Committee on Economic, Social and Cultural Rights considers report of Turkey

4 May 2011

The Committee on Economic, Social and Cultural Rights has considered the initial report of Turkey on that country’s implementation of the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report of Turkey, Ali Onaner, Head of the Human Rights Department at the Ministry of Foreign Affairs, said since 2001 Turkey had pursued a comprehensive and active human rights reform process aimed at improving the protection and promotion of human rights and a series of legal reforms had been carried out in a short period of time, including a number of constitutional amendments and a complete overhaul of basic laws. The most important novelty of the constitution concerned Article 90, amended in 2004. The amended article states that international conventions on fundamental rights and freedoms prevailed in case of conflict with the provisions of national laws on the same matter. Adoption of the new civil code, the new penal code, and the new criminal procedure code with a view to aligning Turkey’s legal framework with European standards and principles had effectively consolidated the constitutional amendments.

Among the improvements brought by the recent constitutional reform were: the inclusion of positive discrimination as a constitutional right for persons who required special protection, such as children, the elderly, and the disabled, as well as for women in order to achieve de facto equality between men and women; constitutional guarantees for children’s right to access of “adequate protection and care”, safeguarding the principle of the best interest of the child; broadening the scope and accent of freedom of organization and union rights; definition of the right of petition as a constitutional right; elimination of the constitutional obstacle that prevented the establishment of an ombudsman; and the introduction of the right to individual application to the Constitutional Court with regard to the fundamental rights and freedoms enshrined in the constitution in accordance with the European Convention of Human Rights.

Among the questions and issues raised by Committee Experts were issues surrounding the definition of minorities in the country and why the Kurds were not considered a minority, given their language and culturally differences. Committee members also asked about the status of women and the effect various national action plans and policies had had on women’s enjoyment of economic, social and cultural rights and their participation in the public and political life of the country. The delegation was also asked about the application of the Convention by courts and whether international treaty law enjoyed supremacy over domestic law. Committee members asked numerous questions about forced evictions, compensation, resettlement and consultation with communities who were affected by dam construction in the country and other public works that had resulted in many communities being removed from their land and resettled in other areas. Access to healthcare, sanitation and education in rural communities were also areas of concern touched on by Committee Experts in the course of the dialogue with the State party.

In concluding remarks, Mr. Onaner said that this was Turkey’s first opportunity to present a report before the Committee and the delegation had tried to provide the most adequate and detailed information it could. The concluding observations from the Committee would enable them to raise awareness about the Convention in Turkey and how the Committee could contribute to the better protection and promotion of all human rights in the country.

The Turkish delegation was composed of representatives from several government agencies including the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Labour and Social Security, the Ministry of Justice and the Social Security Institution.

The next public meeting of the Committee will be at 3 p.m. this afternoon when it will begin consideration of the second periodic report of the Republic of Moldova (E/C.12/MDA/2).

Report of Turkey

The initial report of Turkey (E./C.12/TUR/1) notes that within the ongoing reform process in Turkey, there has also been major progress in improving the legislation concerning citizens belonging to non-Muslim minorities in Turkey. In this context, since 2004 a new governmental body, namely the Minority Issues Assessment Board, is in operation with a view to addressing and finding solutions to difficulties which citizens belonging to non-Muslim minorities may encounter in their daily lives. In this process, periodic contacts are held with the non-Muslim minorities.
Turkey believes that a successful fight against all forms and manifestations of discrimination and intolerance requires combined efforts at national and international levels. In this respect, Turkey has become party to all relevant international instruments both at global (UN) and regional (Council of Europe and OSCE) fora, and duly maintains a close and constructive cooperation within the special mechanisms of these organizations tasked with the fight against intolerance and discrimination. In this context, Turkey is actively involved in the work of the OSCE in the field of promoting tolerance and non-discrimination.

Over the years since the Beijing Declaration and the Beijing Platform for Action, Turkey has realized most of its commitments made in Beijing by implementing policies in line with the Platform and achieved important progress in the area of gender equality and women’s rights. Turkey has made substantial contribution to the promotion of gender equality in the international fora, particularly to the efforts of fight against honour crimes. Turkey ensured that early and forced marriages and honour crimes are to be considered among the forms of violence against women identified in the outcome document of the Beijing + 5 Special Session of the UN General Assembly. Although the principle of equality between men and women was explicitly placed in the Constitution, through the addition on 17 May 2004 of a provision to Article 10 of the Constitution, the State has been obligated not only to ensure non-discrimination between men and women, but also to take necessary measures to provide women with equal rights and opportunities with men in all walks of life.

