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LESBIAN, GAY,
BISEXUAL AND TRANSGENDER (LGBT) RIGHTS IN TURKEY--AN OVERVIEW OF ISSUES
PREPARED BY Kaos GL
ANKARA, TURKEY
September 2005
Part 1 – Kaos GL’S Demands………………………………………………….
page 1
Part 2 – Introduction…………………………………. ………………………..
page 3-4
Part 3 – History of LGBT Movement in Turkey……………………………….
page 5-11
Part 4 – LGBT Community’s Concerns about New Turkish Penal Code…..
page 12-13
Part 5 – Two Cases Regarding the Transgenders in Turkey………………..page
14
Part 6 – LGBT Issues in Turkish Media……………………………………….
page 15
Part 7 – Problems of Lesbians in Turkey………………………………………page
16-18
PART 1 – KAOS GL’S DEMANDS:
Kaos GL urges the Turkish government and EU officials to take the necessary
actions to:
ß Amend the Turkish Penal Code in order to ban and criminalize discrimination
based on sexual orientation and gender identity.
ß Amend the Turkish Penal Code in order to remove the article penalizing
consensual sexual relations between young people of 15 to 18 years of age.
ß
Amend the “obscenity” article in the Turkish Penal Code by clearly
defining what constitutes “obscenity”.
ß
Revise its laws and eliminate vague terms such as “exhibitionism,” and “offenses
against public morality,” which lead to subjective interpretation and
can be used to harass and persecute people (especially transgenders) based
on their sexual orientation or gender identity.
ß Develop programs for transgender people which will open employment possibilities
outside the sex work trade and will help to ease the discrimination they are
facing.
ß Ease the restrictive requirements for sex reassignment surgery (the Turkish
Civil Code allows sex reassignment surgery since 1988).
ß Change military policy to admit homosexuals into the armed forces; allow
conscientious objection, if a compulsory military service is deemed necessary;
and to end
all humiliating medical examinations to depict whether an individual is gay
or not.
Kaos GL is hoping that EU legislation will press Turkey for legislative
and policy-related changes on issues of sexual orientation and gender identity.
PART 2- INTRODUCTION
Turkey has always been somewhere between the West and the East. Its culture
includes both Western and Eastern values. These values sometimes clash with
each other. A striking example of this clash is the struggle for human rights
by Turkish lesbians, gays, bisexuals and transgenders (LGBT). Providing solutions
to the problems of the Turkish LGBT community will be one of the litmus tests
for the future of the democracy in Turkey, as well as inclusion in the European
Union.
There are reasons to be both optimistic and pessimistic regarding the fate
of Turkish LGBT people.
As seen in “Part 3- The History of the LGBT Movement in Turkey” of
this report, the LGBT movement in Turkey is still in its early stages. One
can easily notice that the Turkish LGBT movement is becoming more vocal and
active. Especially since the 1990s, the momentum has been steadily increasing.
In 2005 there are two very active and vocal Turkish LGBT organizations: Lambda
Istanbul in Istanbul and Kaos GL in Ankara. There are also smaller LGBT groups
established all over Turkey.
Kaos GL
Founded in the capital of Turkey, Kaos GL has been one of the pioneer LGBT
groups in Turkey since the early 1990s. Kaos GL (with the support of Lambda
Istanbul) has been very active during the preparation of the new Turkish Penal
Law in 2004 (refer to “Part 4 –LGBT Community’s Concerns
about New Turkish Penal Code”). For the first time in the Turkish Republic’s
history, a group of LGBT activists were present in the Parliament demanding
their rights.
Kaos GL’s other contribution to the Turkish LGBT movement is the magazine
it has published since 1994. In November 1999, when it received a warning from
the Security Department Press Office, Kaos GL Magazine registered as a legal
publication and has been published, as such, since December 1999.
Kaos GL gained legal NGO (non-governmental organization) status in July 2005,
becoming the first legally registered LGBT organization in Turkey.
Lambda Istanbul
Established in Istanbul, Lambda Istanbul has achieved many successes regarding
the concerns of Turkish LGBT people. As indicated in Part 3- The History of
the LGBT Movement in Turkey of this report, Lambda Istanbul organized many
events to bring attention to the problems of the LGBT community. In June 2003,
Lambda Istanbul celebrated its tenth Gay Pride week and the anniversary of
its establishment. At that occasion, for the first time in Turkey’s history,
about 50 gays and lesbians marched in a public demonstration down Istiklal
Street in Istanbul, and issued a press statement at the end of the parade.
Since then, members of Lambda Istanbul have marched outside, every year, with
an increasing number of participants.
Influence of Internet
The Internet has had a tremendously positive effect. LGBT people, especially
ones in rural areas, are able to communicate with one another more frequently,
openly and anonymously. The Internet helps LGBT individuals and organizations
to mobilize their forces and enables them to establish contact with the outside
world. It can easily be concluded that the Internet will continue to influence
the future of the Turkish LGBT movement in a positive way.
