights of smaller
nations, and of those peoples fighting for their rights against the oppressive regimes of
their countries. In many countries of the world, hunger is still a major and a general
problem. Children are denied their basic rights in education, health, food and shelter
and are exploited in unseen proportions. The gap between the developed and
developing nations continues to widen at a frightening pace.
All human beings around the world are in need of protection and have to have
guarantees for the protection of their basic rights vis-a-vis their governments. Political
authorities all around the world commit crimes against those whom they profess to
govern. In such instances, national laws are no guarantee of protection of basic rights;
international agreements, and the opportunity to resort to supra-national legal
authorities is an absolute necessity. It is essential that the European Commission on
Human Rights, become independent of the political authority of the countries that
make it up and maintain a total independence. It must have more power. It is
necessary that NGOs, minorities and peoples, as well as individuals, be able to apply
to the European Court of Human Rights.
It is necessary that all governments recognize the right of individuals to settle freely
where they want, without this being made a part of national and international legal
systems. In this context also, it is absolutely necessary that refugees, should not be
returned to their countries of origin against their will, no matter what the specifies
circumstances, and that the practice of non-return should be institutionalized in the
legal system. It is necessary that the governments should not put the barrier of visas
against the free travel of individuals.
It is necessary that each individual has the right not to go to war in the event of war,
that he/she should be able to say "no to military service" and "no to war". It is
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necessary that all nations recognize this as a basic human right.
It is necessary that binding supra national laws be made to prevent the sale of arms to
countries committing crimes against humanity and crimes of war.
It is necessary that all over .the world the death sentence be lifted and that individuals
should not be forced to give up public service due to political crimes they have been
accused of committing.
It is necessary that there should be equality between men and women in all spheres of
life. Civilian organizations and NGOs should have the right to audit the United
Nations from a human rights perspective.
The concept of "crimes against the city" should be widened to include all kinds of
habitation, what we prefer to call "crimes against habitats". Urban rights should be
developed to include rural rights as well. The declaration on the rights of pedestrians
should be made into a permanent binding declaration. The declaration on the rights of
NGOs should also be developed further.
NGOs should be able to enter into all levels and discussions of the United Nations and
become participants in the decision making process.
We should institute international organizations and mechanisms to intervene in every
instance of evacuation and forced migration.
We should develop world assemblies against nuclear power and nuclear weapons.
We invite everyone to the non-discriminating, free and equal Alternative Habitat II
activities of the Human Rights Organization.
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