NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
5. The Institution does not perform any activity for monitoring the implementation of
international human rights conventions.
6. It is observed that a conservative point of view is prominent in the Institution and it
moves away from the principle of universality of human rights.
7. The Institution's activities against some international conventions such as the Istanbul Convention are explicitly contrary to the requirements of "promoting and
ensuring the harmonization of national legislation, regulations and practices with
the international human rights instruments to which the State is a party, and their
effective implementation" as set forth in the Paris Principles and "carrying out the
activities of an equality institution based on the relevant international or national
legal framework, standards, and case law" as specified in ECRI GPT2.
8. The Institution does not contribute to the preparation of the reports that must be
submitted by the state to the examination, monitoring and inspection mechanisms
established as per international human rights conventions.
9. The Institution does not perform any activity intended for monitoring and evaluating problems concerning the enforcement of judicial verdicts on the violations of
non-discrimination.
10. The strategic plan drawn up by the Institution in 2018 was not shared with the public
as of July 31, 2020. Limited statements by the Institution regarding this plan show
that the aims and objectives identified are expressed in very general terms and prove
to be insufficient.
B- Composition of TIHEK and Guarantees of Its Independence and
Pluralism
Legislation
1. All members of TIHEK Board are appointed by the President and based on a process
that is not transparent.
2. Procedure of appointment for the members of TIHEK Board does not enshrine pluralism and diversity and CSOs are completely left outside the process of selection for
the members.
3. The qualifications prescribed for being a member of TIHEK Board are not objective
and no expertise is envisaged for membership.
4. Term of office for the members of TIHEK Board is indefinite.
5. Members of TIHEK Board do not have sufficient guarantee, criminal and legal immunity.
6. Carrying out an investigation for the Chairman and members of the Board is subject
to the permission of the President or the minister to be assigned thereby.
7. As the Institution is prescribed to be associated with the minister to be assigned by
the President, it is totally dependent on the executive body in a way to eliminate its
independence.
8. Although it is regulated that TIHEK Board will act independently and no body, authority, organ or person will give orders or instructions to the Board or indoctrinate
it, no sanction is prescribed for any action to the contrary.
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