XI. IS IT FORBIDDEN FOR KURDS IN TURKEY TO SPEAK IN THEIR MOTHER TONGUE?

In the late 1970s Turkish democracy was in severe crisis due to the economic hardships, failing weak governments, the deadlock in the Parliament on the Presidential election, increasing terrorism, worries on the lack of security, the prospect of being dragged to a civil war and finally unfruitful continuous political debates. In that atmosphere, military intervention of September 12, 1980 occurred with the aims of overcoming the crisis and regaining the functioning of democratic institutions.

Following the intervention, a group of politicians including the then leader of the center-right party and current President of Turkey was forced to reside on a location in the country and a ten year ban on politics was imposed on them.

At the end of 1983 with the holding of general elections, Turkey, which is committed to democratic regime, returned to democracy and military rule did not stay permanently.50 Among the negative consequences of such an exceptional period, the law no. 2932 was enacted to prohibit the use of the languages other than Turkish as the mother tongue and the activities to publicize them. The law no. 2932 which practically did not have effect was repealed in 1991. Expression of the views in Turkish even by the radical Kurds after the abolishment of the law shows that it had remained ineffective.51

While it was prohibited to publish newspapers, magazines and books in Kurdish during the implementation of law no. 2932, today there is freedom on this issue. Then allegations of oppressive measures52 pertinent to the restriction of Kurdish publications are no longer valid.53 It is notable that in spite of such freedom, Kurdish publications are few and they are not demanded. Anti-terrorism law, the law no. 3713 which abolished the law introducing restrictions on mother tongue also repealed the Articles 141, 142 and 163 of the Turkish Penal Code which were also thought to be restrictive of freedoms.

The article in the Constitution which clearly states that the language of the State is Turkish does not have an effect in the use of the languages desired by the citizens in their social and daily life. Furthermore, that reflects an important consensus which avoids misunderstandings and different interpretations in the official procedures. Like the disinterest in Kurdish publications, private Kurdish training courses do not become widespread because of the same fact.

Restrictions, regardless of ethnic characteristics, on the freedom of expression are limited to such considerations as national security, territorial integrity, public safety and the protection of morals as set forth in the Article 10 of the European Convention on Human Rights. The description of the restrictions as antidemocratic and censorship over newspapers and magazines, which serve as propaganda tools for the PKK which terrorizes and kills civilians including youngsters and elderly, security personnel, Kurds and Turks, cannot be justified by the principles and practices of democracy and human rights. A balance must be drawn between public security and public information. By careless reporting the media may aid strategic success of terrorist groups by unwittingly promoting terrorist propaganda.54

On the other hand, the Republic of Turkey which desires its citizens to benefit in the broadest manner from fundamental freedoms and rights has adopted arrangements to improve freedom of expression with no regard of ethnic descent. Therefore, Article 8 of Anti-terrorism law has been clarified so as to reduce the sentence terms and to avoid broad interpretation of the article. Subsequently, some of the people sentenced to imprisonment due to the said article were released. Meanwhile, it is reported that positive steps are taken by the courts to create an atmosphere for a free debate on Kurdish problem and defendants charged with the dissemination of separatist propaganda are acquitted.55 In the words of the leader of Democratic Mass Party, ("Demokratik Kitle Partisi"-DKP), ?erafettin Elçi, who advocates cultural and political rights for Kurds in Turkey, there is no doubt that Turkey has taken important steps to recognize Kurdish identity and he is optimistic for the future.56 The President of Turkey also made statements implying that maintenance of the cultural identity by the citizens of the Republic of Turkey is legitimate.57

50 For Turkey’s commitment to democracy, see Dr. Bernard Lewis, "Why Turkey Is The Only Muslim Democracy, Middle East Quarterly (March 1994).

51 Mango, Türkiye’nin... [Turkey:...], p. 66. In the 24-30 March 1996 issue of the pro-PKK Kurdish newspaper, "Azadiya Welat" it was said: "In Turkey, first "Welat", then "Welate Me" was published. Now "Azadiya Welat" is being published. It is quite positive that [Kurdish] newspapers are published. But from the aspects of grammar and linguistics they are not successful and the unity is not formed. This adverse situation turns Kurds off in reading Kurdish."

52 Gunter, The Kurds..., pp. 44-45.

53 In the words of Mahmut Kılınç, a member of PKK controlled "Kurdistan Parliament in Exile", "...it is not a problem [for Kurds] for a long time in Turkey to publish a magazine or newspaper". Thus, he pointed out the reduced limits on the freedom of press in Turkey on MED TV, the propaganda channel of the PKK on the date of 19 January 1996. In the December 1995/January-February 1996 edition of Military Review, the official publication of US Armed Forces, General Stephen H. Button reports that using, playing music and writing in Kurdish are free, as quoted in "No End Is Near In The PKK Problem", Cumhuriyet, 25 January 1996.

54 Shane Kingston, "Terrorism, the Media, and the Northern Ireland Conflict", Studies in Conflict and Terrorism, Vol. 18, Number 3 (July-September 1995), p. 214.

55 Şahin Alpay, "Kürt Kimliğini Tanıyoruz" [We Recognize Kurdish Identity], Milliyet, 2 November 1995.

56 "Kurdish Question in the View of Şerafettin Elçi, the President of the Democratic Mass Party: ‘I Am Optimistic for the Future’", Milliyet, 10 January 1997.

57 After becoming President, Süleyman Demirel, in his statements, referred to "constitutional citizenship". See Şahin Alpay, "Kürt Kimliğini Tanıyoruz" [We Recognize Kurdish Identity], Milliyet, 2 November 1995.