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A REPORT ON THE RIGHT TO A MOTHER TONGUE EDUCATION IN DIYARBAKIR EDUCATION TONGUE A MOTHER A REPORT ON THE RIGHT TO 1 2 A REPORT ON THE RIGHT TO A MOTHER IN DIYARBAKIR EDUCATION TONGUE A MOTHER A REPORT ON THE RIGHT TO TONGUE EDUCATION IN DIYARBAKIR RESEARCH TEAM Av. Çiğdem ERTAK Ezgi KOMAN Ruşen YAKUT Av. Selmin Cansu DEMİR “This publication was produced with the financial support of the European Union provided under Etkiniz EU Programme. Its contents are the sole responsibility of Göç ve İnsani Yardım Vakfı* and do not necessarily reflect the views of the European Union” 1 CONTENTS Abbreviations 5 About the Migration and Humanitarian Relief Foundation 7 Executive Summary 9 Introduction 13 Aim and Content 15 Methodology 15 Limitations & Opportunities 17 Background 18 Findings 21 Children’s Rights to Live Their Own Culture 23 and Use Their Mother Tongue Children’s Mother Tongue Usage 25 The Reasons why Children don’t/can’t Speak 26 Their Mother Tongue Using Mother Tongue In School 28 The Effects of Using Mother Tongue on Children 29 The Effects Of The Political Atmosphere In Last 30 10 Years On Children’s Use Of Mother Tongue Analysis In Children’s Right To Live Their Own Culture 31 And To Use Their Own Language Teaching MotherTongue 33 The Effects of the Political Atmosphere in Last 10 Years on Children’s Use of Mother Tongue 37 Analysis In Teaching In The Mother Tongue 38 2 Using Mother Tongue in Education 41 The Effects Of Mother Tongue Education On Children 46 The Effects Of The Political Atmosphere In The Last 47 10 Years On Children’s Mother Tongue Education Analysis In The Rights In Education In Mother Tongue 48 Children’s Access to Media Products in 51 Mother Tongue The Effect Of Political Atmosphere In The Last 10 Years On 56 Children’s Access To Media Products In Mother Tongue Analysis In The Right To Access Media Products In A REPORT ON THE RIGHT TO A MOTHER TONGUE EDUCATION IN DIYARBAKIR EDUCATION TONGUE A MOTHER A REPORT ON THE RIGHT TO Their Mother Tongue 57 Application Mechanisms Against Violations 61 of Rights in Mother Tongue Analysis In The Right To Access Application 64 And Complaint Mechanisms In Mother Tongue Reflection Of Differences Such As Disability, Poverty 67 And Gender On Mother Tongue Rights Analysis In The Reflection Of Differences Such As Disability, 70 Poverty And Gender On The Rights Of Their Mother Tongue Children Demand and Adults Recommend 71 Analysis In The Demands Of The Children In Terms Of The Right To A Mother Tongue And The Suggestions Of 74 The Care Givers And Community Leaders Recommendations 75 Conclusion 79 If Children Become Managers... 83 Additional: The Report Indicator Set Of Using 87 Mother Tongue Among Children In Diyarbakir 3 4 ABBREVIATIONS EU European Union AÇSHB Ministry of Family, Labor and Social Services UN United Nations A REPORT ON THE RIGHT TO A MOTHER TONGUE EDUCATION IN DIYARBAKIR EDUCATION TONGUE A MOTHER A REPORT ON THE RIGHT TO UNCRC United Nations Convention on the Rights of the Children CİMER Presidential Communication Center GİYAV Migration and Humanitarian Aid Foundation KDK Ombudsman Institution MEB Ministry of Education OHAL Emergency Situation OPCAT Optional Protocol to the UN Convention against Torture TBMM Grand National Assembly of Turkey TİHEK Turkey’s Human Rights and Gender Equality Authority UNESCO United Nations Educational, Scientific and Cultural Organization 5 6 The Migration and Humanitarian Aid ABOUT THE Foundation (GİYAV) was established in 1999 in Mersin, which is one of the main provinces that received MIGRATION AND internal migration and forced IN DIYARBAKIR EDUCATION TONGUE A MOTHER A REPORT ON THE RIGHT TO migration. GİYAV, which had women, HUMANITARIAN ecology and child-oriented studies in its establishment, moved the Foundation Center to Diyarbakır in RELIEF 2010. As a result of the discussions carried out in the new period, it was FOUNDATION determined that the studies in the fields of women and ecology were effective in Diyarbakır, but child studies were limited. Thus, GİYAV prioritized working for children, who are among the groups most affected by migration. While GİYAV continues its activities in three main areas of women, children and ecology, based on its establishment perspective, it aims to make child rights violations visible and prevent child rights violations with its researches and practices. 