The age of marriage has been raised from 15 to 17 with the new Turkish Civil Code No. 4721. The objective is to prevent early marriages by raising the minimum age of marriage. Primary education has been extended from 5 to 8 years in order to provide the children with more education and consciousness. The attendance of the girls in schools has been increasing by the help of relevant campaigns conducted by the State and non-governmental organizations. It is aimed to help them start a family in the future on solid grounds with their freewill and without pressure from their families. The girls who are forced to marry by their families are taken under care and protection by the institutions attached to the SHCEK after due assessment. Complaints are lodged at competent authorities concerning those (their families and other people who force them to marry) who commit faulty acts against such children.

Presentation of Report

In presenting the initial report of Turkey, ALI ONANER, Head of the Human Rights Department at the Ministry of Foreign Affairs, said that since 2001 Turkey had pursued a comprehensive and active human rights reform process aimed at improving the protection and promotion of human rights and a series of legal reforms had been carried out in a short period of time, including a number of constitutional amendments and a complete overhaul of basic laws. The most important novelty of the constitution concerned Article 90, amended in 2004. The amended article states that international conventions on fundamental rights and freedoms prevailed in case of conflict with the provisions of national laws on the same matter. Adoption of the new civil code, the new penal code, and the new criminal procedure code with a view to aligning Turkey’s legal framework with European standards and principles had effectively consolidated the constitutional amendments.

Mr. Onaner said that the ambitious reform process ensured substantial progress in abolishing the death penalty, the fight against torture, gender equality, freedom of religion, freedom of expression, freedom of association and assembly as well as other cultural and social rights. Representatives of civil society were involved in the reform process through national monitoring mechanisms. Human rights education at all levels had been strongly promoted. In order to overcome possible challenges in the implementation of legislative reforms and to create an institutional culture respectful of human rights, bilateral programmes with several countries and joint projects with the Council of Europe and the European Union were being carried out. More recently, as a result of the constitutional amendment package adopted in September 2010, human rights and fundamental freedoms had been further expanded and the constitutional system brought in line with Turkey’s international obligations.

Among the improvements brought by the recent constitutional reform were: the inclusion of positive discrimination as a constitutional right for persons who required special protection, such as children, the elderly, and the disabled, as well as for women in order to achieve de facto equality between men and women; constitutional guarantees for children’s right to access of “adequate protection and care”, safeguarding the principle of the best interest of the child; broadening the scope and accent of freedom of organization and union rights; definition of the right of petition as a constitutional right; elimination of the constitutional obstacle that prevented the establishment of an ombudsman; and the introduction of the right to individual application to the Constitutional Court with regard to the fundamental rights and freedoms enshrined in the constitution in accordance with the European Convention of Human Rights.

Mr. Onaner said that in addition to the constitutional referendum, the Law against Terrorism had been amended in July 2010 in order to take minors out of the remit of this law. According to new amendments, children who attended illegal meetings and demonstrations or distributed propaganda material for outlawed organizations could not be tried on charges of terrorism or assize courts. Moreover, the law reduced the penalties applied to children accused of terrorism related offences, such as being a member of a terrorist organization or disseminating propaganda material for terrorists.

Mr. Onaner went on to say that the Turkish State was composed of citizens who enjoyed the same fundamental rights and freedoms irrespective of their origins in terms of language, race, colour, ethnicity and religion. Acts of discrimination were prohibited and penalized by law. The principle of equality between men and women was enshrined in law regulating political, social and economic life. Basic social rights such as the right and duty of training and education, the freedom to work and conclude contracts, the right to organize labour unions, the right to live in a healthy and balanced environment, the right to rest and leisure and the right to social security were guaranteed in the Constitution. The protection and promotion of cultural rights was based on the principles of tolerance and cultural diversity. The freedom of religion and conscience, freedom of thought and expression, freedom of the press, freedom of science and arts, protection of the historical and cultural heritage and promotion of arts and artists were part of Turkey’s cultural policy.

