NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY The issue of independence creates a relatively contradictory situation for equality institutions in theory. The requirement of independence for the institution despite its duties, authorities and financial resources being set by the state symbolizes this conflict.52 Independence of equality institutions means the autonomous operation of such institutions without any intervention by any real or legal person other than the institution or public bodies. Independence requires the possession of sufficient financial resources annually set by the legislative body for the effective fulfillment of its duties and responsibilities, the announcement of its opinions to the public and independence from the executive body and government in terms of using its financial resources and selecting its own personnel. The procedures intended for the appointment and dismissal of members of the institution also constitute a subject that can be evaluated in this context, but this issue will not be covered in this section as it is covered under a separate heading above. After assuring the independence of the institution on the aforementioned matters, whether or not the institution is affiliated to the executive or legislative body has secondary importance.53 However, considering that the equality institution is also authorized to review the acts and actions of the government, it is more appropriate that it is affiliated to the legislative body the actions of which are not reviewed by the institution rather than the executive body.54 However, affiliation to the legislative body is limited to the appointment and dismissal of the members of the institution. Prescription of qualified majority during the process of appointment will ensure the minimization of political pressure. Apart from this, it is also recommended that the term of office of the members of the institution be different from that of the parliament.55 Another bond with the legislative body is the introduction of an obligation for institutions to submit reports to the legislative body at certain intervals. This does not pose any problem with regard to independence, either. In fact, it makes it possible to present legislative amendment proposals to the attention of the legislative body.56 However, content of the report must be determined by the institution and be submitted directly to the legislative body. The aforementioned matters will pave the way for the institutional independence and autonomy of the institution from legislative, executive and judicial bodies to a great extent. Independence does not mean the absence of any bond with the state, but the legal definition of the bond with legislative, executive and judicial bodies and the independent fulfillment of its duty in this respect.57 Emphasis on legal arrangement points to matters such as the failure to easily change the legal status of the institution, allowing for the discussion of such attempt at the legislative body and enabling various actors within the country or at international level to contribute to the relevant process.58 The manual prepared by the UN on national human rights institutions draws attention to four topics on independence. These topics are independence through operational autonomy, independence through financial autonomy, independence through the 52 Smith, p. 912. 53 Andrea Krizsan, “Ombudsmen and Similar Institutions for Protection against Racial and Ethnic Discrimination”, European Yearbook of Minority Issues, Vol. 4, Martinus Nijhoff Publishers, Leiden, Boston, 2006, p. 171. 54 Roy Gregory, “Building an Ombudsman Scheme: Statutory Provisions and Operating Practises”, The International Ombudsman Anthology, Linda C. Reif (ed.), Kluwer Law International, The Netherlands, 1999, p. 136. 55 Kucsko-Stadlmayer, p. 10. 56 For the various functions of the legislative body's obligation of submitting reports, see Kucsko-Stadlmayer, p. 48. 57 National Human Rights Institutions, p. 10, para. 68. 58 Smith, p. 914. 29