Draft Law on the Human Rights Institution of Turkey (Opinion of Our Center)

The following text is the draft law for the Human Rights Institution of Turkey, revised by the Maltepe University Human Rights Center and the Ankara Bar Association Human Rights Center to ensure compliance with the Paris Principles. It was presented by Prof. Dr. İoanna Kuçuradi at the meeting of the Turkish Grand National Assembly (TBMM) Human Rights Investigation Commission on April 25, 2012.

Purpose, Scope, and Definitions

ARTICLE 1- (1) The purpose of this Law is to ensure the protection and development of human rights in Turkey. (2) This Law encompasses the establishment of the Human Rights Institution of Turkey, along with the principles regarding its organization, duties, and authorities. (3) In this Law: a) Institution refers to the Human Rights Institution of Turkey, b) Board refers to the Human Rights Board of Turkey, c) National Committees refer to the Committee on the Fight Against Racism, Sexism, and Discrimination and for Equality; the Committee for the Prevention of Human Rights Violations and Research of Violation Allegations; the Committee on Asylum Seeker Problems and the Fight Against Human Trafficking; the Committee for Monitoring the Compliance of Legislation with Human Rights; the Human Rights Education Committee; and the Bioethics Committee, ç) Administrative Units refer to the General Secretariat, the Legal Unit, the External Relations and Project Unit, the Media and Public Relations Unit, the Information and Documentation Unit, the Personnel Unit, and the Administrative and Financial Affairs Unit.

Establishment and Duties

ARTICLE 2- (1) To fulfill the duties and exercise the authorities granted by this Law and other relevant legislation, the Human Rights Institution of Turkey has been established as a public legal entity, possessing administrative and financial autonomy regarding its functions, and maintaining a private budget. The headquarters of the Institution is in Ankara. The Human Rights Board of Turkey is the decision-making organ of the Institution. (2) The Institution is authorized and tasked with monitoring and evaluating developments in the field of human rights; forming opinions and reporting them to relevant authorities; conducting work toward the resolution of problems; examining and researching complaints and applications and following up on their results; and performing all kinds of activities directed toward the protection, development, and prevention of violations of human rights. (3) The Institution may open offices domestically and abroad when necessary. (4) The Institution fulfills its duties and exercises its authorities granted by this Law and other legislation independently, under its own responsibility. No organ, authority, office, or person may issue orders or instructions to the Board or Institution employees regarding matters within its field of duty. (5) The Institution informs the public to the maximum extent regarding its activities through the internet, official bulletins, and press and media organs. (6) The Institution may issue administrative regulations on matters already regulated by law that fall within its field of duty, authority, and responsibility. (7) The Institution may purchase services for temporary tasks or those requiring specific expertise. (8) The revenues of the Institution consist of: a) Appropriations to be provided from the general budget. b) All kinds of donations, aid, and bequests made to the Institution. c) Revenues obtained from the appraisal of Institution assets. d) Other revenues.

Human Rights Board of Turkey

ARTICLE 3- (1) The Board consists of five members known for their human rights work at national and international levels and for their intellectual and ethical independence; the chairpersons of the national committees within the Institution; the Chairperson of the TBMM Human Rights Investigation Commission; and the Ombudsman, if one exists. The Board elects its chairperson and deputy chairperson from among its own members. (2) To be eligible for Board membership, one must: a) Not have served in the management or audit organs of any political party, or have resigned from such positions, b) Be at least a university graduate, c) Have distinguished themselves through their work in the field of human rights and have proven their intellectual and ethical independence through their life to date. (3) The five individuals mentioned in the first paragraph are selected by the Prime Minister from among candidates nominated by non-governmental organizations known for their work in the field of human rights for more than ten years, the Union of Turkish Bar Associations, the Turkish Medical Association, and human rights centers affiliated with universities. (4) Care shall be taken to ensure that the nominating non-governmental organizations are selected in a pluralistic manner. (5) The term of office for members is four years. Those whose terms expire may be re-elected for a maximum of one additional term. (6) In the event that a member’s term ends for any reason before its completion, the situation shall be announced to the public by the Board within at most one week from the date of termination, and a new member shall be selected within one month following the announcement according to the method specified in the third paragraph. Those selected in this manner complete the remaining term of the person they replace. For those serving two years or less, this duty shall not be considered a full term of election. (7) Members cannot be removed from office for any reason before their terms expire. However, the memberships of those found by the Board to not meet or to have lost the conditions required for their election shall be terminated. (8) The membership of those who do not attend a total of three Board meetings within a calendar year without a reason acceptable to the Board, or who are determined by a medical board report to be unable to perform their duties due to severe illness or disability, shall lapse. (9) Members are subject to the Law on Declaration of Property and the Fight Against Bribery and Corruption (No. 3628). The Chairperson and members shall submit a property declaration within one month from the date they start and end their duties. (10) Board members and Institution personnel may not disclose confidential information, personal data, or confidential documents belonging to the public, relevant parties, or third parties acquired during the performance of their duties to anyone other than legally authorized authorities, nor may they use them for their own or third parties' benefit. This obligation continues after they leave office.

