1442643* Cerd/C/Tur/4-6
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United Nations CERD/C/TUR/4-6 International Convention on Distr.: General 17 April 2014 the Elimination of All Forms of Racial Discrimination Original: English Committee on the Elimination of Racial Discrimination Consideration of reports submitted by States parties under article 9 of the Convention Combined fourth to sixth periodic reports of States parties due in 2013 Turkey* [Date received: 10 February 2014] * The present document is being issued without formal editing. GE.14-42643 *1442643* CERD/C/TUR/4-6 Contents Paragraphs Page I. Introduction............................................................................................................. 1–9 3 II. Information on specific articles............................................................................... 10–78 4 Article 1 ............................................................................................................... 10–23 4 Article 2 ............................................................................................................... 24–63 6 Article 3 ............................................................................................................... 64–65 15 Article 4 ............................................................................................................... 66–77 15 Article 5 ............................................................................................................... 78 17 III. Information grouped under particular rights ........................................................... 79–139 18 A. The right to equal treatment before the tribunals and all other organs administering justice....................................................................................... 79–86 18 B. The right to security of persons and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution ......................................................................................... 87–97 18 C. Political rights................................................................................................. 98–102 20 D. Other civil rights............................................................................................. 103 21 E. Economic, social and cultural rights............................................................... 104–139 21 IV. Information by relevant groups of victims or potential victims of racial discrimination 140–176 25 V. Information on articles 6 and 7 of the Convention.................................................. 177–211 30 Article 6 ............................................................................................................... 177–191 30 Article 7 ............................................................................................................... 192–211 33 2 CERD/C/TUR/4-6 I. Introduction 1. Turkey has the honour to present its fourth, fifth and sixth periodic reports in a single consolidated document to the Committee on the Elimination of Racial Discrimination on the legislative, judicial, administrative and other measures which give effect to the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter referred to as the Convention), in accordance with article 9 thereof. 2. The report, which contains data from 2007 until 2013 inclusively, has been prepared under the coordination of the Ministry of Foreign Affairs with the contribution of the relevant ministries, public institutions and Parliamentary commission. 3. Turkey is fully committed to the fight against racism and racial discrimination as defined in the Convention. With this understanding, Turkey became party to the Convention in 2002 and incorporated sound and effective measures into its legislation with a genuine commitment to combating racial discrimination. 4. In its instrument of ratification, Turkey made two declarations and one reservation. In this respect, with regard to paragraph 8 of the Concluding Observations of the Committee of 2009 CERD/C/TUR/CO/3 (hereinafter referred to as the Concluding Observations of the Committee), the Turkish Government is of the view that its declarations and reservation are permissible under international law and compatible with the object and purpose of the Convention. The Government has not announced any decision to withdraw any of its existing declarations or reservation to the Convention. 5. The constitutional system of Turkey is based on the equality of all individuals without discrimination before the law, irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such considerations (Article 10 of the Constitution). 6. In line with the fundamental principles of equality and non-discrimination, every Turkish citizen is considered an integral part of the nation. Diversity is the source of richness of Turkish society. 7. Concerning paragraph 9 of the Concluding Observations of the Committee whereby Committee regrets the lack of statistical data in the report of Turkey on the ethnic composition of its population, the Turkish Government would like to reiterate that it does not collect, maintain or use either qualitative or quantitative data on ethnicity. It is believed that this is a sensitive issue, especially for those nations living in diverse multicultural societies for a long period of time. Diversity has deep roots in Turkey. Hence, Turkey has focused on commonalities and common aspirations in the legislative and policy framework, rather than measuring differences and making policies thereon. 8. As a testimony to Turkey’s commitment to further strengthening human rights and freedoms, yet another “democratization package” was unveiled on 30 September 2013 which proposes comprehensive reforms for improvement and enjoyment of a wide- spectrum of civil and political rights for citizens of Turkey from all walks of life. Relevant provisions of these reform proposals are introduced throughout the report. 9. Information concerning the recommendations contained in the Concluding Observations of the Committee is presented throughout the report. 3 CERD/C/TUR/4-6 II. Information on specific articles Article 1 1. Definition of racial discrimination in domestic law and the Convention Definition of racial discrimination in domestic law 10. Article 90 of the Turkish Constitution states that international agreements duly put into effect bear the force of law and directly become a part of Turkish domestic legislation. As such, when approved by the Turkish Parliament on 16 October 2002, the Convention became an integral part of Turkey’s national legislation and the definition of racial discrimination laid down in the Convention is directly applicable in Turkey and can be invoked before Turkish courts. In case of conflict with the provisions of the national laws on the same matter, international agreements in the area of fundamental rights and freedoms, e.g. the Convention–prevail. 11. The constitutional system of Turkey is based on the equality of all individuals without discrimination before the law, irrespective of “language, race, color, sex, political opinion, philosophical belief, religion and sect, or any such considerations” (Article 10). By referring to “or any such considerations”, the Constitution grants the judiciary wide discretion on its judgment of cases of inequality before the law. 12. Existing Turkish legislation – namely the Constitution, penal code, civil code, labour law, civil servants law, law on political parties, law on the execution of penalties and security, basic law on national education, law on the establishment of radio and television enterprises and their media services, law on social services, law on the establishment of ombudsman, law on the establishment and duties of the Turkish Football Federation, law on prevention of violence and disorder at sport, law on the establishment and duties of the Ministry of Foreign Affairs, Turkish Armed Forces discipline law – provides for prohibition of and protection against discrimination and racism. (For discussion of constitutional provisions and laws providing protections against racial and ethnic discrimination, please see discussion under Article 2.). 13. With regard to paragraph 17 of the Concluding Observations of the Committee concerning the absence of a comprehensive anti-discrimination legislation as well as paragraph 11 regarding the absence of prohibition of all the grounds of discrimination stated in Article 1 of the Covenant, relevant Government institutions drafted a comprehensive anti-discrimination legislation which covers the prohibited grounds of discrimination set out by Article 1 of the Convention. The draft “Law on Anti- Discrimination and Equality” is before the Office of the Prime Minister. 14. According to the Draft Law, the prohibition of discrimination is laid down to include discrimination based on sex, race, color, language, belief, ethnic origin, philosophical or political opinion, social status, marital status, state of health, disability or age. The prohibition shall be binding on the legislative, executive and judicial authorities as well as all natural and legal persons. In cases of violations, the public authorities who have been entrusted with the task and authority in such matters are under the obligation of taking the necessary measures to end such violations, eliminate their consequences, prevent recurrence and conduct judicial and administrative