Civil SoCiety Monitoring report 2012
Bankalar Cad. Minerva Han No: 2 Kat: 5 34420 Karaköy-İstanbul t: 0212 243 83 07 • F: 0212 243 83 05
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Civil
SoCiety
Monitoring
report
2012

Civil
SoCiety
Monitoring
report
2012

Civil SoCiety Monitoring report 2012
TUSEV Publications, August 2013
no: 58
projeCt teaM
Tevfik Başak Ersen • Liana Varon • Evrim Çoksöyler •
Semanur Karaman
authorS (In alphabetical order)
Ayşegül Ekmekci
• Burçin Doğan Yüceer • Evrim Çoksöyler
İnanç Mısırlıoğlu • Liana Varon • Selen Lermioğlu Yılmaz
Semanur Karaman • Sevda Kılıçalp Iaconantonio
Tevfik Başak Ersen
tranSlatorS
S. Aylin Gürses • Aslı Özgüz Uzun
produCtion
Myra Coordination Engin Doğan • Publication Design
Deniz Kurşunlu
• Page Design and Application
Gülderen Rençber Erbaş, Serhan Baykara
©All rights reserved. This publication cannot be
reproduced via any electronic or mechanic format or
mechanism (recording, information storage etc.) without
the permission of TUSEV.
tuSev
Bankalar Cad. No.2 Minerva Han, 34420
Karaköy-Istanbul
tel: 0212 2438307
Fa X : 02122438305
info@tusev.org.tr www.tusev.org.tr
The views expressed in this publication belong to the
authors. The views expressed in this publication may not
directly reflect TUSEV’s views.

about uS
TUSEV was established in 1993 by Turkey’s leading civil society organizations and has now grown to support network of
over 100 foundations and associations that share a vision of strengthening the legal, fiscal and operational infrastructure
of the third sector in Turkey.
Over the past ten years, Turkey’s third sector has taken on a heightened momentum of growth and expansion. Civil
society organizations have emerged as important actors for Turkey’s democratization and development. Each day, civil
society organizations in Turkey are growing in numbers and becoming more qualified. This development necessitated the
need to provide support on the basis of fiscal resources and maintaining an enabling environment.
As such, TUSEV’s programming is designed to:
• Promote a legally and fiscally enabling environment for civil society organizations,
• Encourage strategic and effective giving,
• Facilitate partnerships across public, private & third sectors,
• Support the Turkish third sector in engaging and cooperating with the international community
• Conduct research projects which will shed light on the future projects and activities of civil society stakeholders.
Civil SoCiety Monitoring report 2012 FunderS

Civil SoCiety
Monitoring report 2012
TUSEV published the first Civil Society Monitoring Report in 2011 in order to more closely observe and evaluate
developments in the area of civil society. The purposes of this report are for civil society to be recognized, better
understood and bring awareness to challenges faced, as well as portraying developments over the past ten years.
We believe that the favorable assessment of the Civil Society Monitoring Report by the representatives of civil
society and the various institutions in the international arena is a significant progress.
The Civil Society Monitoring Report 2012 presents the developments and achievements in the area of civil society,
as well as the shortcomings and difficulties observed in practice within the period of 2011-2012. Also, the report
compares findings of this year with the previous year.
The 2012 Monitoring Report is comprised of sections on legislative Framework, international relations,
institutional Capacity, and r esearch, on which TUSEV had accumulated a significant amount of knowledge and
expertise over its twenty-year history. Within the scope of additional research performed in the 2012 report, three
campaigns that were conducted by CSOs in 2012, and public outreach activities of civil society through means
of traditional and social media channels are examined under the appendix of Campaigns and Media v isibility of
CSos.
Within the context of the report, there are sixteen case studies that have set the agenda of CSOs in 2012. Among
the analyzed cases there are: “p articipation of CSos in the new Constitution Making process”, “CSos and the
v an earthquake”, “Freedom of Association of rights-Based organizations” and “v olunteerism and CSos”.
While preparing these case studies, TUSEV paid great attention to the inclusion of diverse voices and expertise
from the area of civil society, collecting opinions from more than eighty representatives who actively work in the
area of civil society via interviews, e-mails, and phone conversations. While composing the report, TUSEV applied
to various public institutions in line with the criteria defined by the Right to Information Act, and a media review
has been conducted for over a three month period.
The Executive Summary of the Civil Society Monitoring Report 2012 was prepared taking into account the
progress of civil society in the period of 2011-2012, as well as the significant milestones. Therefore it contains brief
situation analyses regarding the major topics of the report, and TUSEV’s recommendations.
We would like to thank the Chrest Foundation, Open Society Foundation Turkey and The German Marshall Fund
Black Sea Trust for Regional Cooperation for supporting this research initiative. Additionally, we would like to
thank all the experts and organizations that have shared their valuable opinions and suggestions over the course
of the preparation of the report.
Respectfully,
TUSEV Team

6
eConoMiS t intelligenCe Unit DA tA 2011 2
Rule of Law 0.50 (1 is the highest)
Corruption Control 0.25 (1 is the highest)
Regulator Quality 0.55 (1 is the highest)
Participation and Accountability 0.47 (1 is the highest)
2011 WorlD BAnK DA tA 1
Capital Ankara
Official Language Turkish
Population, 2011 73,64 million
GDP, 2011 775.0 billion Dollars
Infant Mortality Rate 12 (every 1000 babies born)
Average Life Expectancy 74
Rate of Female Representatives in the Parliament % 14
UN Humanitarian Development Report 2011 Score: 0.704/1
Rank: 92 (Among 187 countries)
Freedom House World Freedom Report 2012 Status: Partial freedom
Freedom rank: 3,0/7 Civil rights: 3/7
Political rights: 3/7 (“1” being the highest value)
Freedom House Internet Freedom Report 2012 Status: Partial freedom
Score: 46/100 (0 being the best)
Freedom House Press Freedom Report 2012 Status: Partial freedom
Degree: 55/100 (0 being the best)
International Transparency Organization – Corruption Perceptions Index 2012 Rank: 54 (Among 176 countries)
Foreign Policy Magazine – Failed States Index 2012 Status: In danger
Score: 76,6
Rank: 85 (Among 177 countries)
CAF- World Giving Index 2012 Giving rate: % 10
Volunteering time rate: % 4
Helping a stranger rate:% 31
Rank:137 (Among 146 countries)
Hudson Institute Philanthropic Freedom Index 2012
4 Score: 2.9 (Best:1 Worst:4)
Social Watch Basic Capabilities Index 2011 Score: 94/100
Social Watch Gender Equality Index 2012 Score: 0.45 (best:1)
1 Türkiye Verileri. Dünya Bankası. Access Date: 25 Şubat 2013. https://data.worldbank.org/country/turkey2 Economist Intelligence Unit 2011 Data. World Bank Institute. Access Date: February 25, 2013. https://info.
worldbank.org/governance/wgi/pdf/c221.pdf 3 2011 Status of Civil Society Report. CIVICUS . Access Date: February 25, 2013 https://socs.civicus.org/4 Philantrophic Freedom a Pilot Study Hudson Institute. www.hudson.org/index.
cfm?fuseaction=publication_details&id=9555&pubType=HI_FEATURED
turkey proFile: eC onoMiC, politiCal and SoCial indiC atorS
CiviCUS Civil SoCiety inDeX (CSi) 3
Key Data on Civil Society
CSI scores Total Score: 46,5
Citizen Participation: 31,4
Level of Organization: 54,6
Application of Values: 48,98 Perception of Effect: 40,2 Setting: 57,6
Rank: 29 (Among 33 countries)
Interpersonal trust 4,8%
CSOs network membership 41,1%
Political activities 50,4%
Civil SoCiety Monitoring report 2012

LEGAL
FRAMEWORK

8
Civil SoCiety Monitoring report 2012

9
Current Situation
• Despite the improvements in the legislation regarding
associations and foundations within the scope of the
European Union accession process during 2004 and
2008; it has been observed that there are still issues,
especially in the implementation and limitations of the
existing laws.
• Implementation challenges of secondary legislation,
including regulations and mandates, especially
limiting freedom of association cannot seem to be
circumvented.
• The oppressive disposition that appears in laws such
as the Laws on Collection of Aid and the Laws on
Meetings and Demonstrations are creating a repressive
environment for activities in both arenas.
• Although CSOs are recognized as an indispensible
portion of the democratization process by public
institutions or other actors, definitions of civil society
and civil society organizations are still absent in the
relevant legislation and policy documents.
• The fact that a special legal entity has not been defined
for public foundations or associations continues to
cause confusion in the area of civil society. These
organizations, which are already benefiting from
public resources, are also taking advantage of the
grant programs due to the fact that they are not
distinguished from other CSOs. This creates an unequal
treatment of CSOs in the distribution and utilization of
limited financial resources.
• Social enterprises in Turkey are generally recognized
as commercial entities of associations and foundations
or companies and cooperatives with social purposes.
No steps have been taken towards recognizing them as
separate legal entities in the legislation.
• Grantmaking foundations or associations have not been
included in the legislation yet. This situation prevents
present grant making foundations that are legally
obliged to be operational, from increasing the amount
of their grant programs.
LEGAL FRAMEWORK
• According to the amendment made in 2012 to Article
C of Clause 75 of the 5393 numbered Municipal Law, it
is stated that the municipalities “are able to collaborate
on services with foundations that work for the public
interest, and are granted tax exemptions by the Council
of Ministers.” The foundations and associations in
collaboration with these service projects, but that
are excluded from the definition above are mandated
“with the permission of the highest local administrative
authority.”
• In the period of 2011-2012, the only amendment to
the legislation directly concerning CSOs has been the
addition of temporary Clause 11 of the Foundations Law
no: 5737 via Clause 17 of the 651 Statutory Decrees.
The regulations define the application requirements
for the registration of immovable properties, and the
conditions for compensation payments of the non-
muslim community foundations.
“According to official information,
108 non- Muslim Ottoman
foundations have applied before
the deadline for the return of 1,568
properties. By 18 September 2012,
the Foundations Council approved
the return of 58 properties, the
payment of compensation for 8
properties, rejected 53 applications
and the remaining 1,449 applications
are still in process of review.” (The EU
Progress Report 2012)
Civil SoCiety Monitoring report 2012

10
• According to the data provided by the Department of
Associations (DDB), the number of active associations
in 2011 was 89,495, while this number has reached
92,670 as of October 2012.
5
• Parallel to the increase in the number of associations,
the number of association members has also increased.
While the number of associations in 2011 had reached
89,495, the number of members rose to 8,852,907 in
2012. Considering the fact that Turkey’s 2011 population
was 73 million, it is possible to claim that approximately
12% of the population is members of an association.
• According to the information obtained via application
from Directorate General of Foundations (VGM), there
is an increase in the number of foundations, as well. In
July 2011, number of new foundations was 4,585, while
the total number of foundations had reached 4,634 by
the end of 2011.
6
• Inconsistencies are observed in the frequency, duration
and scope of audit implementation, especially for those
organizations performing rights-based practices.
5 Statistics on Foundations. Department of Associations (DDB). Access Date: October 1, 2012. www.dernekler.
gov.tr
6 New Statistics on Foundations. Directorate General of Foundations (VGM). Access Date: September 3, 2012
https://www.vgm.gov.tr/icerik.aspx?Id=192
“Legislation regarding freedom of
association is largely in-line with
the EU standards. However, the
disproportionate audits and the
restrictive interpretation of the law
persist” (The EU Progress Report
2011)
• Access to Information applications were submitted to
the DDB and VGM in order to find out how many times
associations and foundations had been audited within
the period of 2011-2012, how many of these audits
imposed a penalty, and the total amount of penalty
fines. These inquiries did not receive an answer. The
aforementioned institutions stated that the questions
were left unanswered due to the fact that “they require
additional research”, as indicated by 2
nd paragraph of
the 7 th Clause 7 of the Right to Information Act.
• While most of the penalty clauses with respect to
associations are regulated as administrative fines,
there have been cases where fines and imprisonment
were applied by court decisions. As for foundations,
the highest penalty has been the dismissal of the
foundation executives in the event that the judgment
of the Council of Foundations is supported by a court
decision.
“There were examples of restrictive
interpretation of legislation vis-à-
vis associations and harassment of
their leaders.” The CSOs “continued
to face fines, closure proceedings,
and administrative obstacles to their
operation.” (The EU Progress Report
2012)
7 The main text of the Right to Information Act (Bilgi Edinme Hakkı Kanunu, no: 4982) can be accessed in
Turkish at https://www.resmigazete.gov.tr/eskiler/2003/10/20031024.htm#1 .
89.495
92.670 2011
2012
4.5854.634 JULY 2011
Number of Active Associations
DECEMBER 2011
Civil SoCiety Monitoring report 2012

11
• Absence of concrete definitions -such as “volunteering”-
in the legislation, determining the scope and limits of
audits and penalties cause some CSOs to face punitive
measures.
An organization with public benefit
status has been fined with regards
to the volunteers who support the
organization’s activities in various
ways, following an investigation
conducted by the inspectors of
Ministry of Labor and Social Security.
Due to the lack of a definition of
“volunteer” and volunteering in the
labor legislation, the inspectors of
the Ministry defined volunteers as
“uninsured employees”, and fined
the association.
• Another type of practice that poses an obstacle
to freedom of association does not directly occur
due to the legislation which govern associations
and foundations, but from wider rights violations of
human rights activists and CSOs they work with. Such
violations severely limit freedom of association and
expression. These types of violations generally occur
due to the broad interpretations of legal texts such as
the Anti-Terror Law, the Misdemeanor Law and the Law
on Meetings and Demonstrations.
• It is observed that arrests which occurred in 2011 or
2012 based on the Anti-Terror Law usually target human
rights activists living in the Eastern and Southeastern
cities such as Diyarbakir, Mardin, Siirt, Mus, and Malatya,
as well as in the cities of Aegean and Marmara Regions.
8
The accusations and criminal charges also target the
funds granted to CSOs that these activists are affiliated
with. Funds allocated by the European Union, or
8 Human Rights Week Special Issue. Human Rights Association Bulletin. December 10-17, 2011 https://www.ihd. org.tr/ September 2011 Mazlum-Der Sanliurfa Branch press release: https://sanliurfa.mazlumder.org/
project-based funds provided by an EU member state
also have a tendency to be investigated in the scope of
the criminal charges brought under the Anti-Terror Law.
The fact that such CSOs received international funding
is presented as evidence in courts within the scope of
the Anti-Terror Law.
9
• There are no internationally-recognized clearly defined,
egalitarian, sustainable and accessible mechanisms
in place in Turkey for CSOs to turn to for information,
consultation, dialogue and collaboration from public
institutions in order to carry out their work. CSO-Public
Sector relationships are maintained unilaterally and
principally through invitation from a public institution.
No feedback is provided to CSOs regarding how much
their opinions are taken into account with regards to
public policies.
Access to Information Applications
were sent to twenty Ministries in an
effort to determine extent and scope
of CSO-Public Sector relations, and
policies of public institutions in this
area. Four of these Ministries have
not responded to the applications.
According to the analyses of the
responses from the sixteen Ministries,
four of these Ministries did not
disclose any information stating
that additional research would be
required. (in reference to the Clauses
7 and 12 of the Right to Information
Act
10), and three of the Ministries
stated that they have not had any
relationships with CSOs.
9 “Erbey Şahsında İHD Yargılanıyor” Bianet. Access date: January 26, 2012 https://bianet.org/bianet/ bianet/135726-erbey-sahsinda-ihd-yargilaniyor
10 The Right to Information Act: (Bilgi Edinme Kanunu ) https://www.bilgiedinmehakki.org/en/index.
php?option=com_content&task=view&id=7&Itemid=8
Civil SoCiety Monitoring report 2012

12
• It has been observed that the CSO-Public Sector
relations mostly occur at the levels of information
provision, and consultation. There are very few
examples of dialogue and cooperation. In 2012, the
new Constitution making process provided more
opportunities for the development of CSO-Public
Sector relations; providing a more detailed draft on
the levels of information provision, and the creation
of more channels of consultation. However, CSOs who
participated into the process did not receive feedback,
nor was a discussion to determine collaboration
methods defined or realized.
• The most exciting development within the period of
2011 and 2012 regarding CSO- Public Sector cooperation
occurred within the scope of the activities carried
out for a new Constitution, which has started with
the establishment of the Constitution Reconciliation
Commitee at the Grand National Assembly of Turkey
(TBMM) in October 2011. For the first time, the
government showed initiative in order to create a
civil and participatory constitution, and a consultative
presence was set to hear the demands of civil society,
along with the start of a new collaborative channel.
• Associations and foundations are obliged by law
to start economic enterprises in order to be able to
conduct income-generating activities. The taxation of
the non-profit CSOs coincide with for-profit commercial
enterprises in accordance with the Corporate Tax
Law this has been a heavy burden on CSOs that are
implementing their economic activities to create social
benefit.
As determined by the tax legislation,
the tax deduction applied to legal
entities’ donations to foundations
with tax exemption and associations
with public benefit status in Turkey
are well below the 10% average of the
EU member countries, at a mere 5%.
For donations made by individuals
who are on payroll, there is no tax
deduction mechanism.
• According to the data compiled in December 2012, the
number of tax-exempt foundations has reached 249 11.
When compared to the data from the Civil Society
Monitoring Report 2011 (237 foundations), there is an
increase in the number of tax-exempt foundations. The
ratio of the number of tax-exempt foundations to the
total number of 4603
12 new foundations has remained
limited to 0.5%, as it was in 2011.
• There appears to be a decrease in the number of
associations with public benefit status compared
to the data (410) from the previous year. The 406
13
associations with public benefit status constitute
only the 0.04% of the total number of 93.599 active
associations.
• The number of organizations that are able to collect
donations without prior permission remain limited to
nineteen.
14 Considering the total number of foundations
and associations is over 95.000, and the number of
organizations with tax exemption and the public benefit
status exceeds 650, this number is strikingly low.
11 List of Foundations That were Given Tax Exemption by the Council of Ministers. Revenue Administration,
Access Date: December 20, 2012. https://www.gib.gov.tr/index.php?id=406
12 Statistics for New Foundations. Directorate General of Foundations (VGM). Access Date: December 19, 2012 https://www.vgm.gov.tr/icerik.aspx?Id=192
13 Foundation with Public Benefit Status. Department of Associations. Access Date: December 19, 2012 https://
dernekler.icisleri.gov.tr/Dernekler/Kurum/KamuYarariListe.aspx
14 List of Legal Entities with the Status for Collecting Aid Without Permit. Department of Associations. Access
Date: December 21, 2012 https://www.dernekler.gov.tr/index.php?option=com_content&view=category&lay
out=blog&id=51&Itemid=66&lang=tr
Civil SoCiety Monitoring report 2012

13
aMendMentS regarding
the return oF the
good S oF CoMMunity
FoundationS
(FoundationS oF non-
MuSliM CoMMunitieS) and CoMpenS ation payMent
With the inclusion of the temporary Clause 11
to the Foundations Law in 2011, a new step forward was taken in addition to the ones
in 2003 and 2008, and it led the way to the
return of the confiscated goods of Community Foundations, that were established in
Ottoman times, and the compensation
payments for their confiscated immovables .
C A sE
AnAL ysis
As per the Foundations Law (Foundations Law no: 5737),
Community Foundations “are granted the status of legal
entities regardless of whether they have endowment or
not, as per the Foundations Law (Foundations Law no:
2762) that includes foundations belonging to non-Muslim
communities in Turkey bearing citizenship of the Turkish
Republic.”
15 In accordance with this definition, there
15 The text of the Foundations Law (Foundations Law no 5735- Vakıflar Kanunu) can be reached at https://
www.vgm.gov.tr/icerikdetay.aspx?Id=62.
are 165 foundations in Turkey that belong to Bulgarian,
Armenian, Georgian, Chaldean, Greek, Assyrian, and
Jewish communities.
With the Foundations Law of 2008, the establishment of
the Council of Foundations as the top decision-making
body and the placement of permanent representatives
of these Community Foundations in this Council have
accelerated activities concerning legislation over the
years, and contributed to the strengthening of inter-
institutional relations as it played a positive role in the
resolution of problems.
Laki Vingas, who has been the representative of Community
Foundations in the Council of Foundations since 2009,
highlights the fact that even though the foundations are
perceived as institutions remaining from the 19
th century,
they have been providing significant services to the society
in the areas of education, health, and religion. Aside
from providing these services, Community Foundations
also function as social areas that ensure the survival,
development, and sustainability of cultures. Emphasizing
the necessity for Community Foundations to go through a
process of renewal, Vingas emphasizes the importance of
the restructuring of these foundations to become civil and
modern civil society organizations that are in compliance
with the current dynamics.
Over the years Community Foundations have been brought
to the agenda generally regarding their immovables. From
the establishment of the Republic until today, there have
been various practices towards the immovable goods of
Community Foundations. Some of the foundations are
recorded on the minutes; some of the immovables were
confiscated, and even sold to third parties. Meanwhile
the violation of the property rights of individuals and
foundations had caused the weakening of the current
organizations, which are the vehicle of cultural sustainability
of communities, and are capable of performing their
activities as civil society organizations of today.
Within the scope of the reforms in the transition to the
EU membership process, various amendments have been
made in the legislation on foundations in 2003, 2008, and
lastly in 2011, and steps have been taken in the name of
correcting the practices towards the immovable goods
of Community Foundations. The regulations in 2003 and
2008 have paved the way to the restoration of some of the
immovables that belong to the Community Foundations;
however immovables that were passed on to third parties
were excluded from the scope of this regulation.
Civil SoCiety Monitoring report 2012

