トルコとギリシア：少数民族の人権侵害で互恵主義（笑）
トルコ国内のギリシア系住民、ギリシア国内のトルコ系住民の扱いに関する比較調査。
トルコではギリシア系は敵国民扱いで、ガイジン用に高く設定された固定資産税を適用されるので、本当は所有権があるのに共有財産、法人資産の全てを申告しない。放置しているうちに政府に接収されたり第三者に転売されたりした。
善悪は別として、世界ではこれが普通ですけどね。外国人より、まず自国民保護ですよ。
これと比べると、在日は恵まれてるわ。勝手に他人の土地建物に居座った。現時点では購入契約に切り替え正常化したものが多いようだが、そうなったのは問題発生から20年後、30年後、40年後のことだろう。大家からしたら「嫌々ながらの事後承諾」。
法人、個人事業主は民団、総連を通じて税務申告すると随分オトクになるようだし。まったく日本はやることが逆。
Reciprocity principle used to violate minority rights in Turkey, Greece
Thursday, August 5, 2010
ERISA DAUTAJ ŞENERDEM
ISTANBUL - Hürriyet Daily News
Both the Turkish and Greek governments have misused the reciprocity principle to violate the fundamental human rights, especially property rights, of minority foundations, a recent report by a Turkish research organization has found.
"The non-Muslim communities have long been treated unjustly," Taylan Tanay, chair of the Contemporary Lawyers Association's Istanbul Branch, told the Hürriyet Daily News & Economic Review in a Thursday phone interview about the report.
He added that this was primarily due to the lack of proper related laws and practices, something also highlighted in the recent report by the Turkish Economic and Social Studies Foundation, or TESEV.
The TESEV report, "A tale of reciprocity: minority foundations in Turkey and Greece," looks at the principle of reciprocity, laid out in Article 45 of the 1923 Treaty of Lausanne. It was prepared by Dilek Kurban, a law expert who also manages the TESEV Democratization Program in cooperation with Konstantinos Tsitselikis, a law expert working for the Minority Groups Research Center in Greece.
The report says the reciprocity principle does not apply to human-rights treaties.
İbrahim Kaya, an international-law expert at the International Strategic Research Organization, or USAK, told the Daily News that the violation of the property rights of minority foundations was not only a concern for Turkey and Greece, but also for southern Cyprus and the Muslim minorities in Bulgaria.
Kaya said a Turkish high court ruling in 1974 had categorized non-Muslim foundations as foreign ones. "They are not so, as they serve Turkish citizens who are not Muslim, not people who are not Turkish," he said, adding that the 2008 law on foundations had aimed to address this issue.
Another concern coming from prior applications of the principle is that most such foundations had not declared all their property in the past, as they would have had to pay very high taxes had they done so. "Thus, the non-declared property's ownership was then transferred to the state," Kaya said.
According to Tanay, all-inclusive laws and regulations are necessary for Turkey. "The 2008 law on foundations is not sufficient," he said, adding that the Turkish state had to return to the foundations all the property it had confiscated since the 1960s and compensate those whose confiscated properties were sold to third parties and cannot be returned. He encouraged all entities to apply to the European Court of Human Rights if domestic laws were insufficient to cover their cases.
"It is not only a matter of government, the judiciary's perception is also wrong in Turkey," Tanay said, adding that Turkish high courts have also generally disregarded property rights of non-Muslim foundations in their decisions.
"We need to change our perceptions as well, that is the real problem," he said, adding that the roots of the problem went deeper than state structures because there were discriminatory attitudes in Turkish society as well.
One of the main conclusions of the report is that in both Turkey and Greece, "the media has played a destructive role through antagonistic, nationalist and discriminatory coverage portraying minorities as untrustworthy, potential traitors."
"From a point of view of perception-building, the media is as responsible as the government," Tanay said, adding that whenever minorities asked for their property rights to be met, the media depicted them as "an enemy" that would take away Turkish people's properties or make Turkey pay large amounts in compensation. He said the media had to be kept accountable on this issue.
Regarding possible solutions to the discriminatory practices against minority foundations in Turkey and Greece, the report urged an immediate reform in the existing legal frameworks and practices, to which both Kaya and Tanay also agreed.
"The establishment of a special 'property committee' could be an alternative solution," Kaya said, adding that such a model had been successfully implemented in northern Cyprus. Although this might not be a sufficient tool in itself, such an intermediary mechanism would still be a step forward and help solve issues that both the executive and judiciary have been reluctant to address.