Problems of the LGBT Community
Of course there is also a negative side to this story. Although it is legal
in Turkey to be lesbian, gay, bisexual or transgender, discrimination and persecution
are also prevalent. It is too early to be optimistic about the future when
it comes to LGBT rights.
There is still massive discrimination in both the public and private sector.
It is very difficult for someone to press charges when he/she faces discrimination
based on sexual orientation; Turkish laws do not recognize crimes of discrimination
based on sexual orientation or gender identity.
Transgenders, who are often the most visible part of the LGBT community, continue
to face discrimination and physical harassment by society. Just like gays and
lesbians, they have little legal recourse. Although security forces have been
very harsh to transgenders in the past, with the considerations regarding human
rights by the European Union (EU) and the Turkish public, the situation is
slowly improving.
European Union
Despite these difficulties, the prospect of EU membership has had a tremendously
positive impact to the daily lives of all Turkish people including the LGBT
community. It is essential to remember that Turkey is the only country with
a Muslim majority that provides hope when it comes to LGBT rights. In a report
prepared by Kaos GL previously, it was found that there are only six Muslim
countries in which being a lesbian, gay, bisexual or transgender is legal and
these countries are: Turkey, Albania, Bosnia-Herzegovina, Azerbaijan, Turkmenistan
and Kazakhstan. It is no coincidence that of these Turkey, Albania, Bosnia-Herzegovina
and Azerbaijan have strong ties with the rest of European community.
It is hoped that the prospect of membership talks between Turkey and EU will
continue to have a positive impact on the struggles of Turkish LGBT people.
Kaos GL along with Lambda Istanbul are hoping that during the membership talks,
the demands of the Turkish LGBT (see “Part 1 – Our Demands”)
people will be taken into account in order to spread the values of democracy
to every Turkish citizen.
PART 3 – HISTORY OF LGBT MOVEMENT IN TURKEY
As in most countries, in Turkey too, gay culture first became visible in male-dominated
public venues, such as cafes and bars, especially in larger cities like Istanbul
and Ankara. Unlike gays and transgenders, lesbians were almost invisible till
the early 1990s.
1970s. Raising Consciousness
By the end of the 1970s, a group of well-educated and economically independent
lesbians and gays had begun a political discourse with each other. Through
the 1970s, Ibrahim Eren, working at the Environment and Health Organization
in the city of Izmir, facilitated this discourse by establishing support groups
among lesbians and gays of Izmir. However, the 1980 military coup shut this
organization down, together with all other non-governmental organizations,
and Eren left the country to escape government harassment. Living in Germany
and other European countries for several years, he became active in anti-militarism
and the emerging green and gay movements.
1980–1986. Radical Democrat Green Party
While the 1980 military coup crushed the freedoms that Turkish people had been
enjoying since 1961*, it also provided an impetus for the LGBT community to
incubate its own movement by eliminating access to other alternative, progressive
organizations. Under these circumstances, Ibrahim Eren established the Radical
Democrat Green Party to give voice to lesbians, gay men, bisexuals, transgendered
people, anti-militarists, and greens. By 1987, the party floundered because
of its inability to resolve internal issues.
* 1961 is the year the 3rd Constitution came into force which was one of the
most progressive and liberal constitutions of its time. After September 12,
1980, the military government invalidated this constitution and accepted a
new one in 1981 which is still in force as of 2005.
1987. Hunger Strike against Harassment
The Istanbul district near Beyoglu and Istiklal Street has always been an important
gathering place for lesbians, gays, bisexuals and transgendered people. By
1987, police harassment, particularly against transgendered people, intensified
to an alarming degree. The media was aware of this dangerous situation, but
chose not to report it.
Thirty-seven gay men and transgendered people started a hunger strike to protest
the harassment and sought help from the new Radical Democrat Green Party. This
was the first public action taken by the Turkish LGBT community. Although no
concrete changes were achieved from the action, this protest raised attention
both domestically and internationally. Some prominent figures of the time,
such as Rifat Ilgaz (author) and Turkan Soray (actress), openly voiced their
support.
1988. Turkish Transgendered People Gain Legal Status
In 1988, following a long legal struggle, Turkish Civil Code (Clause 29) was
amended as follows:
" In cases where there has been a change of sex after birth, documented
by a report from a committee of medical experts, the necessary amendments are
made
to the birth certificate."
However, prejudice and violence against transgendered people continue.
1993. LGBT Pride Conference in Istanbul Banned
The Turkish LGBT human rights movement became more visible during the 1990s.
The most notable event was an attempt to organize an LGBT pride conference
in Istanbul in 1993.
