European Court Rules Against Turkey’s Religion ID


Designation on identification cards used to discriminate on basis of religion.

ISTANBUL, February 5 (CDN) — A European court on Tuesday (Feb. 2) ordered Turkey to remove the religious affiliation section from citizens’ identification cards, calling the practice a violation of human rights.

Religious minorities and in particular Christian converts in Turkey have faced discrimination because of the mandatory religion declaration on their identification cards, which was enforced until 2006. Since then, citizens are allowed to leave the “Religion” section of their IDs blank.

The ruling by the European Court of Human Rights (ECHR) “is a good thing,” said Zekai Tanyar, president of the Turkish Protestant Alliance, citing prejudices against Christian converts.

“[Religion on the ID] can cost people their jobs,” he said. “It has been known to affect whether they get a job or not, how people look at them, whether they are accepted for a post or an application of some sort. Therefore I think [the ruling] is a good and appropriate thing.”

Tanyar said the same principles would apply in the case of Muslims living in a country that had prejudices against Muslims. For converts in Turkey having to state their religion on their ID cards, “in practice, and in people’s experience, it has been negative.” 

The ECHR ruling came after a Turkish Muslim national filed a petition challenging that his identification card stated his religion as “Alevi” and not Muslim. Alevis practice a form of Shia Islam that is different from that of the Sunni Muslim majority.

The court found in a 6-to-1 vote that any mention of religion on an identity card violated human rights. The country was found to be in violation of the European Convention of Human Rights – to which Turkey is a signatory – specifically Article 9, which deals with freedom of religion and belief; Article 6, which is related to due process; and Article 12, which prohibits discrimination.

The presence of the “religion” box on the Turkish national identification card obliges individuals to disclose, against their will, information concerning an aspect of their personal convictions, the court ruled.

Although the government argued that indication of religion on identity cards did not compel Turks to disclose their religious convictions, the ECHR found that the state was making assessments of the applicant’s faith, thus breaching its duty of neutrality and impartiality.

In a statement on the verdict this week, Turkish Prime Minister Recep Tayyip Erdogan said that the ruling was in line with the government’s intentions.

“I don’t see the ECHR decision as abnormal,” he said, according to Turkish daily Taraf. “It’s not very important if it is removed.” 

The ECHR is independent of the European Union, which Turkey seeks to join. The rulings of the ECHR are binding for members of the Council of Europe, of which Turkey is a member, and must be implemented.

A Step in the Right Direction

Human rights lawyers welcomed the decision of the ECHR, saying it is a small step in the direction of democracy and secularism in Turkey.

“It is related to the general freedom of religion in our country,” said human rights lawyer Orhan Kemal Cengiz. “They assume everyone is Muslim and automatically write this on your ID card, so this is a good reminder that, first of all, everyone is not Muslim in this country, and second, that being a Muslim is not an indispensible part of being Turkish.”

The lawyer said the judgment would have positive implications for religious minorities in Turkey who are subject to intolerance from the majority Muslim population. 

In 2000 Turkey’s neighbor Greece, a majority Christian Orthodox country, lifted the religion section from national IDs in order to adhere to European human rights standards and conventions, causing tumult among nationals.

“In Turkey, Greece or whatever European country, racism or intolerance or xenophobia are not rare occurrences if [religion] is written on your card, and if you are a minority group it makes you open to racist, xenophobic or other intolerant behaviors,” said Cengiz. “There might be times that the [religious] declaration might be very dangerous.”

International Implications

It is not yet known what, if any, effect the ECHR decision could have on the rest of the Middle East.

Because of its history, economic power and strategic location, Turkey is seen as a leader in the region. Like Turkey, many Middle Eastern countries have a place for religious affiliation on their identification cards. Unlike Turkey, listing religious affiliation is mandatory in most of these countries and almost impossible to change, even under court order.

According to Human Rights Watch (HRW), religious identification is used as a tool to deny jobs and even basic rights or services to religious minorities in many Middle Eastern countries.

“It’s a serious problem from a human rights point of view,” said Joe Stork, deputy director for the Middle East and North Africa for HRW, an international human rights organization. “It’s especially problematic when that requirement becomes a basis for discrimination.”

Stork said the identification cards shouldn’t have a listing for religion at all. He said the European decision may eventually be used in legal arguments in Middle Eastern courts, but it will be a long time before change is realized.

“It’s not like the Egyptian government is going to wake up in the morning and say, ‘Gee, let’s do that,’” Stork said.

Egypt in particular is notorious for using religion on IDs to systematically discriminate against Coptic Christians and converts to Christianity. While it takes a day to change one’s religion from Christianity to Islam on their ID, the reverse is virtually impossible. 

Report from Compass Direct News 

KENYA: CHURCH STRUGGLING AFTER ISLAMISTS DESTROY BUILDING


Six months after attack, Muslim assailants still at large; weary congregation faces heat, rain.

