Minority Rights in Turkey

I. INTRODUCTION The country of Turkey has been a very important crossroad between Europe and Asia for centuries, not only because of its location but also because of the cultures and religions that have traversed its land.1 This juncture of civilizations has helped develop the political and cultural society of Turkey today. Turkey has had a democracy for almost a century now, and its progression toward its goal of entrance into the European Union (EU) has been substantial. It has shown a commitment to create a better environment for its many citizens, especially by increasing freedoms and toleration for all religions.2 As a model for other Islamic countries who may wish to adopt democracy, Turkey is proof that an Islamic majority and democracy can truly coexist in peace.3 This Article discusses the status of religious minorities in Turkey and reforms undertaken by the country to move towards EU entry. Part II of this Article sets forth the history of religious freedom in Turkey. It also introduces the internal governing documents with provisions on religious freedom, including Turkey's Constitution and the Treaty of Lausanne, as well as international documents such as the Universal Declaration of Human Rights (UDHR), the 1981 Declaration on the Elimination of All Forms of Intolerance Based on Religion or Belief ("1981 Declaration"), and the Treaty Establishing a Constitution for Europe ("European Constitution"). After this brief introduction, Part III will set out the problems and obstacles facing the small minority of non-Muslims in Turkey.4 Part IV presents current developments in religious freedom and the change in status of non-Muslim minorities in Turkey that have resulted from Turkey's efforts to meet the EU's membership requirements. Part V offers a brief conclusion. II. BACKGROUND Turkey has often been characterized as an intersection between Eastern and Western culture.5 This is particularly true with regard to its church-state relations. As a secular state6 with a population that is ninety-nine percent Muslim, Turkey's history and government structure present an interesting study in the co-existence of religion and democracy. Turkey's unique history, though only briefly discussed here, provides the background against which the modern secular state exists. Several key documents, which form the legal basis for freedom of religion provide vital context for a discussion of religious minorities in Turkey. These include Turkey's Constitution and the Treaty of Lausanne, along with international standards such as the UDHR, the 1981 Declaration, and the European Constitution. The section below discusses these documents in connection with Turkey's history. A. History During the Ottoman Empire, the State categorized each religious community as a separate nation.7 This system, first implemented when the Ottomans took over Istanbul in 1453,8 led to a situation where tolerance and accommodation of different cultures and races thrived.9 Under the "millet system," as it is commonly referred, religious communities enjoyed a great deal of autonomy.10 The Ottoman State was ruled by a Sultan-Caliph, who functioned as the temporal and spiritual leader.11 Although hints of growing Turkish nationalism were present as far back as the mid-eighteenth century,12 most historians divide the history of Turkey into an early era and a modern era, with the recognition of the Republic of Turkey in 1923 by the Treaty of Lausanne providing the turning point.13 At this watershed moment, Mustafa Kemal Ataturk shifted the nation from an Islamic ideology and "imposed a strict secular nationalism in an effort to westernize the country."14 His goal in doing this was "to create a modern, rational state with institutions and laws which would facilitate the development of capitalism in Turkey."15 As part of these modernizations, the Grand National Assembly voted to abolish the caliphate on March 3, 1924. …