Fundamental Rights for Democracy: Freedom of Association and the Right to Peaceful Assembly
The transition from March to November last year offered a glimpse into what was to come. The local elections in Türkiye hinted at the emergence of new dynamics in our domestic political life, while the U.S. elections in November appeared to signal global upheaval.
While the people of Palestine in the Gaza Strip continue to suffer brutal attacks that amount to genocide, Israel’s assaults on Iran have started to clarify what might unfold in our region. The alliance of the U.S., UK, and Israel revealed a highly controversial new "venture" in the so-called “Western front,” just as the trustee (kayyum) appointments were once again being implemented in Türkiye in a “controlled” manner. As the year drew to a close, debates around the “right to hope” began to occupy the other end of the spectrum. Under the shadow of Trump's electoral victory, a new period began in Syria—marked more by fear and anxiety than by hope. The whirlwind of arbitrary measures dubbed “shock therapy,” reminiscent of the 1990s and implemented immediately upon Trump’s assumption of office, deeply impacted not only global aid programs but also humanitarian and civil society efforts across the world, such as the abrupt halting of foreign assistance.
As everything moved at dizzying speed and people trying to understand the world were swept into “big picture” analyses, the real owners of the picture—those who had been unseen by the big picture—began to take the stage. It became clear that what the “big picture” overlooks may be more important than the “big picture” itself.
Today, across many regions, citizens whose fundamental rights and living conditions are being eroded are taking to the streets to show that countries are more than just the policies of their governments.
One of the most current examples is Serbia, which has witnessed widespread protests for some time. Anti-war protests persist in Russia, while farmers in India have also mobilized in large numbers. Closer to home, in Iran, the death of Mahsa Amini—detained for defying the mandatory headscarf rule—sparked mass protests, with millions taking to the streets to voice their demands to the government. Demonstrations still take place periodically across Iran. In the U.S., protests have once again erupted over the weekend. All of these examples underscore that the struggle for rights continues across the globe.
And our country is no different…
Following the arrest of Turkish Union of Municipalities and Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu, along with the district mayors of Şişli and Beylikdüzü on March 19, widespread public outcry erupted across Türkiye. Many people, believing the decision to be unlawful, gathered in various cities to voice their objections peacefully.
However, citizens exercising their constitutional rights were met with disproportionate police force. During the protests, 301 young people were detained, with allegations of violence, harassment, and mistreatment surfacing.
Reactions have not been confined to the streets—many individuals and groups responded through other means, such as boycotting institutions or discontinuing the use of certain products and services.
Choosing to distance oneself economically or socially from a person or institution is a legitimate expression of freedom of expression and association. Yet we are now seeing investigations opened against individuals for supporting boycotts—a powerful form of peaceful protest.
We have also translated and visualized the briefing note published in November 2014 by Maina Kiai, the former UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association. You can access it here.
In many places these days, citizens, whose basic rights and living conditions are being destroyed, are taking to the streets to show that countries are more than the policies of the governments that rule them. While the agenda is so hot, we think it is important to remember our rights, which are being made to be forgotten, again and again and to defend them loudly. Let us remember together our fundamental rights guaranteed by both our Constitution and the international conventions to which Turkey is a party.
Our Right to Freedom of Association in 5 Points
1. Freedom of assembly, expression, and association is a constitutional right!
The ability of individuals, communities, informal groups, or legal entities to come together, express their opinions, share their demands, and participate in democratic processes forms the bedrock of a pluralistic society.
These rights—enshrined in both national law and international conventions—are fundamental human rights.
The right to peaceful assembly is a key tool for citizens to participate in policymaking processes, and states are obliged to protect this right. Especially in peaceful protests against public policies, states have a responsibility to safeguard individual freedoms.
“Everyone has the right to freedom of peaceful assembly and association.”
— Universal Declaration of Human Rights, Article 20
2. The right to organize demonstrations and public meetings is constitutional!
Freedom of association cannot be fully realized without the right to hold demonstrations. Peaceful gatherings are critical means for citizens to express their grievances and influence public policy. The Constitution of the Republic of Türkiye explicitly affirms this right:
“Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission.”
— Constitution of Türkiye, Article 34
3. Freedom of expression is constitutionally guaranteed!
Since March 19, numerous social media accounts criticizing the arrest of Ekrem İmamoğlu have been blocked by court orders. The Information and Communication Technologies Authority (BTK) has requested access bans on over 700 X (formerly Twitter) accounts, including those of civil society organizations. Several accounts, including media outlets, remain blocked.
Yet freedom of expression is a fundamental right encompassing the ability to express opinions, disseminate them, and access information.
“Everyone has the right to express and disseminate his thoughts and opinions by speech, in writing or in pictures or through other media.”
— Constitution of Türkiye, Article 26
4. Without press freedom, freedom of association is incomplete!
Press freedom safeguards not only journalists but also the public’s right to information. In democratic societies, the press plays a vital role in exposing rights violations and amplifying the voices of social movements. After March 19, numerous journalists were detained and many faced police violence while covering events.
“The press is free, and shall not be censored.”
— Constitution of Türkiye, Article 28
5. The state is obligated to protect freedom of association and assembly!
According to Article 5 of the Constitution, which defines the “fundamental aims and duties of the state,” the state has a positive obligation to protect, fulfill, and advance the freedoms of association and assembly. Failure to notify a protest properly does not nullify this right. On the contrary, the state must facilitate peaceful assemblies.