The pride conference, named the Christopher Street Day Sexual Liberation Activities,
was originally scheduled for July 2-6, 1993, but was banned at the last minute
by the governor of Istanbul, apparently on the grounds that it would be contrary
to Turkey's traditions and moral values and that it might disturb the peace.
This was despite the fact that the Interior Ministry had previously provided
the organizers approval to conduct the event. The governor allegedly sent his
agents to hotels in Istanbul, instructing them not to provide lodgings to the
participants. The next day, Turkish authorities detained 28 foreign delegates.
At the time of their arrest, most of the detainees were in transit to a press
conference in protest of the ban. They were detained for over five hours, threatened
with possible strip searches and human immunodeficiency virus (HIV) tests,
and deported on a Turkish airliner to Germany.
The most striking result of this event was the immediate establishment of Lambda
Istanbul, which, to this day, remains one of the most active LGBT organizations
in Turkey. Immediately after the Istanbul city government banned the conference,
a group of gays and lesbians, formerly named "Gokkusagi" (Rainbow),
renamed themselves as “Lambda Istanbul”. The group’s first
activity was to work with other organizations seeking to prevent the spread
of HIV/AIDS. Working with Turkey’s AIDS Prevention Society, Lambda Istanbul
prepared the first safer sex brochure that directly addressed gay men. Lambda
Istanbul became a member of the International Lesbian and Gay Association (ILGA)
in 1993.
1994. New LGBT Group Forms in Ankara and First Turkish LGBT Magazine Published
In 1994, a group of LGBT people gathered in Ankara to found Kaos GL, a new
LGBT group. They also started publishing a magazine (also called Kaos GL) to
cover LGBT issues in Turkey. Kaos GL Magazine is still being published as of
2005.
June 1994. New Political Party Addresses Turkish LGBT Community Issues
The Freedom and Solidarity Party (ÖDP), formed in June 1994, became the
first legal political party to champion issues concerning the Turkish LGBT
community. It also became the first legally recognized political party to specifically
ban discrimination based on sexual orientation and gender identity at all levels
of the organization.
September 1995. LGBT Pride Conference in Istanbul Banned Again
In September 1995, the Istanbul city government halted a second, planned LGBT
conference. Lambda Istanbul announced the city government’s anti-democratic
actions to the free world through the Internet and Reuters. Despite the Turkish
media’s failure to report these developments, the international media
did, and the Turkish Ministries of Internal Affairs and Culture received overwhelming
national and international protests.
August 1996. The Turkish Supreme Court of Justice Determines Lesbians “Sick”
In June 1996, the Turkish Supreme Court of Justice (Turkey’s highest
court) decided that permitting a lesbian mother to raise her child would threaten
the moral development of her child. The Court vacated a lower court decision
which had granted a lesbian mother the custody of her two-year old daughter.
The Supreme Court characterized the mother as, "a woman who has a [sexual]
habit in the degree of sickness” and granted the father the custody of
the child.
1990s. Dilemma of Turkish Lesbians
In 1990's there were some unsuccessful attempts to establish lesbian organizations,
such as Sappho's Girls (Sappho'nun Kizlari) and Sisters of Venus (Venus'un
Kizkardesleri). Lesbians in the existing LGBT organizations, at that time,
were having problems identifying themselves as part of the wider gay male movement.
(see “Part 7- Problems of Lesbians in Turkey”)
1996. Repression Against Transgendered People Intensifies
Being highly visible, Turkish transgendered people continued to be severely
persecuted. Just before the 1996 United Nations Human Settlements Program (HABITAT)
conference was to be held in Istanbul, transgendered people who had been living
in the Ulker Street area, in the Cihangir district of Istanbul, were driven
from their homes. They were arrested and subjected to violence and torture.
(see “Part 5 – Two Cases Regarding the Transgenders” in Turkey)
1996. Lambda Istanbul Broadcasts First LGBT Radio Show and Publishes Magazines
In 1996, Lambda Istanbul began a radio program through Open Radio (Acik Radyo),
as well as two magazines, to serve the Turkish LGBT community. While the radio
program lasted almost two years, the magazines, 100% GL and Cins (Gender),
were discontinued.
1996. First Turkish Student LGBT Group Formed
LEGATO is a LGBT association that aims to bring together LGBT Turkish university
students, graduates, and academicians. The first LEGATO branch was formed at
the Middle Eastern Technical University in Ankara in 1996. Within a few years,
branches spread to almost all universities in Turkey. By 2000, LEGATO had become
one of the most important and active LGBT organizations in Turkey, with its
continually raising membership reaching 2,000. While LEGATO groups are mostly
active on-line, some groups also gather in their respective universities.
April 1997. First LGBT Organization Participates at Government Level
Two members from Lambda Istanbul were invited to participate in the National
Congress on AIDS, held in Ankara in April 1997. This was the first time that
a Turkish LGBT organization was officially represented at the government level.
