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2008 Assessment

Turkey: Integrity Indicators Scorecard

Turkey: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	83
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	88

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: This right is subject to the general principles governing the right to association and the law on associations, but not the law on foundations. Examples of advocacy, monitoring and reporting organizations of this type are the Association for Combatting Corruption, the Transparency Association and the Association for the Protection of Citizens' Taxes (VAVEK).

There are some associations focused on good governance such as the Corporate Governance Association of Turkey and the Corporate Social Responsibility Association of Turkey. There are some research-oriented organizations such as Economic and Social Studies Foundation of Turkey (TESEV) and the Economic Policy Research Foundation of Turkey (TEPAV) whose areas of research also include corruption.

According to the reports of the Department of Associations of the Ministry of the Interior Affairs and the observation of independent scholars, there is no legal pressure on such associations dealing with corruption-related matters although the Progress Reports of the European Union (EU) and/or the decisions of the European Convention on Human Rights (ECHR) might underline potential restrictions on the practice of the law.

References: The 1982 Constitution, Article 33, [ LINK ]

Law 5253 on Associations, Article 3, [ LINK ] /Metin.Aspx?MevzuatKod=1.5.5253&MevzuatIliski=0&sourceXmlSearch=dernekler%20kanunu

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: However, permission of the relevant public authority (the head of civil administration, the governor) is required.

References: Law No. 5253 on Associations, Articles 21 and 38, [ LINK ]

Law No. 5737 on Foundations, Article 25. [ LINK ]

Law No. 5072 Concerning the Relationship Between Associations and the Public Institutions and Agencies, Article 2, [ LINK ]

Law No. 227 on the Establishment and Duties of the General Directorate of Foundations, Article 38.

Law No. 6760 on the Establishment and Duties of the General Directorate of Foundations, Article 38.

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: These general provisions apply to all associations, and they are routinely, but randomly, supervised by the inspectors of the Department of Associations of the Ministry of Interior Affairs.

References: Law No. 5253 on Associations, Articles 19 and 32, [ LINK ]

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: Within the scope of these preliminary requirements in the Law of Association , the procedure and process of founding an association has been facilitated by the authorities, especially after the new law was adopted.

References: Ihsan Cimen, Department of Interior Affairs, Ministry of Interior Affairs, August 15, 2008, Ankara.

Atalay Erguven, DENETDE (Association for All Audit Officers), August 2008, Ankara.

Law No. 5253 on Associations, Article 3: Natural and legal persons who are qualified to act have the right to form associations without prior permission.

Law No. 5253 on Associations, Article 19: Associations must report their annual activities and accounts to the governor of province by the end of April in the following year.

Law No. 5253 on Associations, Article 26: All associations are subject to prior permission from the governor of province to open some facilities.

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: Although the government of the Justice and Development Party promised to integrate civil society into the policymaking process as early as 2003 in its Emergency Action Plan, this objective seems to be far from being achieved.

Some of the CSOs which, among other activities, focus on anti-corruption and good governance, such as the Economic and Social Studies Foundation of Turkey (TESEV) and Economic Policy Research Foundation of Turkey (TEPAV), do some research, projects and conferences only. The full-time, anti-corruption/good governance CSOs, such as Transparency International-Turkey Chapter, do not have sufficient resources and close access to government circles. Therefore, CSOs activities are more directed to the formation of public opinion for and against the policymaking process. No visible progress has been made toward enabling CSOs to become involved in policymaking process in 2008.

It is equally important to note that political parties do not seem to collaborate with CSOs on these issues.

References: Emergency Action Plan of the 58th Government, [ LINK ]

Bülent Tarhan, Chief Inspector, Prime Ministry, September 2008, Ankara.

Atalay Erguven, DENETDE (Association for All Audit Officers), August 2008, Ankara.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. YES is a positive score. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Some of the associations whose primary focus is not on corruption but on promoting awareness of corrupt activities by elected officials have been marginalized through indirect pressure, including inspections, pro-government media reports and other methods.

References: Ihsan Cimen, Department of Interior Affairs, Ministry of Interior Affairs, August 15, 2008, Ankara.

Atalay Erguven, DENETDE (Association for All Audit Officers), August 2008, Ankara.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Ihsan Cimen, Department of Interior Affairs, Ministry of Interior Affairs, August 15, 2008, Ankara.

Atalay Erguven, DENETDE (Association for All Audit Officers), August 2008, Ankara.

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Ihsan Cimen, Department of Interior Affairs, Ministry of Interior Affairs, August 15, 2008, Ankara.

Atalay Erguven, DENETDE (Association for All Audit Officers), August 2008, Ankara.

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Ihsan Cimen, Department of Interior Affairs, Ministry of Interior Affairs, August 15, 2008, Ankara.

Atalay Erguven, DENETDE (Association for All Audit Officers), August 2008, Ankara.

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments:

References: The 1982 Constitution, Article 51, [ LINK ] Law No. 2821 on Trade Unions, [ LINK ]

Law No. 2822 on Collective bargaining, Strike and Lockout, [ LINK ]

Law No. 4688 on Trade Unions for Public Employees, [ LINK ]

Law No. 4857 on Labour, [ LINK ]

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: Trade unions have been losing their influence in the policymaking process. There has been a process of de-unionization in some pubic and private workplaces. Pro-government unionization has been encouraged.

References: Fikret Kazak, "Crisis For Unionism and Quest for Union in Turkey," Ankara: Imge Kitabevi, 2007.

Toker Dereli, "Labour Law and Industrial Relations in Turkey," Kluwer Law International, 2006.

Saym Yorgun, "Problems Of Unionization In Turkey and Alternative Suggestion" (in Turkish), 0sGuc Endustri Iliskileri ve Insan Kaynaklari Dergisi, 9 (2), 2007.

Perihan Sar, Former Labour Inspector and Secretary General of Revolutionary Labour Union, Istanbul, September 2008.