Mr. Onaner concluded his remarks by saying that the Turkish Government was determined to further improve the enjoyment of economic, social and cultural rights by all and pursue the reform process aimed at attaining the highest standards in the field of human rights. Turkey’s determination in that respect had also found its reflection in close cooperation with the treaty bodies and the United Nations special mechanisms in the field of human rights. Turkey was party to eight international human rights treaties and it had a standing invitation to the thematic Special Procedures since 2001. Visits, recommendations and appeals of special procedures were given serious consideration and the Special Rapporteur on violence against women, the Working Group on arbitrary detention, the Special Rapporteur on the protection and promotion of human rights while countering terrorism and the Special Representative of the Secretary-General on the situation of human rights defenders had recently visited Turkey.

Questions by Experts

One Expert commented that Turkey had ratified several Conventions at a very late date for a European country and with many reservations. This sent the message that they were not fully on the human rights bandwagon or were reluctant to join other countries in signing these treaties. Why had these Conventions been ratified at such a late date? The Expert was alarmed to note that in the past few years the European Court had passed 210 judgments against Turkey on issues ranging from torture and unfair trial to extrajudicial killings. The Expert hoped these issues were being corrected. The Expert also expressed the wish that Turkey would go beyond the Lausanne treaty to recognize a broader range of minorities, as this was an international norm.

In terms of the dams being built, the Expert asked several questions about compensation of and consultation with communities affected by the dams, as well as consultation with neighbouring countries. The Committee member also expressed concern about plans to build a nuclear plant near a fault line, even after what happened in Japan. The delegation was also asked to elaborate on the office of the ombudsman and his duties and resources.

Was Turkey considering ratifying the optional protocol to the Convention? It would send a strong message that economic, social and cultural rights enjoyed the same respect as civil and political rights. How were cases of economic, social and cultural rights dealt with across the board, including in courts, education, health, labour law and other areas?

The delegation was asked to clarify some of their reservations to the Convention and what practical effect this had to the implementation of the Convention and its provisions. How was the Convention applied in the country? Why was there no constitutional law against discrimination? In terms of the Kurdish population, they experienced discrimination in the employment sphere and workplace and unequal access to education and healthcare. What measures were being taken to remedy this situation? Regarding migrants, asylum seekers and refugees, what was being done to provide equal access to economic, social and cultural rights such work, healthcare and education? Were there any examples in which the Convention had been directly applied by the courts? Were judges and lawyers trained in the provisions of the Convention and was such training systematic?

An Expert asked how Turkey protected its citizens living abroad, particularly those Turkish migrants living and working in Germany. Was there a system to defend the rights of Turkish migrants outside of Turkey? Was civil society active in drafting the report? Regarding the definition of minorities, an Expert said it was a serious problem that only non-Muslim minorities were recognized. Had any discrimination complaints been filed on the basis of language and religion? There were many commendable developments regarding gender equality, but an Expert noted the Turkish delegation did not include any women. What had been the effects of these national action plans and policies on the lives of women? How was the impact of these policies measured? Did the Government have consultations with civil society, particularly women’s organizations, to determine the effectiveness of these plans? How much money was invested in these programmes in terms of government budgetary allocations?

Response of Delegation

Regarding the late ratification of some human rights covenants, the delegation said that it was satisfied that they were able to understand the importance of Turkey being party to those instruments, even if it was a bit belated. Turkey had been implementing important human rights reforms since 2001. This was related to the European Union accession process of Turkey, but it was not limited to that. In terms of the Optional Protocol of the Covenant, the delegation could not provide any dates for the consideration of the ratification for this Optional Protocol, but Turkey constantly considered international treaties and there was an ongoing debate about international instruments.

During the most recent constitutional reform, amendments had been made to allow for the right to petition and this regulation also allowed the formation of the ombudsman’s office. The draft law for the establishment of this mechanism was now being prepared. The first draft for the establishment of an national human rights institution had been prepared years ago, but it had taken some time to conclude this initiative because some participants to the debate had raised some concerns, including on the issue of compliance of the new institution with the Paris Principles. They were working to ensure that the final product of this process was a national human rights institution in full compliance with the Paris Principles.