June 1997. Turkish Transgender Activist Receives Award
On June 2, 1997, Demet Demir, a transsexual woman and the first person ever
considered a prisoner of conscience by Amnesty International because of sexual
orientation and gender identity, was given the 1997 Felipa de Souza Award for
exemplary service to her community by the International Gay and Lesbian Human
Rights Commission (IGLHRC). Ms. Demir is from the Cihangir district of Istanbul
and has worked on behalf of lesbians, gays, transvestites, transsexuals, and
sex workers throughout Turkey. She has been imprisoned numerous times, tortured,
has had her home broken into and her telephone cables cut in efforts to silence
her.
In 2005, Ms. Demir continues to work in collaboration with various non-governmental
organizations for equal rights for sexual minorities. She is very active at
the Lambda Istanbul organization.
1998-Present. Semiannual National LGBT Meetings Held
Since 1998, Turkish LGBT groups have been holding semiannual meetings, one
in Ankara in the spring (Bahar Ankara), and the other in Istanbul in the fall
(Guztanbul). The purpose of these meetings is to assess and solve the issues
confronting the Turkish LGBT community. Since 2002, participants have also
included family members and supporters of lesbians, gays, bisexuals, and transgendered
people.
February 1999. First Transgendered Person Runs for Local Elections in Istanbul
Demet Demir (see above-June 1997), running as a member of the Freedom and Solidarity
Party's (ÖDP) Beyoglu district organization, became the first transgendered
candidate for the February local council elections in Istanbul.
2000-Present. New LGBT Groups Form in Smaller Turkish Cities
Following the establishment of LGBT organizations in Ankara and Istanbul, new
organizations began to appear in other cities, including Pink Triangle Group
in Izmir and Rainbow Group in Antalya. Groups serving specific needs within
the LGBT community such as Bear Anatolia and Bears of Turkey have also become
more active in the recent years. With the help of the Internet and other communication
technologies, the number of LGBT organizations that target different aims and
interests is expected to increase.
May 2001. First Time Turkish Lesbians, Gays, Bisexuals and Transgenders Openly
Participate in Public Demonstration
Kaos GL participated in the May Day labor demonstrations in Ankara under its
own banner and signs. This was the first time that a Turkish LGBT group participated
in a public forum. It also paved the way for Lambda Istanbul to join the May
Day labor demonstrations in Istanbul in 2002 for the first time.
March 2003. First Turkish LGBT Library Established
An LGBT library was founded in March 2003, at the Lambda Istanbul Cultural
Center. It includes almost 1,000 books, as well as human rights reports about
LGBT issues, articles about LGBT/queer politics, the publications of some Turkish
NGOs, and LGBT-themed movies.
May 2003. Important Symposia Held Concerning LGBT Issues
In May 2003, a symposium entitled "Music and Gender Politics" was
held at the Lambda Istanbul Cultural Center.
Also in May 2003, the "Symposium about Discrimination and Violence towards
Gays and Lesbians" was held in Istanbul’s Bilgi University. Participants
included Lambda Istanbul, Bear Anatolia, and academics. During the symposium,
discrimination against LGBT people in psychiatry, law, psychology, sociology,
and social work was analyzed. Workshop topics also included "Problems
of Transvestites and Transsexuals" and "Invisibility of Lesbians”.
June 2003. First Public LGBT Pride March Held in Istanbul
In June 2003, Lambda Istanbul celebrated its tenth Gay Pride week and the anniversary
of its establishment. For the first time in Turkey’s history, about 50
LGBT activists marched down Istiklal Street in Istanbul. They also issued a
press statement at the end of the parade that stated that “The Right
to Live Proud” is an indispensable part of the Universal Declaration
of Human Rights. The statement also indicated the range of problems that Turkish
LGBT people continue to face in their lives. Other events followed the parade,
including the traditional pride party, the showing of the legendary movie “Stonewall”,
a symposium and a poetry recital. Since 2003, Lambda Istanbul has organized
yearly pride march and events in Istanbul.
September 2003. Lambda Istanbul Joins an International Conference in Istanbul
On September 27, 2003 Lambda Istanbul participated in the "International
Congress of the Institute of Forensic Sciences" and joined a symposium
addressing "Murders towards Gays and Lesbians".
Spring 2004. Meetings and Symposia Held in Various Cities
In the spring of 2004, Kaos GL convened meetings in the cities of Diyarbakir,
Ankara, Izmir, and Istanbul in order to unite lesbian, gay, bisexual and transgendered
individuals with human rights activists.
University-supported symposia included "To Understand Sexual Identity
and Sexual Orientation in Turkey", held May 7, 2004, at Istanbul Bilgi
University, and "Turkey, Identity, Queer", held for two days in April
2004 at the University of Bosphorus.