14
The temporary clause 11 has been added to the Foundations
Law (Foundations Law no: 5737) on 08.27.2011 for
the resolution of the deficiencies experienced in the
implementation of both regulations. The Regulation with
regards to the application of this clause has taken effect
following its publication in the Official Gazette no 28071
dated 10.1.2011. With this regulation, it is prescribed that
the immovables owned by Community Foundations that
are registered in the 1936 Proclamation with the ownership
section open, the immovables that are registered in
the 1936 Proclamation but registered on behalf of the
Treasury, Directorate General of Foundations (VGM),
municipalities, and special provincial administrations other
than the reasons of expropriation, sale or barter, and the
cemeteries and fountains that are registered in the 1936
Proclamation but registered on behalf of public institutions,
are to be registered on behalf of Community Foundations.
Furthermore, necessary arrangements were made for
payment by the Treasury or the General Directorate for
the immovables’ market value, which was determined
by the Department of Finance, that are registered on
behalf of third parties, out of those that were bought by
Community Foundations or registered in the title on behalf
of the Treasury or General Directorate on the grounds of
the inability to acquire property, despite the fact that they
were bequeathed or granted to Community Foundations.
However, there are no regulations regarding the
immovables in the ownership of public institutions, and the
return of the legal entity status of the foundations that were
put to the minutes. Vingas specifically emphasizes that the
lack of regulation regarding possession out of dominion,
and the immovables, which appear to be belonging to the
foundations after 1936, but remained unregistered during
the cadastral process is one of the significant shortcomings
of the Law.
16 August 27, 2012 has been determined as the
deadline for applications regarding the registration of the
immovables, along with all rights and obligations, on behalf
of Community Foundations. The decision making process
for the submitted applications is still in progress.
Although the Statutory Decree (KHK) is considered
a significant development in such a historic issue,
constraints such as the condition of being registered
in the 1936 Proclamation, which appears in the 2003,
2008, and 2011 legal regulations, the one-year restriction
regarding the notice, and the burden of proof have
16 1452 applications from 115 Non-Muslim Ottoman foundations, AGOS, Access Date: August 31, 2012
been creating unjust treatments for the Community
Foundations. Taking into account the importance of
Community Foundations, efficiently making use of the
current process, and carrying out the rights ensued from
within the framework of the law as best as possible,
Vingas points out the possibility of addressing the
shortcomings following this process.
The European Council is also following this process
closely. The following findings are included in Turkey’s
2011 EU Progress Report
17 regarding this issue:
• The legislation that made amendments on the February
2008 Foundations Law has been accepted in August
2011. The current legal framework partially allows for an
opportunity for the return of the goods of Community
Foundations that are included in the 1936 Proclamation,
and it extends the scope of the Law from 2008.
• The non-Muslim communities –the organized structure
of religious groups- have still been encountering
problems due to their lack of legal entity status. To say
the least, this situation bears effects upon the property
rights of the communities, their access to justice, and
fundraising opportunities. The recommendations of the
European Council 2010 Venice Commission have yet to
be implemented.
In Turkey’s 2012 EU Progress Report
18, the recorded
developments are discussed as seen below:
• Regarding the property rights, the regulation regarding
the implementation of the Temporary clause 11 of
the Foundations Law was published in October 2011.
With this regulation, terms of application for the
registration of immovables, and terms of compensation
payment are determined. August 27, 2012 has been
determined as the deadline for applications regarding
the registration of the immovables, along with all
rights and obligations, on behalf of Community
Foundations. According to the official information, 108
Community Foundations had applied for the return
of 1568 immovables until the deadline. By September
18, 2012 the Council of Foundations had approved the
restitution of 58 immovable, and the compensation
payments for 8 immovable; concluded 53 applications
17 Turkey’s 2011 EU Progress Report can be reached at https://www.abgs.gov.tr/files/AB_Iliskileri/AdaylikSu-
reci/IlerlemeRaporlari/2011_ilerleme_raporu_tr.pdf .
18 Turkey’s 2012 EU Progress Report can be reached at https://www.abgs.gov.tr/files/AB_Iliskileri/AdaylikSu-
reci/IlerlemeRaporlari/2012_ilerleme_raporu_tr.pdf .
Civil SoCiety Monitoring report 2012

15
to be unqualified; and continues to examine the other
1449 applications.
• Progress was made by the acceptance of the legislation
that made amendments in the 2008 Foundations Law.
The implementation of the legislation continues to
this day. However, the legislation does not comprise
the confiscated immovables of registered foundations
(those that are managed by the Directorate General of
Foundations,) or Alewi foundations. The ongoing lawsuits
against the Mor Gabriel Assyrian Orthodox Monastery
continue to be sources of concern. Turkey must ensure
the establishment of full respect for the property rights of
all non-Muslim communities and others.
Vingas states that the Statutory Decree should be seen
as a significant development in bringing resolution to
a historical problem, and for the continuation of this
positive process, he underlines the necessity of improving
especially the regulations towards compensations and
other restrictions, and the formation of new regulations
on the Foundations Law.
lgbt organizationS and
FreedoM oF aSSoCiation
Freedom of association of the LGBT
organizations has been analyzed with
respect to audits and actions of closing of associations. LGBT organization’s
participation in the new constitution making
process is seen as an important development in CSO-Public Sector relations.
CA sE
AnAL ysis
TUSEV had initially included the findings regarding the
challenges that the LGBT associations have been facing
about their freedom of association in the Civil Society
Monitoring 2011’s legal framework chapter under the
title of LGBT Associations Case Analysis. The report
identified primary problem areas as, court cases pursuing
the closing of LGBT associations, and threatened their
freedom of association, the report exposed the unequal
practices occurred in audits and penalties, which can be
interpreted as discrimination.
Within the scope of the Civil Society Monitoring Report
2012, interviews have been conducted with six LGBT
organizations that operate in four different cities of Turkey.
These interviews aimed at presenting the developments
and the situation regarding the LGBT associations in
the recent year. The interview process unearthed that
court cases brought against LGBT organizations in the
previous periods resulted in the associations’ favor. In
addition to this, there have not been recent attempts of
similar lawsuits. The constitution process that allowed
CSOs to deliver their opinions was evaluated as a positive
development since it paved the way for the cultivation
of relationships between the LGBT associations,
political parties and other political actors. Despite these
developments, the frequent audits and the unstandardized
implementation of the law during audits are striking.
The LGBT associations provide the LGBT individuals
with support by specialists in areas of social, legal and
psychological services. Aside from these services, most
interviewed associations are also running campaigns
against homophobia, which is a type of discrimination, in
addition to activities in defending the social, economic,
and civil rights of LGBT individuals. In order to diversify
the activities of LGBT associations and render them more
effective, LGBT associations are observed to collaborate
with institutions that perform rights-based activities,
to maintaining solidarity among them. Difficultie
s in
finding resources turn out to be a serious problem for
associations where membership fees and donations
comprise a small portion of their revenues. The LGBT
associations have indicated that the funds provided by
international institutions and the embassies in Turkey
are the main support mechanisms in providing financial
resources to their projects.
As mentioned above, the representatives of the LGBT
associations stated that interventions such as court cases
demanding their closure constituted a direct threat to their
freedom of association during the pre-2011 period have
Civil SoCiety Monitoring report 2012

16
not occurred again between 2011-2012. Nevertheless, the
existence of ambiguous concepts that feature ideological
references that are in the law, such as “public morality”
and “Turkish family structure” continues to be a threat for
LGBT individuals and organizations. Due to the fact that
the Associations Law cites the Turkish Civil Code, these
concepts are left to prosecutors’ interpretation within
the scope of the legislation of associations. Therefore,
significant differences and inconsistencies are observed
in the application of the legislation. The fact that these
concepts are not defined in the laws concretely perpetuates
the risk of having other court cases which demand closure.
An attempt of shutting down the internet sites of the LGBT
associations by the Ministry of Telecommunication, using
similar concepts as reasons for violating the law, is seen as
a serious violation against the freedom of expression and
association of the LGBT individuals.
19
The negative effects of the previous court cases demanding
closings created problematic consequences in acquiring
new members and financial support. The concerns created
by experiences such as law-enforcement officers raiding the
associations’ center offices over groundless allegations, and
as put forward by various academic research
20, the ongoing
prejudices towards being “organized” in Turkey are still
very strong. As a consequence, the fact that people who
are willing to support an association are shying away from
becoming registered members has been posing an obstacle
for associations in increasing the number of their members
and resources.
In the period following the publication of Civil Society
Monitoring Report 2011, significant improvements have
been noticed in the relationships between the LGBT
associations and public institutions. The establishment
of the Constitution Reconciliation Committee under
the Turkish Parliament, and welcoming CSOs to deliver
their opinions regarding the new constitution has played
important roles in the development of relationships.
The LGBT associations stated their principal proposals
towards the new constitution as:
• The addition of the phrases “sexual orientation”
and “gender identity” to the equality clause of the
Constitution,
19 Detailed information on the story can be reached at https://pembehayat.org/tib%C2%B4in-mesajina-
karsilik-pembe-hayat-dernegi-aciklama-yapti/.
20 For more information on the results of the field research on this topic, please examine the Report on the
Barriers to Freedom of Association of Associations in Turkey prepared by TUSEV.
• The removal of concepts such as “general morality” and
“family structure” from the legal texts, or including a
clear definition of these concepts,
• The necessity of defining social rights indicated in the
Constitution by “the individual” and by “the family” or
“household”.
Following the opinion delivery process, the exclusion
of the names of three LGBT associations on the New
Constitution
21 website, and the absence on thank you list
of the Chair of TBMM Cemil Çiçek drew strong reactions
from all LGBT organizations, and had media coverage. A
day after the widespread coverage of this issue the website
was updated, and the names of the LGBT associations
were added to the list. In the aftermath of this situation,
the fact that the LGBT associations were invited to the
Parliament to deliver their opinions and their requests were
recorded in the official Parliamentary reports have been
considered a crucial development by the associations. It
has been reflected that the meetings they had with the
parliamentarians from the Peace and Democracy Party
(BDP) and the Republican People’s Party (CHP) following
the presentation given by the LGBT organization at
the Parliament has provided the LGBT associations an
important and legitimate visibility. They have also met a
parliamentarian from the Justice and Development Party
(AKP) to deliver their requests. After the meetings, the
Kaos GL – a LGBT organization- had a meeting with the
Nationalist People’s Party (MHP) Vice President upon his
invitation regarding the United Nations Human Rights
Committee’s Covenant on Civil and Political Rights Turkey
Report, which will be published in November.
22
Another significant point in the case analysis of LGBT
associations is that the two LGBT organizations, which
had been carrying out advocacy activities in the
Parliament while the equality clause in the constitution
was being discussed, had been subject to audits that
started the same day which lasted two weeks. This
situation hindered the participation of some of the
association officials in their ongoing advocacy activities
since they had to be absent from the meetings, having
to tend to the audits. According to the legislation, the
association audits are conducted by the authorization
of Ministry of Interior upon “necessary situations” and
21 TGNA New Constitution Website can be reached at https://yenianayasa.tbmm.gov.tr/.22 Kaos GL, “Kaos GL MHP Genel Başkan Yardımcısı Ruhsar Demirel İle Görüştü”, 09/19/2012, https://www.
kaosgl.com/sayfa.php?id=12302
Civil SoCiety Monitoring report 2012

17
“notices and complaints”. Under these circumstances, it is
all the more questionable whether these audits took place
in their standard timing.
Another inconvenience that has been experienced in
the audits imposed upon the LGBT associations is the
impropriety against the privacy of the LGBT individuals
who are members or beneficiaries of associations.
According to the legislation, the association officials are
liable to provide the auditors with all kinds of information
and documents that they demand in a timely fashion.
During audits, the officials are obliged to share the
information of the individuals who are benefiting from
the psychological or legal support activities – information
that is expected to be confidential due to the right to
privacy- as well as the books that contain membership
information. It is thought that this situation can pose a
threat to the LGBT individuals who are already a fragile
group. The fact that the auditors have all the initiative
regarding the audit processes is causing, in some
instances, the occurrence of practices that are far from
principles of equality and transparency.
Another important development in the year of 2012 is
the authorization of participation of a LGBT association
as an intervening party to the murder trial of three
people who were killed. Arguing that the crime that was
committed constitutes a threat regarding all represented
social groups, the LGBT association was entitled to take
part in the trial along with the Ministry of Family and
Social Policies. This example is of vital importance with
regards to the participation in the legal processes of
LGBT individuals who have to hide their identities to avoid
becoming a target. Notwithstanding, similar involvement
rulings are not applied to all trials, and the progress of the
process depends on the courts’ initiatives.
23
In brief, the 2011-2012 period can be considered one where
there were challenges, as well as developments with
regards to the LGBT associations. The constitution process
and the relationships that were developed with political
parties within this process have created a significant
opportunity for propounding the legitimization of the
LGBT organizations, as well as for them to be able to bring
their requests forward. Concepts such as “general morality”
and “Turkish family structure”, which continues to appear
in laws without any definition, are thought to cause the
23 Detailed information on the story can be accessed at https://kaosgl.org/sayfa.php?id=10958.
continuation of inconveniences towards trial processes.
As for the audit practices, they are obliging the LGBT
organizations to deal with lengthy bureaucratic processes,
which may distance them from their core activities.
FreedoM oF aSSoCiation
oF the right-ba Sed Civil
SoCiety organizationS
Examples of violations originating from
the broad interpretation of the legal texts devoted to human rights defenders and
right-based organizations have continued to be observed during the 2011-2012 period.
C A sE
AnAL ysis
Another type of practice that can pose an obstacle to
the freedom of association is violations of human-rights
defenders’ rights and the CSOs they work with. Although
such violations do not always originate directly from the
legislation regarding associations and foundations, they
can still substantially limit the freedom of expression and
association. These types of violations generally occur due
to the broad interpretations of legal texts such as the Anti-
Terror Law (Terörle Mücadele Kanunu- TMK), Misdemeanor
Law (Kabahatler Kanunu), and the Law on Meetings and
Demonstrations (Toplantı ve Gösteri Yürüyüşleri Kanunu).
In his article “The Anti-Terror Law: The Obstacles Before
the Freedom of Association”, Attorney Danış, puts forth
the point that the obstruction of “the civil freedom’s
right to exist” by silencing the “peaceful activities and
legitimate oppositions” of CSOs and civil initiatives “on the
pretext of the activities of armed groups” (TUSEV, 2010a).
Civil SoCiety Monitoring report 2012

18
Right-based organizations are carrying out various
activities toward the prevention of human rights violations
and the determination and compensation of situations
where violations occur, as well as maintaining justice.
Meetings and demonstrations where opinions that oppose
the policies and practices of the government are expressed
can be among these activities. It is quite a frequent
practice to marginalize groups that criticize the current
order. Marginalization of human rights defenders occur
sometimes at the level of discourse and at times through
de facto intervention in an atmosphere where there is less
freedom to express different views. In order to legitimize
these interventions in the eye of public opinion, methods
such as attribution of crimes (that are usually linked to
terror) to opposing groups, extensive use of force, or
manipulation of the legal processes, has been observed.
Due to the fact that these are worldwide practices, supra-
government organs, such as the United Nations, have
created reports, made decisions and recommendations
encouraging the states to recognize the freedoms of
expression, association, and assembly of individuals, and to
protect these right-based formations, and rights defenders.
the eU guidelines on Human rights Defenders 24
defines the rights defenders as stated below:
“Human rights defenders are those individuals,
groups and organs of society that promote and
protect universally recognized human rights and
fundamental freedoms. Human rights defenders
seek the promotion and protection of civil and
political rights as well as the development,
protection and realization of economic, social
and cultural rights. Human rights defenders also
promote and protect the rights of members of
groups such as indigenous communities. The
definition does not include those individuals or
groups who commit or propagate violence.” (EU
Principle Rules 2008)
24 The Principle Rule on the EU Human Rights Defenders document that was accepted in 2004,
and updated in 2008 can be accessed in Turkish at: https://www.avrupa.info.tr/fileadmin/
Content/Files/File/EIDHR/Insan_Haklari_Savunuculari_TR.pdf
!
With the United Nations Declaration on Human
Rights Defenders 25
“For the purpose of promoting and protecting
human rights and fundamental freedoms,
everyone has the right, individually and
in association with others, at national and
international levels; to form, join and participate
in non-governmental organizations (civil society
organizations), associations or groups.”
The State “shall take all necessary measures
to ensure the protection by the competent
authorities of everyone, individually and in
association with others, against any violence,
threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary
action as a consequence of his or her legitimate
exercise of the rights referred to in the present
Declaration.” Turkey has signed the UN
Declaration on Human Rights Defenders in 2004.
According to the United States High
Commissioner for Human rights
26, human
rights defenders in various countries have
been observed to be subjected to violations as
mentioned below:
“A great many human rights defenders, in
every region of the world, have been subject
to violations of their human rights. They
have been the target of executions, torture,
beatings, arbitrary arrests and detention, death
threats, harassment and defamation, as well as
restrictions on their freedoms of movement,
expression, association and assembly. Defenders
have been the victims of false accusations and
unfair trials and convictions. Violations most
commonly target either human rights defenders
themselves, or the organizations and mechanisms
through which they work.” 
25 The “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society
to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms”
or in short “The UN Declaration on Human Rights Defenders” have been approved in April
3, 1998 meeting of the UN Human Rights Commission. Turkey signed the UN Declaration
on Human Rights Defenders in 2004. https://www.ohchr.org/Documents/Issues/Defenders/
Declaration/declaration.pdf
26 https://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/Challenges.aspx
Civil SoCiety Monitoring report 2012

19
The thematic fields which right-based organizations
in Turkey operate on are grouped as human rights,
environment, gender and sexual orientation, youth,
people with disabilities, child rights, culture/cultural
rights, rights of people with HIV, animal rights, rights of
the elderly, refugee rights, and urban rights (STGM, 2011).
Since the founding of the Human Rights Association in
1986, the first human rights association after the 1980
coup, the number of right-based CSOs have increased,
their focus of work have been diversified, and these CSOs
have played an important role in the expansion of some
rights in the country (TUSEV, 2011b).
There are two types of violation of rights that are inflicted
on CSOs which carry out rights based activities. The
first type is based on the restrictive interpretation of
the legislation on associations and foundations, which
is directly related to the freedom of association. The
inconveniences that originate from these practices are
analyzed in the audit and penalties section of the report.
The second type is related to the right infringements
that occur due to the arrest and detention of the
executives, members, and employees of CSOs and
unions. Similar to the rest of the world, human rights
defenders in Turkey suggest opinions that may contrast
with the official opinion of the state. Therefore, the
human rights defenders carry out activities in order
to broaden the scope and implementation of human
rights in Turkey. However, these differences in opinions
are frequently deemed to be associated with ‘terrorist’
activities in Turkey, and the “human rights defenders also
face prosecution and legal proceedings on charges of
terrorist propaganda during demonstrations, protests and
following their attendance at press conferences” (The EU
Progress Report, 2011).
Chapter 23 of the 2012 Progress Report section titled
Judiciary and Fundamental Rights, highlights the
implementation of the legal framework regarding
terrorism and organized crimes as a means to the
violation of the freedom of association is expressed as
such below:
“The situation regarding the respect for fundamental
rights continues to be the source of serious cause for
concern, notably stemming from the broad application
of the legal framework on terrorism and organized crime,
which leads to recurring infringements of the right to
liberty and security, of the right to a fair trial and of the
freedom of expression, assembly and association.” Considering the arrests of human rights defenders, who
are members of CSOs that were based on the Anti-Terror
Law (ATL) in 2011 and 2012, it is seen that along with
cities in the Aegean and Marmara regions, they also arise
in the Eastern, and Southeastern cities, such as Diyarbakir,
Mardin, Siirt, Mus, and Malatya.
27 These arrests included
members of unions and political parties, the board
members and branch leaders of rights-based associations,
and the members of CSOs (especially executives) all
charged within the scope of the ATL. Observations of
the charges and indictments towards the detainees,
the activities of CSOs to which they are a member, the
projects they conduct, the funding raised for these
projects (for instance the project-based funds provided
by the European Union or an EU member country) seem
to be the subject of investigation, and have a tendency to
be evaluated within the scope of the ATL.
28
The members of right-based organizations are subjected
to investigations and perennial arrests that leave them no
choice but “to defend themselves and divert significant
time and resources that could otherwise be directed to
their human rights work”
29, and this equally obstructs the
activities of CSOs they are a member to.
According to the international fact-finding mission
report titled Turkey – Human Rights Defenders, Guilty
Until Proven Innocent
30 published in May 2012 by the
International Federation for Human Rights (FDIH) and the
World Organization Against Torture (OMCT) within the
framework of the observatory for the protection of human
rights defenders, the committee has confirmed a total of
twenty human rights defenders, from five different right-
based CSOs, under arrest within the days it was in Turkey.
Furthermore, the report has noted that since there was
not a systematic follow up of the number of human rights
defenders under arrest and convicted, the number could
be higher than what was determined.
27 Human Rights Week Special Issue. Human Rights Association Newsletter December 10-17, 2011 https://www.
ihd.org.tr/
September 2011 Mazlum-Der Sanliurfa Branch press release: https://sanliurfa.mazlumder.org/
28 “Erbey Şahsında İHD Yargılanıyor” Bianet. Access Date: January 26, 2012 https://bianet.org/bianet/
bianet/135726-erbey-sahsinda-ihd-yargilaniyor
29 The international fact-finding mission report by the FDIH and the OMCT within the framework of the “Ob-
servatory for the Protection of Human Rights Defenders” called “Turkey-Human Rights Defenders, Guilty
until Proven Innocent”, May 2012, https://www.omct.org/files/2012/06/21816/obs_mission_report_tur –
key_hd.pdf
30 “Turkey-Human Rights Defenders, Guilty until Proven Innocent” https://www.omct.org/files/2012/06/21816/
obs_mission_report_turkey_hd.pdf
Civil SoCiety Monitoring report 2012

