Held from October 23 to 26 at the Anarad Highutyun Building in Harbiye, the curriculum of the Hrant Dink Foundation’s Minority Rights Academy covered the definition and evolution of the concept of minorities; international and national legislation concerning minorities; the political history of minorities in Turkey and practical problems relating to minority rights; comparative studies from different countries; and advocacy.
The Academy’s first speaker was Prof. Dr. Turgut Tarhanlı, who is a prominent legal expert in the law of human rights.
Tarhanlı recalled that minority rights, in their modern sense, came to be considered within the framework of human rights in the 20th century, particularly following the establishment of the United Nations. He emphasized that human rights should be examined within a legal paradigm encompassing the obligations to recognize and protect rights and to fulfill them in accordance with established procedures.
Tarhanlı observed that patterns of rights violations in Turkey had changed and cited legally erroneous examples concerning the interpretation and implementation of the Treaty of Lausanne, the fundamental legal document governing the rights of non-Muslim minorities in particular.
Tarhanlı also recalled the obligations set out in the subsection of the Treaty of Lausanne entitled “Protection of Minorities.” Under this provision, the rights recognized in the treaty, particularly those in Articles 38–44, must be recognized as “fundamental laws.” No law, regulation, or official action may conflict with or contradict these provisions, and none of these legal instruments may take precedence over them.
The issue of “reciprocity”
Tarhanlı explained that Article 45 of the Treaty of Lausanne, which provides that Greece grants the Muslim minority within its territory the same rights as those granted to non-Muslim minorities under the treaty, has long been interpreted and applied almost as a “reciprocity” provision. However, he illustrated how, in the context of legal arrangements concerning the protection of human rights, interstate measures such as reciprocity or retaliation is a way of conduct contradictory to human rights law.
According to Tarhanlı, although this approach appears to be more moderate, it has not been abandoned entirely. Anyway, both Turkey and Greece are individually and separately responsible for fulfilling their obligations under the treaty; each country must do so independently, rather than basing its performance on that of the other.
The policy of entering “reservations”
Tarhanlı also noted that a fundamental human rights treaty specifically addressing minorities has still not been established at the United Nations level, although certain legal instruments in the form of declarations exist on the subject.
Quoting provisions from several international conventions that address minority rights, Tarhanlı stated that Turkey continues its policy of entering reservations to articles concerning minority rights in certain human rights treaties to which it is a party and by which it is bound.
According to Tarhanlı, the principal human rights treaties relevant to this issue include the International Covenant on Civil and Political Rights and its Optional Protocol; the International Covenant on Economic, Social and Cultural Rights; and the Convention on the Rights of the Child and its Optional Protocols.
The legal formula used to express this policy is as follows:
“The Republic of Turkey reserves the right to implement Article … of the Convention in accordance with the relevant provisions and procedures of the Constitution of the Republic of Turkey and the Treaty of Lausanne of July 24, 1923, and its Annexes.”
As Tarhanlı pointed out, another consequence of this approach is that Turkey refrains from assuming general international legal obligations concerning minority rights, instead limiting its recognition of these rights to non-Muslim minority communities.
According to Tarhanlı, this means that the scope of the rights of Lausanne minorities must be assessed in light of the framework of rights recognized under contemporary human rights law.
Minority rights in international law
During the sessions, academic Samim Akgönül met with participants for a section entitled “Current Debates on the Concept of Minorities.” Participants also attended a presentation by academic Olgun Akbulut entitled “International Law and Minority Rights.”
Beginning with the Universal Declaration of Human Rights, this session examined provisions in international conventions concerning the protection of minorities’ languages, cultures, religions, and identities.
Discussions focused on states’ obligations in these areas; the distinction between explicitly ensuring minority rights and taking measures to promote their protection; and how the right to education in one’s mother tongue is addressed under international law.
The scope of states’ obligations was also discussed with reference to European legal frameworks for the protection of regional and minority languages.
In addition to people interested in minority rights and advocacy who wished to work in these fields, the Academy brought together 20 participants, including civil society professionals who had worked on minority rights, academics, lawyers, media professionals, and members of minority groups.