Turning to discrimination and the rights of minorities, the delegation said that the Turkish constitution provided that all individuals were equal before the law so the fact that Turkey did not have a specific law on discrimination did not limit the protection provided to Turkish citizens from any discrimination or any discriminatory act. There was no internationally agreed definition of a minority, and Turkey had a definition of religious minorities based on bilateral agreements and the rights that Turkey provided to these religious minorities were secured in their laws and constitution. This did not prevent them from securing the rights of other citizens from different ethnic origins or who spoke different languages. People from these groups did not need to be labelled minorities to have their rights fully secured.

Regarding expropriation of land for the building of public works, the delegation said the shortcomings that the State had encountered in the past had been very much improved due to the jurisprudence that had been developed around this issue and the delegation was satisfied that those people who lost their land due to the construction of a dam would be satisfied. In terms of the building of a new nuclear plant, the delegation said the Japanese example would provide good information and guidance to Turkey as it developed its plans for the construction of the plant. The delegation members were not experts on this issue so that was all the information they could provide on that topic.

The delegation was unable to provide exact numbers on the number of times Turkish courts had applied or referred to the Convention in court cases, but they had observed and seen many cases in which the European Convention on Human Rights was invoked. For example, in 2004 the Supreme Court referred to the European Social Charter and article 90 of the European Convention on Human Rights.

Returning to the rights of the Kurdish community in Turkey, they were not recognized as a minority, but this did not diminish their rights at all, the delegation said. Also, many Kurdish people did not consider themselves as a minority in any way and many of them did not want to be called a minority. In terms of the low participation level of women in Kurdish areas of the country, this was related to education and the shortcomings that had been encountered in this area were due to access to education in certain regions. There was also a cultural element which meant that girls went to school less than boys. Education for girls was a priority for the Government.

Turkey as a government was not responsible for organizing migrants’ affairs abroad to ensure that their rights were protected, but even if they did not have this goal in direct terms the State was very committed to education and the integration of Turkish migrants abroad. It was important that these individuals became aware of their rights and that they knew the language of the host country so that they could better defend their rights.

On the question of the gender composition of the delegation, it was noted that the only reason their delegation was headed by a man was because the person who would normally lead the delegation, the Deputy Under-Secretary, was a woman and she had even more pressing responsibilities and thus was unable to attend. Elections were coming up in June in Turkey and the number of female candidates for parliament was higher than the numbers they had in the last election, so while it was not enough it was still an improvement.

The delegation recognized that during the preparation of the report in 2008, the non-governmental organization participation was not sufficient and the Universal Periodic Review process had given them the opportunity to consult civil society in a much more detailed manner.

The delegation had no detailed figures for the budgetary allocation to women’s issues, but the General Directorate on the Status of Women had organized a global summit on women because it had more resources than the Ministry of Foreign Affairs for putting on such an event. This was an example of how the Turkish Government provided them resources.

A Committee member had raised a question about whether Turkish foreign policy had a human rights dimension and the delegation was happy to report that it did and great importance was attached to a human rights approach to foreign policy.

Questions by Experts

In a round of follow-up questions, a Committee member said that minorities wanted to enjoy their own language and culture and the delegation’s answer regarding the protection of the rights of minorities was incomplete as far as the Expert was concerned.

A Committee Expert reiterated their question about what impact the State’s reservations to the Convention had on the enjoyment of economic, social and cultural rights. The delegation was also asked to elaborate again on the applicability of the Convention in Turkish domestic law. Would the State draw up a specific law addressing gender equality? What positive steps were being taken to increase women’s participation in politics, the workforce and the social security system? What was being done to address the wage gap between men and women?

What measures could Turkey take to reduce unemployment? Were there many children under the age of 16 in the labour force? Did the minimum wage allow workers and their families to have a dignified living standard? How was an illegal strike defined? How was unemployment data collected? Did they collect statistics on people working in the informal sector? How was sexual harassment in the workplace handled and had there been any cases filed under the criminal code or the labour law? A Committee member commented that the State had rather restrictive work permits for foreigners and asked if migrant workers were free to join trade unions. The delegation was also asked whether the State had any systems in place for the repatriation of its migrant workers abroad and what was being done to stop the “brain drain” from the country.

Response of Delegation

Concerning article 90 of the constitution, the delegation said that this article said that international agreements once entered into had the force of law in Turkey on par with domestic law. This could be interpreted to mean that these laws were obligatory even if they were not in conformity with the constitution. This was why Turkey studied treaties so carefully before entering into such agreements and some of the reservations they made had to do with issues of constitutionality.

