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Freedom of association in Turkey |
RECOMMENDATIONS
The Turkish government is called upon to:
1. With regard to the political, democratic and human rights situation
- Act in conformity with the provisions of the International Covenant on Civil and Political Rights and the norms and principles set forth in the other international instruments on human rights ratified by Turkey, and to take into account the relevant jurisprudence of the United Nations Committee on Human Rights;
- Ratify the following human rights instruments :
- Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms that pertains to the general prohibition of discrimination on the part of public authorities
- The First Optional Protocol to the International Covenant on Civil and Political Rights
- The Optional Protocol to the United Nations Convention against Torture
- The United Nations Convention on the Rights of Disabled People (signed by Turkey)
- Amend the Law on foundations to bring it in line with international norms on the freedom of association as set forth in the human rights instruments of the United Nations and the Council of Europe.
- Eliminate all forms of discrimination based on, inter alia, gender, race, language, religion, political opinions sexual orientations or membership to a national minority in all matters pertaining to the organizations of civil society; set up an adequate complaint mechanism.
- Strive to find a permanent solution that would resolve the Kurdish question in a peaceful manner.
2. With regard to the laws and practices pertaining to associations and civil society organizations
- Eliminate all distinctions between associations and general interest associations.
Formation and Incorporation
- Reduce from seven to two the number of founding members required to form an association.
Organization and Operation
- Abolish the legal framework at the base of discrimination pertaining to the language in the workplace;
- Withdraw from the government the capacity to control the decision process on the organization of associations.
Funding and Taxation
- Abolish the heavy penalties provided for in the Law on associations;
- Lift all restrictions on the fund-raising activities of associations;
- Allow greater freedom to associations on the use of foreign funds.
3. With regard to the climate required for the sustainable development of civil society
- Ensure, by way of an adequate consultation system, the participation of associations to the decision-making process on policies of public interest;
- Ensure the enjoyment by association of the freedom of expression, a component of their associative freedom.
