CSO Workshop on Advocating for Freedom of Assembly

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1 16 CSO Workshop on Advocating for Freedom of Assembly 11 February 2015, Ankara Introduction This activity was organized in the context of the objectives CSOs active participation to policy making and legislation and improvement of legislative framework that has implications on the realization of the mission of CSOs under TACSO Project. Besides its relationship with the primary mission of many CSOs and civil movements engaged in this area, the issue of the right to peaceful assembly is also critical in terms of fundamental rights, which have its specific importance for Turkey s EU accession. Specific objectives of the workshop can be summarized as follows: having CSOs working in different thematic areas share their opinions and recent work in relation to arrangements envisaged by the Internal Security Reform Package in the agenda of the National Assembly; addressing possibility of CSO partnerships related to the right to peaceful assembly and demonstration; participating to related legislative processes and investigating opportunities for joint CSO action in monitoring the implications of the bill. Participants The CSO Workshop on Advocating for Freedom of Peaceful Assembly was attended by 30 representatives from 24 CSOs/civil initiatives working in different fields including human rights, women s rights, LGBT rights, child rights, rights of the disabled, democracy and environment. Highlights in Discussion The CSO Workshop on Advocating for Freedom of Peaceful Assembly proceeded through different sessions where participants discussed opinions and experiences related to the Internal Security Reform Package which was then in the agenda of the TBMM (Grand National Assembly of Turkey). Following opening remarks, participants gave brief information about their respective organizations and their work related to the draft bill if any. Feray Salman from the Human Rights Joint Platform (IHOP) was one of the speakers of the first panel discussion. Salman stated that the draft bill on internal security included many proposals that would have their negative implications on a variety of areas related to rights. As İHOP, they first started their work in this area back in 2007 when the Act on Police Duties and Authorities, which entitled further discretion to security forces in resorting to force and using weapons, was debated. She said they are engaged in work related to the draft at both collective and individual levels. Salman reminded their efforts in 2007 against the bill on police duties and authorities, which was re- introduced that year after having been annulled by the 1

2 26 Constitutional Court in In the campaign they conducted in 2007, they looked for 110 parliament members to appeal to the Constitutional Court, but the initiative did not succeed. The campaign was for the annulment of the bill that violated many rights including the security of the electorate, immunity of domicile, right to privacy and freedom of association. In spite of all efforts the bill was adopted, increasing the authority of security forces to use weapons. After mentioning international standards related to the right to peaceful assembly, Salman pointed to gaps in Turkey in this respect and stressed that, from human rights perspective, it is one of the rights most frequently violated in the country. Salman then gave brief information about provisions that states committed to safeguard the right to peaceful assembly have to observe. She underlined that Turkey is a part of the system of human rights at both regional and international levels having ratified eight out of nine UN Human Rights Conventions and thus under the obligation of reflecting these in her domestic legislation under the Constitutional Article no. 90. After Feray Salman s presentation, Oya Aydın, lawyer, took the rostrum on behalf of the Women s Coalition to examine legal aspects related to the internal security bill. Aydın stressed that the present bill is the worst of all drafts proposed so far. She said there was a distance already covered in 2007 on the way leading to a police state while the present bill intends to completely phase out the judiciary and leave freedoms and safety to the discretion of security forces. The minimum requirement for any constitutional state is leaving offences and penalties to the judiciary. However, the new bill transforms judiciary action into administrative action and authorizes provincial governorates to prosecute. In her presentation Aydın also gave information about amendments that need to be made in 21 other legislative acts in case the bill is adopted. She stressed that these amendments will have negative implications particularly for women and LGBT persons. Aydın said the most striking amendment is intended to be made in the law on assembly and demonstration marches after which all participants to such activities will have to take the risk of being imprisoned. The next speaker was Nalan Erkem from Helsinki Citizens Assembly, the leader of regional project Claim supported by EU focusing on human security. Erkem started by mentioning about the new and individual- centred concept of security in the world replacing the traditional, state- centred concept of security. The concept of security flourishing with the cold war placed nation- state at the centre and it became clear in the course of time that this concept was detrimental to individuals, communities and minorities, a fact that was admitted with a UN report in Erkem referred to the emergence of a new perception of security in our day bringing and addressing together the concepts of individual, national and global security. Today, there is need for a global solidarity and global actions to revoke from States the authority to determine security policies and translate into life a human- centred security policy in all countries. Erkem said an effective struggle in Turkey against the Internal Security Reform Package has to be waged from this perspective. Erkem said the individual- centred approach to security is capable of eliminating threats to individuals without violating rights and freedoms and it entails the development of global solutions that place individual 2