20
The most exciting development regarding collaboration
between the government and civil society in the period
of 2011 and 2012 was in October 2011, within the scope
of efforts for the new constitution that started with the
founding of the Constitution Reconciliation Committee at
the Parliament. For the first time, a well-planned volition
has been shown in order to create a civil and participatory
constitution, and although at a level of consultation,
a collaboration channel has been opened in order to
reflect the requests of civil society regarding the new
constitution. This case analysis discusses the participation
of civil society in the efforts for the new constitution, and
what this process means regarding the CSO-Public Sector
relations.
The 1982 Constitution, although it has undergone several
changes over the years, has been “a constant matter of debate due to both its technical details, and its lack
of legitimacy that arises from its antidemocratic tone”
for the public opinion (TESEV, 2012a). In the field study
conducted by Konda Research company in TESEV’s
Definitions and Expectations About the Constitution
Report, 78.5% of participants have reflected the condition
for an acceptable new constitution as one “that is agreed
upon and settled on by all classes of society” (TESEV,
2012b).
With the 2007 referendum, which was primarily about
the election of the President by the public, some of
the clauses of the constitution were changed. Yet
another change in the constitution is the approval of
the constitutional amendment package of 27 clauses,
which was suggested by the government, with a 57.9%
support, according to the 2010 referendum with a
participation rate of 77.1%.
31 There have been a total
of 20 32 amendments made on the 1982 Constitution;
however only 2 of these amendments were opened to the
public through a referendum, and a more participatory
method was adopted compared to the previous
applications. Nevertheless, the focal point of criticism
towards these procedures has been the fact that the
clauses to have foreseen to be amended were prepared
by the government, and aside from that, there was no
participation mechanism for the expression of public
opinion other than voting in-full approval or total rejection
of the amendments.
It is observed that a step has been taken towards
overcoming these limitations with the process of making a
new constitution that started in 2011. The President of the
TBMM, Cemil Çiçek has expressed the need and decision
towards initiating a participatory process of forming the
New Constitution which may mean the contribution of the
public, as well as CSOs at a level of opinion sharing in the
making of the new constitution:
“Up to today, the biggest criticism towards the process
of the creation of the constitution was the lack of public
contribution in the process. The outcome of the work
carried out by a certain number of individuals, or those
powerful people, even if they are called the ‘Parliament’,
31 2010 Referandumu Siyasi Partilerin Tutumu. SETAV. October 2010. https://file.setav.org/Files/Pdf/2010-
referandumu-siyasi-partilerin-tutumlari.pdf
32 The New Constitution Page. TGNA. Access Date: October 1, 2012. https://yenianayasa.tbmm.gov.tr/
gorusmeler.aspx
p artiCipation oF CSoS in
the new ConS titution
Making proCeSS
The most exciting development regarding
the CSO-Public Sector relations in the period of 2011-2012, has been experienced during the efforts making of a new constitution. A channel of collaboration, mostly at the
consultation level, has been initiated through this process.
CA sE
AnAL ysis
Civil SoCiety Monitoring report 2012

21
was that it was presented to fellow citizens, much like a
survey, with only a ‘yes or no’ option. No opportunity for
criticism existed. In the end, all that was stated was ‘the
constitution has been approved.’ This process, following
the acceptance of the Constitution has received ever-
mounting criticisms from all circles. Therefore, this time
we tried to do the right thing. The public will be a part of
the process in the beginning, through the duration, and
ultimately the public will be making the final decision.”
33
the establishment of the Constitution
r econciliation Committee, and Steps t aken
t owards hearing Civil Society’s opinions
One of the election campaign promises of the ruling
party during the June 2011 general elections was
“the making of a constitution that was prepared in a
participatory fashion”, with prioritizing the inclusion of
the civil society. Following the completion of the election
period, the President of the TBMM, Cemil Çiçek, ensured
the establishment of the Constitution Reconciliation
Committee to manage the adoption of a New Constitution
process, and prepare the draft. The Committee had its
first meeting on October 19, 2011, and it was constituted
from equal number (three each) of representatives from
four political parties that have a group at the Parliament.
In the Committee chaired by Çiçek, a principle was laid
down that requires all decisions to be made after a
consensus was reached among all political parties.
Another working principle of the Constitution
Reconciliation Committee is “to enable the participation
of all segments of the society to the constitution making
process of the Committee”
34 In accordance with this
principle, a page called “The New Constitution” has
been added to the TBMM website on the initiative
of the speakership for the public and civil society
organizations to deliver their opinions and proposals
on the constitution.
35 The page contains the previous
constitutions, a list of the amendments made on the
constitution, constitution examples from around the
world, and publications such as articles on making a
new constitution, and academic studies, and access to
33 Anayasa Komisyonu Muhalefetten Destek Aldı. CNNTurk. Access Date: June 18, 2012 https://www.cnnturk.
com/2012/turkiye/06/18/anayasa.komisyonu.muhalefetten.destek.aldi/665475.0/index.html
34 Yeni Anayasa Uzlaşma Komisyonu Çalışma Usulleri. TBMM Yeni Ayasa Websitesi. Access Date: October 2,
2012. https://yenianayasa.tbmm.gov.tr/calismaesaslari.aspx
35 TGMA website, the New Constitution page, www.yenianayasa.tbmm.gov.tr
resources that individuals and CSOs can benefit from
while forming their proposals. The New Constitution page
also contains the contact information of the Commission
and its members, as well as the working principles of the
commission.
With the initiative of the spokesperson, the Commission
has addressed the public via various media channels and
organizations, and invited them to deliver their opinions
until April 30, 2012. People delivered their opinions to the
Committee via the website of the New Constitution to the
Parliament’s electronic mail, or through regular mail. At
the same time, several CSOs and universities were invited
to deliver their opinions. A confidentiality decision was
made regarding the opinions delivered to the Constitution
Reconciliation Committee by January 27, 2012. The
opinions were removed from the website, and a thank you
list was published for those who delivered opinions.
36
According to the Constitution Monitoring activities
conducted by TESEV, approximately 64.000 opinions
have been delivered within this period via the new
constitution website by means of TBMM e-mail address,
or by mail. 440 of these opinions have been identified
as belonging to CSOs. However, it is thought that all
CSOs that were recommended and applied for making
a presentation to the commission were invited to make
presentations to the Committee (TESEV, 2012a). In
the “Contribution Meetings” period, as the Committee
called it, the number three sub-committee specialized in
foundations, associations and platforms has interviewed
79 organizations until May 4, 2012. (TESEV, 2012a).
t he p articipation of CSos to the Formation of the
new Constitution process, and the platforms t hey
established
CSOs contributed to the formation of the new
constitution through institutional activities that set forth
their own positions, and through platforms and initiatives
that were established through partnerships with similar or
different CSOs. Some CSOs that operate to improve the
civil society environment have encouraged joint activities
of different organizations in these platforms as facilitators
or promoters.
36 Ayasada Kimseler Duymasın Dönemi. Milliyet. Access Date: 01/27/2012, https://siyaset.milliyet.com.tr/
anayasa-da-kimseler-duymasin-donemi/siyaset/siyasetdetay/27.01.2012/1494282/default.htm
Civil SoCiety Monitoring report 2012

22
In this section of the case analysis, in order to emphasize
the understanding of the scope of activities conducted
by the platforms, and their effect on the formation of
the constitution process, a compilation of information
received during the interviews conducted with the
representatives of the TACSO Project and the Civil Society
Development Center (STGM) that provided support
in order to facilitate the participation of civil society
to the constitution efforts; TESEV that conducted the
Constitution Monitoring Project evaluating the process
from the point of view of civil society; the Constitution
Women Platform that was founded for the purpose of
delivering their common requests, Ecological Constitution
Initiative that channeled the integrated point of view
of nature and human rights, the Rainbow Coalition
Against Discrimination that developed proposals for
the constitution in order to prevent discrimination and
violence against the LGBT individuals, and the Platform
for the Prevention of and Fight Against Discrimination
of the Disabled that advocates for the constitutional
safeguarding of the rights of disabled people.
The STGM has reported its proposals in safeguarding
the freedom of association and presented it to the
Committee, proposing constitutional principles that
would provide a basis for civil society organizations to
operate freely.
37 On the other hand, the STGM undertook
the facilitation of the Bizsiz Anayasa Olmaz Platform (No
Constitution Without Us Platform)
38 and championed
the interaction and cooperation among actors from all
sectors of the society regarding their requests about the
new constitution. The Platform that was participated by
146 CSOs through the meetings organized in Van, Adana,
Izmir, Istanbul and Sanlıurfa has signed a common text
regarding the qualifications that should be included in
the new constitution. The opinion document prepared by
the Platform was presented to the Committee with the
participation of the STGM and the CSO representatives
in the platform. At the same time, awareness and
participation is encouraged for opinion formation and
easier understanding of the methods of transmitting them
to the Committee.
37 The STGM proposal on the freedom of association presented to the TGNA Conciliation Commission for
Constitution can be reached at: https://www.stgm.org.tr/tr/icerik/detay/stgm-orgutlenme-ozgurlugu-ile-
ilgili-goruslerini-anayasa-uzlasma-komisyonu-na-iletti-2
38 For detailed information on Bizsiz Olmaz (Constitution Without Us Platform), visit https://www.bizsi-
zanayasaolmaz.org/.
The TASCO Project has allowed CSOs to come together
and conduct joint activities by providing financial support
for the meetings of the platforms that were formed for
participating in the constitution formation. In order to
raise awareness about the issue, it contributed, along with
the STGM, to the weekly discussion of topics such as civil
constitution, rights advocacy and social transformation
with the participation of experts on the Açık Radio
program Bizsiz Olmaz platforms, enabling a wider
audience to be informed of the demands in regards to the
new constitution.
Besides presenting the institutional report that was
prepared through its activities on democratization, good
governance and local administrations to the Committee,
TESEV has conducted a Constitution Monitoring study.
This study’s purpose was to make a contribution in the
creating an environment for dialogue and negotiation
in public opinion or political communication with civil
society organizations, better enabling the CSOs voices
to be heard. The Constitution Monitoring Project makes
record of the activities of the Constitution Reconciliation
Committee, political parties, and civil society regarding
the new constitution, and shares evaluations of various
academics and experts through published newsletters.
While a great number of civil society organizations have
joined the platforms to be able to generate joint requests
as part of the formation process of the new constitution.
Some CSOs have communicated their opinions and
requests towards their own areas directly to the
Committee. On the New Constitution page of the TBMM
website, names of 35 civil society platforms who delivered
their opinions are included in the thank you list.
39
In TESEV’s second Monitoring Report for the Process of
New Constitution, assessments were made by determining
the common points of the civil society requests regarding
the formation of the constitution and its content by using
the classification titles obtained from the Constitution
Reconciliation Committee in order to establish parallels
with the activities of the Committee. The fundamental
and most prominent request reflected by CSOs regarding
the formation process has been towards the making of
the new constitution with high levels of participation. The
principles of “pluralism, equality and libertarianism”, and
39 The TGNA website, the New Constitution web page, the list of People Who Delivered Opinions, and the
thank you message, https://yenianayasa.tbmm.gov.tr/tesekkur.aspx
Civil SoCiety Monitoring report 2012

23
the emphasis on a constitution that “should be people-
centric not government-centric” upon which CSOs agreed
regarding the philosophy of the constitution, has been the
basic expectations with regards to the public-civil society
relations (TESEV, 2012c).
CSo-public Sector relations during the new
Constitution process
The Consitution Reconciliation Committee that was
assigned to prepare the draft for the New Constitution
has met each week as per the working principles, and
met with at least one CSO to hear their presentation
that communicates the needs and demands of various
groups. The Committee experts and consultants have
sorted out the written and orally delivered opinions
in order to be used during the preparation of the text.
In this process, thanks to the individual and collective
efforts of CSOs, various opinions that were not previously
mentioned under the roof of the TBMM were expressed,
and recorded into the Parliamentary records. Some of
the representatives of CSOs and platforms that we have
interviewed within the scope of the Monitoring Report
have stated that, despite their lack of previous experience
in carrying out lobbying activities, they had meetings with
parliamentarians and representatives of political parties
following their presentations at the Commission.
The process of composing the New Constitution has
played an accelerating role in the CSO-Public Sector
relations in terms of enabling CSOs to come into contact
with the members of the Parliament.
On the other hand, the fact that the activities of the
Committee’s work could not be acknowledged by the
limited statements given to the press indicate that the
CSO-Public Sector relations established in the process of
adopting a new constitution remained limited to opinion
delivery. The TESEV Constitution Monitoring team drew
attention to the difficulty of evaluating how civil society’s
contribution was incorporated into the current system
due to lack of information on how the discussion topics
were handled, the positions taken by the parties, and how
an agreement was reached. The conclusion arrived by the
team through the follow-up of press statements given
by the Commission members is that “contributions from
the society or civil society organizations were valued” in
the Committee activities, and that the discussions were
held “within the sensitivities and priorities of the parties”.
Even though the working principles of the Committee foresee the necessity of primarily agreeing upon the
basic principles that the constitution should be vested
with, they forthrightly started setting down the clauses.
Directly skipping to the writing of the clauses before
discussing and agreeing upon the conceptual framework
of the Constitution was indicated as a deficiency that
complicates the monitoring of how the contributions of
civil society organizations were utilized.
40
CSO and platform representatives interviewed within
the scope of the report have interpreted the first-time
formation of such a clear and accessible mechanism that
regulates and facilitates the participation of civil society
to the legislative processes at a time when opinions
were received for the New Constitution process, as a
positive development. Until a defined date, opinions were
collected in written and oral form, and they were sorted
out by the Committee experts. Then civil society was
consulted, their opinions were received, but a feedback
mechanism on how these opinions were evaluated has not
been established, the activities were not negotiated, and
a permanent topic-specific form of communication has
not been developed. The insufficiency in the systematic
and transparent progression of the discussions on the
Constitution draft is the joint criticism brought in by
the civil society representatives who were interviewed
within the scope of the report. The representatives of
the platform and CSOs have emphasized their intention
of closely following their requests once the draft comes
forward, despite their inability to acquire information
on the extent to which their activities were reflected
on the new text following their opinion deliveries and
presentations to the Committee.
40 This information was received during the interview with Ozge Genc and Pinar Canga from the TESEV
Constitution Monitoring Team on October 10, 2012.
Civil SoCiety Monitoring report 2012

24
The primary school education in Turkey has been
mandatory and free since the founding of the Republic
witnessed various applications depending on the location
of schools, inadequate capacities and development of
the instructors. Before the February 28 period in 1997
41,
the primary school education structure had a gradual
regulation, but according to the law amendment that was
brought with the February 28 period, it was transformed
41 For more information on the February 28th 2013 https://www.globalsecurity.org/military/world/europe/
tu-military-coup-1997.htm
into an eight-year continuous and mandatory primary
school education, and the education process was
maintained over a single program, without the division of
different schools and programs.
Even though joining primary education and making
it continuous has been discussed and evaluated
academically for years, it came into force as late as 1997. It
was observed that this implementation, which lasted until
2012, had significantly increased the rate of enrollment
42.
With the change in 1997, the junior high sections of
Imam Hatip High Schools
43, Anatolian High Schools, and
Vocational High Schools were closed, sparking debates in
the society. Although this change in the education system
has had positive and negative reactions from various parts
of the society, it was observed that the continuous primary
education has increased the enrollment rate of especially
girls over the years. The Ministry of Education, during the
AKP government administration, has strengthened the
access to an eight-year continuous education system, and
encouraged pre-school education.
44
Making the mandatory education gradual has been one
of the decisions adopted at the 18 th National Education
Council in 2010. The decision number 2 of the 18 th
National Education Council Decisions under the title of
“The Strengthening of Primary and Secondary Education,
Providing Access to Secondary Education” states that
“the mandatory education must be regulated in the
manner that allows students to receive education in
different environments as 1 year of preschool education,
4 years of basic education, 4 years of orientation and
preparation education for secondary education, and 4
years of secondary education, for a total of 13 years.”
45
What is striking is that this decision 46 that indicates
significant and radical changes aimed at the foundation of
the education system has not been brought to the agenda
of public opinion and civil society. Only 1.5 years after the
decision, the Draft Law Regarding Amendments in the
42 İlköğretim ve Temel Eğitim Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun Teklifine İlişkin
İnsan Hakları İlkeleri ve Bilimsel Bulgular Eşliğinde Değerlendirme Eğitim Reformu Girişimi (Education
Reform Initiative.) Access Date: February 22, 2012 https://erg.sabanciuniv.edu/sites/erg.sabanciuniv.edu/
files/4%2B4_Eski_GerekceMetni_15032012.pdf
43 Imam Hatip High Schools provide religious secondary education with the pursuit of raising government
employed religious personalle
44 4+4+4: Bir toplama değil Çar(pıt)ma İşlemi. Aytug Sasmaz. https://www.tr.boell.org/web/111-1367.html 45 The 18th National Education Council Decisions, https://ttkb.meb.gov.tr/dosyalar/suralar/18_sura.pdf 46 Please see the Regulations for National Education Council for information on the changes in the composi-
tion of the National Education Council and the participants with the right to vote decisions. https://mevzuat.
meb.gov.tr/html/22398_0.html
“4+4+4 law” in
eduC ation; p artiCipation
oF CSoS in the draFting, enaCtMent, and
appliC ation proCeSSeS
The educational law amendment known as
4+4+4 brought in change to the education
system that is directly affecting individuals from all layers of the society. As part of
the case analysis, the participation of CSOs to the drafting and approval stages of the
4+4+4 law proposal, and their influence on
the approval process of the law proposal is analyzed.
CA sE
AnAL ysis
Civil SoCiety Monitoring report 2012

25
Primary School and Education Law and Other Laws has
been presented at the TBMM Chairmanship in February 21,
2012 and this way the issue was brought to the agenda.
Within the scope of the draft law presented to the
TBMM Chairmanship by the ruling AK Party group, the
transformation of the continuous eight-year primary
education system into a twelve-year practice in three
four-year stages, has been set forth. The content of
and the justification for the draft law set the age of
vocational training back. Additionally, the stages in
the education system were made discontinuous and
proceeding to the apprenticeship education or distance
education beginning from the 5
th grade (second stage). 47
The re-opening of the religious junior high schools and
allowing students to transfer to these schools after the
completion of the first stage, which is until the 5
th grade,
have also been brought to the agenda within the scope
of this draft law.
CSOs that work in the field of education have started
to inform the general public about the positive and
negative effects of the changes that will occur if the
amended law is accepted after it is delivered to the TBMM
Chairmanship. CSOs also aimed to discuss the draft law
in depth. Additionally, they carried out activities that
provided support and delivered criticism towards the
draft law. Some CSOs argued that the draft law should be
reviewed while others suggested its withdrawal.
The shared reaction to the Draft Law is the criticism
that bringing a distance education option in the gradual
system, starting from the second stage, can lead to
abuse. The draft law has caused worries about losing all
the gains that were achieved over the years on various
issues CSOs have fought for, such as child labor, child
brides, children with disabilities, and the exclusion of
girls from formal education. Therefore, the draft law was
carried over to the agenda of CSOs that work in the area
of education, as well as organizations that work for child
rights and disability rights. These organizations have
tried to reach the public and the government through
demonstrations and marches they organized about their
criticisms of the Draft Law.
48 Similarly, CSOs that support
the changes that were set forth by the Draft Law have
organized activities to communicate with and shape
47 Aytug Sasmaz, ibid.48 4+4+4’e Karşı Onbinler Yürüdü. Bianet. Access Date: September 16, 2012. https://bianet.org/bianet/
bianet/140894-4-4-4e-karsi-onbinler-yurudu
public opinion for the draft law to be accepted. Their
activities were carried out both alone, and also through
higher organizations such as platforms and federations
they are members to.
49
Ismail Cenk Dilberoğlu, the Chair of the Board of Trustees
of Ensar Foundation 50, one of the organizations that
support the draft law, has stated that the foundation
participated in the process discussing the draft law via
an invitation to deliver opinions to the Sub-Committee
founded in the TBMM National Education, Culture,
Youth and Sports Commission (National Education
Commission). Dilberoğlu believes that the proposed
changes in the education system correspond to a public
demand, and that it is a step taken towards correcting
some of the mistakes that were made until today.
Dilberoğlu has explained the scope of the communication
practices and support activities conducted by Ensar
Foundation during the process in regards to the draft law
as follows:
• The fact sheet titled 4+4+4 Education System
51 was
prepared and mailed to a list of 5000 people such as
rectors, columnists, and bureaucrats who are thought
to be influential. This fact sheet was reproduced by
printing it along with studies called the Religious
Institutions in the New Constitution, Religion Education
and Training and Voluntary Religion Education.
• The Minister of Education and the bureaucrats of the
Ministry, considered the primary correspondents of
the issue, have been visited with the participation of
various CSOs such as Turkey Volunteer Organizations
Foundation, Imam Hatip Association of Graduates
and Members (ONDER), and the Society of Spreading
Knowledge, and shared statements were made.
• Ensar Foundation’s support for the Draft Law was
announced to larger masses via advertising in national
newspapers.
Family associations and confederations with the aim of
preserving moral values and strengthening the family
49 Kadınlar 4+4+4 için Meclise Yürüyor. Hurriyetegitim.com. Access Date: March 26, 2012, https://www.hur –
riyetegitim.com/haberler/26.03.2012/kadinlar-444-icin-meclise-yuruyor.aspx
120 120 Sivil Toplum Örgütü 4+4+4 Eğitim Sistemine Destek Çıktı . Sabah. Access Date: March 28, 2012,
https://www.sabah.com.tr/Egitim/2012/03/28/120-sivil-toplum-orgutu-444-egitim-sistemine-destek-cikti
50 For more information on Ensar Foundation www.ensar.org.tr51 The 4+4+4 Education System; Religious Institutions in the New Constitution, Religion Education and Train-
ing; Voluntary Religion Education. Ensar Foundation. https://www.ensar.org/ENSAR_12_yil_kademeli_zo-
runlu_egitim_raporu.pdf
Civil SoCiety Monitoring report 2012