Duties, Authorities, and Working Principles of the Board

ARTICLE 4- (1) In addition to the duties specified in this Law and other legislation, the Board performs the following duties and exercises the following authorities: a) To establish national committees such as the Committee on the Fight Against Racism, Sexism, and Discrimination and for Equality, the Committee for the Prevention of Human Rights Violations and Research of Violation Allegations, the Committee on Asylum Seeker Problems and the Fight Against Human Trafficking, the Committee for Monitoring the Compliance of Legislation with Human Rights, the Human Rights Education Committee, the Bioethics Committee, and similar committees required to carry out its duties and work, and to determine the working conditions, duties, and authorities of these committees through a regulation; b) To examine, decide upon, and report to relevant authorities the reports and similar work prepared by Board members, national committees, and administrative units; c) To prepare the work program and ensure the coordination of activities; ç) To examine, research, and evaluate all kinds of human rights violation allegations upon application or by its own decision; to report the results to the relevant person, institution, and organizations and follow up; to take initiatives for the initiation of legal proceedings against those found responsible and follow up until the final judgment stage if necessary; d) To examine applications and direct them to the relevant committee; if the subject concerns more than one committee, to either obtain the views of all or to form an ad hoc committee consisting of one member from each relevant committee and make a decision based on its opinion; e) To conduct all kinds of work and interventions to ensure the prevention of torture and other cruel, inhuman, or degrading treatment or punishment; f) To carry out regular and unannounced visits to places where persons are deprived of their liberty or are under protection, to convey the reports regarding these visits to the relevant institutions and organizations, and to disclose them to the public if deemed necessary by the Board; to examine and evaluate reports regarding visits carried out by prison and detention house monitoring boards and other persons, institutions, and organizations to such places; g) To provide all kinds of assistance to those who have suffered human rights violations and discrimination; ğ) To provide opinions to judicial organs upon request; h) To monitor the proper implementation of judicial decisions related to human rights; ı) To monitor the implementation of international human rights conventions to which Turkey is a party. To provide opinions during the preparation of reports that the State is obliged to submit to the examination, monitoring, and auditing mechanisms established by these conventions, utilizing relevant non-governmental organizations, and to participate in international meetings where these reports will be presented; i) To decide on the Institution establishing bilateral and multilateral relations with other countries' national or international institutions operating in the field of human rights and discrimination; to decide on cooperation and joint activities with the United Nations and regional human rights organizations; j) To decide on the Institution becoming a member of international unions operating in its field or on Turkey being represented in these organizations; k) To prepare annual reports evaluating problems and developments in the field of human rights and the work of public institutions and organizations in this field, to publish them, and to submit them to relevant persons and organizations, primarily the Presidency, the TBMM Presidency, and the Council of Ministers; to prepare and publish special reports on the field of human rights if deemed necessary, in addition to regular annual reports; l) To make periodical and non-periodical publications in the field of human rights and equality; m) To carry out campaigns and programs that encourage the development of human rights and aim to prevent or remedy rights violations, in cooperation with public institutions, organizations, and non-governmental organizations; n) To cooperate and conduct joint work with international non-governmental organizations operating in the field of human rights; o) To prepare guides for public institutions and organizations aimed at eliminating practices contrary to human rights and to monitor whether these are implemented; ö) To plan human rights education nationwide, to decide on suggestions from the Education Committee, and to contribute to their realization; p) To inspect the curricula, textbooks, and auxiliary books in primary and secondary education from the perspective of human rights and to develop joint strategies and implementation plans with the Ministry of National Education for the dissemination of human rights education; r) To cooperate with universities for the prevention of human rights violations, the elimination of discrimination, and the dissemination of human rights awareness; s) To take decisions regarding the making of regulations related to the Institution and its field of duty; ş) To determine priorities in activities and duties within the Institution's field of activity; t) To prepare the budget in accordance with the Institution's strategic plan, aims, and objectives; u) To evaluate the work of administrative units and examine and decide upon financial reports; ü) To take decisions on the purchase, sale, and leasing of immovable property; v) To make the regulatory arrangements required for the implementation of this law; y) To provide opinions to the TBMM Presidency regarding prepared draft laws and proposals from the perspective of human rights; z) To carry out other work it deems necessary. (2) The Board meets at least twice a month. The Chairperson presides over the meetings. (3) The Board meets with the presence of more than half of the total number of members and takes decisions by the absolute majority of those attending. No abstention votes can be used in decisions. (4) Upon the call of the absolute majority of the total number of members, the Chairperson is obliged to call the Board to an extraordinary meeting within three days. (5) Board decisions are recorded in minutes and the decision minutes are signed by all members attending the meeting during the meeting or at the latest within five business days following the meeting. Board decisions are finalized with their justifications and any dissenting opinions within at most fifteen business days from the date of the meeting at which they were taken. When necessary, this period may be extended by the Board. (6) The Chairperson and members cannot participate in deliberations and voting on matters concerning themselves, their spouses, adopted children, and relatives by blood up to the third degree (inclusive) or by marriage up to the second degree (inclusive), or in matters where they have a personal interest relationship. This situation is specifically stated in the decision text. (7) Board meetings are confidential. Relevant persons may be invited to the Board meeting to benefit from their opinions if needed. However, Board decisions cannot be taken in the presence of those attending from outside. (8) Board decisions are sent to the relevant person, institution, and organizations within at most five business days from their finalization. (9) The Board may announce its decisions to the public through appropriate means, adhering to the principle of confidentiality of personal data, in cases it deems necessary. Decisions whose disclosure is objectionable in terms of individual rights are excluded from this provision. (10) In cases of the Chairperson's leave, illness, absence from duty for other reasons, or termination of duty for any reason, the Deputy Chairperson shall act as the proxy for the Chairperson. (11) The ethical principles to be followed by the members of the Board and national committees, as well as Institution personnel, are determined by a guide; other matters regarding the working procedures and principles of national Committees are regulated by a regulation.

