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. 37

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