turKEY
“Juridical personality” to religious minorities but the knot remains
The general direction of Foundations in Turkey, a governmental organization, has decided to grant juridical personality to Foundations belonging to non-Islamic religious minorities, recognized by the Treaty of Lausanne of 1923. The news was released on November 22 by Fides, quoting as a source the Turkish Bishops’ Conference. The first official step has been the juridical recognition of the Foundation of the Greek High School “Beyoglu”, among the oldest in Turkey. The decision and the recent legislative decree that stipulates the restitution of illegally confiscated property to the legitimate religious foundations, was welcomed by minority religious communities such as the Christian community of Greek rite, along with the Armenian and Jewish communities. These minorities were compelled to create private Foundations in order to run social and charity works such as hospitals and schools, as they lack juridical personality.The knot. Religious minority groups welcomed the “positive sign” launched by the government of Recep Tayyip Erdogan. However, the concession leaves out the Latin Church, which doesn’t figure among the communities recognized by the Lausanne Treaty. “The government, with this initiative, recognizes Foundations’ right to exist, thus excluding the possibility of ‘taking over’ their property”, said Father Claudio Monge, missionary in Turkey for many years. “And this”, he pointed out, “is a positive step”. However, “that’s not the solution to the status of religious minorities in Turkey. The true knot is the full recognition of juridical personality for Churches, religious orders and other bodies”. As a Latin Church, the religious explained, “we are still subjected to the restrictive interpretation of the Treaty of Lausanne, that recognizes as religious minorities only Christians of Greek rite, Armenians and Jews. It is a distinction that has had its day. Everyone says so, but in order to introduce changes a complex constitutional reform project is needed. For its implementation the Erdogan government needs the approval of opposition parties, which makes the project even harder. It is premature to say how and when it will happen”. With this decision the direction for Foundations recognizes the juridical status of cultural, social and religious Foundations. The beneficiaries of the decision include Sufi Islamic brotherhoods, numerous Islamic Foundations, along with the Foundations of the Greek, Armenian and Jewish minorities. These Foundations are also compelled to have a Turkish citizen as their president.When will the day come for the recognition of the Latin Church? The issue was addressed by Rinaldo Marmara, spokesperson of the Turkish Bishops’ Conference, in a report by SIR Europe of 21 November. “The Erdogan government wishes to adopt a more inclusive approach towards religious minorities in Turkey. Unfortunately, the lack of juridical recognition to the Latin Church doesn’t permit us to be a full part of this process”, Marmara said at the end of the presentation in Rome of his book “Istambul. Un incontro di due mondi” (Istanbul, the encounter of two worlds. Trans.’s note) attended, among others, by, Kenan Gürosoy, Ambassador of the Republic of Turkey to the Holy See, Cardinal Raffaele Farina, archivist and librarian of the Holy Church of Rome. “However, there is still reason for concern, such as the recent transformation into a mosque of the church of Saint Sophia in Nicea (Izmit)”. The spokesman’s reference to the decision of the Religious Affairs department is clear. Indeed the decision was taken in agreement with the general direction of Religious Foundations, to which the Church of Izmit belongs. It should be noted that what has been established by the direction for Religious Affairs contrasts with the decisions taken by the Ministry of Culture in Ankara, that provided for the permission to celebrate religious services in all monuments of Christianity declared museums, which is the case of St. Paul’s church in Tarsus. For Marmara, “the lack of juridical personality is a problem that can be solved, but preeminent lawyers and major resources are needed. The Turkish Latin Church is a poor Church”. For the spokesperson, help “could arrive with the entry of Turkey in Europe, that might favor the recognition of the Latin Church as well as her rights. We are in favour – he concluded – to the entry of Turkey in the EU”.