The Council of Europe’s Commission against Racism and Intolerance published its 5. report on Turkey, 4 October 2016

The Council of Europe’s Commission against Racism and Intolerance published its 5. report on Turkey, 4 October 2016

The Council of Europe’s Commission against Racism and Intolerance (ECRI) published its fifth report on Turkey in which it analyses recent developments and makes recommendations to the authorities. While noting positive institutional and legal changes, ECRI expressed concern over the deterioration of conditions of such vulnerable groups as refugees, Kurds, Roma, as well as LGBT persons.

On the positive side, in its report ECRI welcomes the establishment of the Ombudsman Institution in 2013 and of the Human Rights and Equality Institution in 2016. It highlights that also in 2016, the authorities enacted a comprehensive anti-discrimination legislation, launched a national strategy for Roma and an “open-door” policy for Syrian refugees, including on issuing work permits.

However, ECRI expresses concern over the lack of independence of the Human Rights and Equality Institution and the recently established Law Enforcement Oversight Commission. It notes that hate speech is on the rise, most of it goes unpunished and its increasing use by the senior state representatives is particularly worrying.

ECRI reports that despite huge efforts, at least 400,000 refugee children do not have access to school, and by the end of 2015 only 7,400 refugees had received work permits. Among the Roma, the rates of school enrolment and formal employment are low. Since the renewed security operations in 2015, the situation of the Kurds has sharply deteriorated. Prejudice against LGBT persons forces them to “stay invisible”, as neither the Criminal Code nor the draft anti-discrimination law provide them with basic protection.

In its report, ECRI issues a number of recommendations to the Turkish authorities. ECRI highlights the two following recommendations to be implemented as a matter of priority by saying that it will follow up on their implementation in two years:

  • To bring the anti-discrimination legislation and the provisions on the independence and mandate of the new Human Rights and Equality Institution in line with ECRI’s standards;
  • To entrust a body that is fully independent of the police, other security forces and the prosecution services with the investigation of alleged cases of police misconduct including ill-treatment.

The report, including Government observations, was prepared following ECRI’s visit to Turkey in November 2015 and takes account of developments up to 17 March 2016.

“Although the report was drafted before the coup attempt in July 2016, it contains recommendations to the Turkish authorities which are fully relevant today” said the Chair of ECRI, Christian Ahlund. He mentioned that hate speech should be properly combatted and hate crime offences adequately investigated; and the hate speech legislation should not be abused to silence vulnerable groups.”

ECRI is a human rights body of the Council of Europe, composed of independent experts, which monitors problems of racism, xenophobia, anti-Semitism, intolerance and discrimination on grounds such as “race”, national/ethnic origin, color, citizenship, religion and language (racial discrimination). It prepares reports and issues recommendations to member States.

Please click to read the 5. ECRI Report on Turkey in English. 

Please click to read the 5. ECRI Report on Turkey in Turkish. 

Please click to read the 5. ECRI Report on Turkey in French.