トルコではギリシア系は敵国民扱いで、ガイジン用に高く設定された固定資産税を適用されるので、本当は所有権があるのに共有財産、法人資産の全てを申告しない。放置しているうちに政府に接収されたり第三者に転売されたりした。
善悪は別として、世界ではこれが普通ですけどね。外国人より、まず自国民保護ですよ。
これと比べると、在日は恵まれてるわ。勝手に他人の土地建物に居座った。現時点では購入契約に切り替え正常化したものが多いようだが、そうなったのは問題発生から20年後、30年後、40年後のことだろう。大家からしたら「嫌々ながらの事後承諾」。
法人、個人事業主は民団、総連を通じて税務申告すると随分オトクになるようだし。まったく日本はやることが逆。
Reciprocity principle used to violate minority rights in Turkey, Greece
Thursday, August 5, 2010
ERISA DAUTAJ ŞENERDEM
ISTANBUL - Hürriyet Daily News
Both the Turkish and Greek governments have misused the reciprocity principle to violate the fundamental human rights, especially property rights, of minority foundations, a recent report by a Turkish research organization has found.
"The non-Muslim communities have long been treated unjustly," Taylan Tanay, chair of the Contemporary Lawyers Association's Istanbul Branch, told the Hürriyet Daily News & Economic Review in a Thursday phone interview about the report.
He added that this was primarily due to the lack of proper related laws and practices, something also highlighted in the recent report by the Turkish Economic and Social Studies Foundation, or TESEV.
The TESEV report, "A tale of reciprocity: minority foundations in Turkey and Greece," looks at the principle of reciprocity, laid out in Article 45 of the 1923 Treaty of Lausanne. It was prepared by Dilek Kurban, a law expert who also manages the TESEV Democratization Program in cooperation with Konstantinos Tsitselikis, a law expert working for the Minority Groups Research Center in Greece.
The report says the reciprocity principle does not apply to human-rights treaties.
İbrahim Kaya, an international-law expert at the International Strategic Research Organization, or USAK, told the Daily News that the violation of the property rights of minority foundations was not only a concern for Turkey and Greece, but also for southern Cyprus and the Muslim minorities in Bulgaria.
Kaya said a Turkish high court ruling in 1974 had categorized non-Muslim foundations as foreign ones. "They are not so, as they serve Turkish citizens who are not Muslim, not people who are not Turkish," he said, adding that the 2008 law on foundations had aimed to address this issue.
Another concern coming from prior applications of the principle is that most such foundations had not declared all their property in the past, as they would have had to pay very high taxes had they done so. "Thus, the non-declared property's ownership was then transferred to the state," Kaya said.
According to Tanay, all-inclusive laws and regulations are necessary for Turkey. "The 2008 law on foundations is not sufficient," he said, adding that the Turkish state had to return to the foundations all the property it had confiscated since the 1960s and compensate those whose confiscated properties were sold to third parties and cannot be returned. He encouraged all entities to apply to the European Court of Human Rights if domestic laws were insufficient to cover their cases.
"It is not only a matter of government, the judiciary's perception is also wrong in Turkey," Tanay said, adding that Turkish high courts have also generally disregarded property rights of non-Muslim foundations in their decisions.
"We need to change our perceptions as well, that is the real problem," he said, adding that the roots of the problem went deeper than state structures because there were discriminatory attitudes in Turkish society as well.
One of the main conclusions of the report is that in both Turkey and Greece, "the media has played a destructive role through antagonistic, nationalist and discriminatory coverage portraying minorities as untrustworthy, potential traitors."
"From a point of view of perception-building, the media is as responsible as the government," Tanay said, adding that whenever minorities asked for their property rights to be met, the media depicted them as "an enemy" that would take away Turkish people's properties or make Turkey pay large amounts in compensation. He said the media had to be kept accountable on this issue.
Regarding possible solutions to the discriminatory practices against minority foundations in Turkey and Greece, the report urged an immediate reform in the existing legal frameworks and practices, to which both Kaya and Tanay also agreed.
"The establishment of a special 'property committee' could be an alternative solution," Kaya said, adding that such a model had been successfully implemented in northern Cyprus. Although this might not be a sufficient tool in itself, such an intermediary mechanism would still be a step forward and help solve issues that both the executive and judiciary have been reluctant to address.
"トルコとギリシア：少数民族の人権侵害で互恵主義（笑）" へのコメントを書く