Organization

ARTICLE 5- (1) The organization of the Institution consists of the Human Rights Board of Turkey; the Committee on the Fight Against Racism, Sexism, and Discrimination and for Equality, the Committee for the Prevention of Human Rights Violations and Research of Violation Allegations, the Committee on Asylum Seeker Problems and the Fight Against Human Trafficking, the Committee for Monitoring the Compliance of Legislation with Human Rights, the Human Rights Education Committee, the Bioethics Committee, and other national committees to be established if needed; the General Secretariat and its affiliated offices, the Legal Unit, the External Relations and Project Unit, the Media and Public Relations Unit, the Information and Documentation Unit, the Personnel Unit, the Administrative and Financial Affairs Unit, and other technical units that may be deemed necessary. (2) The duties and authorities of the committees are regulated by a regulation. (3) The Secretary General, human rights experts, assistant human rights experts, and other personnel of the Institution assist the Board Chairperson and members in fulfilling the primary and continuous services required by the Institution's duties.

Duties and Authorities of the Chairperson

ARTICLE 6- (1) The Chairperson of the Board is also the President of the Institution. The President is responsible for the general management and representation of the Institution. This responsibility encompasses the duties and authorities of conducting, inspecting, and evaluating Institution work and, when necessary, announcing it to the public. (2) The duties and authorities of the President are as follows: a) To determine the agenda, day, and time of Board meetings and to preside over the meetings. b) To include subjects reported by Board members for inclusion in the agenda until the opening of the meeting. c) To ensure the notification of Board decisions and the public announcement of those deemed necessary by the Board, and to monitor their implementation. ç) To appoint the General Secretary and institution personnel. d) To give final shape to suggestions from administrative units and submit them to the Board. e) To prepare the Institution's annual budget and financial tables in accordance with determined strategies, annual aims, and objectives. f) To ensure coordination for the harmonious, efficient, disciplined, and regular operation of the Board and the Institution's administrative units, and to resolve any duty and authority conflicts that may arise between them. g) To prepare annual activity reports, evaluate activities according to annual aims and objectives, and submit them to the Board. ğ) To conduct the Institution's relations with other organizations and represent the Institution. h) To determine the duty and authority area of personnel authorized to sign on behalf of the Institution President. ı) To perform other duties regarding the management and operation of the Institution.