Regarding the impact of reservations on the implementation of the Convention, they were generally not drafted with the objective of having a particular impact on the implementation of the provisions on a national basis. Reservations could also be used to avoid politicization of a particular article by another country.

Regarding the national action plans for women and the assessment of their effectiveness, the delegation said they had been prepared within the scope of the gender equality project and the implementation of these plans was followed and assessed by the General Directorate of the Status of Women. As of now, the delegation did not have details of the results of these assessments which were regularly made by the Directorate, but it was being done. The delegation had contacted the capital to get this information, but because the global summit on women was currently taking place in Turkey, the Directorate might not get back to them with the information right away.

Domestic violence was a scourge that the State was trying to combat and they had taken numerous measures, including legal, legislative, educational and awareness-raising to combat the problem and these programmes were directed at all segments of society.

The State was also doing its best to address the low participation of women in the workforce by encouraging young women to attend school, including via awareness-raising campaigns in the form of public service announcements on television and other media outlets. Turkey did not have an equal rights law, but it was working on a draft law to establish equality boards. The law on these boards would essentially constitute an equality life. Currently, there were no quotas for women for political parties in Turkey. The number of female participants for next year’s election was more than the last election, but they still had work to do.

Regarding the question on forced labour of prisoners, detainees in prison did have the possibility of working. It was a right extended to them and in no case were they forced to work. They were paid for this work and the work was voluntary. It was possible to be imprisoned for unlawful strikes, but this was becoming increasingly rare nowadays since the constitutional reform offered tangible improvements in the right to strike and lockouts.

The imprisonment of journalists had been of concern recently and it had been the focus of international observers and had made international news. Some journalists who had been put in prison had been accused of being part of terrorist organizations and not because of their work as journalists. The delegation hoped that these accusations would be proved or disproved in a timely manner and the Government had acknowledged that there could be a lengthy pre-trial detention before trials and the State realized it needed to address the slowness of the justice system.

Like other States, Turkey had been affected by the global economic crisis, but there had been a slight improvement in the unemployment rate in 2010. There was a commitment to fighting unemployment in both the government party and the opposition party and politicians on both sides attached great importance to this issue and it had become an important campaign issue in the lead up to next year’s elections.

The delegation said workers under 16 received a certain minimum wage, whereas people over the age of 16 received different compensation. It was mandatory for children to attend school for 8 years and until the age of 15 so some students finished school at 15 years old. For children under this age who worked, this referred to children who worked during their school vacation and worked with their families on farms and in family businesses. There was talk about extending the number of years of mandatory schooling from 8 years to 11 years. The minimum wage in Turkey compared to national income levels was on par with that in European countries. The minimum wage was established after detailed consultations with employee representatives and other stakeholders. Minimum wage levels were also regularly increased and this enabled those people who received this wage to increase their purchasing power.

Collective bargaining was guaranteed to civil servants and other public officials via amendments made to the constitution. The European Court of Human Rights also required countries to recognize the rights to collective bargaining, freedom of assembly and strikes. Sexual harassment in the workplace was criminalized in the criminal code and the labour code, and even though at this point they did not have concrete examples of court cases they could point to utilizing these laws they could confirm that there were a great number of court cases that had been considered on this subject. This was unfortunate, but it showed that when these types of violations occurred there were ways to address them and courts were giving them due consideration.

The delegation said that the old process for obtaining a work permit had been difficult, but the State had improved, and continued to improve, the situation by enabling foreign workers to apply for work permits electronically which had facilitated the process and enabled foreigners applying for permits to accomplish all the required steps in less than one month. The six month waiting period had been reduced to one month and other measures to reduce bureaucracy in the application of work permits had also been undertaken.

Turning to the issue of “brain drain” in Turkey, the delegation did not have concrete information on government policies against this phenomenon, but it was an issue decision makers felt needed to be addressed. There had been some positive developments such as third generation Turkish immigrants in Western Europe deciding to return back to Turkey to work in conditions that they felt were better than what they experienced in other countries. This reflected the improved quality of life in the State.

Questions by Experts

In follow-up questions, a Committee Expert asked if the delegation could provide the number of sexual harassment cases and investigations that had been brought before the criminal or labour courts. Also, could the delegation provide date on employment quotas for people with disabilities? Another Expert asked for clarification on the employment rules for children. There were some exceptions that allowed a child as young as 14 to go to work. Could the delegation explain these exceptions?

