Request to ban a second Turkish gay rights group rejected in Bursa
October 9, 2006
An official demand to ban another gay rights association in the city of Bursa was rejected by a prosecutor on October 6, 2006, allowing the Rainbow Solidarity and Cultural Association to continue to operate, reports. The decision was hailed by gay rights activists as a big step in combating discrimination in the country, which hopes to join the European Union.
On March 3, 2006 Rainbow Solidarity and Cultural Association for Transgenders, Gays and Lesbians was established in the city of Bursa, becoming the second legally registered LGBT organization in Turkey. The Ministry took the application and forwarded it to the related branch which functions under the Mayor of Bursa.
However on May 24, 2006, Cafer Odabas, the deputy governor of Bursa, came out with a statement referring to the Articles 56 and 60 of the Turkish Civil Code prohibiting establishment of an organization “that is against the laws and morality rules". He also referred to the articles 40 and 45 of the Constitution “providing clauses to protect the family” and authorized a court procedure at the Principal Registry to close down the Rainbow Solidarity and Cultural Association for Transgenders, Gays and Lesbians. The deputy even referred to the article 11 of the European Convention on Human Rights claiming that that article allows a government to dissolve an association that are in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.
But the prosecutor, Nazmi Guven, reviewing the demand decided not to proceed with a court case on the grounds that the laws do not consider being gay, lesbian, bisexual or transgender an illegal action therefore there is no legal ground for punishment. The prosecutor also referred to European Convention of Human Rights while defending his decision.
A similar series of events happened to Kaos GL, an LGBT organization in Ankara last year. The group, which was founded in 1994, had applied for non-government organization (NGO) status with the Ministry of the Interior in July 2005. However on 15 September 2005, the deputy governor of Ankara said that official registration of an LGBT organization in existence since 1994 is against the laws and morality rules and therefore it should be closed down. Finally on October 12, 2005, the prosecutor, Kursat Kayral, allowed the KAOS Gay and Lesbian Cultural Research and Solidarity Association to continue to operate. In his ruling the prosecutor even gave a reference to the American Psychiatric Association indicating they do not consider homosexuality as a disorder and said that the words "gay" and "lesbian" were widely used in daily life and scientific research.
Lambda Istanbul, another LGBT organization, has also applied for non-government organization (NGO) status with the Ministry of the Interior this year. Their application to become a legal entity is still on-hold because the Istanbul Governor's Office also filed a complaint against the association, accusing that their activities do not comply with morals and family values.
Homosexuality has never been illegal in Turkey, but the government has refused to grant specific rights to lesbians, gays, bisexuals and transgenders. An attempt was made in 2005 to introduce an anti-discrimination bill in the Parliament, but it was later dropped by the government. Turkey has been under increasing pressure from the EU to offer protections for its LGBT citizens if it wants membership in Europe. Turkish LGBT groups also complain that the European Union, which Turkey is seeking to join, has failed to lend them adequate support and have called on Brussels to speak out in favor of their struggle for equal rights.
As of October 6, 2006 there are two legally existing non-government LGBT organizations: Kaos GL in Ankara and Rainbow Association in Bursa. Lambda Istanbul in Istanbul is still awaiting a court decision to become the third legal Turkish LGBT organization.
An official demand to ban another gay rights association in the city of Bursa was rejected by a prosecutor on October 6, 2006, allowing the Rainbow Solidarity and Cultural Association to continue to operate, reports. The decision was hailed by gay rights activists as a big step in combating discrimination in the country, which hopes to join the European Union.
On March 3, 2006 Rainbow Solidarity and Cultural Association for Transgenders, Gays and Lesbians was established in the city of Bursa, becoming the second legally registered LGBT organization in Turkey. The Ministry took the application and forwarded it to the related branch which functions under the Mayor of Bursa.
However on May 24, 2006, Cafer Odabas, the deputy governor of Bursa, came out with a statement referring to the Articles 56 and 60 of the Turkish Civil Code prohibiting establishment of an organization “that is against the laws and morality rules". He also referred to the articles 40 and 45 of the Constitution “providing clauses to protect the family” and authorized a court procedure at the Principal Registry to close down the Rainbow Solidarity and Cultural Association for Transgenders, Gays and Lesbians. The deputy even referred to the article 11 of the European Convention on Human Rights claiming that that article allows a government to dissolve an association that are in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.
But the prosecutor, Nazmi Guven, reviewing the demand decided not to proceed with a court case on the grounds that the laws do not consider being gay, lesbian, bisexual or transgender an illegal action therefore there is no legal ground for punishment. The prosecutor also referred to European Convention of Human Rights while defending his decision.
A similar series of events happened to Kaos GL, an LGBT organization in Ankara last year. The group, which was founded in 1994, had applied for non-government organization (NGO) status with the Ministry of the Interior in July 2005. However on 15 September 2005, the deputy governor of Ankara said that official registration of an LGBT organization in existence since 1994 is against the laws and morality rules and therefore it should be closed down. Finally on October 12, 2005, the prosecutor, Kursat Kayral, allowed the KAOS Gay and Lesbian Cultural Research and Solidarity Association to continue to operate. In his ruling the prosecutor even gave a reference to the American Psychiatric Association indicating they do not consider homosexuality as a disorder and said that the words "gay" and "lesbian" were widely used in daily life and scientific research.
Lambda Istanbul, another LGBT organization, has also applied for non-government organization (NGO) status with the Ministry of the Interior this year. Their application to become a legal entity is still on-hold because the Istanbul Governor's Office also filed a complaint against the association, accusing that their activities do not comply with morals and family values.
Homosexuality has never been illegal in Turkey, but the government has refused to grant specific rights to lesbians, gays, bisexuals and transgenders. An attempt was made in 2005 to introduce an anti-discrimination bill in the Parliament, but it was later dropped by the government. Turkey has been under increasing pressure from the EU to offer protections for its LGBT citizens if it wants membership in Europe. Turkish LGBT groups also complain that the European Union, which Turkey is seeking to join, has failed to lend them adequate support and have called on Brussels to speak out in favor of their struggle for equal rights.
As of October 6, 2006 there are two legally existing non-government LGBT organizations: Kaos GL in Ankara and Rainbow Association in Bursa. Lambda Istanbul in Istanbul is still awaiting a court decision to become the third legal Turkish LGBT organization.
