TURKISH CITIZENS LIVING ABROAD TURKISH CITIZENS LIVING ABROAD THE JOURNAL OF RIGHTS AND FREEDOMS 2020 FREEDOMS AND RIGHTS OF JOURNAL THE ABROAD LIVING CITIZENS TURKISH THE JOURNAL OF RIGHTS AND FREEDOMS 2020 TURKISH CITIZENS LIVING ABROAD THE JOURNAL OF RIGHTS AND FREEDOMS 2020 TURKISH CITIZENS LIVING ABROAD THE JOURNAL OF RIGHTS AND FREEDOMS 2020 April 2021 1 TURKISH CITIZENS LIVING ABROAD THE JOURNAL OF RIGHTS AND FREEDOMS 2020 RIGHTS AND FREEDOMS IN INTERNATIONAL LAW The Turkish diaspora, which has reached a population of 6.5 million by reaching the 4th generation abroad since the 1960s, when the immigration started, has now become the main element in the countries where it is located. Members of the Turkish diaspora, a significant part of which have also acquired the citizenship of the country in which they have settled, add value to our country as well as their countries of residence in every aspect of life in economic, scientific, social and cultural terms. Whereas, those who have legal citizenship status in the resident country are under the equal protection of the state, and those who continue to live as immigrants under the immigration policies of the countries, the Turkey-EU partnership consensuses specific to EU countries and on the basis of culture agreements, the existence of many situations in which the Turkish diaspora faces discrimination in the context of rights and freedoms cannot be denied. In addition to fundamental rights and freedoms such as to live, security, establishing a family, education, work and travel, the definition and framework of religious and cultural rights are also of great importance in terms of identity and belonging of the Turkish diaspora. In terms of the legal status that is the basis of rights, our citizens who are not citizens but immigrants in the country of residence have a privileged status in EU countries compared to the citizens of other third countries. Within the context of the partnership agreement signed between the European Community (EC) and Turkey (Ankara Agreement) and the standstill clause covered in article 41 in the Additional Protocol which entered into force in 1973, it has been decided that the countries cannot aggravate the conditions they implement as of the date they approved the protocol on topics like provision of services or starting a business (freedom of settlement) by Turkish people. In some countries, the conditions related to the provision of services or establishing a business for our citizens, which are called “The ones with Ankara Agreement”, must be exempted from the new restrictions imposed for the citizens of other countries. In addition, the Association Council Decision No. 1/80 dated September 19,1980 on the Development of Partnership stipulated the right to work not only of Turkish workers but also of their family members. However, despite our partnership law with the EU, there may be practices where even the prohibition of degradation, which is a very basic principle in the protection of the rights of our citizens, is circumvented or neutralized. In addition to different legal statuses in the context of rights and freedoms, another factor that determines the relationship of a person with the country of residence is nationality and / or ethnic origin. However, there is a parenthesis about ethnic origin and legal status 2 TURKISH CITIZENS LIVING ABROAD THE JOURNAL OF RIGHTS AND FREEDOMS 2020 that needs to be clarified here; Minority groups such as Catalans, Basques, Galicians and Occitants, who have a different ethnic origin from the ethnic structure that constitutes the majority in the country they are located in, have a legal status as autochthonous (native) minorities. Because the communities that migrated predominantly in the 20th century from Turkey, the Balkans, the Middle East and from North Africa are not considered to be autochthonous minorities while being members of different ethnic backgrounds and nationalities, and although there are discussions of recognizing them as minorities, they do not currently have an official minority status and in this context, a legal basis in terms of positive discrimination. Two other components that should be evaluated in relation to the rights of people in the country where they live; In terms of mother tongue and religion, it would be appropriate to first look at the international standards of religious and cultural rights. United Nations (UN) is the highest organization that is the source of determining the standards in terms of international law. Under the umbrella of the UN, the rights of individuals and groups have been set forth in the International Covenant on Civil and Political Rights (ICCPR), which entered into force in 1976 and ratified by 172 countries, and as a complementary to it, a total of 18 conventions and additional protocols on human rights were also prepared. In the context of prohibition of discrimination, which is the most basic principle in terms of human rights, it is decided that the ICCPR signatory countries will guarantee and respect the rights of all individuals on its territory who are subject to the authority of sovereignty without any discrimination such as race, color, gender, language, religion, political or other opinions, national and social origin, property, birth or any other status. (Article 2/1) In addition to the principles of non-discrimination and equality before the law, the right to fulfill one’s own religion is also emphasized within the ICCPR. In the convention, freedom of thought, religion and conscience is guaranteed with a separate article on religious rights (Article 18). According to this article, everyone has the freedom of thought, conscience and religion. This right includes the freedom of everyone to have or adopt any religion or beliefs of their choice, and the freedom of everyone to worship in public or in private, individually or with others, practice their own religion or beliefs, practice the requirements of their believe or teach them. In addition, signatory countries are obliged to respect the freedom of parents and legal guardians to provide their children with a religious and moral education in line with their own beliefs. In Article 20, another very important article in terms of combating Islamophobia, incitement to hatred and violence is prohibited: “The defense of any national, racial or religious hostility that incites discrimination, hatred or violence is prohibited by law.” (Article 20/2) 3 TURKISH CITIZENS LIVING ABROAD THE JOURNAL OF RIGHTS AND FREEDOMS 2020 The UN’s 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief defined freedom of thought, conscience or belief within the framework of the following provisions: “(a) To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes; (b) To establish and maintain appropriate charitable or humanitarian institutions; (c) To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief; (d) To write, issue and disseminate relevant publications in these areas; (e) To teach a religion or belief in places suitable for these purposes; (f) To solicit and receive voluntary financial and other contributions from individuals and institutions; (g) To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief; i) Communicating and maintaining national and international communication with individuals and communities on matters of religion and belief”(Article 6) (i) To establish and maintain communications with individuals and communities in matters of religion or belief at the national and international levels. The International Convention on the Rights of the Child, which entered into force in 1990, guarantees the cultural, religious and linguistic rights of children. The relevant articles of the agreement are as follows: “In States where there are minorities or indigenous peoples based on race, religion or language, children belonging to such a minority or indigenous peoples, can benefit from their own culture, believe in and practice their own religion and use their own language together with other members of the minority community to which they belong and cannot be deprived of his right. “ (Article 30) A similar article that guarantees the right of children to receive religious and moral education is also included under the title of Right to Education in the UN Covenant on Economic, Social and Cultural Rights: “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.” (Article 13/3) 4 TURKISH CITIZENS LIVING ABROAD THE JOURNAL OF RIGHTS AND FREEDOMS 2020 In terms of the countries covered by the international standards set by the United Nations, the standards of the Council of Europe come at a lower level. The European Convention on Human Rights of 1950, adopted by the Council, entered into force in 1953. All 47 member states of the council are parties to the convention. One of the most fundamental principles in this convention is again the prohibition of discrimination. In addition, freedom of thought, conscience and religion is guaranteed by the contract. Council of Europe’s General Policy Recommendation No. 5 on Combating Intolerance and Discrimination against Muslims by the European Commission Against Racism and Intolerance (ECRI) were accepted in 2000. In this decision, the member states were recommended the fallowing; • Prevention of discrimination based on religion in the workplace, education and other areas of social life, • To undergo legal and administrative arrangements that will guarantee freedom of religion.