26
institution, as well as CSOs that work on the subject of
education of religion and values have conducted visits to
the authorities, and made statements to the public with
an effort to support the proposed change.
52
The criticisms from CSOs that opposed the draft law
were concentrated on the shortness of the duration of the
Draft Law being brought into question and opened up for
discussion. One evaluation claims, that “the draft law that
contains a radical change in the area of education, and
concerns the whole society has materialized without the
conducting any research and impact evaluation processes,
and by widely ignoring the opinions of CSOs and
universities”.
53 The Education Reform Initiative (ERG) 54
which closely follows the education policies, and informs
the public via the annually published monitoring reports,
prepared fact sheets on the opinions that were delivered
during the Draft Law being brought into question and
being discussed, and shared the demands and criticisms
with the public, as well as public institutions. The ERG has
conducted the below activities within the scope of the
draft law:
• Preparation of a fact sheet called What is Continuous
Primary Education?
55 in order to contribute to placing
the discussions on the draft law on an accurate basis.
Via this fact sheet, ERG criticized the draft law on what
the discontinuous and continuous education systems
are, and talks about examples from other countries
regarding the issue.
• Activities for raising awareness, shaping public opinion,
and communication that were initiated by the ERG in
this process have been maintained under the name of
the 4+4<8 campaign. It evaluated the draft law in line with the human rights principles and scientific findings, and underlined that the 8-year continuous education was a system that was debated and developed both among the academic circles, as well as the National Education Councils before it was put into effect. On the other hand, it published fact sheets that intend to shed light on the debates regarding some issues that appear in the motives of the Draft Law, such as vocational 52 Full Support for the 4+4+4 from Associations, Foundations and CSOs. Magazine of Associations. Issue 19, February 2012 53 Aytug Sasmaz, Ibid54 For detailed information about the Education Reform Initiative https://erg.sabanciuniv.edu/ 55 Kesintisiz Temel Eğitim Nedir? Eğitim Reformu Girişimi (The Education Reform Initiative.) https://erg. sabanciuniv.edu/sites/erg.sabanciuniv.edu/files/ERG_KesintiliEgitim_BilgiNotu.pdf training, pre-school education, mobile education that persists in the rural regions, and religious education. 56 • As part of the campaign, a press conference led by the ERG was co-organized with several CSOs in order to present opinions regarding the Draft Law, and to shape public opinion. 57 This press conference aimed at divorcing the debates on the Draft Law from an ideological backdrop, and placing it in the agenda in accordance with scientific findings. As it is understood from the processes that were explained within the scope of the case analysis, the Draft Law has led to the debate processes where positive and negative opinions of the general public and CSOs were expressed. Upon reactions that emerged in the public opinion on the Draft Law, the TBMM National Education, Culture, Youth and Sports Commission has formed a Sub-Committee to re-discuss the Draft Law. A group of CSO that proposed opinions for the development or amendment of the Draft Law was invited to the Sub-Committee meetings on February 28 and 29, 2012 in order to share their opinions. The Council of Higher Education, Ministry of Education, Ministry of Finance, four Education Unions 58, representatives of eight CSOs 59 and the Deans of Schools of education from two universities 60 participated in these meetings. Written opinions from other CSOs, universities, and citizens were also delivered to the Commission. 61 After the debates in the Sub-Commission that took place with the participation of a limited number of CSOs, some amendments were taken into account that expressed concern for CSOs. This is considered a positive step by CSOs. According to these amendments, the provisions that enable correspondence schools and apprenticeships training at the 5-8 grade levels, and leaving the mandatory secondary education to the initiative of the Council of Ministers were removed. 62 This way, regulations that could 56 All fact sheets prepared by the ERG in order to ensure healthy performance of the discussions on the issue: https://erg.sabanciuniv.edu/node/756 57 Detailed information on the ERG’s 4+4<8 campaign can be found in the case analysis of the media chapter of the report. 58 Egitim-Is, Egitim-Sen, Egitim Bir-Sen, Turkish Egitim Sen59 The Confederation of Turkish Tradesmen and Craftsmen, Education Reform Initiative, The Turkish Education Foundation, Turkish Educational Volunteers, ONDER, Economic Policy Research Foundation of Turkey, Turk - ish Education Association, Ensar Foundation 60 The Middle East Technical University, Gazi University61 The TGNA National Education, Culture, Youth, and Sports Commission Report, https://www.tbmm.gov.tr/ sirasayi/donem24/yil01/ss199.pdf 62 Aytug Sasmaz, Ibid. Civil SoCiety Monitoring report 2012 27 have been the legal basis for reservations such as reducing the age of becoming an apprentice to 11, proliferation of child labor, and the exclusion of girls and disabled kids from the formal education environment at the second or third stages were withdrawn. On the other hand, certain regulations were added to the law text, such as the “offering of” two courses called “’The Koran’ and ‘The Life of Our Prophet’” as ‘optional elective courses at junior high schools’ 63,even though they were not discussed in the Sub-Committee meetings attended by the CSOs, nor put in the Commission report. As is seen, although the purpose of the formation of the Sub-Committee was in order to include civil society in the consultation processes is considered to be a positive development, the execution of the consultation processes prior to the formation of the draft law is thought to be a significant shortcoming in terms of the CSO-Public Sector relations. The process of consultation with civil society were limited to only two days of meetings with the participation of a limited number of invited CSOs following their intense reactions and campaigns towards the Draft Law. In the National Education Council at the end of 2010 attended by politicians, academics and CSO representatives, an advisory jurisdiction was made regarding the new system. Aytuğ Şaşmaz, an ERG political analyst, stated that this decision does not have the sufficient legitimacy due to the fact that the member composition of the most recent Council has been changed towards achieving the majority of members affiliated to the Ministry and the government. In addition, a decision was made without adequately debating the issue in the Council’s General Assembly. The Ministry of Education in its question-answer document 64 called the “12-Year Mandatory Education,” stated that the criticisms of civil society towards the new system are prejudicial, and they are seen as oppositions caused by lack of information and ideological point of view. The criticism of CSOs on the new system in an official document published by a public institution in this manner is one of the indicators regarding the mismanagement of a participatory decision-making process between the public sector and CSOs. The interviews that were conducted as part of the Civil Society Monitoring Report 2012 show that CSOs that 63 Aytug Sasmaz, Ibid.64 12 Yıl Zorunlu Eğitim. Ministry of Education. https://www.meb.gov.tr/duyurular/duyurular2012/12Yil_Soru_ Cevaplar.pdf organize activities towards supporting and criticizing the new system have a shared concern regarding this very important law and system amendment being brought on to the agenda and put to practice within such a short period of time, (2.5 months). CSOs that approach the new draft law differently have all made an emphasis on the fact that the infrastructure is not ready for the new education system, that the system and the execution have not been debated via participatory and egalitarian processes, and that the general public, as well as CSOs, were not properly informed. Another commonly shared opinion that kept reoccurring during interviews with the CSO representatives who either supported or did not support the law is that there was not enough time for receiving and evaluating the opinions and contributions of the civil society during the designing, enactment, and implementation of the regulation of the new education system. Additionally, it was stated that there is no equality and participatory debate mechanisms that would allow views from different backgrounds to be incorporated to the law. It has been pointed out that a consultation process had not been initiated with CSOs via a preparation notice at the earlier stages of the law process regarding the law amendment that caused radical changes in the education system, and that the expert CSOs were not consulted on the relevant areas. Following reactions from CSOs and the general public, the Sub-Committee meetings were organized as a mechanism for the civil society to express themselves, which was considered as a positive step in terms of the CSO-Public Sector relations. It has been viewed as significant that CSOs that participated in the Sub- Committee meetings were composed of organizations with different opinions regarding the draft law. On the other hand, it is interesting that the Sub-Committee only listened to CSOs receiving an invitation, and reserved only two days for the debates on the draft law, which contains radical changes in the education system. However, the fact that various amendments were made on the draft law based on the opinions of CSOs is considered a significant gain for CSOs, and it serves as a model regarding the CSO-Public Sector relations. CSOs that were interviewed as part of the Civil Society Monitoring Report have stated that they were going to report and share the positive and negative developments during the implementation of the law amendment with the public in order to help improve the system. Civil SoCiety Monitoring report 2012 28 The October 23, 2011 earthquake measuring 7.2 at the epicenter of Van-Erciş, has created destructive damage in Van and its districts, causing a high amount of fatalities and property damage. The second earthquake, on November 9, 2011, measuring 5.6 at the epicenter of Van-Edremit, occurred at a time when the recovery relief activities for the first earthquake were still continuing. This caused several people, including relief volunteers and search and rescue teams, to lose their lives. The Secretary General of the Human Rights Foundation of Turkey (THIV), Metin Bakkalcı stated that even though Van is known to be a first-degree disaster area, shaken by several major earthquakes throughout its history, it had not gone through the pre-earthquake preparation process called the “primary protection”. 65 According to the Istanbul Technical University Institute of Earthquake Engineering and Disaster Management’s 65 Van’da İstenirse Organizasyonsuzluk Hali Aşılabilir. Bianet. Access Date: November 29, 2011. https://bianet. org/bianet/toplum/134402-vanda-istenirse-organizasyonluk-hali-asilabilir report, considering the locality of the earthquake, simple engineering mistakes, ignoring the fundamental rules in establishing load-bearing systems and lack of engineering services in the reinforced concrete buildings are among the causes of high quantity of loss of life and property. Other reports, published by various institutions including the TMMOB Chamber of Geophysics Engineers, upon inspection emphasizes that negligence during the construction of the buildings is another cause of the destructive damage of the earthquake including negligence of the public institutions is strongly pointed out. Although the pre-earthquake measures were insufficient, CSOs that TUSEV has interviewed have stated that compared to the period following the 1999 Marmara Earthquake, the Van Earthquake activities have been conducted more efficiently and harmoniously in terms of search and rescue activities within the critical first 72 hours. The fact that a great deal of experience had been gained regarding crisis management and immediate reaction in the aftermath of the 1999 Marmara Earthquake has a significant influence on this. As expressed by Saydun Gökşin, the Secretary-General of Search & Rescue Association (AKUT), after the Van Earthquake and with the influence of the founding of the Prime Ministry Disaster & Emergency Management Presidency (AFAD), public institutions have acted more planned and well prepared in terms of transportation of primary needs to the region, transportation of medical teams and equipment, and the search and rescue activities were better coordinated. AFAD, conducting its post-earthquake activities at a national level on the basis of 7 days and 24 hours, and the Disaster and Emergency Management Center, which operates on the basis of 24 hours within the Van Governor’s Office, have been influential in the efficient search and rescue activities. The infliction of serious damage of the earthquake in Van and the surrounding districts, caused various national and international aid campaigns, and brought along several questions regarding CSO-Public Sector cooperation, crisis management, loss assessment, and revival activities. At first stage, several national and international civil society organizations, as well as public institutions have intensively provided support in various ways for the needs of the earthquake victims in the areas of accommodation, food, clothing and psychological/social support. the v an earthquake and CSoS The disaster management of the 2011 Van Earthquake, the CSO- Public Sector collaboration after the earthquake, and the aid collected had been one of the most widely discussed topics in the area of civil society in the past year. CA sE AnAL ysis Civil SoCiety Monitoring report 2012 29 CSo activities in the a ftermath of the v an earthquake Following the Van earthquake, several CSOs that operate in the city have also become victims of the earthquake. September 2012 interviews conducted present by TUSEV that several CSOs operate inefficiently due to the fact that their buildings have been destroyed or suffered severe damage during the earthquake therefore making them continue their operations under poor physical conditions. A large number of CSOs lacking resources to move into another building have still been operating in containers even though it has been a year since the earthquake. There are CSOs that managed to survive and maintain their activities thanks to the devotion of the association employees. For example, the Association for the People with Physical and Mental Disabilities, despite the fact that they operate under poor physical conditions, have been continuing its operations for the disabled at the home of the association’s General Director. Some CSOs, on the other hand, have completely suspended their activities due to their unsuitable financial and physical conditions following the earthquake. Women’s rights organizations in Van, although are continuing their activities geared toward women and children, have pointed at the malfunctions experienced in the implementation of the social/psychological support activities assessments due to the difficulties experienced in terms of initially operating in tent cities. Civil society organizations operating in other cities of Turkey, in addition to their post-earthquake urgent need relief efforts, also conducted reporting activities in the region. CSOs such as AKUT, the Sarmaşık Association and Kimse Yok Mu? Association supported the region through search and rescue activities, in addition to campaigns for monetary and in-kind support. During this process, AFAD was appointed to exclusively deliver support 66 in a fast and healthy manner to the earthquake zone, and the monetary support were collected in a Prime Ministry bank account. The Foreign Affairs Ministry who initially stated that they would not accept foreign aid on the grounds that there was no need, announced in the following days after the earthquake that there was need for tents, prefabricated housing, accommodation containers, and that they would accept foreign aid. 67 Aside from the aid campaigns that 66 https://www.resmigazete.gov.tr/eskiler/2011/10/20111025-18.htm 67 https://www.bbc.co.uk/turkce/haberler/2011/10/111026_turkey_van. html were announced via the media, CSOs have initiated aid campaigns of various scales within the scope of their organization’s activities. For instance, the paper collectors in Istanbul and Ankara have gathered parcel pieces and other useable materials that they collected recyclable waste from the Recycle Workers Association for those who wanted to send aid but were having difficulties in finding boxes. The collected boxes were delivered to those in need of them. 68 Organizations such as the Educational Volunteers, the Mother Child Education Foundation, and the Turkish Educational Foundation have conducted important campaigns and activities in Van in the field of health and education for mothers. Campaigns aiming at helping the earthquake victims from various aspects following the earthquake were not limited to search and rescue, and monetary/in- kind aid collection campaigns. Several civil society organizations in different cities of Turkey have devotedly contributed to the region with psycho-social support campaigns. The Documentarist that operate under the umbrella of the Avrasya Arts Collective (ASK) have organized film workshops and creative art workshops as a psychological comfort for the child earthquake victims within the Playhouse, opened with the support of Van Municipality 69. Gündem Çocuk Association, operating in Ankara, established a news blog, a weekly newspaper, internet radio, and radio shows that were created by the child earthquake victims as a result of their eight weeks long work. The Association of Turkish Psychologists have organized meetings in order to inform the public institutions about the psycho-social activities, and conducted various psycho-social support activities that target children, youth and adults at the centers they opened in Van and Erciş. The Van earthquake is an important case for analyzing spontaneous civil society reactions and activities in moments of crisis. The Van, You Are Not Alone (YDV) blog that was immediately started a couple of hours after the Van-Erciş earthquake in October 23, operated as an information coordination support website that posted up-to-date information on the status of search and rescue activities and aid campaigns following the Van 68 Kağıt Toplayıcılarından Van’a Destek. Bianet. Access Date: October 27, 2011 https://bianet.org/bianet/ toplum/133664-kagit-toplayicilardan-vana-destek 69 Detailed information about the activity can be reached at https://www.documentarist.org/doc_gazete/ HangiInsanHaklari2011_Van_ElifErgezen.html. Civil SoCiety Monitoring report 2012 30 earthquake. It also published lists of necessities, and its activities were performed completely by volunteers. The reporting activities conducted by CSOs in Istanbul are quite significant in terms of documenting the process that unfolded in the aftermath of the earthquake. Mazlum-Der published the Evaluations About the 2011 Van Earthquake and the Earthquake Report About the Process of Claiming Rights for People Who Suffered Damage at the Earthquake, 70 which elaborates on the human rights violations in the region and aims at informing the earthquake victims about the criminal liability, legal liability, compensation processes with regards to state’s responsibility. Another CSO that analyzed the Van Earthquake in terms of human rights violations, The Human Rights Associations (IHD), documented its findings on violations of rights to life, shelter, health, and discrimination via the IHD Van Earthquake Report 71, upon their field visit to Van. According to the interviews with CSOs, the most troublesome issue for all the Istanbul-based CSOs who operate in the area of disaster management during the phase of effective and efficient transportation of the aid to those in need, as well as the phase of assessment and the reporting of the current status, is about the Public Sector-civil society collaboration and dialogue during the post-earthquake period. CSo-public Sector Cooperation In order to analyze the civil society-Public Sector relations during the period that followed the Van earthquake in a more holistic way, it is beneficial to study the internal dynamics of the public institutions in the region, and to examine the role of these dynamics in determining relations with CSOs. Regarding the coordination and cooperation among the regional public institutions, the continuation of the evident communication gap between the Van Municipality and the Office of the Governor during the post-earthquake period have been frequently mentioned by CSOs. The media have also elaborated on this issue by stating that the communication gap in areas needing joint efforts in 70 The full report can be reached at https://istanbul.mazlumder.org/yayinlar/detay/raporlar/3/van-depremine- iliskin-degerlendirmeler-ve-zarara-ugramis-kisilerin-hak-arama-sureclerine-iliskin-deprem-raporu/572. 71 The report is accessible at https://www.ihd.org.tr/. strategic and collective decision-making. According to the story published in the Birgün newspaper, “journalist Ahmet Hakan stated that there is an organizational mishap in the earthquake region, and because the Mayor of Van, Bekir Kaya, is affiliated to the Peace and Democracy Party (BDP) 72, both the office of the governor, and the local bureaucratic organizations of the AKP government do not want to collaborate with them.” 73After the October 23 earthquake, the initial absence of the municipality at the AFAD city coordination center, its taking a backseat approach as a local actor that knows the city well during the damage assessments and the restructuring of the city are examples of the lack of coordination between the office of the governor and the municipality. When we analyze the activities at the ministry level, the Ministry of Family and Social Policies, and the Ministry of Environment and Urban Planning, by their area of operation, seem to be the ministries that can collaborate with civil society organizations during joint decision- making processes when considering the primary needs in areas such as the social/psychological support and restructuring after the earthquake. According to the Child Foundation’s report 74, the services were not sufficient in terms of the Ministry of Family and Social Policies, family-society relations, psycho-social support for children and women, and the short-term and medium-term programs generated for the elderly and disabled. During the interviews conducted by TUSEV with CSOs in Van, it has been stated that initially there had been delays in women organizations’ access to the tent cities, and in getting permits for their activities in the tent cities. These delays are stated to have caused deficiencies in needs assessment, in determining the areas that are of top priority, and posed a challenge in determining the true conditions of the women living in the tent cities. In addition to this, it has caused the public institutions to fail to benefit from the experiences of organizations that closely know the region and follow its needs. The Ministry of Family and Social Policies and the Ministry of Health managing different programs in the region in the areas of psycho-social support activities, caused more than one organization to perform similar tasks, and this issue 72 Pro-Kurdish Peace and Democracy Party 73 Ahmet Hakan: The BDP’s Municipality in Van is Being Marginalized. Birgun. Access Date: October 27, 2011 https://www.birgun.net/actuel_index.php?news_code=1319733247&year=2011&month=10&day=27 74 The full report is accessible at https://www.cocukvakfi.org.tr/icerik.aspx?id=118. Civil SoCiety Monitoring report 2012 31 became an example for lack of coordination, which has been frequently mentioned by CSOs. It was mentioned that the CSO-Public Sector relations were not at a desirable level during the region’s restructuring process. According to the Sociological Observations Report prepared by the Child Foundation, as a result of the survey study conducted under the leadership of an academic staff, there was miscommunication between the Ministry of Environment and Urban Planning and the Chambers of Architects during the restructuring process of Van. The miscommunication occurred regarding the damage assessment and determining issues related with housing and business areas. CSOs which have members who are experts and academics as geologists, civil engineers, city planners, and city sociologists in the region have not been involved in the restructuring process of the region until recently, and this has hindered the process of finding solutions to the city’s shared problems through democratic and participatory means. Furthermore, the initiation of a restructuring process without the participation of CSOs in the decision-making processes resulted in outcomes which do not reflect public demand. When we analyze the post-Van Earthquake process from the perspective of CSO-Public Sector cooperation, flaws are observed at the collaboration level. In the interviews conducted with regional and national CSOs that were active in Van after the earthquake, it has been stated that the CSO-Public sector cooperation had not been at a desired level. During these interviews, it was emphasized that while some of the organizations that perform right- based activities and wanted to conduct similar activities in the region were able to get the necessary permits from the Office of Van Governor, others were not able to do so. In the interviews conducted with the local CSOs in Van, it was mentioned that the public institutions did not treat CSOs equally, and that the political phases in Van played a role in determining relations with CSOs. Some of the interviewed CSOs expressed that the relationships established with the public institutions prior to the earthquake have played a positive role in finding support for some of their activities. The absence of egalitarian and transparent mechanisms to define the CSO-Public Sector relations have at times made it difficult for CSOs to operate effectively and efficiently, negatively affecting the scope of activities and the number of earthquake victims’ benefitting from these activities. Collected aid In the aftermath of the Van earthquake, numerous national and international aid campaigns were started in order to be able to immediately respond to the needs of the people in the region. Social media had played a significant role in the wide proclamation of these campaigns. The “Van You Are Not Alone” web-site built via WordPress, the “My House is Your House Van” campaigns initiated by the journalist Ahmet Tezcan via Twitter, and the #Pray4Turkey used for initiating international support for the earthquake, also via Twitter, have all played a major role in sending assistance and aid to the region via social media. Although it is a well-known fact that a sizeable amount of aid were collected for the region following the Van earthquake, the lack of transparency in the sharing of information regarding the collected aid has resulted in not being able to obtain information on the effective distribution of the collected aid to those in need. The response given to a Rights to Information application 75 made on behalf of fourteen women’s organization regarding the amount of collected aid to the Governorship of Van Disaster Coordination Center and its use following the Van earthquake strengthens the questions marks surrounding the collection and distribution of the aid in a transparent and accountable fashion. According to the response given to the petition, the monetary aid was collected in bank accounts that belong to the Prime Ministry; however the question asked by the women’s organizations about the amount of collected aid was left unanswered. Therefore, a clear response regarding the amount of collected aid, as well as how it was used was not received. The fact that none of the CSOs that were interviewed had benefited from the aid collected in the Prime Ministry’s account makes it impossible to obtain clear information regarding the use of the aid. However, in the booklet published by AFAD in the aftermath of the Van Earthquake, the information below was provided regarding the aid collected after the earthquake. According to the table, it is striking to see that CSOs who are suffering several problems in terms of their financial sustainability had provided aid approximately twice the size of the aid provided by the private sector 76. 