Administrative Units

ARTICLE 7- (1) The administrative units of the Institution are as follows:

General Secretariat: A Secretary General is appointed to assist the President in conducting Board services and to ensure coordination among administrative units. Those to be appointed as Secretary General must meet the following requirements: a) At least a university degree in one of the fields of human and social sciences, b) At least ten years of professional experience in the civil service, c) Meeting the qualities specified in the (1), (4), (5), (6), and (7) sub-paragraphs of paragraph (A) of Article 48 of the Civil Servants Law (No. 657).
Legal Unit: a) To assist the Board and the relevant committee in the examination of draft laws and other legislation from the perspective of human rights; to provide opinions and recommendations upon request to relevant persons, institutions, and organizations regarding legislation, practices, and other legal matters. b) To represent the Institution in lawsuits to which it is a party, to conduct legal services, and to follow up and coordinate lawsuits where the Institution is represented through service purchase. c) To follow up on the proper implementation by the administration of judicial decisions determining human rights violations and to inform the Board on this matter.
External Relations and Project Unit: a) To carry out activities aimed at the Institution's external relations. b) To prepare and conduct projects related to human rights.
Media and Public Relations Unit: a) To establish relations with the media and follow the media. b) To conduct the public relations policy. c) To convey the results of work aimed at fulfilling the duties given to the Institution by this Law and other legislation to relevant institutions and organizations, and to announce them to the public if the President deems necessary.
Information and Documentation Unit: a) To create a database and documentation center on human rights issues. b) To engage in activities in the field of information technologies and to conduct work related to the institution's web page regularly.
Personnel Unit: a) To conduct the personnel matters and personal status procedures of the Institution, and to plan and conduct in-service training.
Administrative and Financial Affairs Unit: a) To perform the duties given to strategy development and financial services units by the Public Financial Management and Control Law (No. 5018), Article 15 of Law No. 5436 dated 22/12/2005, and other legislation. (2) The determination, creation, use, and cancellation of the cadres for the personnel within the Institution, and other matters regarding the cadres, are regulated according to the provisions of the Decree Law on General Cadre and Procedure (No. 190) dated 13/12/1983. (3) The working procedures and principles, duty areas, and appointment methods of the General Secretariat and other units are determined by a regulation to be issued by the Board in accordance with this Law.

Applications, Examination, Research, and Visits

ARTICLE 8- (1) Every natural and legal person claiming to have been harmed by a human rights violation may apply to the Board. The effective exercise of this right cannot be hindered in any way. (2) The duties of examination, research, visits, and report preparation given to the Board by this Law and other legislation are fulfilled by Board members with the assistance of Human Rights Experts, Assistant Experts, and other officials. Board members authorized by the Board are empowered to request, examine, and take copies of relevant information and documents from all public institutions and organizations as well as other natural and legal persons, to receive written and oral information from relevant parties, to visit places where persons are deprived of their liberty or are under protection, to conduct examinations there, and to prepare the necessary minutes. (3) A delegation may be formed under the chairmanship of a Board member determined by the Board or the President to conduct on-site examinations and research on matters within the Board's duty and authority area. Representatives of public institutions and organizations to take part in delegations are determined by their own institutions and organizations. The results of examination and research conducted by delegations are made into a report by the Institution. The expenses of the delegations are covered by the Institution's budget.

Advisory Commission

ARTICLE 9- (1) The Board forms an Advisory Commission from among representatives of universities, professional organizations, human rights associations and foundations, and public organizations and persons active in the field of fighting discrimination and equality, to assist it in its work. (2) The number of members of the Advisory Commission cannot exceed twice the number of Board members. The Advisory Commission elects a Chairperson from among its own members for three years. Re-election of the Advisory Commission Chairperson and members is possible. (3) The Advisory Commission meets at least twice a year, evaluating work and developments in the field of human rights and preparing suggestions regarding action plans to be formed. The suggestions of the Advisory Commission are given priority consideration in Board work.

