NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
9. If the Institution wishes to open an office outside Ankara, the authority to decide on
this issue rests with the President.
10. Working procedures and principles of the service units and offices under the Institution will be set out through a regulation to be put into force by the President.
11. Although the budget of the Institution is set through the budget proposal approved by
GNAT, the authority to propose budget acts rests with the President as per the Constitution and thus, the budget of the institution is actually set by the executive body.
Implementation
1. TIHEK Board does not have any pluralistic structure. Members are completely distant from reflecting social diversity, and its member composition is completely contrary to gender equality. It is observed that the distribution of employees of the Institution is not balanced in terms of gender equality and the number of male personnel
is much higher than that of female personnel (74-46 for 2019).
2. Experience of the members of TIHEK Board is little if any with regard to human
rights, non-discrimination and civil society. Nearly half of its members do not have
any experience on the aforementioned areas.
3. Member composition of TIHEK Board is quite inadequate in terms of fulfilling the
duties it undertakes.
4. The Institution does not have adequate working space, budget and employees.
C- TIHEK's Methods of Operation
Legislation
1. The sanction (administrative fine) imposed in the event that relevant persons fail to
provide within thirty days the information and documents requested by the Institution with regard to its area of investigation and review by specifying the justification
thereof is quite ineffective and there is no provision allowing for filing a criminal
complaint on the persons and institutions that fail to provide the requested information and documents.
2. Not all resolutions of TIHEK Board can be published, but only the resolutions "deemed
necessary" by the Board can be published.
3. TIHEK Law does not stipulate any minimum period with regard to the meeting interval of the Board.
4. TIHEK Law does not contain any provision meeting the requirement of ensuring a
regular and effective coordination among the authorities competent in the field of
fight against discrimination.
5. The Board can express opinions to public institutions and organizations with regard
to its mandate only upon request.
6. Although it is possible for the Institution to cooperate with CSOs in many areas as
per TIHEK Law, there is no provision on how to identify these CSOs. The criterion
prescribed in the provision of TIHEK Regulation on this subject is distant from being
objective.
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