Response of Delegation

Students who had finished their eight years of compulsory education could start working in apprentice positions in small enterprises. This exception in the law enabled young, successful students who perhaps had started their education earlier than others and may have studied in technical institutes to start training programmes. It should not be assumed that they were working in horrible or difficult conditions. The conditions were adjusted based on the fact that they were children and this was also why they earned less money. If any employer abused this law, necessary measures would be taken against them.

Questions by Experts

In another round of questions and comments, Committee Experts noted that some of these public works projects such as dam building could result in a loss of cultural heritage and patrimony. Was there updated, disaggregated data on sanitation in the country? The right to sanitation and water was closely linked to the right to health. What was being done to advance access to reproductive and sexual health services as well as mental health services? What was being done to provide health services to refugees and asylum seekers, particularly children? How affordable and accessible was healthcare?

Another Expert asked about the prevalence of early marriages in certain parts of the country and what measures were taken to address these practices? What statistics did the State have on the worst forms of child labour in the country and what was done to address this issue? What were the penalties, fines or punishments for domestic violence? What type of social protection, benefits and assistance did the State provide to the elderly?

Another Committee Expert returned to the issue of dam building in the country and the protection of the rights of people who were displaced by such projects. The resettled families were only entitled to the value of their land that was lost, not the replacement cost of the land. So those families were often forced to take out loans to make up the difference between the value of their property that was expropriated and the cost to buy new land. How did this raise the standard of living of those people as asserted in the State party report if they had to go into debt to replace their property? Why did certain parts of Turkey have such high rates of poverty and what was being done to address this?

How many people had been prosecuted under domestic violence laws? Did people with disabilities have access to shopping centres, parks, schools and other areas of public life? How close was the State to adopting universal healthcare, as there were numerous people who had no insurance coverage at all? Did foreigners, both legal and illegal, have access to healthcare? There were also high rates of suicide among young women and what was being done to combat this phenomenon?

Did poverty reduction plans incorporate economic, social and cultural rights? What was being done to eradicate child poverty and poverty in rural areas? Could the delegation provide disaggregated data in the next periodic report on adequate housing and homelessness? It appeared that forced evictions were taking place in breach of the Committee’s general comment number 7. Could the delegation enlighten the Committee on this issue?

Did the State monitor textbooks for stereotypical representations of women, what was done to increase access to education in rural areas for women and girls, and was there a programme for reproductive health education? How did the Government make sure that private schools complied with State requirements and standards? Did Turkish schools offer a school leaving diploma upon completion of secondary school, such as the baccalaureate, that allowed students to go on to college? Was higher education offered in foreign languages or only in Turkish? In rural areas, schools were quite far away from where students lived and they weren’t within walking distance so was anything being done to remedy that situation? What was the status of the headscarf ban and was there reverse discrimination against students who did not wear headscarves? It seemed that there was a policy of assimilation for students in schools and why were some minorities denied the possibility of having their own schools like the Greek, Armenian and Jewish communities? Urbanization projects had left many Roma displaced and their children unable to go to school. Was there a policy to combat discrimination against Roma children in school? Had the State taken on board the Committee’s General Comment on the right to education? What was the status of the reservation to article 13 of the Covenant, the right of parents to educate children in their religious convictions?

Response of Delegation

Responding to questions raised by Committee members, the delegation began by saying that since 2008 asylum seekers and stateless persons were provided with social assistance and health services within the framework of these social services. Victims of trafficking, illegal migrants, refugees and asylum seekers were taken care of by social insurance or by the Social Support Department of the Prime Ministry. Regarding healthcare for prisons, the delegation said in larger prisons there were full time doctors present who provided healthcare when needed. In smaller establishments, there might not be full time doctors working there, but there were weekly visits by doctors so that all prisoners received the health services they needed. For emergencies, all prisoners could be sent to hospitals for urgent care.