Provisions Regarding Personnel and Personal Rights

ARTICLE 10- (1) Institution personnel are subject to the Civil Servants Law (No. 657). In the Institution, Human Rights Expert and Assistant Human Rights Expert cadres may be employed as contracted personnel, provided they are shown as equivalent, without being subject to the provisions regarding the employment of contracted personnel in the Civil Servants Law and other laws. The contract procedures and principles for those to be employed in this manner, as well as the base and ceiling wages by title and all kinds of payments, are determined by the Council of Ministers. (2) In the Institution, in tasks requiring special knowledge and expertise, contracted personnel may be employed according to paragraph (B) of Article 4 of the Civil Servants Law from among those with at least ten years of professional experience in subjects related to the Institution's field of activity and those who have received the title and degree of doctor. The net amount of wages to be paid to this personnel cannot exceed the net amount paid to a first-degree Human Rights Expert. The number of those to be employed according to this paragraph cannot exceed ten percent of the number of Human Rights Experts and Assistant Experts actually working in the Institution. (3) To be appointed as a Human Rights Expert in the Institution, the following conditions are required in addition to those listed in Article 48 of the Civil Servants Law: a) To have at least a master's degree in the field of human rights, b) To be successful with an A grade in the foreign language exam to be held, c) To be successful in the competitive examination to be held, ç) For those to be assigned to the legal unit, additionally to have served as a judge, prosecutor, or lawyer for at least 5 years. (4) To be appointed as an Assistant Human Rights Expert in the Institution, the following conditions are required in addition to those listed in Article 48 of the Civil Servants Law: a) To have graduated from one of the departments of human sciences or social sciences of a university, b) To be successful with at least a B grade in the foreign language exam to be held, c) To be successful in the competitive examination to be held, ç) For those to be assigned to the Legal Unit, additionally to have completed their judge and prosecutor or lawyer internship. d) To not have completed thirty years of age as of the date of the exam.

Amended and Repealed Legislation, Cadre Cancellation and Creation

ARTICLE 11- (1) All official organizations related to human rights—the Prime Ministry Human Rights Presidency, Provincial and District Human Rights Boards, the National Committee for Human Rights Education, the Human Rights Coordinative Supreme Board, and the Human Rights Advisory Board—are abolished. (2) In the Civil Servants Law (No. 657): a) In the (11) sub-paragraph of paragraph (A) of the "Common Provisions" section of Article 36, the phrase "Assistant Human Rights Experts" is added after the phrase "Assistant Experts for the Status of Women," and the phrase "Human Rights Expertise" is added after the phrase "Expertise for the Status of Women," b) In the (i) sub-item of the "(A) Special Service Compensation" item of the "II- Compensations" paragraph of Article 152, the phrase "Human Rights Experts" is added after the phrase "Experts for the Status of Women," c) In the (h) item of the "I- General Administrative Services Class" section of the (I) numbered Additional Indicator Table, the phrase "Human Rights Experts" is added after the phrase "Experts for the Status of Women." (3) In the first paragraph of the additional Article 3 of the Decree Law No. 375 dated 27/6/1989, the phrase "Human Rights Institution of Turkey" is added after the phrase "Ministry of Environment and Forestry." (4) To the "B) Other Administrations with Private Budgets" section of the (II) numbered table attached to the Public Financial Management and Control Law (No. 5018), the phrase "36) Human Rights Institution of Turkey" is added. (5) Sub-paragraph (m) of the first paragraph of Article 7, Article 17/A, additional Articles 4, 5, and 6 of the Law on the Acceptance of the Decree Law Regarding the Organization of the Prime Ministry (No. 3056) as amended, and the (13) numbered section where the main service units are arranged in the table attached to the said Law are repealed. (6) The cadre in the attached (1) numbered list is cancelled and removed from the tables attached to Decree Law No. 190; the cadres in the attached (2) numbered list are created and added to the (I) numbered table attached to Decree Law No. 190 as the Human Rights Institution section.

Transitional Provisions

TEMPORARY ARTICLE 1- (1) The five members of the Board are selected within two months from the date this Law enters into force from among those who possess the qualities specified in the second paragraph of Article 3 and who are nominated by the method specified in the third paragraph of the same article. (2) Of the movables, tools, equipment, materials, fixtures, and vehicles belonging to the Prime Ministry organization, those used by the Human Rights Presidency as of the date this Law enters into force shall be transferred to the Institution according to a protocol to be arranged between the Prime Ministry and the Institution. (3) Of all kinds of rights and obligations belonging to the Prime Ministry, those concerning the Human Rights Presidency are considered transferred to the Institution without the need for any procedure, and immovables are considered allocated. (4) Until the organization of the Institution is rearranged according to this Law, the services to be carried out by the Institution shall continue to be carried out by the personnel assigned to the Human Rights Presidency. (5) Until Institution offices are established, Provincial and District Human Rights Boards shall serve as Institution offices. (6) The 2010 fiscal year expenditures of the Institution shall be covered from the appropriations belonging to the Human Rights Presidency in the 2010 budget of the Prime Ministry, until a new arrangement is made according to the relevant provision of the 2010 Central Government Budget Law (No. 5944). (7) All transition, transfer, assignment, and devolution procedures provided for in this article and the protocols to be arranged are exempt from all kinds of taxes, duties, fees, charges, and funds. (8) For one year from the date this Law enters into force, the provision of the last paragraph of Article 9 of Decree Law No. 190 shall not be applied in the arrangements to be made regarding Institution cadres.