January 2004. Turkish Parliament Justice Commission Proposes Criminalizing "Discrimination
Based on Sexual Orientation"
On January 29, 2004, Turkey's Parliamentary Justice Commission voted to alter
the discrimination clause in the Penal Code to designate "discrimination
based on sexual orientation" a crime. It would encompass services, housing,
and employment. Turkish LGBT activists praised the proposal. If it had been
passed into law, Turkey would have become the first predominantly Muslim country
to pass such progressive human rights legislation.
July 2004. Turkish Parliament Justice Commission Rules Out Anti-discrimination
Proposal
On July 6, 2004, the Parliamentary Justice Commission decided to replace the
discrimination clause in the Penal Code with the existing discrimination clause
in the Constitution (Article No.10). While prohibiting discrimination based
on language, race, skin color, gender, political opinion, religion, denomination,
and similar reasons, the Constitution does not directly refer to sexual orientation.
July 2004. International Group Advocates Penal Code Reform as Part of Turkey’s
European Union (EU) Membership Application
In July, 2004, the International Lesbian and Gay Association of Europe (ILGA
Europe) asked the EU Presidency to ensure that the Turkish Penal Code be amended
to criminalize discrimination against LGBT people.
September 2004. Lesbians, Gays, Bisexuals, and Transgendered People Protest
Legislation
On September 15, 2004, demonstrators from LGBT groups marched alongside women’s
rights groups in front of the Turkish Parliament to protest proposed legislation
which makes no reference to discrimination based on sexual orientation and
gender identity.
October 2004. European Union Report on Turkey Barely Mentions LGBT Discrimination
The 2004 Regular Report on Turkey's Progress towards Accession, published October
6, 2004, addressed various problems concerning Turkey. Although discrimination
on the basis of sexual orientation was mentioned twice in the report, the language
was vague and the problems of the Turkish LGBT community were not mentioned
at all.
October 2004. Formation of Gay and Lesbian Workers Network
Gay & Lesbian Workers Network of Kaos GL was formed and it held its first
meeting in Ankara between October 29 and 31, 2004.
October 2004. First Gay and Lesbian Film Festival Held in Istanbul
Istanbul held its first gay and lesbian film festival, "OutIstanbul, 1st
International Gay and Lesbian Film Festival", from October 1-6, 2004.
2005. Turkish LGBT Groups Push for Equality Promise in EU-Turkey Debate
On December 17, 2004, the European Union agreed to start negotiating membership
with Turkey in October 2005. Kaos GL in Ankara and Lambda Istanbul in Istanbul
issued numerous press releases to both Turkish and EU officials in order to
draw attention to the concerns and demands of the Turkish LGBT community.
February 2005. Raising International Awareness of LGBT issues of Turkey
For the first time, the embassies of western countries attended a series of
conferences concerning issues regarding Turkish LGBT community. The events
were organized by Kaos GL in February, 2005.
April 2005. Arrest of a Gay activist and Conscientious Objector
Turkish gay activist and conscientious objector Mehmet Tarhan is being held
in a military prison in Sivas, Turkey since April 2005. He was charged with “insubordination
in front of the unit”, which carries a maximum penalty of five years
imprisonment under Article 88 of TACK (Turkish Military Penal Code). Turkish
army is the only European NATO army that defines homosexuality as a psychological
disorder; in addition it does not recognize Conscientious Objection, therefore,
any Turkish male citizen who refuses to service in the military is subjected
to prison terms.
July 2005. Kaos GL Became the First Turkish LGBT Organization That Gained Legal
Status
Kaos GL, which was founded in 1994, finally applied to Interior Ministry and
attained legal status.
August 2005. Prison Sentence for Mehmet Tarhan
Sivas Military Criminal Court sentenced the gay activist and conscientious
objector Mehmet Tarhan to 4 years of prison. (see above – April 2005)
September 2005. Kaos GL’s Legal Status is in Jeopardy
Governor of Ankara rejected to approve the legal status of Kaos GL and filed
a lawsuit to close the organization. (see above – July 2005)
PART 4 – LGBT
COMMUNITY’S CONCERNS ABOUT NEW TURKISH PENAL CODE
The new Turkish Penal Code, which does not recognize the existence of Turkish
lesbian, gay, bisexual or transgender (LGBT) people, went into effect on June
1, 2005.
None of the demands Kaos GL and Lambda Istanbul brought up during their face-to-face
meetings with the Justice Commission members were considered. Turkish lesbians,
gays, bisexuals and transgenders want to live in Turkey without being outlawed,
stigmatized and discriminated against.
Turkish LGBT People’s Demands:
The Turkish LGBT Community urges the government to take the necessary action
to amend the Turkish Penal Code to:
ß Ban and criminalize discrimination based on sexual orientation and gender
identity.