75 Van Depremi Yardımlarına Ne Oldu? Bianet. Access Date: January 26, 2012 https://ww.bianet.org/bianet/ diger/135727-van-depremi-yardimlarina-ne-oldu 76 Van Depremi Raporu, Başbakanlık Afet ve Acil Durum Yönetimi Başkanlığı https://www.afad.gov.tr/TR/ IcerikListele1.aspx?ID=107 Civil SoCiety Monitoring report 2012 32 The activities related to collection of aid following the Van Earthquake have also provided an important opportunity to observe how the earthquake victims perceive civil society organizations. According to the research conducted by the Child Foundation, 72.2% of the earthquake victims believe that the international institutions, 72.4% believes that the municipalities, 69.8% believes that the civil society organizations, and 54% believes that the Red Crescent have not provided them any assistance at all. CSos in van one year after the earthquake According to the interviews conducted with CSOs in Van one year after the Van Earthquake, the lack of transparent and accountable mechanisms to monitor how the collected aid was spent for those in need persisted. The lack of communication among the public institutions that operate in the region made it harder to establish collaborative work, and this situation had repercussions on the CSO-Public Sector relations, as well as the activities of the CSOs. The unfavorable physical and financial conditions of the CSOs whose buildings were destroyed by the earthquake became an impediment in conducting effective and efficient work. When the process that was developed following the Van Earthquake is evaluated from the viewpoint of CSOs, the fact that the search and rescue activities were conducted in a more coordinated and effective manner due to the experience gained in the aftermath of the 1999 Marmara Earthquake, and the establishment of AFAD has been considered as a positive development. Another acknowledged positive development has been the comprehensive and effective contribution of CSOs that operate in various Turkish cities to the needs that arose in the aftermath of the Van Earthquake. Despite the difficult conditions that persist in the region, it was proven that civil society in Turkey could come together and conduct joint activities following a disaster in the aftermath of the Van Earthquak e. tABle 3: tHe vAn eArtHqUAKe eXpenSe DiStriBUtion tABle (AFAD, 2012) Total Immediate Aid Subsidy Sent 460.417.357 TRY THE PRIME MINISTRY 10.000.000 TRY Expenses Made From the Humanitarian Aid Accounts 224.030.000 TRY Expenses of Other Ministries, Public Institutions and Organizations 1.174.500.513 TRY The Red Crescent 121.740.373 TRY CSOs (Debriefed) 24.860.000 TRY Governorships 21.345.000 TRY Private Sector 13.880.000 TRY Total Amount of Materials Came From Abroad 76.849.000 TRY The Transfer Amount to TOKI for Permanent Housing 1.232.673.916 TRY Total Cost of Van (Exclusive of the remaining transfer amount to TOKI for permanent housing) 3.362.548.699 TRY publiC ServiCe announCeMent S and CSoS The public service annuncement practices that were commonly seen on the radio and TV stations during the period of 2011-2012 are analyzed considering the application process, the CSO experiences towards proposal decisions, and the broadcasting of the public service announcements. CA sE AnAL ysis Civil SoCiety Monitoring report 2012 33 Public service announcements (PSAs) are one of the most effective mediums that can be used by the CSOs to raise awareness and communicate their activities. CSOs that work in various areas such as environment, education, health, women’s rights, physical and mental disabilities are using public service announcements as part of their awareness raising and fundraising activities by widely advertising their projects and campaigns. Several organizations that lack sufficient funds to broadcast their announcements and promotions on TV stations and radio stations are able to apply to the Radio and Television Supreme Council (RTUK), and this way their announcements are recommended to be aired as public service announcements. Broadcasts that are recommended as PSAs are not considered within the commercial space, that is commercial broadcast, and therefore those considered public service announcements are encouraged to be broadcasted for free or for a very nominal fee. The RTUK have published a circular on August 8, 2012 regarding public service announcement methods to clarify codes of practice. Short films and radio spots that earn a public PSA certificate, in accordance with the Public Service Announcement Circular 77, have offered 77 The Public Spots Circular can be reached in Turkish at https://www.rtuk.org.tr/sayfalar/IcerikGoster. aspx?icerik_id=bb9dc728-3874-4fdd-917e-97891ecf334b . an opportunity to CSOs to widely share their advocacy activities, and to make contribution calls for their campaigns via visual and audial media. The Public Service Announcement Circular regulates the principles regarding the recommendation of PSA, terms of application, PSA run time, and their validity within the framework of the existing legislation. According to the information given as a response to the access to information application submitted to the RTUK within the scope of the Monitoring Report, there were 183 PSA applications submitted to the Supreme Council in 2012. Among those who applied, there were central public institution units, local administration units, one corporation, inter-governmental institutions, two city councils, CSOs, as well as vocational chambers. 148 of the PSA applications were accepted, while 34 of them were rejected. According to the response to the access to information application, associations and foundations have submitted 78 PSA applications, and 56 of these were accepted. 72 out of 83 applications made by the public institutions were also accepted. Public institutions and CSOs in their applications are required to submit a CD/DVD that contains an essay explaining the goal of the broadcast, and the final version of the PSA film or radio announcement to the RTUK. In addition to these documents, the necessary permit documents are also requested for the broadcasts with the goal of collecting aid. According to the rules determined by the Supreme Council, film and sound recordings cannot be longer than 45 seconds, and they cannot contain advertisement. The 4 th clause of the circular, demands that the PSA be prepared “about events and developments that concern social matters and have a public-benefit in their communication”. The positive responses received for the applications function as recommendations; the announcements of organizations with a PSA certificate are recommended to be broadcasted for free, exclusive of the TV commercial run time limit. These recommendations do not impose any obligation onto the TV and radio stations, and in the case that these announcements are broadcasted, the channels/stations define their own air times. Public service announcements bring along various debates due to the goals they serve, the underlying messages, and the organizations they belong to. Whether WHAT iS A PUBLiC SERViCE ANNOUNCEmENT? According to the Public Service Announcement Circular’s 3 rd(c) clause, a Public Service Announcement means “informational and educational film and sound recordings along with their lower band that were prepared or ordered by public institutions and organizations, as well as civil society organizations such as associations and foundations, and considered a public-interest broadcast by the Supreme Council”. The public service announcements are broadcasted for free and they are not added to the duration of the commercials as per the clause 10(5) of the Law on the Foundation and Broadcast Services of Radios and Televisions. ! Civil SoCiety Monitoring report 2012 34 the short films, that were granted a PSA certificate, are giving democratic, participatory, and pluralistic underlying messages have become a popular topic debated by experts. Experts stated that these films, without hidden advertisements and elements of propaganda, should take advantage of this right in order to have the PSAs result in awareness-raising outcomes in informing the public. Sevgi Özkan, of the Middle Eastern Technical University (ODTU) Department of Sociology, has emphasized the importance of “a social advertisement not containing implicit or explicit personal or institutional interest and propaganda” in terms of the public-interest that is targeted through such visual media. In this context, she criticized the recent and more frequent, free broadcasts of “public service announcements based on government activities” in the visual media as if they were social advertisements for the public interest. 78 The general opinion of columnists who argued this issue in their articles is that PSAs are not used appropriately. In his Hürriyet newspaper article, Yalçın Doğan stated that “the government leaves no room for other PSAs, which are foremost considered over civil society organizations.” 79 Doğan also mentions that the conformity criteria are ignored when it comes to the public institution, and criticizes the Ministry of Justice PSAs that exceeds the allotted 45-second time limit in their continued broadcasts. With changes made in 2011 and 2012, the free broadcasting of various ministry PSAs were made obligatory for the network channels during the “prime- time” time slots, between 5p.m.-10p.m. The Supreme Council evaluates the audial and visual materials prepared by these ministries according to the broadcasting principles, and those that are found appropriate hold the PSA inscription at the time of the broadcast. When the relevant provisions are closely analyzed, it is seen that each mandatory broadcast has to be aired monthly for at least ninety minutes, and thirty minutes of these have to be aired/announced between 5p.m. and 10p.m., while the rest have to be aired/announced between 8a.m.- 10p.m. 80 CSOs that were interviewed as part of the Monitoring Report have mentioned that the applications they submit 78 Kamu Spotları Çocuklara Ne Veriyor? Radikal. Access Date: August, 4 2012. https://www.radikal.com.tr/ Radikal.aspx?aType=RadikalDetayV3&ArticleID=1096172&CategoryID=99 79 Hayatımız Kamu Spotu. Hurriyet. Access Date: September, 27 2012. https://www.hurriyet.com.tr/yazar - lar/21562913.asp 80 Articles on Mandatory Broadcasting. The Radio and Television Supreme Council. Can be reached in Turkish: https://www.rtuk.org.tr/sayfalar/IcerikGoster.aspx?icerik_id=5012ecdc-4434-4285-878c-d7fb3f20b1eb to the Supreme Council are answered between three weeks to a month. Some of CSOs found the opportunity to broadcast their spots on TV channels for free, since they were approved and recommended by the RTUK. Yet, the PSAs had to be broadcast between the hours of 2a.m.-4a.m., when the viewership is quite low. It was also mentioned that the channels requested a fee from the CSOs for broadcasting their PSA during hours with wider viewership, and that these fees are substantially high for CSOs, despite the discount compared to the regular TV commercial rates. An executive of a CSO whose PSA was accepted has explained the terms of broadcast as follows: “Even though the films that were sent to the media, along with the RTUK’s letter of approval, are broadcasted, they are not shown during hours with high viewership ratings. Unfortunately, since it is a free broadcast, TV channels are reluctant to air the videos during the channel’s popular hours. Although media channels tend to provide discounted rates to air the videos during popular hours, the prices are still very high for CSOs. The free broadcast is usually done very late at night between 2a.m.-4a.m.” As research shows, the PSA applications of some CSOs are rejected. The applications for the Against Violence Against Women 3 Film 81 produced by the Mor Çatı Foundation and 17 other women’s organizations for television for the Fight Against Violence Against Women Day in 2011, have been rejected by the RTUK on grounds of “violating gender equality.” 82 RTUK has stated that the reason why the films were rejected for as a PSA was that it contained phrases such as “men do not cry, they make you cry” making references to all men, and contain generalizations that are derogatory to gender equality. 83 A CSO that operates in the area of fighting against corruption expressed that the Supreme Council had sent a rejection letter not specifying reason(s) for the rejection of the application sent in 2011. Considering the fact that short films and radio announcements that are produced to be aired as public 81 Mor Çatı Videolarına RTÜK Engeli. CNN Turk. Access Date: December 13, 2011 https://video.cnnturk. com/2011/haber/12/13/mor-cati-videolarina-rtuk-engeli 82 RTÜK İçin Erkek Daha Eşit. Bianet. Access Date: December 13, https://bianet.org/bianet/bianet/134736-rtuk- icin-erkek-daha-esit 83 Kadına Şiddeti Kim Yapar? Cati Women’s Shelter Foundation Press Release. https://www.morcati.org.tr/tr/ haber/41/KADINA-SIDDETI-KIM-YAPAR.html Civil SoCiety Monitoring report 2012 35 spots are a huge cost for CSOs, it would be beneficial to conduct research in order to better understand the effects of such devotedly made productions. It is imagined that investigations of the effect and efficiency of PSAs with regards to CSO activities would be helpful in better utilizing media, which offers important opportunities in reaching the masses. While the 2012 circular that clarifies the principles of PSA practices is considered a pleasing development, transparency of the process is as crucially important. Furthermore, if the Supreme Council were to be more open regarding the criteria used in evaluating the applications, especially in an environment where there is no clear definition of public interest, it would enable more CSOs to broadcast their PSAs.• It is necessary to legally recognize foundations and associations that are founded solely for grant making. Necessary amendments in the legislation should also be made in order to endorse the “grantmaking model”, which has a significant potential for providing funding to CSOs. • Social enterprises are noteworthy opportunities for the financial sustainability of civil society organizations, and they should be defined as separate legal entities in the legislation. In addition to this, tax environment for social enterprises that operate as commercial enterprises of associations and foundations, and cooperatives, should be improved. • The Municipal Law (amended in 2012), which allows municipalities to financially support CSOs with public benefit status, should specify the scope of activities that will be supported. Additionally, the selection criteria applied by district governors and governorships in selecting associations and foundations (without public benefit or tax-exempt status) that municipalities will provide joint services, must be clearly defined and openly shared. FreedoM oF aSSoCiation • For associations and foundations, public audits based on the annual statements must be seen as sufficient by public authorities. • In order to ensure that the public audits are conducted in an egalitarian manner and CSOs who conduct certain activities in certain regions are not intentionally targeted, the frequency, duration of the audit and the scope of the authority granted to the auditor must be clearly defined by the legislation. Due to vague and ambiguous definitions in the legislation that determine the scope of audits and penalties, differences in practices and disproportional punitive charges against CSOs occur. • The legislation must be reformed to include necessary definitions regarding volunteering. The absence of the concept of volunteering in relevant legislation allows public institutions to interpret it in various ways, and in some cases this difference leads to high legal penalties for the CSOs. • VGM and the DDB should share up-to-date data on auditing and penalties in order for public institutions RECOMMEnDATiOns the aSSeSSMent oF the legal FraMework and the legiSlation regarding Civil SoCiety • When it comes to the legislation regarding civil society in the area of freedom of association, laws including the Law of Foundations and Associations, as well as the Laws on the Collection of Aid, the Law on Meetings and Demonstrations, the Law on the Relations of Associations and Foundations with Public Institutions, the Press Law, the Turkish Penal Code, and the Misdemeanor Law must be reformulated in order to allow associations and foundations to perform their activities in a more liberal and enabling environment. • The terms “civil society” and “civil society organization” must be defined in the legislation more clearly in line with the universal standards, and must be included in the relevant policy documents. It is thought that such a definition would contribute to the development of CSO- Public Sector relations further within the framework of concrete and standard mechanisms. Defining such concepts would also contribute to the establishment of a perception of civil society at a societal level, and would prevent discrepancies and malfunctions that are experienced in practice. Civil SoCiety Monitoring report 2012 36 to function in a transparent and accountable way. Sharing of these data is crucial for CSOs to determine shortcomings and inaccuracies, enabling them to better overcome them. • Concepts that do not have a concrete definition in the laws such as “general morality” and “Turkish family structure” must be reviewed in order to prevent the restriction of civil society’s freedom of association. • The DDB and the VGM, as a part of their responsibilities, must provide guidance in order to prevent associations and foundations from being fined. Conditions that require penalties must be clearly defined under the Penal Code, and punitive provisions in the Laws of Foundations and Associations must be removed. • It is essential that associations and foundations be well- versed in the legislation regarding audits procedures, and regularly monitors the changes that take place. Support to the associations and foundations should be given through offering trainings on relevant topics. • The disproportionate use of the authority granted through the Anti-Terror Law continues to create problems regarding the human rights defenders, as well as the freedom of association of the CSOs they support. The extensive definition and interpretation of the term terror must be overviewed in order to prevent the restriction of the activities of human rights defenders and CSOs. CSo-publiC Se Ctor relationS • Public institutions should recognize each CSO as a legitimate partner during decision-making and legislation-making processes. Consultation processes must be regulated in accordance to participatory, transparent, egalitarian criteria. This is required to establish a mechanism or mechanisms that create(s) opportunities for CSOs to deliver their opinions. On the other hand, the CSO-public sector relations should not be limited to information provision. Public institutions should create concrete channels for consultation in order to ensure active involvement of CSOs in the decision-making and legislation-making process. Objective and transparent criteria must be determined to engage CSOs in decision-making process, and public institutions must act in an egalitarian manner to foster an effective role for CSOs in the decision-making processes. • The Law of the Relations of Associations and Foundations with Public Institutions (Law No. 5072) must be abolished and an egalitarian, impartial and transparent mechanism that regulates CSO-Public Sector relations must be developed. • Necessary changes must be made to the Regulation on the Procedures and Principles of Legislation Making (Mevzuat Usul ve Esaslarına Dair Yönetmelik). The opinions of CSOs must be taken into consideration during legislation making and their participation to strategic planning processes must be ensured. • In order for CSOs to participate in the legislation making, a concrete mechanism must be developed which will allow them to be heard during the TBMM Commission discussions. Such a mechanism should ensure that CSOs are in consensus with the TBMM on the draft laws. Also, a wider timeframe should be provided for CSOs to be able to thoroughly examine the drafts before they are submitted to the Commissions. • Public institutions and authorities must share up–to- date, as detailed information and documents on their websites. • The discrepancies observed in the responses given through the Access to Information applications, the inadequacy of the content of the responses, and problems arising from the differences in the implementation of the process in each institution must be resolved by the public institutions and authorities. legiSlation regarding FundraiSing • Collection of Aid Law is among the laws that were promised to be changed according to the Turkey’s 2007-2013 Programme for Alignment with the EU Acquis. This law must be either abolished or removed from the legal framework that regulates foundations and associations. Alternatively, the law can be revised in a way that will allow CSOs to collect aid more freely. • Tax-exemption and public benefit statuses granted by the state to the CSOs should be based on the state’s support and encouragement of the public benefit activities conducted by the CSOs. In this regard, the advantages offered to foundations and associations must be revised based on best practices observed in other countries. • A comprehensive definition for “public benefit Civil SoCiety Monitoring report 2012 37 organizations” must be made in order to eliminate the equality discrepancies between foundations and associations. This status must be redefined in a way that will bring in certain advantages, and thus responsibilities, to the organization that holds them. The state should ensure that the maximum possible number of institutions benefit from the tax-exempt and public benefit statuses. This can be maintained through granting these statuses through objective and egalitarian criteria defined by law. Activities that make an organization eligible for acquiring the public benefit status should not be defined narrowly. On the contrary it should be as broad and flexible as possible,taking into account the needs that might arise in the future. The public benefit status should be granted by an institution that is transparent and easily accessible by anyone, and not by an inaccessible and political body such as the Council of Ministers. • Government-backed financial support provided to Public Benefit Organizations must be increased and giving towards such organizations must be encouraged. Also, various tax exemptions and exceptions should be provided. • Special accounting standards for foundations and associations must be developed and put into practice. Reporting for foundations and associations must be clearly defined by predetermined standard forms used. • Payroll giving must be encouraged through eliminating the obstacles that discourage people who work on a payroll from making donations. Necessary steps must be taken to allow tax-exemptions to individuals making donations to public benefit organizations. • The tax-deductible ratios of donations from individuals and legal entities should be increased. The percentage should be increased from 5% to 10%, as it is in many EU countries (for priority development areas may even be 20%). • Foundations and association founded on fulfilling their missions as non-profit enterprises by providing a public service should be exempt from Corporate Income Taxes. • The transfer of profits, gained after Corporate Tax payment, to foundations and associations should not be considered as dividend payments, and therefore should not be subject to income tax. • The goods and services bought by foundations and associations within the framework of their public benefit activities should be exempt from the Value Added Tax. • The commercial enterprises of foundations and associations should be allowed to acquire goods –fixed assets-, and to register these goods (fixed assets) on their behalf. • Public benefit foundations and associations should be exempt from Property Taxes. • Public benefit foundations and associations should be exempt from Stamp Taxes. • Public benefit foundations and associations should be exempt from Notary fees. • Public benefit foundations and associations should be exempt from Motor Vehicle Taxes. Civil SoCiety Monitoring report 2012 38 Civil SoCiety Monitoring report 2012 INTERNATIONAL RELATIONS 41 Current Situation • Organizations that are established abroad are subject to permission in opening up a branch or agency in Turkey. TUSEV’s research shows that organizations established abroad which applied for permission have experienced the following problems: Receiving a rejection without providing reason, unanswered applications, and the lack of post-application follow-up procedures due to the lack of transparency in the process. Two foreign civil society organizations were refused permission to establish a branch office in Turkey. (The EU Progress Report 2012) • CSOs’ international communication and collaboration activity frequency continues to vary regionally. • In an environment where local resources and donations to CSOs are not sufficient, international funds play a crucial role for the CSOs’ financial sustainability. Especially the European Union programs, followed by the international financial institutions such as the World Bank, inter-governmental organizations such as the United Nations, diplomatic agencies of various countries, and international foundations, which provide grants contribute to the development of civil society in Turkey through their financial support. • According to the published data on the DGoF’s website, based on the information provided by 2,314 foundations that submitted their declarations to DGoF, the total amount of international funds received by Turkish foundations is 21,247,219 TRY. • According to the data on the VGM’s website, the approximate amount of aid sent abroad by Turkish foundations in the year of 2011 is 86 million TRY. 84 84 The New Foundation Statistics. Directorate General of Foundations (VGM). Access Date: November 5, 2012 https://www.vgm.gov.tr/icerik.aspx?Id=192, • Between 2002-2011, 547 grant contracts have been signed with associations by the Central Finance and Contracts Unit (CFCU) within the scope of IPA. These projects are granted a total amount of 41,503,302 Euros. Additionally, 209 grant contracts have been signed with foundations, and these projects are granted a total amount of 22,398,525 Euros. 