KAOS GL, Turkey's oldest GLBT magazine, has reported that the recent draft Penal Code, submitted to Parliament in May 2003, includes "sexual orientation" in its "discrimination clause." The draft Penal Code is currently under review at the Parliamentary Justice Commission. During its deliberations on January 29, 2004, the Commission decided to add “sexual orientation” to the “discrimination clause.” This clause will allow for the imposition of a 6-month to 1-year jail term for those who discriminate on the basis of sexual orientation (among other factors). This development is very encouraging news in the international arena especially given that the Resolution on Sexual Orientation and Human Rights will be discussed next month at the UN Commission on Human Rights Session in Geneva. Although Turkey is not a member country of the Commission this year, this development may serve to bolster the argument that the right to be free from discrimination should be extended to include those who face discrimination because of their sexual orientation or identity.

This January, for the first time, Turkey's Parliamentary Justice Commission took homosexuals into consideration when they decided to regard discrimination on the basis of sexual orientation to be prohibited by law. Proposed amendments to the Turkish Penal code will now consider that those who commit this crime may be subject to 6 months to 1-year jail term or a monetary fine. The Justice Commission gathered on January 29, 2004, to review the “discrimination” clause in the draft Penal Code. A unanimously agreed amendment specified that “discrimination based on sexual orientation” is a crime. With this amendment, a person who refuses anyone service or housing on the basis of sexual orientation will be subject to various penalties. The amendment specifically prohibits the following actions:

• Consideration of sexual orientation while trading (selling or buying)
• Preventing someone from getting any type of service because of their sexual orientation
• Discrimination in employment opportunities based on sexual orientation
• Not feeding someone because of his/her sexual orientation
• Denying public service based on sexual orientation
• Harming a person’s financial condition because of their sexual orientation

If the draft Penal Code is approved by Parliament, Turkey would become the first predominantly Muslim country to ban discrimination against gays, lesbians and bisexuals. The draft, which is expected to be presented for parliamentary review by mid-2004, also addresses other human rights concerns.

Leading Turkish gay activist groups welcomed the amendment. Lambda Istanbul thanked the MPs who are involved in this process and called on the Turkish Parliament to support the resolution brought by Brazil, along with a number of co-sponsoring countries, to the UN Commission on Human Rights. The resolution on discrimination on grounds of sexual orientation and gender identity will be a hotly debate at the 60th Session of the UN Commission on Human Rights in Geneva. The session will take place from the 15th of March to the 23rd of April 2004.

Links about this news:

1. Lambda Istanbul Briefing (in Turkish): http://www.gencim.net/bugun/haber_oku.asp?haber=1729725080&kategori=11&alt_kategori=&tasarim_kodu=1
2. Sabah Newspaper (in Turkish): http://www.sabah.com.tr/2004/01/30/siy107.html
3. Milliyet Newspaper (in Turkish): http://www.milliyet.com.tr/2004/01/30/siyaset/siy20.html
4. A Turkish law web site (in Turkish): http://www.turkhukuksitesi.com/hukukforum/showthread.php?s=cb03d92c7d52e26f7a88b05ecaa9f8b9&threadid=3144

Information about leading Turkish Gay Organizations:

1. KAOS GL:
   Web site: http://www.kaosgl.com/english/index.html
   E-mail: dergi@kaosgl.com
2. LAMBDA ISTANBUL:
   Web site: http://www.lambdaistanbul.org
   E-mail: lambda@lambdaistanbul.org
   Tel/Fax: (international code) 212 245 70 68 (between 15:00 - 20:00/ 3:00 PM-8:00 PM)
3. LEGATO:
   Web site: http://www.e-legato.org/english.html
   E-mail: info@e-legato.org

International Law:

The right to life, liberty and security of person is protected by the Universal Declaration of Human Rights (UDHR) in its Article 3; by the International Covenant on Civil and Political Rights (ICCPR) in Articles 6 and 9.

The right to equality before the law and to be free from discrimination are protected by the UDHR in its Articles 2 and 7, by the ICCPR inits Articles 2 and 26, and by the IACHR in its Articles 1 and 24.

The United Nations Human Rights Committee affirmed in its decision in Toonen v Australia (1994) that existing protections against discrimination in Articles 2 and 26 of the ICCPR should be understood to include sexual orientation as a protected status. Numerous other human rights mechanisms of the United Nations have subsequently condemned discrimination based on sexual orientation.

The Turkish Parliamentary Justice Commission’s amendment which considers discrimination on the basis of sexual orientation to be a criminal act is a significant addition to the growing international consensus upholding the universality of human rights, and in particular, that the right to be free from discrimination includes sexual minorities.

About IGLHRC:

The mission of the International Gay and Lesbian Human Rights Commission (IGLHRC) is to secure the full enjoyment of the human rights of all people and communities subject to discrimination or abuse on the basis of sexual orientation or expression, gender identity or expression, and/or HIV status. A US-based non-profit, non-governmental organization (NGO), IGLHRC effects this mission through advocacy, documentation, coalition building, public education, and technical assistance.

IGLHRC
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New York, NY 10118
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Telephone: +1-212-216-1814
Fax: +1-212-216-1876
Email: iglhrc@iglhrc.org
http://www.iglhrc.org

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