ß
Remove the article penalizing consensual sexual relations between young people
of 15 – 18 years of age. (which conflicts with the Children's Rights
Protocol and the Global Declaration on Human Rights, both ratified by Turkey)
ß
Amend the “obscenity” article by clearly defining acts of “obscenity”
Existing Situation in Turkey:
Turkish lesbians, gays, bisexuals and transgenders, are trying to explain to
the larger community that having the freedom to live as a lesbian, gay, bisexual
or transgendered individual is a human rights issue.
Although, in Turkey, being a gay, lesbian, bisexual or transgender was never
legally a “crime” nor a “disease”, the institutions
of the Turkish government have always used pressure, intimidation and sometimes
violence against the Turkish LGBT community.
The Turkish media cover the issues and demands of the LGBT community as if
they are cheap magazine news. At the same time the ambiguity of the newly accepted
laws punish LGBT people by not recognizing them.
Kaos GL’s Story about Turkish Penal Code:
On May 24, 2004, representatives of Kaos GL and Lambda Istanbul met with Mr.
Orhan Erarslan, a member of the Turkish Parliament and a member of the Justice
Commission. During the meeting, the speaker of the LGBT groups demanded the
inclusion of the lesbians, gays, bisexuals and transgenders among the groups
that are protected by the Turkish Penal Code. The speaker also emphasized that
sentences for crimes perpetrated against gays should not be reduced by the
court. He added that laws should be further revised to prevent discrimination
against LGBT people.
On January 29, 2004, the Justice Commission decided to add “sexual orientation” to
the “discrimination clause” which would prosecute people with a
6-month to 1-year jail term if they discriminate against others based on sexual
orientation.
On July 6, 2004, Turkish Parliamentary Justice Commission overruled prison
terms for ‘sexual orientation’ discrimination after Justice Minister
Cemil Cicek claimed that discrimination based on gender or sexual orientation
are the same things.
On September 15, 2004 representatives from Kaos GL, Lambda Istanbul and women
rights organizations, joined the first Parliamentary Session in reviewing new
Turkish Penal Code. The LGBT community demanded that the Justice Commission
put “discrimination based on sexual orientation” back into the
Penal Code draft (which did not happen).
Since that time, in order to explain the demands and worries of the LGBT people
about the new Turkish Penal Law, Kaos GL and Lambda Istanbul issued numerous
press statements and forwarded them to the members of the Justice Commission,
Turkish MEPs and the Turkish public.
What Will Happen if the Demands of Turkish LGBT People Are Not Realized?
ß Kaos GL has been publishing a political LGBT magazine since 1994. In
1999 during a trial about the magazine, the prosecutor decided the magazine was
harmful
to minors. This decision put Kaos GL Magazine into the same category as a pornographic
publication. Therefore, Kaos GL Magazine was sold in a covered envelope for
several months until the judge ruled in favor of the magazine. Will the Turkish
Justice Commission and the Parliament put the demands and thoughts of Turkish
LGBT people in an envelope again? Or, if that is not enough, will LGBT individuals
be put in prison?
ß
The current situation stigmatizes and demeans the existence of LGBT people
and finds their sexuality “immoral and unnatural”. Will the revision
of the laws produce more stigmatization and discrimination because LGBT individuals
are not legally considered?
ß In the work place, LGBT people are not hired, they face obstacles to
move up, or they are laid off because of their sexual orientation. Which law
or regulation
will protect LGBT employees from discrimination based on sexual orientation?
ß LGBT government officials are forced to deny their sexual orientation;
otherwise they risk termination of their contract with the government.
ß Lesbians face violence and oppression. They are forced to get married
or murdered because they are lesbians.
Turkish government officials claim that the penal code legislation was drafted
to increase rights and freedoms and bring the Turkish justice system in line
with European Union standards. What kind of freedom will the new Turkish Penal
Code bring if LGBT people’s voice is shut out? Their sexuality will be
stigmatized as something unnatural, their relationships won’t be recognized
and they’ll be fired from their jobs because of their identity.
Revision and harmonization of all Turkish laws or regulations pretend that
lesbians, gays, bisexuals and transgenders do not exist. This is both not based
on reality, but also not based on equality and justice.
PART 5 – TWO CASES REGARDING THE TRANSGENDERS IN TURKEY
Special Cases – Zeki Muren and Bulent Ersoy
There are two names that are well known to the Turkish public when the issue
is transsexuality: Bulent Ersoy and Zeki Muren.
These people are important because they are popular musicians accepted by the
Turkish society. They both raised questions of gender identity and sexual orientation,
the former by stretching the roles acceptable for male dress and behavior;
the latter by being open about her transgendered identity.
The “Ulker Street” Incident
Before 1980, there used to be a place called “copluk” (dumping
ground) in Taksim, Istanbul. Transgender people worked in the houses there.