85 • As part of the 2011 call for grants announced by the European Instrument for Democracy and Human Rights (DIHAA), 23 CSO projects have been implemented. The total amount of grants provided for these projects is 3 million Euros. 2 million Euros is budgeted in 2012 for the Turkey-based programs under the DIHAA 86. • The European Youth Foundation provided support for 180 projects in 2012 that amounts to 1,292,900 Euros. Only 5 of those projects were implemented in Turkey with a total amount of 58,000 Euros grant support. 87 • Within the scope of GEF Small Support Program where every year approximately 25 projects are supported, a total amount of $775,000 grant was awarded in the period between October 2011-2012. A total amount of $525,000 grant is to be awarded out through the end of June 2013. 88 • According to the data published by the Foundation Center, 14 CSOs in Turkey have received 16 grants totaling $2,043,068 in 2011 from US-based foundations. The fact that the Turkish grantee, the Turkish Red Crescent, received the largest grant ($1,100,292) in 2011 indicates that the collected donations are made following the Van earthquake. According to the December 2012 data, 4 projects that were prepared by 3 CSOs have received $1,200,000 of financial aid. 85 The Ranking of Successful Projects According to Organizations. Ministry of European Union. https://ab.gov.tr/ index.php?p=45174&l=1The update date of the list is3/28/2012. In the telephone conversation made with the Ministry of EU official, the initial date of the list is stated as 2002. 86 The grant calls and the 2010 grant contracts’ list can be reached at: webgate.ec.europa.eu/europeaid Since the 2012 grant contracts are still in process, the list of grantees and the relevant details are still not published. 87 Decisions made at the Youth Planning Committee’s 28 th meeting, 2012, https://www.coe.int/t/dg4/youth/fej/ Grant_decisions_PC28.pdf 88 Information on the SGP Turkey is compiled from the correspondence exchanged with the National Coordina- tor of the Program, Gokmen Argun, on 1/21/2013. Detailed information about the program can be accessed at https://www.gefsgp.net/. inTERnATiOnAL RELATiOns Civil SoCiety Monitoring report 2012 42 The 12 th International Forum of the Association for Women’s Rights in Development (AWID) 89 was organized in Istanbul on April 19-22, 2012. More than 2000 women’s rights activists from 150 countries participated to the forum, and it is considered as a wide-scale international civil society event, where new ideas and experiences in women’s human rights are shared, new tools are created, and partnerships are developed. 250 Turkish women participated in the Forum. 26 people from North American development agencies, agricultural universities, and local organizations founded the AWID in 1982 to discuss the role of women as actors of development process. AWID’s research and activities have broadened the focus on sustainable development and gender equality, and now AWID focuses on the human rights of women. The association has more than 5000 female and male members, with offices in Toronto, Cape Town, and Mexico City. 89 For detailed information on the Association for Women’s Rights in Development, please visit https://www. awid.org/. w hat w ere the Factors which were taken into consideration in the Selection of istanbul to host the Forum? AWID is organized every four years, and the last one was orchestrated in South Africa. The organization of the 12 th Forum in Istanbul had a major effect on the women’s movement in Turkey. Women’s associations and activists have undertaken active roles in the decision to organize the forum in Istanbul, as well as in creating and organizing the content. With the idea that the mobilization of women in developed countries is much easier, the AWID Forums are organized in relatively less developed countries in order to facilitate and increase participation. In choosing Istanbul as the location to the forum, the safety and its logistic accessibility, the abundance and activeness of women’s movement in Turkey, and the lobbying activities of these organizations within AWID have been influential. how w as the Content determined? how w as p articipation from t urkey ensured? An international planning committee organizes the AWID Forums. The international planning committee of the 12 th Forum is composed of 39 members from different regions of the world. Five of these members are the representatives of different women’s organizations in Turkey. One of the members of the AWID, the Kadının Insan Haklarında Yeni Çözümler Derneği (Women for Women’s Human Rights Association (WWHR) NEW WAYS) has played an active role in this process. the 12 th international awid ForuM The case analysis discusses the 12th AWiD international Forum on Women’s Rights & Development, hosted in istanbul with the support of CSOs and volunteers in Turkey. The case analysis also elaborates upon the ways the forum contributed to the work of CSOs in Turkey. C A sE AnAL ysis AWiD 2012 FORUm THEmES • Labor and Work • militarism, Violence, and Conflict • The Role of the State • Sexuality • The Planet and Ecological Health • Financial Flows • Access to and Control of Resources • Private Sector and Corporate Power • Culture and Religion • Global Governance Civil SoCiety Monitoring report 2012 43 The committee has organized incentive activities to enable more Turkish women to present and organize workshops in the forums host country of Turkey. Several CSOs and activists have joined the international movement through the forum. In order to encourage participation to the forum from different cities of Turkey, a scholarship opportunity was granted, enabling the participation of 250 women. Due to particular importance given to overcoming the language barrier in their international relations, a significant obstacle for CSOs outside of Istanbul and Ankara, simultaneous translation in Turkish was provided. Additionally, due to intense demand, Kurdish translation was also provided during general sessions and some private sub-sessions. During the 4-day forum, more than 2000 women participated from more than 150 countries. More than 700 sessions were organized in the forum. what w ere the Contributions of the awid istanbul Forum to the l ocal women’s Movement in t urkey? As a result of the Turkish representatives in the planning committee mobilizing their own networks as well as other women’s organizations, 250 women from Turkey have participated in the forum with a scholarship. The gathering of the international faces of women’s movement have provided the opportunity to make collective evaluations, reveal similarities and differences, and feed the prudential analysis of the local CSOs. The topics that were handled have brought new research areas to the local CSOs. The women’s CSOs that participated in the forum were introduced to new tools such as up-to-date information on various issues concerning women’s rights organizations, communication technologies, and found the opportunity to implement these tools in their activities. The women’s CSOs saw what issues and approaches in the world are being developed in the area of women’s human rights, and found an opportunity to get involved in these discussions. Additionally, academic studies, different visits, and joint projects are planned, and new partnerships and collaborations are developed. Participants stated that the most important contribution of the forum was the establishment of an atmosphere of solidarity for organizations and activists who face similar problems in various parts of the world. The Chrest Foundation was founded in 1999 by Jeff Jensen and Lou Anne King Jensen in Texas, United States of America. Coming from a family where there is a tradition of philanthropy, Jeff and Lou Anne Jensen have added an international dimension to their financial support towards disadvantaged children, diabetes research, and social enterprises in the United States by starting to provide financial assistance to CSOs in Turkey in 2001. The Chrest Foundation, have provided support for approximately 100 projects of 40 CSOs that operate in various cities of Turkey between the years of 2001-2012. The financial support provided by the foundation to CSOs in Turkey since 2001 is over 3 million Dollars. 90 The founder and president of the Chrest Foundation, Lou Anne King Jensen first came to Turkey during a 90 The list of projects supported by the Chrest Foundation between 2001-2012 can be accessed at https://www. chrestfoundation.org/TR/grantsawarded.asp . ChreSt Foundation’S eXperienCeS in turkey The analysis below explains the experiences and contributions of the Chrest Foundation, an American foundation that has been providing grants to CSOs in Turkey for over a decade. CA sE AnAL ysis Civil SoCiety Monitoring report 2012 44 family trip, and deepened her interest on Turkey at an international conference she attended in Egypt. She explains the decision of the foundation to direct their financial support to Turkey as follows: “Since the resources of our foundation are limited, we thought that focusing on a single country would bring more effective results than distributing the existing resources to more than one country. We believe that by directing our support to a single country, we will be able to better understand the dynamics of that country, build closer relationships with the people living in it, and contribute more to the social targets defined by the society.” Lou Anne had met with various CSOs, academics, business people, and public officials during the strategic planning process, and defined the main support areas of the foundation as gender equality, communication and dialogue through culture and art. The Chrest Foundation annually provides a minimum amount of $2.000 and a maximum amount of $150.000 grant to support 2 to 16 projects; and have given financial support to CSOs working in Ankara, Batman, Bingol, Kapadokya, Diyarbakir, Istanbul and Van. 91 Starting out with the philosophy that “societies know their own needs better than anyone”, the Chrest Foundation works toward maintaining creative and innovative solutions to the social problems in the region through the projects which they support. The basic grant policies of the Chrest Foundation are executed within the framework of building long-term partnerships with CSOs, paying close attention to the transparency and accountability of the grantee organizations, and monitoring and evaluation regarding the effects of the grantee projects. Lou Anne King Jensen says that the project proposals submitted from Turkey “are generally focusing on similar topics, however project activities somewhat differ among regions.” The Chrest Foundation’s Board of Directors reached the decision of granting funds to projects upon their careful evaluation of project proposals with Turkish consultants. The effects of the activities and projects of the grantee organizations are monitored through activity reports 91 The cities mentioned above are where the aforementioned CSOs were founded. Some of the projects supported by the Chrest Foundation are conducted outside of these cities. and financial reports. Another method that is used for monitoring and evaluation are field visits conducted by the officials of the foundation. When asked about the developments she has witnessed in the non-profit sector in Turkey over the last 12 years; Jensen comments that: “In the last 12 years, many changes took place in Turkey, just like in the rest of the world. When I first started working with organizations in Turkey, we were setting our meeting dates via fax machines. In the last 12 years, although it is possible to say that the environment of the civil society in Turkey has become more convenient with the legal reforms, we see that some difficulties still persist. Among the most important problems are difficulties that CSOs experience in accessing financial resources. However, I believe that several issues that were considered as taboos in the society in the previous years are now debatable in the public sphere thanks to the effective role played by the civil society.” Jensen indicates that the most common difficulties experienced by most CSOs operating outside of Istanbul are having access to funds as the language barrier is a major obstacle for CSOs who wish to apply for international funds. As a grant making organization, the basic problems observed by the Chrest Foundation in the project proposals submitted by CSOs are: the lack of realistic determination of the criteria for the project goals and, objectives, lack of impact assessment, calculation mistakes in the project budgets, and missing deadlines for the submission of reports. However, she also highlights the fact that similar problems are experienced by CSOs in various other countries. The Chrest Foundation maintains its grant program adhering to the principles of mutual learning and development, and it is among the leading US foundations in Turkey that provide support for CSOs in Turkey. While providing assistance to CSOs that operate in various cities of Turkey in terms of advancing their capacities in project writing and management, the Foundation also mediates them through long-term partnerships and financial support in producing regional solutions to social problems. Civil SoCiety Monitoring report 2012 45 The government of Netherlands has been supporting CSO activities in Turkey through the Matra and Human Rights Programs. While the addresses of application for CSOs, for both programs, is the Consulate General in Istanbul for the cities: Istanbul, Edirne, Kirklareli, Tekirdag, Balikesir, Bursa, Kocaeli, Canakkale, Yalova, Bilecik and Sakarya; The address for applications for the rest of the countries are under the responsibility of the Embassy in Ankara. The Consulate General and the Embassy jointly manage the program budgets by adhering to the same priorities and principles, and share responsibilities geographically based on the cities from where applications are sent. the Matra program The Matra Program aims at supporting the process for alignment with the Acquis in the Middle East, Eastern Europe, and Turkey, before joining the European Union. Matra provides funds to the projects on various priority Recommendations of the Chrest Foundation to the CSOs who would want to benefit from international funds are: • Lack of staff who know foreign languages are an obstacle which prevents communicating with international organizations. incorporating volunteers who know foreign languages in fundraising activities can contribute to overcoming this obstacle. • Translating the information and (some of the) documents of your organization into English will make it easier for international organizations that may support you to get to know you and your work better. You can ask for support through volunteers who know English. • Through developing your capacity with trainings on project cycle, strategic planning and evaluation of programs, you can improve your project proposals, and contribute to your organization by helping it achieve its goals more effectively. • CSOs can perceive international partnerships as mutual sharing of knowledge and experience. Partnering with international organizations can provide different solutions or views in solving complex social problems. instead of perceiving this partnerships as an intervention to your organization’s internal affairs you can consider it as a ground for thinking of and finding solutions together. ! the netherlandS governMent Matra and huMan right S prograMS The government of Netherlands has provided financial support of 1,200,000 Euros in 2012 to Turkey’s CSOs through the matra and Human Rights programs. CA sE AnAL ysis Civil SoCiety Monitoring report 2012 46 areas of civil society organizations that work in the social sphere, local administrations, non-profit universities, and rarely non-profit businesses. By promoting the collaboration between public institutions and CSOs, the program contributes to the development of good governance and democratic citizenship. The Matra Program has been continuing since 2000 within the framework of two agreements signed with Turkey. The Matra Program, based on the Copenhagen Criteria, now focuses on certain priority areas to which it provides support to. In this context, the concentrated areas in the project proposals and requests submitted to the Matra program within the year are also influential in determining the support areas. Since 2010, projects in the areas of the rule of law and good governance, education, media and information and human rights are becoming the prominent areas that are financially supported by the Matra Program. Within this framework, supported projects concentrate in areas such as minority rights, LGBT rights, fight against gender discrimination, and freedom of expression. CSOs submit final reports within two months following the end of the project to present activities they conducted, steps towards the sustainability of activities, problems encountered throughout the process, successes and lessons learned. 92 human rights program Another support program of the Government of Netherlands is the Human Rights Program, executed annually since 2004 by focusing on various themes based on human rights. These themes are defined in compliance with the human rights strategy of the Netherlands. While in the previous years activities in the areas of empowering LGBT rights, child rights, and women’s rights were primarily supported as the main themes of Human Rights Program, since 2011 the theme of corporate social responsibility is also included as a priority area. 93 In this framework, the support for corporate social responsibility is endorsed for the year of 2012, and Turkey was selected for a pilot study. The activities that were supported by the Program within the framework of this theme started in the middle of 2012. In this context, the supported civil society 92 Detailed information on the Matra Program can be found at https://istanbul.nlconsulate.org/services/civil- society/matra-decentral-programme . 93 Human Rights in the Foreign Policy of the Netherlands. The website of the Government of the Netherlands. Access Date: September 28, 2012 organizations have been organizing trainings in various cities in collaboration with chambers of commerce, and other civil society organizations. These trainings are provided for CSOs to monitor corporations’ environmental sustainability 94, and to improve the understanding and implementation of human rights in the business world. The Program Director at the Istanbul General Consulate of the Netherlands, Leyla Barlas Aslan, along with the Embassy in Ankara, stated that the total amount of financial support provided to the civil society organizations in Turkey by the two programs in 2012 is 1,200,000 Euros. Project proposal submissions from all around Turkey to the Matra program are accepted, without prioritizing cities or regions. The project calls are made 3-4 times a year, and they are announced from the Embassy and General Consulate websites. Project proposals are coming mostly from CSOs in Istanbul, but activities to be conducted within the scope of the projects are dispersed to other cities. Barlas, states that the organizations that operate outside of Istanbul are less experienced in project writing, and have less access to human resources, and fundraising activities compared to CSOs in Istanbul. The General Consulate of Netherlands officials indicate that in order to overcome this disadvantage they are helping CSOs in preparing their applications, and therefore adopting an approach that encourages CSOs from various cities in Turkey to apply to the program. The projects supported by the Matra Program are evaluated via the outputs of progress reports, financial reports and final evaluation reports on the project. In addition to this, the program team makes an effort to participate in the project activities as much as possible in order to monitor and support the activities of CSOs. Barlas points out that, CSOs carry out their activities more effectively and that they are more specialized in their respective fields since 2000 when the Matra Program first started. For instance, while at the beginning of 2000s, there were very few CSOs working for fostering rights of LGBT individuals, which is one of the Matra Program themes, today the number of LGBT organizations has increased, and they are specialized 94 Regional Environment Center (REC) Turkey, https://rec.org.tr/index.php?module=press&item=press_news_ homepage&news_homepage_id=376 Civil SoCiety Monitoring report 2012 47 in various subjects. Altogether, Barlas states that over time CSOs have become more professional, and more competent in implementing projects. The Matra Program, which primarily reviews submitted project proposals in the area of human rights, and determines its major themes in accordance with these requests, is anticipated to determine its themes in a similar fashion in the following years. The fund that is allocated for projects that would be supported in this context is expected to continue depending upon the decisions of the government of Netherlands.poverty. Although Turkey is not in a critical situation regarding the parameters of poverty, it is among SIDA supported countries due to its ongoing membership process to the EU. SIDA also supports CSOs in the accession requirements especially with regards to democratization processes. The Swedish government has been supporting the activities of civil society and universities in Turkey through institutions such as the Swedish Red Cross, and Raoul Wallenberg Institute. Being initiated by small-scale supports in 1992, this process has reached 70 million Swedish Kronas (approximately 11 million Dollars). With the actualization of the Strategy for Development Cooperation with Turkey policy, which was implemented for the period of 2012-2013, better coordination of the support became crucial, and SIDA is appointed along with the Swedish Consulate to manage financial aid. As a result of these developments, SIDA began operating permanently in the Ankara office, which made the ongoing collaboration more visible. According to the 2010-2013 strategy document, the goal of the ongoing collaboration between the two countries is to support Turkey’s completion of the democratization process, that is one of the criteria of the European Union membership. Despite developments that emerged with the reform process, strengthening of human rights and respect for democracy, and the establishment of structures that guarantee human rights are among the areas where Turkey needs to show improvement according to SIDA strategy document. SIDA determines its priority support areas based on the strategic documents among which there are the national programs and development plans of Turkey, and it directs its financial supports towards areas of democratic governance, human rights and gender equality. The Swedish Consulate that provides support for smaller-scale projects within the framework of similar priorities focuses on activities toward information and awareness rising. Annika Palo who joined the Ankara team of SIDA as a Strategy Expert in 2011 has pointed out, that the amount of financial support channeled to Turkey as part of the 2010-2013 strategy has been increased as a result of its determination in supporting Turkey’s transition process to the EU membership. With this indicated increase, the amount of allocated support through SIDA for the public institutions and CSOs in the period of 2010-2013 the SwediSh international developMent Cooperation a genCy (Sida) C A sE AnAL ysis SiDA builds long-term and strategic partnerships with CSOs, and has initiated the system-based audit process in order to help CSOs strengthen their institutional capacities, and determine their strategic plans. The Swedish International Development Cooperation Agency was founded by the Swedish government to operate in a total of 33 countries in Africa, Asia, Latin America, and Europe, and channels funds for reducing Civil SoCiety Monitoring report 2012 48 is annually 70 million Swedish Kronas (approximately 11 million Dollars). 45% of this financial support goes to CSOs, and 55% of it goes to projects of public institution. The General Consulate of Sweden in Istanbul spends another 14 million Swedish Kronas (approximately 2 million Dollars) to provide financial support and expertise to projects in the areas of human rights, democracy, and gender equality. 75% of the 8 million Sweedish Kronas remaining from the administrative costs is provided to civil society organizations, whereas 12% of it goes to universities, 6% to international organizations, and 3% to municipalities to help them carry out projects in the supported areas. 