Entry into Force

ARTICLE 12- (1) This Law enters into force on the date of its publication.

Execution

ARTICLE 13- (1) The Council of Ministers executes the provisions of this Law.

(1) NUMBERED LIST INSTITUTION: PRIME MINISTRY ORGANIZATION: CENTRAL CANCELLED CADRE | Class | Title | Cadre Degree | Total Cadre Number | | :--- | :--- | :--- | :--- | | GİH | President of Human Rights | 1 | 1 | | TOTAL | | | 1 |

(2) NUMBERED LIST INSTITUTION: HUMAN RIGHTS INSTITUTION OF TURKEY ORGANIZATION: CENTRAL CREATED CADRES | Class | Title | Cadre Degree | Free Cadre Number | Total Cadre Number | | :--- | :--- | :--- | :--- | :--- | | GİH | Human Rights Expert | 1 | 10 | 10 | | GİH | Human Rights Expert | 2 | 10 | 10 | | GİH | Human Rights Expert | 3 | 10 | 10 | | GİH | Human Rights Expert | 4 | 10 | 10 | | GİH | Human Rights Expert | 5 | 10 | 10 | | GİH | Human Rights Expert | 7 | 10 | 10 | | GİH | Assistant Human Rights Expert | 9 | 30 | 30 | | GİH | Financial Services Expert | 4 | 2 | 2 | | GİH | Social Services Expert or Psychologist | 5 | 2 | 2 | | GİH | Philosopher or Sociologist | 3 | 2 | 2 | | GİH | Translator-Interpreter | 5 | 2 | 2 | | GİH | Librarian | 7 | 1 | 1 | | GİH | Clerk | 8 | 4 | 4 | | GİH | Clerk | 9 | 4 | 4 | | GİH | Computer Operator | 7 | 2 | 2 | | GİH | Secretary | 7 | 6 | 6 | | GİH | Secretary | 8 | 6 | 6 | | GİH | Switchboard Operator | 9 | 1 | 1 | | TOTAL | | | 122 | 122 |

GENERAL JUSTIFICATION

The protection and experience of human rights in a country is possible through multi-faceted work based on human rights knowledge, carried out in coordination and without interruption. For this purpose, every country needs a national human rights institution that carries out its work in cooperation with other official and non-governmental organizations.

National human rights institutions are generally defined as official institutions established by states to protect and develop human rights. The emergence of the concept dates back to the aftermath of the Second World War and the establishment of the United Nations. However, these institutions began to spread after the 1970s and especially after the end of the Cold War in the 1990s. Developments in this area have also been encouraged by the United Nations. With Resolution 48/134 adopted on 20/12/1993, the United Nations General Assembly invited member countries to establish these institutions or strengthen existing ones. The annex of the said resolution contains the principles regarding the status of national human rights institutions, also known as the “Paris Principles.”

According to the Paris Principles, which determine the basic standards and general framework for national human rights institutions: a) National institutions should be established by an official act of at least legislative value and should be endowed with the broadest possible powers and duties. b) Within this framework, national institutions should specifically be tasked with conducting examinations and research, preparing reports, providing opinions, making recommendations and suggestions, and carrying out information, awareness, and education activities in the field of human rights. c) Pluralistic representation of social sectors and non-governmental organizations active in the field of protecting and developing human rights should be allowed in national institutions. d) National institutions should be provided with sufficient financial resources and personnel to perform their duties independently. e) In addition to these, although not mandatory, national institutions may also be given the duty and authority to receive and examine applications regarding human rights violation allegations.

The International Coordinating Committee of National Human Rights Institutions (ICC), to which national human rights institutions worldwide are accredited, grades national human rights institutions according to their compliance with the Paris Principles.

The United Nations Resolution on national human rights institutions is of a recommendatory nature and is not binding. However, references are increasingly made to the said principles in various international documents, primarily in many international conventions. The Optional Protocol to the UN Convention against Torture (OPCAT), which envisages the establishment of independent national monitoring mechanisms to combat torture and ill-treatment, and the European Union’s Race Equality Directive (2000/43/EC), which envisages the establishment of independent commissions to combat racial discrimination in social life, are among the examples of these documents.