On September 12, 1980, with the military coup, the “copluk” was
banned. Transgender people of that area began to look for brothels. They mostly
began to work on the streets, in their homes and clubs in Beyoglu, Istanbul.
These places, after some time, turned out to be insecure, leading them to find
safer places to live in. The Cihangir section has become the final destination
of transgender people. They mostly lived in Abanoz Street of Cihangir, until
they were forced to leave this street in late 1980s. Later on, they moved to
Ulker Street.
Ulker Street is located in Cihangir, Istanbul behind The Marmara Hotel. It
is estimated that about 70% of the transgender population used to live on that
street before an infamous police expulsion.
The operation took place during the HABITAT summit in 1996. The police, along
with the residents of the neighborhood, forced the transgender inhabitants
to leave their homes. The police forces led the operation with the support
of the inhabitants of Ulker Street and the media, who mostly spoke for the
ones with more power. The aim of the operation was to get rid of transgender
people. Although there was not one particular reason which started the operation,
the dominant elements were as follows:
ß Beyoglu was in the process of reconstruction (for the HABITAT summit)
ß Economic and political interests of various groups
ß
Dominant culture’s attitude towards sub-culture (leaving them out)
ß Not being able to solve the economic/social/biological/cultural problems
of transgender people (which lead to violation) and pretending that they did
not
exist.
One of the reasons of the forced removal was to make transgendered people’s
lives, which had become visible and accepted in the neighborhood, invisible
and non-existent for the HABITAT summit, an international gathering which would
bring Istanbul into the spotlight.
PART 6 - LGBT ISSUES IN TURKISH MEDIA
In this section, the Turkish media, concerning the LGBT issues, will be examined
in three stages.
In the first period, (early 80’s) the homosexual man, the “gay” was
something not fully understood. Gays were portrayed as a stereotype. A distinction
between a homosexual man and a transgender was not made. Anyone “not
normal” was considered to be homosexual.
The inside pages of the newspapers often used homosexuals as subjects to news
of “murder, perversity and immorality.” Homosexuality was shown
as an issue to entertain the public. This was also the period when AIDS became
known as a disease of homosexuals. AIDS was breaking news, along with homosexuality.
While this was the case in the first period, in the following period (1990’s)
the attitude of the media towards the LGBT people gradually began to change.
Despite the differences of their sexual orientation and gender identity, all
gay men (effeminate or not) and transgenders were considered as “homosexuals”.
In other words transgenderism meant homosexuality.
Lesbianism, on the other hand, was sometimes placed in the news, but this was
really rare. Other times, lesbianism was used as subjects for pornography.
The lesbians, gays and bisexuals were able to hide themselves from the public;
no-one cared what they were as long as they stayed in silence, but the transgenders
were visible to everyone. Whether they came out to the public or not did not
matter, the media could find them easily.
In 1994, Kaos GL Magazine, the first LGBT magazine of Turkey, was published.
Now, the LGBT population had begun to form its own organizations. Following
this The Independence (Hurriyet), the biggest newspapers in Turkey, began
to publish news about the LGBT community without altering them in order
to turn
them into subjects for entertainment for the public.
Starting in the early 2000s, the third period marks the beginning of a totally
changed attitude both by the media and the LGBT community in Turkey. The
LGBT people now choose not to run away and hide from the media. Instead,
they communicate
directly with the media to express themselves. The fight of the LGBT individual
may now be seen in the media, rather than the portrayal as a “pervert” or
a stereotype.
Today, things have changed drastically, compared to these three periods.
Now one can see gays and lesbians on TV, discussing their concerns and asking
for
their rights. Both the concepts and the terminology have changed: the “homoseksuel” or
the “homo” of the 80s has changed into “gey” or “escinsel”.
This suggests that the society’s point of view and the perception of
LGBT people have changed for both the media and the public.
PART 7- PROBLEMS OF LESBIANS IN TURKEY
The most important problem of lesbians living in Turkey is perhaps the difficulty
of coming out. Even though lesbianism (along with gays and transgenders)
is not considered a crime and not forbidden by law in Turkey, it’s very
hard to come out because of the fact that discrimination against sexual orientation
is not forbidden. During the discussions about the New Turkish Penal Law, the
LGBT organizations like Kaos GL and Lambda Istanbul made campaigns with feminist
organizations in order to make discrimination on the grounds of sexual orientation
a crime. Yet, the article making discrimination against sexual orientation
a crime has been removed from the draft by the instruction of the Minister
of Justice. Turkey still does not have any LGBT rights. (see “Part 4 –LGBT
Community’s Concerns About New Turkish Penal Code”)
Education and Work Life
In Turkey, because of some religious and cultural facts, the education level
of women is low compared to that of men. Since most women are not as educated,
The number of women who have a chance to have a career is less then men.