95 SIDA builds long-term relationships with CSOs it supports, and it aims at collaborations of no less than two million Swedish Kronas, and project periods that would encompass 2-3 years. Annika Palo points out that SIDA have signed agreements with six Turkish CSOs, for generally two or three years, in the most recent strategic planning period. Although CSOs supported by SIDA are based in Istanbul, Ankara, Izmir and Diyarbakir, projects of such CSOs are implemented in various cities in Turkey. It is anticipated that at the end of 2013 eight more local CSOs will be supported. One of the differentiating characteristics of SIDA, is that it builds long-term and strategic partnerships with CSOs and that CSOs are also expected to go through a system-based audit process. According to Palo, the goal of the system-based audit that the Swedish Ministry of Finance mandates is to make sure that the grants, which are made up of the taxes collected from the Swedish citizens, are appropriately used by CSOs, and risks are better calculated. As a part of the system- based audit, various evaluations on the institutional capacities of CSOs are conducted in order to make sure that the administrative and financial mechanisms of CSOs are strong, and that they have the capacity to effectively manage the grant. As a result of the audit, the needs of the organizations and the areas that they can improve are defined, while analyses are made on CSOs’ strategic plans, budgets, and their impact. The CSOs whose partnership process 95 Information on the support fund of the General Consulate of Sweden has been retrieved from the cor - respondence with Sevil Ozmen, the Service Manager of Sweden-Turkey Collaboration, dated 1/21/2013. For detailed information: https://www.swedenabroad.com/tr-TR/Embassies/Istanbul/Hakkmzda/Turk-svec- birlii-Birimi-/ with SIDA had started prior to 2011 are also included into the audit process, and they go through the financial and system-based audits. SIDA’s long term partnership with CSOs also includes support for capacity building. SIDA works with the Nordic Consultancy Group, a Danish consultancy firm, within the scope of the activities it carries out for strengthening the capacity of CSOs. Through the analyses it conducts, SIDA defines the institutional needs. Based upon the results of this analysis conducted with CSOs, a road map for CSOs is specified. While SIDA provides the necessary financial support for the actualization of the plans towards the strengthening the capacities of CSOs, the experts in Turkey facilitate the process by working with CSOs, providing support to CSOs. CSOs that fulfill the requirements anticipated by this plan resume a stronger institutional structure, and are able to determine their strategic plans and budgets annually. In addition to this, they become able to anticipate the impact created by their program areas and projects more clearly. Palo indicates that the audit and capacity building processes are important for all partners, and emphasizes that “even though the process brings in additional workload to CSOs, it is very beneficial in terms of the development of their institutional capacities, the clarification of their missions, and determination of realistic and attainable goals for the organization.” Palo also highlights the fact that SIDA does not see CSOs as merely mechanisms focused on service provision, and states that in finding solutions to social problems, working with organizations that emerge out of these societies play a crucial role in achieving effective results. Indicating that the CSOs in Turkey are quite successful in presenting effective and creative ideas, Palo adds that the collaboration that SIDA has built take place based on these good ideas. Believing in a strong civil society that may play the role of a watchdog for CSO-Public Sector relations and the public sector activities, Palo states that the long-term partnerships established by SIDA that are geared toward strengthening CSOs will contribute to promoting a more effective civil society in Turkey. Civil SoCiety Monitoring report 2012 49 international CoMMuniCation and Collaboration • The participation of CSOs to international conferences and trainings should be considered as a part of capacity development, therefore more financial support should be provided for CSOs to encourage them in participating in such events. • Declarations that are annually submitted to public institutions by associations and information about their international activities should be made accessible to the general public by the DoA. • The DGoF should transparently share with the public the scope of aid granted by Turkish foundations abroad and the way this support is used. • Organizations that are founded and/or operating abroad are restricted by heavy bureaucratic rules when they are engaging in activities in Turkey or collaborating with Turkish CSOs for activities such as opening agencies or branches, founding associations or a higher organization, or joining an existing association or a higher organization. It is necessary to ensure that the process for acquiring permission for such activities is transparent and that procedures are clearly traceable. Public institutions should abandon their suspicious attitude towards international organizations. • CSOs in Turkey must improve their collaboration and communication with international organizations and networks via participating in international conferences, exchanging information and experience with international organizations and networks, establishing partnerships through accessing international funds. • CSOs in Turkey should host international meetings more frequently, and should join debates at the international level. CSOs should play an active role in broadening their communication and collaboration through engaging in networks of organizations and activists. • CSOs in Turkey should improve their experience and cooperation with international organizations through sharing up-to-date information and utilizing communication technologies. CSOs in Turkey should observe new trends and approaches regarding their relevant field of interests. It is also important for CSOs to train their employees and volunteers on effectively using up-to-date tools of information sharing and communication technologies. • Notifying public authorities before using grants received from CSOs abroad should not be a mandatory practice. Necessary steps should be taken to ensure that CSOs declare the grants they receive as part of their annual statement. • Grants that are acquired from international organizations with branches and agencies abroad (The European Commission, The World Bank, The United Nations, Consulates, etc.) should not be perceived by public institutions as income acquired from abroad, and should not be subject to permission. international Fund S • Considering that lack of access to professional human resources and language barrier is an important problem in having access to international funds, it is beneficial for organizations to incorporate volunteers that know foreign languages into their fundraising activities. Additionally, CSOs must have the information and documents about their organizations translated into English in order to allow grant making organizations to get to know their activities better. • International grant-making organizations should not perceive their relations with the CSOs they support as a short-termed and project-based relationship. Instead, they should see these funds as an opportunity to establish long-term partnerships. Additionally, international grant-making organizations should regard these funds as instruments that are given to CSOs to strengthen their capacities in the long run. • CSOs should share their reports regarding the monitoring and evaluation of their projects which are supported by international funds not just with the funding organizations, but also with the general public. These reports should be made accessible through their websites and other possible tools of communication. Such an approach will not only improve the transparency of CSOs, but it will also enable the exchange of ideas on the strengths and shortcomings of their projects. RECOMMEnDATiOns Civil SoCiety Monitoring report 2012 50 Civil SoCiety Monitoring report 2012 INSTITUTIONAL CAPACITY 53 Current Situation • By May 30, 2012, out of 2,314 foundations that submitted a 2011 declaration, 1,169 of them (50%) stated that they have employees who work on payroll. 96 The total number of employees who work on a payroll in these foundations is 8,065. Only 357 (15%) out of 2,314 foundations stated they work with volunteers, while the total number of volunteers is 1,004,969. • According to the information available on the webiste of the DoA, Marmara Region is the region with associations that has the highest number of computers. The Marmara region which hosts 34.9% of the total number of assocations, and the ratio of associations with computers is 39.81%. 97 • TACSO’s 2011 Needs Analysis report shows that in CSOs, important decisions are taken by the members of the board of directors and CSOs are managed based on the occurring “daily needs” rather than long-term strategies. “The lack of hierarchy and democratic management systems in the CSOs, and the replication of the management structure or systems of private sector” is criticized in the report (TACSO, 2011). • There is no regular and continuous public funding mechanism that supports the institutional infrastructure and activities of CSOs in Turkey. CSOs are able to apply to the grant programs run by some public institutions. Aside from these supports, the membership fees, incomes procured from service/product sales, individual donations, supports from companies within the scope of corporate social responsibility activities, and the grant programs of foundations are among the primary financial resources of CSOs. • The total of active assets of the 2,134 foundations that submitted a declaration in 2011 by May 3, 2012 to 96 New Foundation Statistics. Directorate General of Foundations (VGM). Access Date: December 20, 2012. https://www.vgm.gov.tr/icerik.aspx?Id=192 97 Association Statistics. Department of Associations. Access Date: October 10, 2012 https://www.dernekler. gov.tr/index.php?option=com_content&view=category&layout=blog&id=52&Itemid=12&lang=tr the VGM is over 18 billion Turkish Liras. 2,102 of these foundations have stated that they own a total number of 27,608 real estates. • The total amount of aid that was received by 2,134 foundations from public institutions is above 260 million TRY. According to these data, the support that these foundations receive from public institutions is 1.4% of the total number of active assets. • There is still no common understanding and standard implementation in the way the Ministries provide financial support to CSOs. Due to lack of mechanisms that regulate CSO-Public Sector relations, it has been observed that relations with CSOs continue to develop according to the initiatives of the ministries. • Regarding the financial support provided by Ministries within the Framework of EU funds, the following information is accessible by the general public: Contract number of the supported projects, the name and address of the grantee CSO, the name of the project, the city it will be implemented in, its duration, and the ratio of the grant to the total project budget within the scope of IPA and the relevant EU Program the project is supported by. However, for funds which are provided by the Ministry’s’ own budget; there are no standard implementation. • As part of the budget allocated to associations by the Ministry of Interior in 2012, a total amount of 10,072,904 TRY was provided as financial support to 221 associations. 98 • When the total amount of projects conducted within the framework of Social Support Programme of the Ministry of Development (SODES) 99 grants is analyzed, it is observed that a total amount of 66,505,583 TRY is allocated to projects of CSOs in 2012. The amount of 98 Associations and Their Projects That Received Aid from the Budget of the Ministry of Interior for the Year of 2012. Department of Associations. Access Date: February 27, 2013. https://www.dernekler.gov.tr/index.php?option=com_content&task=view&id=914&lang=tr 99 For further information please see: https://www.sodes.gov.tr/SODES.portal ins TiTUTiOnAL CAPACiTy Civil SoCiety Monitoring report 2012 54 grants that CSOs were allocated in 2012 comprises 34% of the budget allocated for the whole program. • According to the World Giving Index 2012 prepared by the Charities Aid Foundation, Turkey is ranked 137 th among 146 countries that were included in the 2012 research. 100 According to the research results, while 10% of the Turkish population has made monetary donations to CSOs in 2012, only 4% of the population has donated their time voluntarily to CSOs. The ratio of people who helped a stranger is 31% (CAF, 2012). 100 World Giving Index 2012. Charities Aid Foundation. Access Date: December 21, 2012. https://www.cafon- line.org/PDF/WorldGivingIndex2012WEB.pdf There is no legislation or policy document in Turkey that defines volunteerism which sets a framework for the responsibilities of CSOs in terms of volunteer management. Similarly, contrary to EU countries, Turkey also lacks a public institution in charge of volunteering policies. CSOs usually generate volunteerism policies based on their own, unwritten definitions that they come up, with based on their goals and mission, and perform their volunteering activities accordingly. CSOs benefit from the support of their volunteers in various areas such as administrative duties, educational activities, promotional and communication activities, field support, project management and advocacy activities. Even though there is no agreed-upon definition of volunteerism in Turkey, there are common aspects in the definitions of CSOs TUSEV interviewed as part of the case analysis. These definitions are designated in accordance with CSO’s own principles and priorities. Interviewed CSOs define volunteerism as “activities that serve the social benefit” “that were done in compliance with an individual’s own will” “activities conducted without financial or any other kind of personal interest”. While some CSOs emphasize more on the social benefits of volunteerism, others express the absence of financial expectations as the sole criteria of being a volunteer. It is observed that other countries have been increasingly perceiving management and development of volunteers as a significant and concrete part of their public policies. The primary reason behind defining the term volunteerism via legislation and institutional structures of countries is to ensure the acknowledgement of the benefits of volunteerism to the society at large, CSOs, and the volunteers themselves. Volunteerism is gradually becoming an important aspect due to its contribution to the incorporation of marginalized individuals’ into the social life, promoting the sense of social responsibility for individuals, and even contributing to the economic development of states. When we briefly examine countries with public policies and legal legislation regarding volunteerism, it is observed that in various geographies the benefits and opportunities of volunteerism are taken into consideration, volunteerism is politically acknowledged, and tangible steps are taken in this matter. v olunteeriSM in CSoS, and v olunteeriSM poliCieS Volunteers provide support to the activities of CSOs to actualize their missions, through their donations, expertise and time, and in many cases they comprise a significant portion of the human resources of civil society organizations. While there is no definition for volunteerism in the Turkish legislation that relates to civil society, several CSOs define their volunteer relations with respect to their tailor-made policies in line with their organization’s aims. C A sE AnAL ysis Civil SoCiety Monitoring report 2012 55 The Research on Volunteerism in the European Union prepared by ICF GHK and published by the European Union, show EU member states approach the concept of volunteerism at a national level, what kind of policies they develop, and which definitions and policies are procured at the EU level since 1997 have been covered. The research states that the lack of legal legislation and bureaucratic framework that regulates volunteerism is a significant obstacle in development of volunteering activities. However, it also emphasizes that in the event of these mechanisms being disproportionate with lots of burdens, the activities of CSOs and volunteers might be negatively affected from this situation. 102 The existence of public institutions that target more effective and efficient results in volunteering through development of relevant policies, and the prioritizing of this topic by the states in public policies are considered useful. However, it has also been thought that some limitations and difficulties may occur due to the content of the legal framework that regulates volunteering. Examples to legal framework which negatively affects the concept of volunteering that is observed in some EU countries are: The restriction of the hours of volunteering activities of unemployed or early retired individuals by law, the various required qualifications and educational certificates from the people who would volunteer in youth activities. Such restrictive legal practices not only cause the marginalization of individuals from various sectors of the society, but they also strip the CSOs away from their autonomy in defining their volunteering policies. The lack of legal framework that defines volunteering in Turkey causes restrictions in practice and challenge CSOs financially. As stated in the Legal Framework section of the Civil Society Monitoring Report 2012, a CSO that incorporated volunteers into its activities was sentenced to a significant amount of financial penalty by the Ministry of Labor and Social Security due to “employing an uninsured worker” following a public audit. Opportunities created by volunteering, and responsibilities and liabilities it brings to CSOs are analyzed by several international organizations. The International Labor Organization (ILO) has generated a handbook in order to measure the contributions of 102 Volunteerism in the European Union. The European Commission. Access Date: September 04, 2012. https:// ec.europa.eu/citizenship/pdf/doc1018en.pdf Ex AmPLES FOR LEGAL FRAmEWORk AND POLiCiES REGARDiNG VOLUNTEER mANAGEmENT iN THE WORLD Croatia’s Volunteerism Law that took effect in 2007 has established the foundation of the National Agency of Development of Volunteerism, and led the way to the advancement of the social status of the volunteers, as well as the generation of policies that regulate volunteer management. England’s Volunteering Development Council conducts meetings with both the governing and oppositional parties, and aims at shaping policies on the government level regarding volunteerism, as well as developing nation-wide activities towards this end. The Philippines has both a legal framework and an institutional structure that regulate volunteerism. National Volunteer Service Coordination Agency is responsible for the implementation of the institutionalization of Strategy for Local Development, and the Law for Empowering Volunteerism and Other Goals. The objective of this institution is to provide technical assistance and capacity development services to volunteers and their organizations, as well as to define national volunteering policies and principles. Lebanon’s National Council of Volunteerism works in collaboration with the government, the Prime ministry, and civil society organizations, and aims at expanding volunteerism nation-wide .101 101 Comparative Analysis of European Legal Systems and Practices Regarding Volunteering. The International Journal of Non-for-Profit Law. Access Date: September 04, 2012. https://www. icnl.org/research/journal/vol9iss3/art_1.htm ! Civil SoCiety Monitoring report 2012 56 Volunteer Activities, 103 and the International Red Cross conducted reporting activities on the contributions of volunteers. 104 The United Nations Volunteering Program, on the other hand, has been operating humanitarian aid activities in the world’s most compelling conflict zones with the international volunteers in its body, as well as conducting research and reporting activities on volunteering. Research and policy development activities on the concept of volunteerism also exist in Turkey. The NGO Training and Research Center at Istanbul Bilgi University have published the booklet called the Civil Society, CSOs, and Volunteerism within the scope of the essays from the 2004 Civil Society and Democracy Conference, and shared Dr. Ahmet İnsel’s opinions on this matter. 105 Additionally, it contributed to the academic publications in this area by publishing the book called Collaborating With Volunteers as part of the NGO Activities Training Series. 106 The National Volunteerism Committee Towards Establishing a Volunteerism Infrastructure in Turkey was formed with the participation of various CSOs and public institutions and was initiated by the United Nations Volunteering Program (UNV). The Committee have elaborated on the perception of volunteering and discussed opportunities in Turkey for promoting volunteerism. Also several activities were undertaken, to come up with a framework definition of volunteerism and the scope of activities it encompasses. The CSOs in Turkey have also carried out research that examines the impact of their own volunteering activities in terms of their contributions to their organizations and the volunteers. The Educational Volunteers Foundation of Turkey (TEGV) have researched the causes of low levels of volunteering among the youth and ways of increasing benefits of volunteering. Also, perceptions on the social advantages of volunteering were elaborated on in the Benefits of Volunteering 107 which is research published 103 Measuring Volunteer Works Hand Book. International Labor Organization. Access Date: September 4, 2012. https://www.ilo.org/wcmsp5/groups/public/@dgreports/@stat/documents/publication/wcms_162119.pdf 104 The Importance of Volunteering. The International Red Cross. Access Date: September 4, 2012. https://www. ifrc.org/Global/Publications/volunteers/IFRC-Value-of-volunteers-report-EN.pdf 105 Sivil Toplum, STK’lar ve Gönüllülük. İstanbul Bilgi Üniversitesi Sivil Toplum Kuruluşları Eğitim ve Araştırma Birimi. Access Date: September 4, 2012. https://CSO.bilgi.edu.tr/docs/insel_std_5.pdf 106 Gönüllülerle İşbirliği.İstanbul Bilgi Üniversitesi Sivil Toplum Kuruluşları Eğitim ve Araştırma Birimi. Access Date: September 4, 2012. https://CSO.bilgi.edu.tr/cd/04/ 107 Gönüllülük ve Kazanımları Araştırma Projesi. Türkiye Eğitim Gönüllüleri Vakfı (Turkey Educational Volunteers Foundation). Access Date: September 20, 2012 https://www.tegv.org/i/Assets/pdf/Arastirma- lar/2009_GK_Raporu.pdf in 2009, and in the Sustainable Volunteering 108 research completed in 2010. TEGV included several important issues such as the reasons for giving up on volunteering in this research. In the Impact Assessment conducted by the Community Volunteers Foundation (TOG) in 2010, the socio-economic structures of individuals who volunteer, and the contributions of volunteering in the individualization process were analyzed. When volunteering policies implemented by CSOs in Turkey are examined, it is observed that there is no general tendency and method in the way CSOs perceive the issue. Also, it is observed that CSOs define their own unique volunteering policies based on their goals, principles, and priorities. 83% of the CSOs we interviewed while creating this case analysis have mentioned that their volunteers go through an orientation and training process prior to incorporation to activities. While some CSOs subject their volunteers to a particular orientation and training process, others state that they consider appointing volunteers to office activities for a predefined period of time like a month as orientation. The CSOs without an orientation program have preferred informing their volunteers about the relevant activities which the volunteer will contribute to, or the CSO’s activities in general. Most of the CSOs we have interviewed make volunteers sign a document which indicates their commitment where mutual responsibilities and principles are specified. The number of volunteers of the interviewed CSOs varies between 30 and 1,500. While volunteers operate only 2 hours a week in some organizations, this period may go up to 5 days a week in others. A problem which can be observed in terms of volunteer management in some of the CSOs TUSEV has interviewed is the inability to cover the food and travel expenses as well as the lack of health and travel insurances for the volunteers. Although limited in numbers, there are some CSOs, that allocate budgets for such expenses and cover these costs for their volunteers. There are CSOs that hire their volunteers as professional staff following a specific amount of time. Most CSOs interviewed for this research indicated that they have a department or a coordinator responsible for the management of volunteers. However, some CSOs have 108 Gönüllülük ve Sürdürülebilirlik Araştırması. Türkiye Eğitim Gönüllüleri Vakfı (Turkey Educational Volunteers Foundation). Access Date: September 20, 2012 https://www.tegv.org/i/Assets/pdf/Arastirmalar/2010_ GonullulukveSurdurulebilirlik_Arastirmasi.pdf Civil SoCiety Monitoring report 2012 57 mentioned that, due to financial constraints, the person who is responsible for the coordination of volunteers is also another individual who works as a volunteer in the same organization. Field and promotional activities, platforms for announcement, and social media are frequently used methods by the CSOs to increase their number of volunteers. Regular information meetings, annual coordination meetings, mechanisms to thank and express gratitude to volunteers for their efforts are among the methods applied in order to increase volunteer motivation. Institutional policies that emerge from private sector and civil society collaborations, and encourage private sector employees to volunteer are becoming more prevalent. The inclusion of private sector employees as volunteers in activities that aim social benefit is observed as a widespread practice. As a result of the collaborations built between companies with employee volunteering programs and the CSOs, the employees are making good use of their expertise or their time for social benefit through volunteering. The inclusion of experts in volunteer work either as merely support or as being trainers themselves is positively influencing the outcomes and efficiency of such activities. The Report for Social Investment Programs of Corporations 109 published by TUSEV puts forth that private sector employees not only provide social utilization by joining the activities of the CSOs, but they also increase the loyalty they have for their companies. In today’s world where the benefits of volunteering activities for individuals, CSOs, and the society at large is gradually acknowledged, it is a positive development that this issue is brought to the agenda of CSOs, public and the private sector. Taking into consideration that the issue is gaining prominence, the absence of a legal framework that regulates volunteering brings along some positive and negative processes due to the aforementioned reasons. In this context, the development of volunteering policies that would improve the motivation of individuals who voluntarily operate under the CSOs becomes crucial, and the expansion of practices that pay attention to the rights of volunteers is one of the topics that need to be brought into the agenda. 