On the question of early marriages, this was an issue which had been discussed in many fora, but there was no ambiguity in their legislation on this subject. The legal marriage age was 18 years of age. People who were 17 could get married with their parents’ authorization. People who were 16 years old would have to get a court order to allow marriage, while those under 16 could not get married under any circumstances. The State envisaged making forced marriages an offence, but this was a project that was underway. Currently, early and forced marriages were prosecuted as sexual abuse. As for figures, in 2009 there were 307 attempts to marry young children. The number of people found guilty of this charge was 272. The attempts to marry young people were diminishing. If Turkish persons living abroad applied to Turkish consul generals to get married then the Turkish law regarding marriage age was applied. However, in many cases the priority for persons living abroad was to get married under the local conditions and laws, so the local laws applied. For many countries where Turkish citizens lived they had to get married locally and then come to the Turkish consul general to register their marriages and this was done in line with the laws of the host country.

Turning to child labour, the delegation said that this issue was one which Turkey took very seriously and addressed in the most adequate possible manner. In 2006 the International Labour Organization declared that Turkey was one of the three best countries in combating child labour. Some negative reports had been issued, but this had only strengthened their efforts to combat this problem.

The delegation said that the national action plan on domestic violence included legislative, administrative, penal, educational and awareness raising measures. There were also 62 shelters for abused women in the country. The State worked with non-governmental organizations to implement the national action plan as well as the General Directorate for the Status of Women. Domestic violence was criminalized under article 86 of the penal code which provided penalties for physical violence against family members. In 2009 there were more than 526 complaints concerning domestic violence and 266 of those people involved were found guilty. In 2010 there were 556 complaints and 148 people were found guilty.

Turning to pensions for the elderly, the delegation confirmed that the amount provided to older people was limited. There were efforts to increase the pensions. Elderly people with disabilities received more money, which still might not be sufficient. The social security system provided benefits to 61.5 million people in Turkey out of a population of 73 million people. So a large percentage of the population benefited from social services.

In terms of assessing the effectiveness of national action plans on gender equality and the status of women, the General Directorate for the Status of Women conducted these assessments, whose results the delegation did not have readily available. In terms of honour killings, article 82 of the penal code provided for aggravated life imprisonment for honour crimes which represented gross human rights violations which could not be justified on cultural or religious grounds whatsoever. An honour killing represented an aggravating circumstance as opposed to an “ordinary” murder. Before the penal code reform in 2005, an honour killing was considered a mitigating factor. In 2009 there were 23 complaints of honour killings in which 16 people were killed; 20 people were found guilty out of the 23 cases.

Numerous questions had been raised about the construction of dams, and the delegation said that the Government had initiated larger investments to producing environmentally friendly energy and contributing to the economic development of underdeveloped regions of the country. This being said, of course the need to help a region economically could not be an excuse for not respecting the rights of individuals who might suffer from the construction of a dam. There had been attempts to reach mutual agreements with people who would be affected by construction of the dam, but they had clearly been unable to satisfy everyone affected. The main objective was to increase the economic, social and cultural rights of people in underdeveloped regions of the country. In terms of speedy expropriation of property, people could turn to the courts for remedy and administrative courts had been known to stop these expropriations saying they infringed on the rights of people.

The Civil Code of Turkey did not have any direct relationship with Sharia law. However, there was a provision in the Civil Code that required a woman who was divorced to wait 300 days before she could marry someone else to ensure that she was not pregnant with her ex-husband’s child before marrying someone else. This element of the code had the aim of protecting children during a divorce. One had to have a civil marriage before a religious marriage. A civil marriage was required in the country and people who wanted to could have a religious marriage after that.

People with disabilities were a priority concern for the State party and the delegation recognized they had shortcomings in this area. Last year was declared the Year of Accessibility for Disabled Persons and as part of this year it was stipulated that by 2012 all public buildings and surrounding areas as well as public transportation would be made accessible to people with disabilities. The delegation was not sure the State party could achieve this goal by 2012 in every part of the country.

Regarding suicide among young women, the Government was aware of this problem and making the necessary efforts to address it. Within the framework of efforts made to combat honour killings and other violence against women, psychological help was provided to women when needed.