Unemployment rate is high in Turkey and men are more likely to occupy the
available jobs. By recent legal arrangements, obligatory education has been
extended
from five to eight years for both sexes. It is very hard for women who went
through only obligatory education to find a job. They can only find under-paid
jobs in metropolitan areas with almost no social security. Because only people
who had a prior job can benefit from unemployment insurance, women, who mostly
deal with housework or unregistered house oriented jobs, cannot access this
benefit. Even the women who have economical independence are not allowed
to live alone, without their families, unless they are married. Most women
are
forced to marry because of societal and economic pressure. Consequently many
lesbians are forced into marriage. There has been a recent case that can
give an idea of the degree of violence to which lesbians are exposed. In
that case,
a husband who killed his wife’s girlfriend, because of the fact that
she was a lesbian, was given a diminished punishment for “unjust provocation”.
Family and Psychiatry
Some lesbians who come out to their families are punished in several ways.
Some are not allowed even to go out and some families force them to go to
psychiatrists in order to be treated. Contrary to the acceptable professional
rules, some
of the psychiatrists accept homosexuality as an illness and try to rid gays
and lesbians of their sexual orientation. Kaos GL has some projects regarding
this issue and is currently providing workshops in order to raise the understanding
of psychiatrists regarding LGBT issues and to educate them that being a lesbian,
gay, bisexual or transgender is not an illness.
Government’s Attitude about Lesbians’ Problems
Turkish government provides neither positive programs to employ women, nor
shelters for lesbians who are subjected to violence. Although some women’s
shelters still exist, most have been closed due to financial problems.
Challenges in Work Life
Even working lesbians cannot come out in work places because the law does
not forbid discrimination against sexual orientation. Being a lesbian is
not forbidden
by law but there are some articles in labor laws which allow the employees
to fire people based on immorality. If a person is fired because of the fact
that she/he is gay, the employee can claim that she/he has a right to fire
the worker because she/he leads an immoral life.
In such a case, only the judge who works on that particular case can decide
if that person’s life-style is immoral or not. At this time, there is
no sample case. It is unknown what would happen if such a case occurs. If the
judge is influenced by the pressure of religious and cultural beliefs that
being a lesbian, gay, bisexual or transgender is immoral, she/he can arrive
at a decision that it is an immoral act. If such a decision is approved by
the Supreme Court, then that decision will become a rule of legal argument.
Due to such pressures, most LGBT workers don’t come out at their work
places. This enhances the problem of invisibility and thus delays social
transformation.
In a sample case in 1996, the Supreme Court decided to give the custody (guardianship)
of a child to the father, because the mother was a lesbian who was accused
of leading an immoral life.
Religion and Women’s Status in Community
One of the reasons that make coming out a major challenge is religion. In
Islam, homosexuality, as well as premarital sex, is a sin. Because of these
facts,
women’s sexuality is rarely spoken in families and community.
The prevailing culture in Turkey is based on fear of women’s sexuality
which forces them to live with men. That is why it is very hard for a woman
to accept herself as a lesbian and to build a lesbian life. Women in Turkey
represent the “honor” of their families and community. Sometimes,
even women living alone are regarded as prostitutes. Women do not feel safe
when walking in the street or sometimes in their homes. The community does
not allow women to form self-confidence. They are expected to obey men, their
families and community. Maybe the most important problem in Turkey is that
a person is seen as a woman or man, well before being seen as a human being.
Gender roles have an enormous pressure on individuals, especially on women.
Under such circumstances, lesbians are exposed to discrimination for both
their gender and sexual orientation.
Distortion and Ignorance of Mainstream Media
Turkish mainstream media mentions LGBT issues but they mostly mention male
homosexuality and not lesbianism. Mainstream media systematically presents
male homosexuality as a marginal phenomenon which belongs to only famous
people and artists. The visible lesbians in Turkey mostly belong to upper
socio-economic
and cultural classes because their economic freedom allows them to be out.
That’s why lesbians who belong to lower socio-economic and cultural
classes are rarely visible and not reflected in the media at all. As a consequence,
lesbianism is considered to be an upper class phenomenon.
The political struggles and campaigns lesbian women pursue are not mentioned
in mainstream media, unless they are distorted, because they are not seen
as popular news. Media tries to represent lesbianism as a marginal phenomenon
and this makes it impossible for lesbians to find role models.
Deficiencies in Consciousness Raising and Solutions:
The feminist movement is not strong enough in Turkey and the government does
not support it. Women are not conscious enough about feminism; thus their
awareness of lesbianism is very limited.
Unfortunately there are Woman Studies Programs only in five universities
in Turkey. The lesbian and heterosexual women attending Woman Studies Programs
are more conscious about lesbianism. LGBT people think that supporting such
studies will contribute much to awareness-raising of a larger community.
Although it would be useful to make the necessary legal arrangements for
LGBT rights, active promotion of women’s independence, by empowering
them economically, socially and culturally is as important as providing legal
rights.