Tuesday, December 13, 2005

Turkey's religious communities need fundamental reform of their status

"Turkey's Law on Foundations plays a central role in the country's religious freedom situation, as it directly affects religious communities' ownership of property. Proposed amendments to the Law – which includes provisions governing "community foundations" for non-Muslim religious/ethnic communities – are facing a tortuous process. It is not even clear if the Ankara parliament will ever approve them."

"The existing Foundations Law is limited as it covers only some non-Muslim minority communities. The Roman Catholic Church, Protestant Churches (whether historical Churches or free Evangelical congregations), Jehovah's Witnesses, Baha'is and other non-Muslim groups have no such foundations – and are unlikely to be allowed to have any."

In December 2000 the Altintepe Protestant Church in Istanbul gained foundation status, which was confirmed by the Supreme Court. However this is not to the liking of the Directorate-General for Foundations, which cannot overturn a Supreme Court decision to grant foundation status, but which has since blocked foundation applications from at least two other Protestant churches."

"The government has been reluctant to resolve existing problems caused by the regulations governing community foundations, as it fears it might have to return all the properties seized from Christian and Jewish community foundations since the 1930s."

"Because religious communities in themselves cannot get legal status (in theory the Law on Associations does allow it, though courts are unlikely to accept this in practice), they cannot own any property. Someone who does not exist cannot own property. As long as religious communities like the Alevi Muslims, Roman Catholics, Protestants, Baha'is and Jehovah's Witnesses have no legal status they cannot organise themselves administratively (they cannot even run bank accounts), and this even impacts on them spiritually. Moreover, the state can interfere at any time."
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