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Issues Brief: Roma Rights in Turkey
Though research into the situation of Roma in Turkey remains at a very preliminary stage, a number of human rights issues of importance to the Turkish Romani community have been identified during a number of research missions by ERRC staff members and consultants. The following list should not be regarded as exhaustive, but presents only an overview of emergent concerns:
1. Non-Recognition as a Minority
Roma (like other groups, with the exception of some religious minorities) are not recognised by the Turkish government as a minority group. Attempts at organising politically or even culturally may be seen as acts against the Turkish State, punishable by law. Similarly, Roma who suffer human rights abuse cannot claim that they have been targeted on the basis of their ethnicity, meaning that “discrimination” can, in legal terms, not exist in Turkey with regard to Roma, though in reality Roma suffer widespread discrimination. Roma are therefore inter alia denied effective legal remedy to acts of discrimination.
2. Physical Abuse by State Officials
Violent acts perpetrated by state actors are a major concern with respect to Roma, and a number of Roma have been killed in police custody. Extreme physical abuse of Roma, including Romani minors, has been reported. There is almost total non-reporting of violence against Roma in Turkey, due to the fear of victims of reprisals for reporting such cases.
3. Racial Discrimination
There is no comprehensive anti-discrimination law in Turkey, although Article 10 of the Constitution states, “All individuals are equal without any discrimination before the law, irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such considerations.” Turkey has not yet ratified Protocol 12 to the European Convention on Human Rights, nor had it transposed European Union Directive 2000/43/EC “implementing the principle of equal treatment between persons irrespective of racial or ethnic origin” into its domestic law as of November 2003. During several ERRC missions, Romani individuals claimed that they suffer differential treatment on the part of their non-Romani counterparts in access to public places, housing, medical care and personal documents, and in other sectoral fields. However, due to the problems outlined in section 1 on non-recognition as a minority, Roma, as well as other minority group members, do not have access to effective remedy for discriminatory treatment. The non-discrimination provisions of the Constitution are at present ineffective in sheltering individuals from racial discrimination in practice.
4. Forced Evictions
Roma in Turkey report frequent forced evictions, with many Roma reporting repeated or indeed very frequent forced evictions. Many individuals with whom the ERRC met during a number of missions in Turkey had experienced multiple forced evictions from housing, and in no or few instances had due process rights been respected or alternate housing been made available.
5. Economic, Social and Cultural Rights
Large numbers of Roma live in informal settlements without legal security of tenure. Said communities are vulnerable to forced evictions and, in some cases, Turkish authorities have been reported to destroy the property of the Romani inhabitants during eviction procedures. A number of Roma have reported having difficulties accessing personal documents which subsequently affects their ability to access social welfare and medical care, as well as to be legally married. Most of the Roma with whom the ERRC met were unemployed and engaged in informal trades, such as collecting scrap metal and cardboard as a source of income. It has also been reported that Roma have been refused treatment by medical practitioners and/or have been made to wait until non-Romani patients were attended to.
4. Anti-Romani Legislation
The 1934 Turkish Law on Settlement, as subsequently amended, contains discriminatory provisions targeting Roma. Article 1 states: “The settlement of immigrants, refugees, nomads and itinerant Gypsies within the country shall be arranged by the Ministries of Internal Affairs and Health and Social Assistance in accordance with the program to be made by the Council of Ministers with a view to ensuring their loyalty to Turkish culture and improving the establishment and distribution of the population." Article 4 states: "A. Those who are not attached to Turkish culture; B. Anarchists; C. Spies; Ç: Itinerant Gypsies; and D. Persons deported, shall not be accepted as immigrants into Turkey." The Law on Associations states, at Article 5, that associations cannot be established with the aim of arguing that there are minorities
Suggested Action
On the basis of the above, the following preliminary actions would be advisable:
Conduct comprehensive review of all legislation to ensure that no areas of Turkish law are directly or indirectly discriminatory; any such laws should be amended or annulled. Without delay, the explicitly anti-Romani law noted above should be annulled or amended;
Officially recognise Roma (and other groups) as minorities;
Adopt comprehensive anti-discrimination law on the basis of the EU anti-discrimination acquis, and create a strong enforcement body to which individuals and their representatives can turn for effective remedy in cases of discrimination;
Prosecute perpetrators -- including public officials -- of violent abuse of Roma to the fullest extent of the law. Prosecutions undertaken should be widely publicized, such that justice is not only done, but is also seen to be done. In light of severe issues of underreporting due to fear of retaliation, the Turkish government should develop effective procedures for witness and victim protection. In addition, persons involved in the criminal justice system including police officers, public prosecutors, judges and others, should be provided with comprehensive human rights training.
Conduct a comprehensive review of legislation pertaining to forced evictions to ensure that such rules comply with international standards in this area.
Undertake legislative change and adopt programmes aimed at addressing violations of economic, social and cultural rights to which Roma are subjected, including, but not limited to:
Ensuring that all aspects of the internationally guaranteed right to adequate housing are respected, in particular formalizing informal settlements and slums such that all enjoy security of tenure and protection from forced evictions;
Ensuring all Roma have personal documents and are therefore able to access services necessary for realising a number of fundamental rights; and
Developing programmes aimed at ensuring that Roma have equal access to employment, social welfare, social housing, medical insurance, etc., in practice. |
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