Barriers To Freedom
Of Association Of Associations
In Turkey
Executive Summary Of Findings Of The Preparation Of Methodology For The Monitoring Of Freedom Of Association In Turkey Project
“This publication has been produced with the assistance of the Europe
an Union. The contents of this publication are the sole responsibility of TÜSEV and can in no way be taken to re
flect the views of the European Union.”

BARRIERS TO FREEDOM OF ASSOCIATION OF ASSOCIATIONS
IN TURKEY
Executive Summary Of Findings Of The Preparation Of Methodology For
The Monitoring of Freedom of Associatıon in Turkey Project
Freedom of association is one of the most important issues of civil society. Recently completed, the European
Union’s European Instrument for Democracy and Human Rights (EIDHR) funded and supported “Preparation of
Methodology for the Monitoring of Freedom of Association in Turkey Project”, studies the limitations to freedom
of association created by deficiencies in the law, in the application of the law, and by other means. The project
was implemented by the Third Sector Foundation of Turkey (TUSEV) in cooperation with the Civil Society Devel-
opment Center Association (STGM).
In the scope of the Project, a comprehensive report has been drafted in order to identify the barriers to freedom
of association. The report is made up of two parts: the first contains the study titled The Evaluation of the Associa-
tions Law through the Perspective of Freedom of Association. The second, titled Monitoring Assessment Report
contains the results of the pilot monitoring mechanism created and implemented after a series of national and
regional workshops involving civil society representatives and experts i
n the field.
As it’s already known, one of the most fundamental duties of democratic movements is to protect equal citizen-
ship, freedom of thought and individual rights and freedoms. In line with this, the ability of individuals to freely
unite around a common cause is a fundamental democratic right. Freedom of association, in this context, is the
transition from an individual right to a collective right which empowers and enhances democracies. In such envi-
ronment, civil society organizations are the vital voice of participator
y democracy.
Due to this fact, in developed countries, when discussing the debt of democracy, freedom of association and
civil society are used as a criterion. Additionally, pluralism and participation are among the important param-
eters of right to association. It is hard to talk about democracy in a society, if that society does not give value to
such concepts.
This study shows that laws that are designed to protect equality and freedoms actually do not fulfil their in-
tended purpose and that there is a general misperception among the public about the meaning of this problem.
The reason for this is that these fundamental concepts are not understood through an objective and scientific
perception and there is a heavy volume of laws which are prone to quick and unexpected change. Addition-
ally, the inconsistent application of the law to differing situations all proves to be a serious impediment to
freedom of association.
Any formalities, conditions, restrictions, and punishments developed in this context should not conflict with
democratic values and legitimate claims. All parts of society must accept that the framework of freedom of as-
sociation described in the Constitution and in international documents are a fundamental right that allows for a
free and vibrant civil society.
The 1982 constitution and related laws drafted immediately after the 12 September Military intervention reflects
an antidemocratic perception in which individual freedoms are viewed as a threat to the continuity of the state.
Constitution, Law on Political Parties, Law on Trade Unions, Foundations Law, Associations Law, Law on Meet-
ings Demonstrations and others clearly displays how civil society is seen as a potential threat and should be
kept in order.
This perception is not present in the law alone but can easily be seen in other parts of society. Association and
the right to association are concepts that are unconsciously questioned in terms of their legitimacy. The socio-
psychological environment created by the 12 September military intervention generated and spread the fear
that any kind of organization will inevitably lead to lawlessness and anarchy and that organized individuals
will unavoidably divide into separate political camps leading to severe polarization. So, associations have been
viewed as establishments, if left alone, would engage in harmful activities and therefore should be subject to
certain limitations.
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The judiciary has also been affected by this suspicious environment; both lower and higher courts have been
interpreting the already restrictive laws against individual rights and freedoms. As a result of all of this, closure of
political parties, trade unions, foundations and associations has become
a routine phenomenon.
This restrictive and suspicious form of governance has been operating quite isolated from rest of Europe and
European institutions until Turkey was brought before the European Court of Human Rights. The Court has
repeatedly found Turkey guilty especially in party closure cases. Turkey’s second “encounter” with Europe has
been during the European Union (EU) accession process where legal reforms became a necessity to satisfy the
Copenhagen criteria.
Soon after, Turkey started to see the fruits of the accession process; many of the laws and regulations limiting the
right to association were reviewed and revised. During this time, Associations Law which is of great importance
for associations went through a comprehensive revision in 2004. The report prepared under this project evaluates
the amended version of the law.
In addition, the project developed a pilot monitoring mechanism after a series of regional and national workshops
involving civil society representatives, experts and public officials. All of these efforts aim to develop effective
means to monitor freedom of association with support from both civil society and the public sector. Results from
the surveys that were handed out throughout the implementation phase of the project makeup an important part
of the report.