While the Paris Principles determine the general principles regarding human rights national institutions, they do not contain a specific model for countries to apply; they foresee that it is the right of every state to choose the structure most suitable for its own needs and characteristics at the national level in line with these principles. Looking at practices in Europe, institutions in the nature of Institutes focused on education and research in the field of human rights in Denmark and Germany, and national institutions in the nature of advisory boards or commissions with broad participation providing opinions to the government and parliament on human rights issues in France and Greece, are notable.

Human rights institutionalization work in our country has followed a path with increasing momentum, parallel to developments in the world. The establishment of a Human Rights Investigation Commission in the TBMM in the 1990s, the assignment of a state minister responsible for human rights within the government, and the creation of a Human Rights High Advisory Board and a National Committee for the Decade of Human Rights Education affiliated with this minister were followed by the creation of human rights units within various ministries and other public institutions and organizations, primarily the Ministries of Justice, Interior, and Foreign Affairs. This flow gained new momentum with the entry into the 2000s; first, “Provincial and District Human Rights Boards” spread throughout the country and having a structure predominantly consisting of civil society were created, and with Law No. 4643, the Human Rights Supreme Board, the Human Rights Advisory Board, Human Rights Violation Allegation Investigation Delegations, and the Prime Ministry Human Rights Presidency were established. However, some of these institutions have become unable to function or have remained ineffective.

Despite the existence of widespread human rights institutionalization in our country as briefly explained above, the lack of a structure compatible with the Paris Principles is a subject of criticism by various institutions and organizations at the national level and at the international level, primarily in EU progress reports.

The Draft Law on the Human Rights Institution of Turkey, prepared considering these points, aims to establish a human rights organization compatible with the UN Paris Principles. The Institution envisaged to be established by the Draft will generally be tasked with working to protect and develop human rights, conducting examinations and research in this framework, preparing reports, providing opinions, recommendations, and suggestions, carrying out information, awareness, and education activities, and examining and researching human rights violation allegations.

The Institution, possessing public legal personality and administrative and financial autonomy, is envisaged to consist of the Human Rights Board of Turkey and an organization affiliated with it. The decision-making organ of the Institution is the Human Rights Board of Turkey. It is envisaged that the Board meets at least twice a month and that attendance fees are paid to members.

Services required by the Institution's duties will be performed by human rights experts and assistant experts, and other professional and administrative personnel to be determined according to need. Furthermore, the Institution has been enabled to employ contracted personnel and temporarily assign personnel from other public institutions and organizations.

It is believed that this draft regarding the establishment of an autonomous and pluralistic institution will make significant contributions to efforts to protect human rights in our country.

ARTICLE JUSTIFICATIONS

ARTICLE 1- The purpose and scope of the Law are specified, and some terms frequently mentioned in the Law are defined to prevent repetitions. The fundamental purpose of the Institution, and thus of the Law, is to ensure the protection and development of human rights in Turkey. It has been prepared in compliance with the Paris Principles’ demand that national human rights institutions should be endowed with the broadest possible duties and authorities. The duties and authorities of the Institution, expressed very generally in this article as “ensuring the protection and development of human rights,” are regulated in more detail in Articles 2, 4, 5, 6, 7, 8, and 9.

ARTICLE 2- The establishment and duties of the Human Rights Institution of Turkey are regulated, and its status is determined. The fundamental duty of the Institution is determined in Article 1 as ensuring the protection and development of human rights. This fundamental and primary duty of the Institution is detailed in Article 2. Accordingly, the duties and authorities of the Institution are:

Monitoring and evaluating developments in the field of human rights,
Conducting work toward the resolution of problems,
Examining and researching complaints and applications and following up on their results,
Performing all kinds of activities directed toward the protection, development, and prevention of violations of human rights. The Paris Principles foresee giving national human rights boards as wide a field of duty as possible in the subjects of developing and protecting human rights. According to the Paris Principles, national institutions should be independent institutions possessing sufficient financial resources and their own personnel and facilities. In this framework, for the Human Rights Institution of Turkey to possess these characteristics envisaged by the Paris Principles, it is envisaged to be an institution with public legal personality and administrative and financial autonomy. The Institution will use its duties and authorities independently under its own responsibility. In this context, it is envisaged that no organ, authority, office, or person outside itself can give orders or instructions to the Board and Institution employees regarding matters within its field of duty. Furthermore, according to the Paris Principles, national institutions may establish local and regional units when necessary. In this framework, the Institution is granted the opportunity to open offices domestically and abroad.

