We call on Turkey to respect, guarantee, protect and fulfil the fundamental rights of the LGBTI community without discrimination as enshrined by its Constitution and equality article therein (article 10), and ratified by human rights treaty bodies.
It is particularly concerning that the Turkish government is using the moment of the global COVID-19 pandemic to undermine the fundamental rights of marginalized groups in society. Stirring up hatred could exacerbate existing inequalities and likely lead to further discrimination in the provision of health care services, employment and other services that are vital in times of crisis. It may also lead to arbitrary arrests, ill-treatment, persecution and surveillance by law enforcement authorities – who might feel that such acts are condoned or even encouraged by the government.
The Turkish government has an obligation to protect everyone from hate crime and discrimination, and should not be part of any statements that could encourage hate crimes and target a minority group, including LGBTI people. Turkey’s government should ensure that all of its representatives refrain from making statements that stigmatise lesbian, gay, bisexual, transgender and intersex (LGBTI) people and people living with HIV, and which put them at risk of harassment and attacks. Human rights defenders should not be criminalised for speaking out against homophobic statements by state officials, and therefore criminal investigations against those speaking out, such as the Ankara and Diyarbakır Bar Associations, should be dropped immediately.
We reiterate the statement of the United Nations Special Rapporteur on freedom of religion or belief, in which he clearly states that religious beliefs cannot be used to justify LGBTI rights violations nor be invoked as legitimate ‘justification’ for violence or discrimination against LGBTI people, and that the right to freedom of religion protects individuals and not religions as such.
We recall that as a founding member of the United Nations, Turkey pledged to protect inherent dignity and the equal and inalienable rights of all members of the human family. In addition, as a Member State of the Council of Europe and having ratified the European Convention of Human Rights, Turkey must uphold European human rights law, which prohibits a discriminatory application of human rights.
We call on Turkey to respect, guarantee, protect and fulfil the fundamental rights of the LGBTI community without discrimination as enshrined by its Constitution and equality article therein (article 10), and ratified by human rights treaty bodies. The Turkish government should ensure that all of its representatives refrain from making statements that stigmatise LGBTI people and people living with HIV, and which put them at risk of harassment and attack.
During the Friday sermon (khutbah) on April 24, the President of the Directorate of Religious Affairs, Ali Erbaş targeted LGBTI people and people living with HIV. He equated homosexuality with a disease, stating that “hundreds of thousands of people a year are exposed to the HIV virus caused by this great haram, which passes as adultery in the Islamic Literature”. Moreover, the President of the Directorate of Religious Affairs insinuated that lesbian and gay people were to blame for the COVID-19 outbreak. This is not the first instance of hate speech by the Directorate of Religious Affairs, but this time the statement received the support of other political leaders.
Within days, several leaders came out to publicly support Erbaş. The Presidential Spokesperson and Chief Advisor, İbrahim Kalın, commented that Ali Erbaş “put the divine truth into words”. The Minister of Family, Labour and Social Services, Zehra Zümrüt Selçuk, commented that Erbaş’ words “remind us of our religious values in order to protect our families and generations during Ramadan”. The Parliamentary Human Rights Investigation Commission Spokesperson, Osman Nuri Gülaç, added that “the future of humanity is only possible through legitimate marriages” and referred to LGBT lobbies commanding academia, politics and media in many countries in the world.
On April 27, the Ankara Branch of the Human Rights Association (IHD) filed a criminal complaint against Ali Erbaş in order to “prevent hate crimes, discrimination and gender inequality”. The Ankara, Diyarbakir, Istanbul, and Izmir Bar Associations joined the call condemning the sermon, noting that it raises concerns about the usurping of a ceremony of faith-based values to openly incite hatred and discrimination towards a minority. On the same day, the Ankara Public Prosecutor’s Office started an investigation against the Ankara Bar Association on the grounds of “insulting religious values that a part of the society has embraced”. The Bar Association of Diyarbakir is also the object of an investigation under the same grounds. The next day, President Erdogan commented that “An attack on our Diyanet head is an attack on the state.” Such attacks on the fundamental rights of LGBTI people represent a serious threat to respect for fundamental rights generally in Turkey.
ILGA-Europe – the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association
International Federation for Human Rights (FIDH)
Front Line Defenders
IGLYO – The International Lesbian, Gay, Bisexual, Transgender, Queer & Intersex Youth and Student Organisation
Civil Rights Defenders
Human Rights without Frontiers
The Netherlands Helsinki Committee
International Rehabilitation Council for Torture Victims
International Partnership for Human Rights (IPHR)
World Organisation Against Torture (OMCT) – Europe