Since 2000, there have been major changes in the laws regarding civil society. For many associations, EU acces-
sion process and the level of importance given to democratization during this period coupled with the new As-
sociations Law has been a turning point. However, since 2004, it became apparent that many organizations were
still facing difficulties and sanctions. Due to this reason, it became necessary to develop a monitoring mechanism
to alleviate some of the persisting problems.
Monitoring Assessment Report produced the following results and recommen
dations:
After a careful examination of the surveys, two points can easily be drawn from the results: (1) the monitoring
process proved to be invaluable and the findings were not only significant but worth a comprehensive discus-
sion, (2) however, it was observed that there was inadequate participation in terms of quantity and quality by
associations. Some of the answers to survey questions reveal that the participants did not accurately understand
the intent of the question. Additionally, some of the surveys were partially filled out raising the concern whether
such long questioners were productive.
Generally speaking, although the associations are satisfied with the developments and their relations with the
Department of Associations, they still face barriers and difficulties due to legislation and some related regulations.
If there are initiatives to mend these deficiencies within the law, it would not be surprising that future responses
will be more positive. Additionally, along with improvements in the implementation side of the law, there must
be progress made in how the Department of Associations personnel interact with representatives of associations.
Staff should be more patient and act as a guide rather than an inspector. In certain regions these problems are
more persistent than others. Normalization of relations will lead to the
elimination of many problems.
Along with the importance of sustaining the continuity of the monitoring process, it is now necessary to develop
an effective monitoring methodology. Collaboration with the public sector can yield important results. Addition-
ally, in order to guarantee the sustainability of the monitoring process adequate human and financial capital
must be secured. Monitoring should be carried out by an experienced institution to assure it is implemented in
a flexible fashion without any interruptions. Collaboration with the public sector should be sustained throughout
the entire process.
An overview of the current condition illustrates that many problems still continue to exist mainly due to legislation
and related regulations and the application of these rules. As a result of our review of the legislation, we found
the following deficiencies and made recommendations to help improve the situation. These are organized under
the below headings:

Number of Founders
The minimum number of founding members required to establish an association should be lowered to three (3)
from its current number of seven (7). Similarly, associations should be able to form an executive board with three
(3) members instead of five (5).
Restrictions on Membership
“Absolute” restrictions to individuals with certain occupations on becoming members of associations or other
organizations should be replaced with “concrete criteria” to identify which organization they can and which they
cannot become a member of. Members of law enforcement or military should be free to join other associations
if they wish to do so.
Condition of Foreigners
Laws and regulations concerning foreigners need to be amended. There are good examples present in the cur-
rent Foundations Law regarding this matter. Article 6 of the Foundations Law (Law 5737) states “The manage-
ment body of New Foundations shall be appointed according to their deeds of trust and the majority those who
assume positions in these management bodies of these foundations shall be residing in Turkey.” This language
allows foreigners to become members and even assume positions at management level. However, the majority
of the management body must still be legally residing in Turkey. A similar regulation must be adopted for associa-
tions so foreign individuals do not face restrictions and barriers. Additionally, foreigners should not be subject to
acquire a “residence permit” when becoming a member, this should be only required of founding members and
those who assume positions in the management body.
Illegality, Mending Deficiencies and Sanctions
Article 6 of the Associations Regulation which reads “If illegalities and deficiencies are not mended within thirty
(30) days, appropriate civil servant shall inform the public prosecutor to open a closure case against the associa-
tion in the authorized Civil Court of First Instance” should be amended by removing the word “deficiencies” and
adding “if the illegality resulting from not complying with a particular law is not mended within thirty (30) days”.
Content of the By-laws
The section of the Association Law regarding by-laws should be amended. The information that is required be
present in the by-laws should only be restricted to the “name of the association, address, and the mission” and
the language of the law should be changed accordingly.
Compulsory Record Keeping
A significant proportion of fines given to civil society organizations are due to “improper” record keeping. This
shows how civil society is forced to deal with a cumbersome bureaucracy. Steps should be taken to improve the
current situation. The quantity of records mandated by the law can be decreased. Additionally, record keeping
should be simplified. Associations that can’t fill out the required documents due to lack of information and those
inadvertently make mistakes should be subjected to a warning not a fine. Otherwise, the law will continue to be
a source for burdensome fines for associations.
All necessary forms should be able to be filled out online and the use of this method should be encouraged. Cur-
rently, electronic documents are required to be notarized, this too should be lifted. Records kept electronically will
be cost-effective and less prone to mistakes.
Registration and the language of correspondence
Laws and regulations regarding language should not be open to arbitrary application and practice. Currently,
the law requires documents and internal correspondence of associations to be only carried out in Turkish. This
restriction should be eased and associations should only be required to use Turkish when corresponding with
public authorities.
