According to the UN Human Rights Council calendar, Turkey will be reviewed together with 13 other states at the 49th session of the EPI Working Group in April-May 2025.
In the written contribution, it was pointed out that although the current regulations provide the legal basis by providing minimum guarantees for freedom of association, there are still very strict practises that prevent the exercise of freedom of association. It was noted that the prison sentences provided for in the Law on Associations are a clear expression of this situation and it was emphasised that the fundamental problem in regulating the right to freedom of association in Turkey is a complex legal and administrative structure.
A double margin of discretion is created for the public administration
While the written submission stated that excessive regulations create a double discretion with discriminatory consequences for the public administration, it stated that "privileged statuses have been created that provide exemption from some of the excessive regulations or access to additional benefits that other organisations do not have access to."
The paper noted that there is no framework for participation in public decision-making processes, leaving many consultation mechanisms entirely to the initiative of the administrators of these institutions. It was noted that this situation excludes rights-based, autonomous and/or oppositional organisations and organisations working on sensitive issues such as LGBTI+ organisations.
Obstacles draw CSOs into an atmosphere of self-censorship
The article noted that the obstacles to freedom of association are dragging CSOs into an atmosphere of self-censorship. At the same time, it was noted that the fact that governors ban events for various reasons or make statements that they cannot guarantee the safety of participants in these events increases the climate of fear for civil society organisations.
The article reads as follows:
"In terms of freedom of association, legal regulations in Turkey have evolved into mechanisms that suppress and control the activities of civil society organisations. By not acting in accordance with national and international laws and regulations, the principle of legality is disregarded by the public authorities. By fragmenting the grounds for the existence and activities of civil society organisations, the laws are implemented arbitrarily on the basis of the wide discretionary power of the authorities within the framework of suppression and control."
The provisions on freedom of association should be extended
The recommendation section of the report emphasises that the constitution's provisions on freedom of association should be expanded and a framework law should be developed to ensure meaningful participation of civil society in political decision-making processes outside of elections, with a process that is inclusive and non-discriminatory, takes into account the principle of accountability for all, is transparent and provides access to information.
What is the Universal Periodic Review?
The UN Human Rights Council periodically reviews how each of the 193 member states of the United Nations fulfils its human rights obligations and commitments through the Universal Periodic Review (UPR) mechanism. The country review is based on the national report prepared by the country, the report prepared by the United Nations High Commissioner for Human Rights (UNHCR) and reports from other stakeholders (including civil society).
You can consult the written contribution in the attached document.