ARTICLE 3- The formation of the Human Rights Board of Turkey, the decision-making organ of the Institution, is regulated. For the Institution to use its autonomy in accordance with the demands of human rights, the way this Board is formed and the intellectual and ethical characteristics of its members, as well as their selection with a pluralistic understanding, are extremely important. Therefore, the authority to nominate members for the five members of the Board is given to university centers, professional organizations, and non-governmental organizations working on human rights. Selecting the Chairperson and Deputy Chairperson of the Board is left to the Board. Similarly, this Board selects the Chairpersons and members of the Committees specified in Article 4. The Chairperson of the TBMM Human Rights Investigation Commission and the Ombudsman of the Republic of Turkey, if appointed, are ex officio members of this Board. For the Institution to continue its work away from external influences, the members of the Board, which is the decision-making organ, must have certain guarantees. The circumstances under which members' duties will end and their memberships will lapse are determined by the article. A member's duty cannot be terminated, and their membership will not lapse except for the situations listed in the article. In addition, some measures have been taken to guarantee that members can act independently. The article also regulates matters regarding the property declarations of the Chairperson and Board members and the confidentiality of information acquired due to the duty.

ARTICLE 4- The duties, authorities, and working principles of the Board, the decision-making organ of the Institution, are regulated. For the Institution to work both independently and with a pluralistic understanding, for human rights work to be carried out in coordination throughout Turkey, and to prevent duty and authority conflicts between different organizations—thus preventing waste of effort and time—committees such as the Committee on the Fight Against Racism, Sexism, and Discrimination and for Equality, the Committee for the Prevention of Human Rights Violations and Research of Violation Allegations, the Committee on Asylum Seeker Problems and the Fight Against Human Trafficking, the Committee for Monitoring the Compliance of Legislation with Human Rights, the Human Rights Education Committee, and the Bioethics Committee have been created to conduct work under the supervision of the Board regarding more specific human rights issues. The chairpersons of these national committees take place as members of the Board. Thus, forming these committees with the specified criteria is within the duties and authorities of the Board; its other duties and authorities consist of those deemed necessary for the protection of all kinds of human rights in Turkey.

ARTICLE 5- The organization of the Institution is regulated. These organs and units are the organs and units envisaged for the protection of various human rights in Turkey.

ARTICLE 6- Some additional duties fall to the Chairperson for the Institution and the Board to work efficiently and in coordination. The article regulates these additional duties.

ARTICLE 7- The administrative units of the Institution and their duties are determined. For the Institution to properly fulfill the duties expected of it, qualified personnel related to the subject must work in this institution.

ARTICLE 8- It is envisaged that the procedures and principles regarding the examination of applications to be made to the Institution are determined by a regulation to be issued by the Institution. Thus, without the need for a law amendment, the procedures and principles regarding receiving applications can be quickly reviewed in line with the needs of the day. The article regulates the authorities and conditions that will ensure the independent fulfillment of the duties of examination, research, and visits given to the Board by law. The Board is authorized to request, examine, and take copies of relevant information and documents from all public institutions and organizations and other natural and legal persons, to receive written and oral information from relevant parties, to visit places where persons are deprived of their liberty or are under protection, and to conduct examinations there and prepare the necessary minutes. On the other hand, delegations may be formed with the participation of representatives of relevant institutions and organizations and individuals to conduct on-site examinations and research on matters within the Board's duty and authority area.

ARTICLE 9- The article envisages the establishment of an “Advisory Commission” for the Institution to communicate regularly and continuously with individuals, institutions, and organizations working in the field of human rights—especially non-governmental organizations and academics—to conduct its work in the most efficient way.

ARTICLE 10- The employment of Institution personnel and the personal rights of the personnel are regulated. The article also regulates the qualities and knowledge sought in human rights experts and assistant experts and matters regarding their entry into the profession.

ARTICLE 11- Phrases regarding the Institution and Institution personnel are processed into the relevant laws, and all official organizations related to human rights—the Prime Ministry Human Rights Presidency, Provincial and District Human Rights Boards, the National Committee for Human Rights Education, the Human Rights Coordinative Supreme Board, and the Human Rights Advisory Board—are abolished.

TEMPORARY ARTICLE 1- In temporary Article 1, which contains transitional provisions, the first member selection of the Board is regulated, the transfer of movables and immovables used by the Prime Ministry Human Rights Presidency to the Institution is envisaged, and other transitional provisions are included.

ARTICLE 12- This is the entry into force article.

ARTICLE 13- This is the execution article.