Moreover, in practice, Province Directorates of Department of Associations requires associations to prepare a
Turkish sample of the grant applications/project documents sent to foreign organizations in languages other than
Turkish. This practice is unlawful, cumbersome and should be revised.
Government Audit
In late 2008, Department of Associations published a rule stating that government audits of associations are to
be carried out, if it is suitable, at the headquarters of the organization. However, in practice, auditors have been
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demanding that managers bring their documents to Province Directorates or any other suitable governmental
office without making the attempt to visit the headquarters of the association. This matter should be examined
and aside from those which do not have an appropriate place, audits must be carried out at the headquarters of
each association.
Internal Audit
Auditing Committee of each association is an internal auditing organ of the organization and it is solely account-
able to the general assembly. The Auditing Handbook published by the Department of Associations intended to
assist organizations through the auditing process should be rewritten. In fact, the content of the handbook raises
suspicions about what purpose it actually serves. In its current form, it certainly is not of any guidance to associations.
International Activities
Foreign associations are subjected to serious bureaucratic rules when opening a branch in Turkey. Also, there
seems to be a certain level of “distrust” of these organizations which leads to the mindset that they should be
closely watched. There is an assumption that by opening a branch in Turkey only the foreign association will
benefit from doing so. In reality, when organizations working in the area of human rights, environment, children,
women, democracy, etc. open a branch and become active in Turkey, people living in this country will be the
beneficiaries of these programs and projects. The mentioned practices continue to hamper the activities of many
foreign associations attempting to work in Turkey.
Additionally, current practices will deter those organizations planning to implement projects in Turkey and
in terms of international projects make it more difficult for Turkish associations to form partnerships with
foreign counterparts.
These cumbersome and over-bureaucratic practices should be eliminated so foreign associations can easily open
local branches and operate more freely.
Receiving Foreign Funding
The practice of “prior notification” of public authorities when receiving foreign funding should be stopped be-
cause organizations already specify this in their yearly statements. The current practice is both cumbersome and
time-consuming for civil society organizations.
Platforms
Current legislation does not address the needs of platforms. Although platforms are not recognized as separate
incorporated bodies under the law, they still should be able to perform activities independent of their founding
entities. For example, platforms should be able to open bank accounts, employ individuals, receive and spend
money in the name of the platform and if need be taxed in this form. Appropriate amendments should be made
in the law so they can perform activities as platforms.
Federations and Confederation
In order to form a federation, five (5) and a confederation, three (3) organizations must come together. These
numbers should be lowered to two (2) for both. Additionally, the law states that those organizations trying to
form such entities must have the “same purpose.” This should be reworded to “similar” so a greater range of
organizations can establish federations and confederations.
Public Benefit Status
The law in Turkey does provide for a public benefit status for CSOs. A very limited number of organizations, how-
ever, benefit from this status. Article 27 of the Associations Law grants authority to the Council of Ministers to
determine which NGOs can be given this status. The process can be highly
political at times.
This status should be granted by an autonomous and transparent authority which bases its decisions on cri-
teria that are objective. This body should be easily accessible by various stakeholders and be open and ac-
countable in its decisions. Also, civil society representatives should be able to participate in the decision-making
process. Regarding this matter, there are numerous examples of best practices especially in European Union
member countries.

Fines
The principal task of the Associations Department should be to act as a guide to associations, not to issue rigid
fines as they see fit. The Department should take all necessary steps including training to guide associations so
their activities are within the bounds of the law thus avoiding unnecessary fines. Additionally, fines should be
lowered and only issued after a warning and a sufficient time to respond
by the association.
Issuing of Fines
Article 33 of the Associations Law holds the chairman of the executive board sole agent responsible for any sanc-
tions and/or fines. This creates inequalities among board members, damaging the rule of equal rights and equal
responsibilities and individuals hesitate to become a chairman, leading to a leadership vacuum. This portion of
the law should be amended.
Law on Meetings and Demonstrations—Law 2911
This Law forbids security forces from attending close-door meetings of associations. However, in practice security
personnel from time to time act as though this legislation does guarantee the abovementioned right to associa-
tions. This is a clear violation of the law and an obstacle to the development of freedom of association in Turkey.
The General Security Directorate should clarify the issue and should avoid comments and practices that harm and
limit the right to freely organize.
Restrictions on Fundraising
Law on Collection of Donations and related regulations should be abolished entirely. Yearly statements and
public audits already provide the necessary instruments to determine whether or not the donations are
used appropriately.
Publishing
The process of publishing by associations should be eased through amendm
ents to the Press Law.
Tax Related Problems
There should be a comprehensive re-examination of tax laws regarding civil society organizations. The entire
legislation should be reorganized and amended.
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