NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
4. TIHEK and Cooperation with CSOs
International standards establish that the cooperation of equality institutions with CSOs
engaging in fight against discrimination is of great importance. TIHEK Law stipulates
that the institution can cooperate with CSOs in more than one instance. Article 9(1)
(n) provides that one of the duties of the Institution is to cooperate with CSOs dealing
with fight against discrimination. As per Article 9(1)(ö) of TIHEK Law, it is necessary to
benefit from CSOs while monitoring the implementation of international human rights
conventions, to which Turkey is a party, and preparing the reports that must be submitted by Turkey to the examination, monitoring and inspection mechanisms established
as per these conventions. Article 14(4) ascertains that the Institution can establish temporary commissions standing for a maximum period of one year with the participation
of CSOs in order to engage in activities on the subjects falling under its mandate. As per
Article 22, an advisory committee can be formed with the participation of CSOs so as to
discuss problems on non-discrimination as well as solution suggestions and exchange
information and views on these matters and besides, consultation meetings can be held
by the Institution with the participation of CSOs at the headquarters and in provinces
to discuss human rights problems and exchange information and views on the subjects
of human rights. Finally, Article 19(3) of TIHEK Law provides that a delegation can be
formed with the participation of representatives from relevant institutions and organizations under the presidency of the Institution personnel to be designated by the Chairman so as to conduct on-the-spot examinations and inspections on the subjects falling
under the mandate of the Institution. In this case, if CSOs are to be a part of delegations,
such CSOs will be designated by the Chairman. Before Article 10(2) was amended by
the DL No. 703, it was possible for CSOs to nominate candidates for seven members of
the Board while it was abolished by the amendment.
As can be seen, there are a series of provisions regarding cooperation with CSOs in
TIHEK Law. Although the dimensions of cooperation with CSOs are considered as comprehensive, the Law does not stipulate how many CSOs can be a part of these activities
and how these CSOs will be designated and the Institution is granted wide discretion over
this matter. Article 87(3) of the Regulation on Procedures and Principles for the Implementation of the Law on the Human Rights and Equality Institution of Turkey79 (Hereinafter
referred to as "TIHEK Regulation" or "Regulation") provides that the Board is authorized
to identify which CSOs will send representatives to the advisory committee as well as the
number of members within the committee. In designating the members of the committee,
priority will be given to those who have theoretical or practical studies on issues related
to the field of activity of the Institution. As can be seen, the criterion stipulated for designating CSOs is far from being objective. Article 90(1) of TIHEK Regulation stipulates that
the Advisory Committee must normally convene twice a year (every six months) but only
two advisory committee meetings have been held up to now and no information has been
provided on the representatives of CSOs attending those meetings.80 The aforementioned
criterion is also prescribed for the advisory committee meetings to be held in Ankara and
other provinces as per Article 91(3) of TIHEK Regulation.
79 Regulation on Procedures and Principles for the Implementation of the Law on the Human Rights and Equality Institution of
Turkey, Official Gazette No. 30250 of November 24, 2017.
80 TIHEK, “Meeting of the Consultation Commission on Fight Against Discrimination Held”, October 22, 2018, https://www.tihek.
gov.tr/ayrimcilikla-mucadele-istisare-komisyonu-toplantisi-gerceklestirildi/ (accessed: July 31, 2020). TIHEK, 2019 Activity Report, p. 68.
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