Initiative picks up momentum with new rights reforms

The government plans to establish a human rights institution and a commission on combating discrimination and strengthen legal measures to combat hate crimes.

The government has concluded that the Prime Ministry's Human Rights Directorate is not addressing human rights issues efficiently. The Prime Ministry, in a statement made after a Cabinet meeting in May, announced that a separate human rights institution would be created. However, steps were not taken to establish the institution at the time because of opposition from civil society organizations. The government decided to take action on this matter after announcing its Kurdish initiative. Interior Minister Beşir Atalay plans to ensure that the projected human rights institution is established in 2010.

The human rights institution will include representatives from universities, human rights organizations, bar associations and other civil society actors and will operate a separate commission on combating discrimination. The institution will function independently and will be headed by an elected president, who will be appointed upon a recommendation from the prime minister and with the final approval of the president. The human rights institution will also have a separate secretariat and staff. The projected system will be supervised by a central institution and include liaison offices in every district and province; the liaison offices will be connected online to make sure that the system will be free of pressure. The human rights offices will hold roundtable meetings with local residents to identify cases of discrimination.

All institutions and organizations whose statutes and charters include provisions on and references to human rights will have a right to representation in the human rights offices to be created by the government.

A substantial number of civil society organizations are wary of the creation of the human rights institution. Their cautious approach is mostly due to the fact that the government failed to consult with them while devising its plan. The previous draft prepared by government officials provided that the local liaison offices would include at least three civil society organizations as representatives; however, civil society actors said it would not be possible to meet this requirement in most districts because there are not enough civil society organizations focusing on human rights issues. Civil society actors also demand that the projected human rights institution be financially independent, that its members be protected, that the procedures for the appointment and removal of officers in the institution be publicized, that the right to conduct unlimited and unplanned visits to state institutions be recognized and that it be given the right to make recommendations to the National Security Council (MGK). The government agrees that the human rights institution should be independent, but argues that the executive branch should be represented in the institution. Human rights organizations argue that the government representative should not be entitled to cast a vote in the meetings of the institution.

International inspections to prevent torture

The government will withdraw its reservations to the Optional Protocol to the UN Convention Against Torture. Despite signing the optional protocol, opened for signature in 2005, on Sept. 4, 2005, Turkey did not proceed with ratification. The government has recently referred the protocol to Parliament for ratification amid ongoing discussions on the Kurdish initiative.

With this move, the government seeks to create a system allowing inspection of detention centers by international and national bodies in an attempt to put an end to torture and other inhumane, cruel and humiliating conduct. Eager to pursue a zero-tolerance policy vis-à-vis torture, the government has agreed to international supervision.

Speaking to Today’s Zaman, Burhan Kuzu, chairman of Parliament’s Constitution Commission, said the commission on combating discrimination will take shape in accordance with the Paris Principles and that the commission will address all cases involving hate crimes and will also defend the rights of subjects victimized by these offenses. Reports prepared by the commission will be reviewed and assessed by the human rights institution; the findings of the institution will be further referred to the government. The Paris Principles, which relate to the status of national institutions for the promotion and protection of human rights, entered into force on Dec. 20, 1993; these principles were recommended by the Council of Europe to its member states on Sept. 30, 1997. Turkey will take a bright and brave step toward EU membership by aligning itself with these principles.

Hate crimes to be monitored

With the establishment of the commission, the government will not insert a separate section on hate crimes in the criminal code. The political administration will introduce measures to make sure that sanctions against violent offenses involving prejudices and stereotypes against a certain group, race or gender are properly implemented. The government believes problems arise from a lack of implementation of measures included in legislative instruments prohibiting discrimination. The projected commission on combating discrimination will address these problems and make sure that these measures are properly observed in relevant cases.