3 36 at the centre under all circumstances. Erkem added that the draft bill on internal security was prepared on the basis of the old state security ignoring and even intending to do away with human rights. For detailed information about Helsinki Citizens Association s EU supported regional project Claim: Citizens Network for Peace, Reconciliation and Human Security visit: After presentations, participants held a discussion session focusing on the following: Threats that the draft bill poses to respective CSO activity areas; experiences of CSOs with public administration and security; and what they have witnessed so far in this regard. It was one of the points raised during discussions that recent unduly carried out administrative and financial inspections targeting rights- based organizations in particular and fines imposed despite the absence of any irregularity is intended to discredit CSOs. Participants agreed that the new policy by the state is based on defaming CSOs before the public and thus depriving them of their support networks. It was underlined that such practices of the public administration should be reported and not be allowed to lead to the isolation and exclusion of human rights defenders. After lunch, participants divided into 4 groups to discuss the ways of preventing the adoption of the bill, what can be done, when, with whom and with which means in case it is adopted and possibly launching a campaign. The workshop provided a ground for sharing on- going CSO activities and statements including the following: Women s Coalition ( guvenlik- yasa- tasarisi- ile- guvenligimiz- buyuk- tehdit- altinda/) Balance Supervision Network ( Guvenlik- Keyfi- Guvenlige- Donusur- mu) Human Rights Foundation of Turkey ( insan- haklari- vakfinin- tihv- yeni- ic- guvenlik- paketinin- elestirisi/ ) Human Rights Association ( 77/genel- merkez/2937- hukuk- devleti- icin- ic- guvenlik- yasa- tasarisi- geri- cekilsin.html) Workshop participants were also supplied publications by the TİHV, Helsinki Citizens Assembly, İHOP and TACSO. Following the workshop, The Amnesty International launched a campaign pledge No to Internal Security Reform Package The Agenda Child Association launched a press statement guvenlik- yasa- tasari- yasalasirsa- cocuk- olumleri- ve- tutuklu- cocuk- sayisi- artacak/ The Ecology Collective made two public statements 3

4 46 guvenlik- paketi- kent- ve- ekoloji- mucadelelerini- neden- ilgilendiriyor/ Annexes Annex 1: Workshop Agenda Annex 2: List of Participants ANNEX- 1 Workshop Agenda 09:00 09:30 Registration 09:30 09:45 Opening and Introductions 09:45 11:35 Panel Session: What does the Security Pack mean for CSOs? - Efforts in Turkey and International Standards Related to the Right to Peaceful Assembly (Feray Salman, IHOP) - What Kind of Arrangements are ıncluded in the security Pack) ( Oya Aydın Lawyer) - Security Pack from the Point of Human Safety and Security (Nalan Erkem- Hyd) - Questions and Answers 11:35-11:50 Coffee Break 11:50 13:00 Discussion Session: What does the draft bill bring with respect to the work of CSOs? 13:00-14:00 Lunch 14:00 15:30 Discussion Session: Possible Partnerships between CSOs in the Process of Enactment of the Security Pack 15:30-16:00 Coffee Break 4

5 56 16:00-17:30 Discussion Session: Common Strategies that may be Adopted by CSOs in Monitoring and Safeguarding Fundamental Rights if the Security Passes 17:30-18:00 Closing Session ANNEX- 2 List of Participants No CSO Field of Work 1 Mersin İHD (Human Rights Association) Human Rights 2 Akyaka Solidarity Environment 3 Human Rights Foundation of Turkey (TİHV) Human Rights 4 Network for Combating Commercial Sexual Exploitation of Children (ÇTCS) Child Rights 5 Helsinki Citizens Assembly Initiatives for Democracy and Peace 6 Human Rights Joint Platform Human Rights 7 Civil Society in the Penal System Association (CISST) Human Rights 8 Women's Coalition Women s Rights 9 Pink Life LGBTT Solidarity Association LGBT Rights 10 Civil Society Development Centre Civil Society Development 11 Association for Supporting Female Candidates Women s Rights 12 Equal Rights Monitoring Association Discrimination 13 Ka.DER Ankara Women s Rights 14 European Union Delegation to Turkey EU institution 15 Ecology Collective Environment 16 Amnesty International Human Rights 17 Initiative for Women s Labour and Employment (KEİG) Women s Rights 18 CIVICUS Freedom of Expression and Association 19 Agenda Child Child Rights 20 Turkish Foundation for Education of and Solidarity with the Disabled (ÖZEV) 21 Association for Solidarity with Youth Deprived of their Liberty ( Öz- Ge Der) Rights of the Disabled Child Rights 22 Kaos GL LGBT Rights 23 Human Rights Association Human Rights 24 Network of Lawyers Working for Child Rights (ÇAÇAv.) Child Rights 5

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CSO WORKSHOP ON CIVIL SOCIETY PARTICIPATION TO THE DRAFTING OF THE LEGISLATION ON ANTI DISCRIMINATION AND EQUALITY 23 December 2014, Ankara

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