Within the context of the national action plan for 2011-2015, there were measures and programmes established to address child poverty in the country. In terms of detailed data on those with urgent housing needs, the delegation was unable to obtain more recent or more detailed statistics than what was provided in the report. They would endeavour to provide more detailed analysis in their next report. The delegation also did not have the latest figures for the effectiveness of their campaign to increase school enrolment, but they had experienced improvements in the percentage of young children attending school. Low income children were provided with school books and transportation to school so that economically disadvantaged children benefitted from the right to education. Rural children were provided with transportation to school if there were not schools in their villages or nearby. The Ministry of Education constantly reviewed and improved school books to remove gender stereotypes. There was no discrimination in access to education, but the fact remained that attendance rates for girls were lower than that of boys. All schools, be they private or public, were subject to oversight by the Ministry of Education so this ensured they were not used for purposes other than education. All employees of private schools were also subject to oversight and verification by the Ministry of Education. Private schools had to teach the same curriculum as public schools and this was a further guarantee that these schools could not abuse their rights. Students with headscarves could attend university courses and a great majority of colleges allowed students wearing headscarves to attend. The delegation had never heard of reverse discrimination against pupils who did not wear headscarves.

The delegation said Turkey provided rights to Kurds which were not limited to issues related to anti-discrimination. Turkey had enabled Kurdish language courses and radio and television broadcasts in Kurdish, so if Turkish citizens of Kurdish origin had further requests concerning economic, social and cultural rights this could be discussed. Politicians would discuss any request coming from any group. This willingness showed that Kurds and other ethnic or linguistic groups in Turkey did not primarily need to be defined as minorities to benefit from all the rights they deserved. In no case was there an attempt at assimilation or negation of cultural identity.

Questions by Experts

In follow-up questions, a Committee Expert noted it did not take 300 days to determine whether a woman was pregnant so why did she have to wait to get remarried? In terms of honour killings, what were the actual penalties handed down? This scourge would only end when penalties were harsh. Were there any ongoing campaigns to publicize the ills of early marriages and domestic violence? What happened when people were married in a foreign country whose laws were in conflict with the laws of Turkey? Would the Turkish consulate still register this marriage even if one of the people was below the legal marriage age, for example?

Another Expert asked whether it would not be more fair for anyone with a high school diploma to be admitted to college, rather than having to take additional exams to qualify for entry. In terms of domestic violence, an Expert said it was all well and good to have shelters for women but ultimately they needed to change the violent behaviour of those aggressors so were there any programs to change these attitudes and behaviours toward women? Also, what was being done to improve the economic empowerment of women so that they had the economic means to leave abusive relationships and did not stay with their abusers because they could not afford to leave.

Response of Delegation

The delegation said it was true that there was no need to wait 300 days to determine if a woman was pregnant or not before she remarried, which was why courts now had the possibility to authorize marriages without this waiting period. Concerning the origin of this article in the Civil Code, it could be that this was a vestige of some rule during the Ottoman Empire that was similar to Sharia law and which was incorporated into their Civil Code. Penalties for early marriages ranged from six months to two years and marriages for people under 16 years of age was considered sexual abuse.

The university entrance exam was open to everyone and it was applied across the board to everyone and administered under the same conditions for everyone. So while it did create extra stress for young people, the State party had not found a more fair way to administer university entrance.

In terms of relocations for dam reconstruction, affected people were offered relocation in the area with the opportunity for new land and access to water. This did not always provide full compensation to victims and ways should be found to ensure they were fully satisfied.

All Turkish citizens should have the full enjoyment of the economic, social and cultural rights independently of them being defined as a minority. So even if Turkey was unable to modify its definition of minorities, they would endeavour to promote and protect the rights of all citizens. Any national human rights institutions that were set up would take into consideration all groups who needed assistance achieving their economic, social and cultural rights including ethnic, linguistic and other minorities. The fact that they were not defined as a minority would not prevent the national human rights institutions from promoting and protecting their rights.

Concluding Remarks

In concluding remarks, ALI ONANER, Head of the Human Rights Department at the Ministry of Foreign Affairs, thanked the Committee members for the dialogue. This was the first opportunity for Turkey to present a report before the Committee and the delegation had tried to provide the most adequate and detailed information they could. He hoped this was satisfactory for the Committee members and all the information they had gleaned would be seriously considered before the presentation of the next report, but not limited to that. The concluding observations from the Committee would enable them to raise awareness about the Convention and the work of the Committee in Turkey and how the Committee could contribute to Turkey’s better protection and promotion of all human rights.

Also in concluding remarks, ARIRANGA PILLAY, Committee Chairperson, thanked the delegation for their useful dialogue with the Committee. He hoped the dialogue would continue and be enhanced in the future. The concluding observations would be released on Friday, 20 May.

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For use of the information media; not an official record