7 8 EXECUTIVE SUMMARY With this study, it was aimed to monitor the mother tongue rights of the children living in Diyarbakır, to make visible the obstacles to these rights A REPORT ON THE RIGHT TO A MOTHER TONGUE EDUCATION IN DIYARBAKIR EDUCATION TONGUE A MOTHER A REPORT ON THE RIGHT TO and to develop policies based on the opinions of the children. In the study, the United Nations Children’s Rights Convention (UNCRC), organized by the feed material for reservations by Turkey, children’s native language in media products to access (Article 17), education in their mother tongue vision (Article 29), rights to use live and native speakers of their own culture (Article 30); The guiding principles of the Convention: the right to life, survival and development; prohibition of discrimination; child participation; and the best interests of the child. Within the scope of the monitoring study, human rights indicators have been developed using international human rights standards in order to understand whether the public administration fulfils its obligations regarding children’s language rights. All monitoring work was carried out on the basis of these indicators, and the interview forms prepared for the field study were also created on the basis of the indicators. Prior to the fieldwork, the volunteers who will conduct the interviews were given training on children’s rights and data collection techniques. The monitoring report has been prepared based on the findings of in-depth interviews with 20 children and 40 adults living in Diyarbakır including parents, teachers, school founders, artists, media workers, representatives of non- governmental organizations and local administrative authorities. Together with the analysis of the content of the interviews, the report observed the provisions of international and national legislation on mother tongue rights, statistical information and the reflections of the political atmosphere between 2010 and 2020 on children’s mother tongue rights. At the end of the study, it was determined that there are obstacles in Diyarbakır for the right of children to live their own culture, to use and learn their mother tongue, to receive education in their mother tongue, to access media products and to access application and complaint mechanisms. 9 According to the findings on the right of children to access media products in their mother tongue enshrined in the article 17 of the UNCRC: • Children cannot Access Kurdish books and libraries. • Public broadcasting in Kurdish does not address children. • Television channels broadcasting in Kurdish experience difficulties in producing content for children; Those who produce in fields such as Kurdish literature, music and theatre face difficulties. • The state of emergency, appointment of trustees replacing the elected mayors and other public officials as well as the conflict process negatively affect access to Kurdish publications. • According to the findings on the right of children to receive education in their mother tongue enshrined in the article 29 of the UNCRC: • The closure of schools providing education in Kurdish in Diyarbakır, the absence of schools in every district, the limited age group of schools, high school and university entrance exams, and the legislation allowing only private schools to be opened; It constitutes an obstacle for children to be able to attend Kurdish education institutions. • There is no incentive provided by the state to schools providing education in Kurdish, and institutions’ own resources are not sufficient for the continuation of the service. However, demands and efforts for education in the mother tongue may cause educators to be subjected to intense pressure. • The effects of the State of Emergency, the appointed trustee replacing elected officials and the conflict process may cause the schools to be clos down and the fact that they cannot continue their education, as well as the traumatization of children. According to the findings on the right of children to live their own culture and to use their mother tongue enshrined in the article 30 of the UNCRC: • Children cannot sufficiently benefit from the elective Kurdish language courses given within the scope of Living Languages and Dialects. The political process after 2015 negatively affects access to lessons. • Children in Diyarbakır speak Kurdish less than adults. Social and individual traumas cause a decrease in the use of language. According to the findings on the prohibition of discrimination regulated by Article 2 of the UNCRC: • Children in Diyarbakır do not know where to apply when they are subjected to an injustice, and the application mechanisms do not provide services in Kurdish. • During the monitoring, the most important difference affecting children’s access to mother tongue rights was the disability. It has been observed that poverty causes children not to benefit from Kurdish education and activities. As a result of the monitoring, a policy implemented to eliminate these disadvantages could not be determined. 10 In the face of these violations of rights listed in the report, it has been observed that the demands of the children are concentrated under the following 3 headings: • Learning mother tongue at home, talking to parents in mother tongue, • Education in their mother tongue, • Access to mass information sources such as books and television in their mother tongue. At the end of the observation, it is reccomended to take into account the findings reflecting the views of children: • The reservations regarding the rights of mother tongue in articles 17, 29 and 30 of the UNCRC and other international conventions should be lifted, international conventions covering the rights of mother tongue should be a party to, and obstacles to the use of Kurdish in public life should be removed by making a constitutional amendment.

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