GARISSA, Kenya, March 5 (Compass Direct News) – Six months after a gang of Muslim youths ruined a church building in this town in northern Kenya, Christians still worshipping in the sweltering heat of the open air say they feel disillusioned that officials have done nothing to punish the culprits or restore their structure.

On a sunny afternoon last Sept. 14, when angry Muslim youths threw more than 400 members of the Redeemed Gospel Church out of their church building, the Christians hoped they would be able to return to the ruins of their former structure. That hope is quickly giving way to anger, hopelessness and despair.

“After six months in the open, the church feels tired and cheated,” said pastor David Matolo. “We are fed up with the empty promises from the government administration.”

He said the church, which began worshipping in Garissa in early 2001 with only a dozen members, is fast shrinking.

“Our church membership has decreased, which is of great concern to me,” he told Compass. “The church thinks that the government has decided to buy time – almost every month I do book appointments with the relevant authorities, who on several occasions have given us a deaf ear.”

Since the attack, church members have been meeting at the town show grounds. Just a few miles from the Somali border, the site has few trees to protect the congregation from the scorching sun, with temperatures ranging from 92 to 104 degrees F (30 to 40 degrees C).

Asked why he thought government officials were reluctant to grant the church a permanent place of worship as promised, an irritated Matolo did not hesitate to reply.

“The administration has decided, ‘kutesa [inflict pain on us],’ always making promises that never come to pass,” he said. “At times the provincial commissioner deliberately decides not to take my phone calls. I have had a painful experience.”

Matolo said he has asked the administration either to allow the church to build a new structure on land lying idle near a police training college or to let them return to their original site. “We are ready for any eventuality,” he said. “We feel that the administration is not concerned about our spiritual welfare.”

Asked about the pastor’s complaints, provincial police officer Stephen Chelimo told Compass, “The issue at the moment is not within my docket, but wholly rests upon the provincial commissioner.”

But Provincial Commissioner Stephen Maingi said the onus rested on the district commissioner. “Let the district commissioner sort this issue with the pastor,” Maingi said.

District Commissioner Onyango Ogango, in turn, indicated the church itself was the source of problems.

“If the church is allowed to return to their original site, we will expect a fight to erupt with the Muslims,” Ogango said. “Earlier on, the church began very well during its initial stage of inception with controlled worship, but later it turned out to hold noisy prayers and loud songs.”

Further questioned about these allegations, however, Ogango said he would call the pastor to discuss a resolution. Even so, Matolo said previous contact with the district commissioner did not leave him with high expectations.

“Our district commissioner seemed to have no feelings for our predicament,” he said. “The faces of the congregation members speak a lot.”

A glance at the worshippers confirmed his appraisal. They looked weary and anxious, with impending April rains expected to add to the indignity of their situation. Matolo said his congregation feels that soon it will be difficult to worship at all.

Even a temporary home did not appear to be forthcoming. The pastor said their request for a site near the provincial commissioner’s residence was dismissed on the grounds that it would create a security concern.

 

Radical Islamic Influence

Tensions between Christians and the Muslim-majority population in the semi-desert town of 20,000 people began in June 2007, when Muslims built a mosque too close to the church building – only three meters separated the two structures.

Matolo said pleas to District Commissioner Ogango did nothing to reverse the encroachment of Muslim worshippers.

Land issues alone have not been responsible for tensions in the area. The Rev. Ibrahim Kamwaro, chairman of the Pastors’ Fellowship in Garissa, said Matolo had offended Muslims when he preached to a lame Muslim man. Muslims were said to be upset that the pastor persuaded the disabled man to stop going to the mosque and instead join his church.

Matolo’s alleged promise to the disabled man of a better life offended area Muslims, Rev. Kamwaro said.

Christians feel increasingly hunted and haunted as the spread of Islamic extremism is fast gaining ground in this town, located about 400 kilometers (249 miles) from Nairobi, the capital. In neighboring Somalia, newly elected President Sharif Sheikh Ahmed on Feb. 28 offered the introduction of sharia (Islamic law) in exchange for a truce with a rebel extremist group said to have ties to al Qaeda, al Shabaab; the rebels said they would keep fighting. Many fear that Muslim youths in this lawless part of Kenya will be tempted to adopt the radical, uncompromising posture of the fighters.

To date, the gang of more than 50 Muslim youths who attacked worshippers and brought their church to ruins have not been apprehended. Members of the congregation feel justice is increasingly elusive.

In Garissa, Muslims restrict churches in other ways. Christians are not allowed to pray, sing or use musical instruments in rented homes owned by Muslims. No teaching of Christian Religious Education in schools is allowed; only Islamic Religious Knowledge is taught.

Garissa has more than 15 Christian denominations, including the East Africa Pentecostal Church, the Redeemed Gospel Church, the Anglican Church, Deliverance Church, Full Gospel Churches of Kenya and the African Inland Church.

Report from Compass Direct News