In the policy text written by Arno Kalaycı entitled "Narrow Choice - Regulation on the Election of Minority Foundations in the Light of Human Rights Principles", it is stated that the new regulation, which entered into force on June 18, 2022 after long obstructions, has brought the existing problems into the present and confronted the minorities with new interventions, problems and impositions instead of providing an effective solution.
The Principles established by the Constitutional Court have not been considered in the regulation
It was also stated that the principles established by the Human Rights Committee, the European Court of Human Rights (ECHR) and other international human rights mechanisms, as well as the Constitutional Court, were not considered when drafting the regulation and the regulations made.
"Critical and already known problems such as the electoral constituency, the residence requirement for candidacy and voting, the designation of electoral organization committees by the incumbent board, and the non-interference of the electoral bureaucracy in the freedom of association were regulated in a way that contradicts the demands and needs."
Minority communities could not be included in the process
The study highlighted that the new regulation was not prepared as part of a process that involved various social segments of minority communities as stakeholders.
Although the text contains chronological information about the preparation process of the regulation, the necessary transparency and participation were not present in the preparation process of the regulation, and the preparation process of the regulation, which is the subject of administrative law, was politicized. It was found that the administrative institutions were inadequate in preparing the regulation and ensuring the effective use of rights, and minorities had to make efforts to make their voices heard by politicians.
The policy text examines Turkey's national and international obligations regarding minority foundations, focusing on the collective dimension of freedom of association, religion, and belief, and offers suggestions for ending rights violations.
"Restrictive control mechanisms should be abolished"
The policy text also lists steps that must be taken urgently to counter the effects of critical interference with the collective dimension of minorities' freedom of association and religion or belief.
- Accession to the Council of Europe Convention for the Protection of National Minorities and the lifting of reservations in other international conventions should occur.
- Obstacles to the freedom of association, religion or belief of minorities in national law should be removed.
- The necessary legal arrangements should be made with the broad participation of minorities so that minorities can acquire legal personality and exercise their right to freedom in their internal affairs equally and effectively.
- Measures should be taken to ensure de facto equality. In this context, a share of the public budget should be allocated to minority institutions, especially foundations with schools and places of worship.
- Selective and discriminatory interventions regarding constituency, candidacy, and electoral districts contained in the ordinance should be ended, and an ordinance should be enacted to allow all minority foundations to hold elections throughout the province. The restrictive control mechanisms should be abolished and democratic elections should be guaranteed.
- Article 25, which postpones elections of boards of directors of foundations with hospitals, should be repealed.
- Fundamental steps should be taken to allow the judiciary to function effectively with respect to minority rights.
What has happened?
Elections to the boards of minority foundations in Turkey have been blocked by the government for nearly a decade. After regulations governing the elections were repealed in 2013, the General Directorate of Foundations (VGM) stopped allowing elections until a new regulation was issued.
The problem posed by this situation was described in the policy text as follows;
"The function of these foundations, which form the basis of the internal organization of their societies, is not limited to the administration of real estates. These foundations manage places of worship, cemeteries, and other religious institutions belonging to minorities, as well as schools, hospitals, nursing homes, orphanages, and other institutions of social assistance. While ensuring the organization of the internal affairs of their societies, on the other hand, they enable the active participation of minorities in social life through elections. Therefore, the ten-year administrative obstruction has greatly affected the democratic functioning of the foundations, the services provided by the foundations, the active participation of minorities in the internal affairs of the societies, and thus their internal dynamics."