109 Şirketlerin Topluma Yatırım Programları. Türkiye Üçüncü Sektör Vakfı (Turkey Third Sector Founda- tion). Access Date: December 20, 2012 https://degisimicinbagis.org/usrfiles/irketlerin_topluma_ yat%C4%B1r%C4%B1m_programlar%C4%B1(1).pdf huMan reSourCeS • CSOs must define their human resources policies based on the expectations of their professional employees, and in a manner that explicitly contributes to employees. Additionally, CSOs should support the participation of their professional employees to training and capacity development activities. • CSOs must agree upon the definitions of “volunteerism” and “volunteer”, and this definition should be acknowledged in the legislation, and relevant policy documents. Volunteerism policies must be developed based upon this mutually agreed upon, legal definition. While designating volunteering policies, expectations of volunteers, as well as how CSOs can effectively contribute to volunteers must be taken into account, and such policies should be openly shared. governanCe • The number of training and capacity development activities that were organized for the purpose of informing CSOs about the principles of good governance must be increased. Also, good governance practices must be encouraged, and a larger number of local and national organizations must be able to benefit from trainings on these issues. • Online databases and accreditation systems should be implemented in Turkey with the support of relevant public institutions in order to encourage and popularize principles such as transparency and accountability among CSOs, and to allow donors to easily have access to information on CSOs. • CSOs must use the strategic planning method in order to measure the effects of their ongoing activities, define their future goals, as well as the methods and tools that would be used to reach these goals. The internal and external stakeholders must contribute to these activities, and therefore become a part of the short and long term goals and action plans of CSOs. RECOMMEnDATiOns Civil SoCiety Monitoring report 2012 58 • CSOs must adopt and implement the universal principles about human rights, gender equality, and the environment in their own work surroundings. FinanCial SuS tainability • Names of the grant making organizations, the names of the supported projects, the total amount of the grant, and brief project summaries must be published on the websites of relevant public institutions in order to make them accessible for public use. • Public funding mechanisms should be regulated through predetermined, concrete standards. Sharing information on projects which receive public funding transparently will allow the general public to acquire information on such practices. It will also allow CSOs to get information on the projects implemented in different regions, and will contribute to learning from shared experiences. • Quota practices applied for the CSOs must be developed in order to enable more CSOs to benefit from financial supports provided by the public institutions. • Best practices and stories regarding donations must be extended, and individuals should be encouraged to support CSOs through volunteerism, sharing expertise, and donations. • Private sector should be encouraged to define their corporate social responsibility activities and strategies according to their priorities and areas of interest, and execute them in collaboration with CSOs. Also, private sector must define policies that would encourage their employees to volunteer for CSOs. • Communication channels that would bring together the private sector and the CSOs must be strengthened, and activities in which common areas and principles are defined must be supported. • The current tax laws that do not establish an encouraging atmosphere for private sector to provide CSOs with financial support, must be revised in a way which promotes corporate social responsibility and donation. • The grant making foundation model, which includes the “Community Foundation” model has huge potential for the fundraising activities of local CSOs. Therefore, this model must be promoted, and communication and support activities must be implemented to encourage the expansion of this model in Turkey. • Social enterprises, which emerge as an important model for enabling financial sustainability of civil society organizations, must be introduced more thoroughly to CSOs. The state should take initiative to support this model via acknowledging it in relevant legislation. CSOs’ which undertake activities that provide capacity development and financial support programs for social enterprises must be encouraged. Civil SoCiety Monitoring report 2012 RESEARCH 61 Current Situation • The academic publications on civil society in Turkey comprise of a wide area that involves associations and foundations, social movements, civil initiatives of various dimensions. • Approximately 79 Masters theses and doctoral dissertations on civil society registered in the thesis center of the Higher Education Council in 2011. The masters theses and doctoral dissertations explore various aspects of civil society, such as the importance of civil society in terms of the concept of governance in Turkey, the role of corporate social responsibility in development, and the financial sustainability of civil society organizations. • The university-CSO relations in Turkey are built via the Civil Society Centers that are very few in numbers but intense in terms of their activities. These relationships are maintained through course options offered by universities in various areas of civil society, social entrepreneurship, social awareness projects, and the participation of academics to the research of CSOs either as researchers or advisors. • The monitoring projects and reports undertaken by right-based organizations starting from the second half of the 90s in Turkey have gained momentum in the 2000s. Today, many rights based organizations have regular, annual monitoring publications. • More effort should be put into the development of dialogue and collaboration between universities and CSOs. Each party should be encouraged to engage in collaboration and joint research projects where they could benefit from each other’s expertise and enrich the area of civil society. • Academic research and various study programs on social responsibility and social awareness at universities must be supported. The youth must be encouraged to familiarize themselves with civil society organizations, and conduct joint projects. • Monitoring reports published by civil society organizations play an important role in collecting up-to-date data regarding civil society’s relevant fields of interest, and also allow for comparisons with previous years’ data. These reports must be made more widespread and should be more effectively announced to the general public. The data retrieved from these reports must be disseminated to their target audiences, used to form the basis of CSOs’ advocacy activities. • Capacity development activities of CSOs regarding fundraising, advocacy, governance, advocacy campaigns must be supported by the trainings which are also accessible for local CSOs. • Research and capacity development activities must be updated based on the needs of the CSOs, and they must be made accessible via online technologies to all individuals who are interested. • The international publications on civil society must be translated into Turkish. By doing so such publications can be made accessible to a larger number of CSOs. Also, there should be more support for the translation of publications which are produced by the Turkish CSOs into other foreign languages. REsEARCH RECOMMEnDATiOns Civil SoCiety Monitoring report 2012 62 Civil SoCiety Monitoring report 2012 APPENDIX CIVIL SOCIETY CAMPAIGNS AND MEDIA VISIBILITY 65 Within the scope of the media review which was conducted for 3.5 months by Interpress in 2012, the TUSEV team elaborated on the media visibility of the impact and scope of CSO activities in Turkey. To provide a coherent picture on the media visibility of CSOs in Turkey, the media review has focused on the following dates: 6-20 January 2012, 15-28 February, 1-30 March 2013, 1-30 April 2012, 25-31 May 2012 and 6-15 June 2012. Additionally, taking into account their circulation numbers and their political tendencies the media review focused on Hürriyet, Radikal, Zaman, Cumhuriyet and Sabah. • CSOs need to be visible in the media in order to make themselves heard by the general public, inform the general public, and find support for their projects and campaigns. • In the written media, the CSOs have appeared mostly as news (46%) and short news (26%). In columns, on the other hand, CSOs have appeared at a ratio of 22%. The ratio of appearance of the CSOs in the news analysis and editorials is 3%. • Regardless of how the newspapers define the concept of civil society, and when the publication types are analyzed according to the newspapers, the newspapers that give the uttermost place to civil societies happen to be Zaman, Cumhuriyet, and Radikal. The newspapers that mention CSOs more in their columns are Hurriyet, Cumhuriyet, and Sabah. • Without differentiating national from local media, the general picture shows us that the news about national, that is CSOs that operate in Turkey represent the 83% of the scanned news. Regional CSO news make up of 4.6% of total CSO news, and locally focused news make up of 3.9% of total CSO news. When we look at these data, it is shown that the national press has a low ratio of giving place to local and urban-based civil society efforts. The international CSO news appears in the written media at a rate of 8.3%. The general picture is that the news on CSOs rarely goes out of the national limits and channeled from the international, local, and regional perspectives. • When we analyze the dispersion of news on all newspapers, based on the types of CSOs, the first three categories that take the larger space are advocacy CSOs, social contribution programs of corporations and family foundations, and news on vocation and business organizations. The most popular types of CSOs mentioned in news stories are CSO networks, support centers, non-profit media, organizations that are interested in social issues and entertainment, and student-youth unions. • Social media is very important in the way that it has a participatory structure, and it advances people’s right to access to information. This participatory structure of social media creates substantial opportunities not only for commercial brands, but also for civil society in various areas from organization to the announcement of campaigns, and information sharing to resource creation. • Greenpeace-Mediterranean-Turkey is the leading organization that most actively uses social media in Turkey, and has the highest number of participation. The Greenpeace Mediterranean Turkey, with its 781,000 Facebook fans, has the highest number of fan than several commercial brands in the world. 110 110 The number regarding the page followers retrieved by December 2012. APPEnDiX CiViL sOCiETy CAMPAiGns AnD MEDiA VisiBiLiTy Civil SoCiety Monitoring report 2012 66 • Greenpeace Turkey/Mediterranean is the most followed CSO on Twitter, as well. Following Greenpeace with their number of followers, we see AKUT Foundation, as well as humanitarian aid organizations such as the Turkish Red Crescent, IHH, and Is Anybody There? Association. • Printed media in Turkey provides visibility to the CSO efforts in vital areas such as environment, women’s organizations, child and human rights, at low levels. Besides this, topics such as accommodation, poverty, migration/refugees, and volunteerism that are very important to CSOs rarely appear in the print media. • The ratio of other types such as caricature, editorial, news analysis, public opinion analysis, interview, reader’s letters that were included in the research are too low to be taken into consideration within the news type’s percentage. These data reveal that the CSOs are very superficially handled in the press, and that there are no in-depth research and essays on the CSOs. • Social media become a crucial alternative for organizations that have difficulties in ensuring visibility in the mainstream media, in terms of molding public opinion, and addressing target audience. Particularly considering the number of users in Turkey, the numbers of Facebook and Twitter followers/users can significantly exceed the circulation of newspapers. It is now imperative that the communication experts working in civil society have to closely follow social media, and carry out activities in this area. hiS tory oF the CaMpaign 111 The developments that were experienced in the process since the draft law was brought to the agenda until it was approved in the TBMM are as follows: February 20: The proposal of the draft law by the AKP Group to the TBMM Presidency February 22: The 4+4<8 declaration of Education Reform Initiative (ERG), preparing the preamble text, and sharing of the text with the public to contribute to the accuracy of the debate in the public opinion 112 February 23: The arrival of the draft law to the National Education, Culture, Youth, and Sports Commission, and its submission to the Sub-Committee. ERG organizes a press conference and several CSOs and media organizations invited. February 25: ERG publishes the fact sheet called What is Continuous Primary Education? with references to public opinion February 28: CSOs’ presentation of their opinions regarding the draft law in the Sub-Committee meeting ERG publishes the fact sheet it prepared called the 111 The case analysis that examines the discussions on the draft law according to the CSO-Public Sector rela- tions can be found in the Legal Framework section of the report. 112 The documents prepared by ERG as part of the 4+4<8 can be accessed at https://erg.sabanciuniv.edu. the 4+4<8 CaMpaign CA sE AnAL ysis Civil SoCiety Monitoring report 2012 67 International Tendency in Starting Age of Vocational Training, Why the Preschool Education Should Be Mandated by Law?, and Can the Draft Law Prevent Mobile Education in the Country Side? February 29: The Sub-Committee talks with the participation of CSOs and the following amendments made as a result of these meetings March 4: The updated 4+4<8 declaration under the light of Sub-Committee amendments, and the sharing of the preamble text by ERG with the public March 5-12: The debate in the National Education, Culture, Youth, and Sports Commission of the draft law that came out of the Sub-Committee, and the child labor becoming widespread with the reduction of the apprenticeship age to 11, the approval of the amendments that remove the worries about losing gains regarding the schooling of girls and kids with disabilities due to paving the way to open education in primary education after the fourth year March 8: ERG’s public sharing of the fact sheet called Religion Education that is ‘Optional’ not ‘Mandatory’! Immediately after the signing and the presenting the draft law on the Law on the Primary Education to the Parliament and Some Other Laws, various reactions were received from the CSOs and public opinion regarding the content of the draft law, and the amendments that were planned to be implemented in the education system. These reactions were expressed through protests, press conferences, and newspaper ads. ERG has prepared a declaration to inform the general public after the draft law was brought to the agenda, and published a preamble text that constituted the basis for this declaration. These documents were announced to the public opinion through 10 media organizations including CNNTurk, NTV, Kanal D, Hurriyet, Haberturk, Cumhuriyet, Taraf, Zaman, Bugun newspapers, and Bianet, and through a press conference with the participation of six CSOs 113. Press conference was very important for the process since it was organized short after the announcement of the law. Additionally, it was an important initiative to declare the 113 CSOs that attended the press conference are: Tohum Otizm Vakfı (Seed Autism Foundation), Anne Çocuk Eğitim Vakfı (Mother Child Education Foundation -AÇEV), Yüksek Öğretimde Rehberliği Tanıtma ve Rehber Yetiştirme Vakfı (the Foundation for the Advancement of Counseling Education-YORET), Çağdaş Yaşamı Destekleme Derneği (the Association for Supporting Contemporary Life -CYDD), Türkiye Eğitim Gönüllüleri Vakfı (Turkey Education Volunteers Foundation- TEGV), and the Tarih Vakfı (History Foundation). joint opinion of various CSOs. Furthermore, the fact that the participant CSOs were organizations from various areas of education had a strategic importance in the way the topic was debated on a more rational ground. With this press conference, ERG aimed to reveal significant data about the law and bring a new perspective rather than focusing on the ideological discourse. The representatives of the CSOs that participated in the meeting have shown attitudes with similar messages towards discussing the process. ERG anticipates that the law is a topic that interests the society as a whole, and therefore has used a coherent language in the fact sheets that presents technical issues with a simple narrative in order to allow non- expert people to have an opinion regarding the content of the law. ERG also played an active role in the policy development process in the discussion stage of the draft law, and it continues to conduct monitoring studies on the effects of the law on education. advoC aCy aCtivitieS The advocacy activities of the 4+4<8 campaign were generally handled with one-to- one meetings with the decision makers. The first of the two most important activities carried out during the campaign was the meeting with the Sub-Committee, which was founded within the TBMM National Education, Culture, Youth, and Sports commission. The second one was the meeting about the 4+4+4 regulation following the legalization of the bill, with the gathering of actors 114 who work in this area. These two processes have constituted the fundamental activities targeting the Ministry. The Organizations which are members of ERG, who emphasize the importance of adopting a constructive attitude in their relations while maintaining the advocacy work, also state that the dialog that was established during the course of the campaign was a positive development. 114 It was organized with the invitation from the Ministry of Education, and the participation of the Director, Coordinator, Assistant Coordinator, and Political Analysts of ERG, The President of the Union of Private Schools Association Cem Gulan, The General Director of TED Sevinc Atalay, and the Director of Research on Economy and Society of the Foundation of Research on Politics, Economy, and Society (SETA) Bekir Gur. Civil SoCiety Monitoring report 2012 68 what waS the CoMMuniC ation Strategy? Although the initial activities carried out by ERG were not referred to as a campaign, the end results of the 4+4<8 slogan have been a significant campaign based on raising awareness and advocacy. Since the announcement of the draft law has been considered “an unexpected development”, the campaign was not initiated with a pre-designed communication strategy. A reaction was fast exposed within in the course of the process. The 4+4<8 slogan was created, and throughout the campaign several efforts were made to collect as many data as possible. The collected data was shared with the public via social media and press, and opened to debate. As part of the 4+4<8 campaign that did not proceed within a specific media strategy, communication activities were conducted on the existing agenda, rather than creating a whole different one. The ERG team has increased the media visibility of the campaign with the support they received from the Sabancı University communication team. 115 Activities carried out as part of the campaign have also played an important role in raising awareness and increasing the visibility of ERG. how were the Media rea Ched? The 4+4+4 law essentially has a lot of technical content, and because of that it is not easily understood by the general public. The briefing role undertaken by ERG in the course of this process has attracted public’s attention, as well as the media’s. This brought along invitations to various TV shows as well. 116 “viSibility on televiSion wa S deCupled with the 4+4<8 C aMpaign” The ERG officials have participated in several discussion programs in this period, including the “Tarafsız Bölge” on CNNTurk, “Gündem Müzakere” on IMC TV, “32. Gün” on 115 ERG was launched within Istanbul Policy Center at Sabancı University in 2003, with the aim of improving education policy and decision-making through research, advocacy, and training. 116 According to the information provided by the Supervisor of the Education Programs, Cigdem Tongal, who also conducts the communication activities of ERG, names such as Abbas Guclu, Sedat Ergin, Figen Atalay, Umay Aktas, Nuran Cakmakci, Pervin Kaplan, Oktay Tas, Meral Tamer, Inci Hekimoglu, Ahmet Altan, Nihal Kemaloglu, Gila Benmayor, Evrim Sumer, Funda Ozkan, Andrew Finkel, Sedat Gulmez, Ibrahim Demirkan, Seda Kaya Guler, Namik Kemal Tunc, Canan Bozkurt, Rahime Sezgin, Perihan Cakiroglu, Meltem Gunay, Yonca Poyraz Dogan, Sumeyra Tansel, Nicole Pope, Gonul Koca, Cengiz Aktar, Sinem Vatanartiran, Zekeriya Yildirim, Sule Yurcu, and Kutlu Esendemir from the print media have mentioned the fact sheets prepared by ERG in their columns, or have reached ERG for its opinion. Channel D, “Memleket Meselesi” on A Haber, “Memleketin Hali” on Haberturk, and “Bugün/Yarın” on NTV. While in a classical campaign, the agenda of the campaign is predetermined by the organization, the 4+4<8 campaign was developed based on the ad-hoc and fast-changing political agenda of the country and this has provided ERG with an advantage. Due to the fact that the issue of education in Turkey has usually been brought to the agenda of the media with the opening and closing dates of schools, ERG has published new policy notes regarding the topic in September, right at the beginning of the academic year. Since the draft law on 4+4+4 was announced, it was possible to frequently come across programs concerning this issue on the media. The professional support that was received from the Sabancı University regarding media relations has increased the program invitations sent to ERG. ERG has mobilized several dissemination channels over the Internet. The 54 videos shared on ERG’s YouTube account following the increased visibility in the media, have been viewed more than 6,500 times by December 2012. Additionally, ERG has e-mailed publications and up-to-date announcements regarding the topic to a communications list of more than 10.000 people. While the social media was majorly used for announcement purposes, during the 4+4<8 process a significant increase was observed in the number of ERG followers. ERG has 2,018 followers on Twitter. According to the statistics on the Internet, the number of visitors of the website over the course of the 4+4<8 campaign almost doubled the number in 2011. The number of visitors was 13,000 in 2011, while it reached 25,250 throughout the process until December 2012. The Education Monitoring Report, through which ERG monitors annually the changes made in the area of education, has been downloaded 2,400 times, and the September 18 th fact sheet regarding the 4+4+4 law has been downloaded 7,000 times. All of these statistical indicators show that the active use of social media over the course of the 4+4+4 has been a significant opportunity for ERG’s outreach, and sharing of its expertise in the area of education. Civil SoCiety Monitoring report 2012 69 how waS the publiC rea Ched? has there been a study/research conducted in order to measure the public reaction following the campaign? There are no studies aiming to measure public reactions to the law. Since the target audience for the 4+4<8 campaign were the decision makers, it was aimed at directly reaching the decision makers. In this context, the members of the parliament were called one by one, and were sent ERG publications prior to the press conference. The Eğitimde İyi Örnekler Konferansı 117 annually organized by ERG, participated by primarily teachers, and then other shareholders that work in the area of education, has been used as a tool to mold public opinion throughout this process. 118 Although there is not any scientific evidence to back it up, ERG states that they have received positive responses from the general public in every sense throughout the 4+4<8 campaign. who endorSed it? w hich CSos were collaborated with for the campaign? ERG has invited various CSOs throughout the campaign to the press conference, and maintained its communication with them. Several vocational organization and civil society organizations have supported the campaign; however there was no partnership in the process. how did the campaign succeed? The campaign on the draft laws allowed reaching a large amount of people through creating public awareness. Also, the media paid close attention to the outputs of the campaign. The timely information flow that was provided through the campaign has been a critical factor in the success of the campaign. 117 Eğitimde İyi Örnekler Konferansı (The Good Examples in Education Conference) held by ERG annually, to disccuss best practices concerning education in Turkey. 118 In the opening ceremony of the conference, the amendments that came with the 4+4+4 law have been discussed with an integrated approach at the panel which was mediated by of the journalist-author Sedat Ergin, and participated by the Dean of School of Education at the Bosporus University Dr Guzver Yildiran, the Director of ERG Dr. Ustun Erguder, lecturer at the Bilgi University Associate Professor Kenan Cayir, and the educator Erhan Agbaba, as speakers. The ERG team has stated that the most important element in the success of the campaign was the advocacy activities. ERG stated that it had transferred knowledge into publications that are based on concrete and objective data and then disseminated to the general public. As a result of these activities, the revisions made on the draft law, and the production of information that could foster rational debates in the public opinion have been considered as positive developments regarding the outcomes of the advocacy activities. C A sE AnAL ysis the “yeMezler” (we won’t eat it) CaMpaign119 The issue of the genetically modified organisms (GMO), which has been debated in Turkey since 2003, and on which various CSOs have started campaigns, started to draw the attention of a considerable amount of people by 2012. And since, support for campaigns have gradually been increased. Primarily the GDO’ya Hayır (No to GMO) Platform that constitutes 70 organizations including the Chamber of Agricultural Engineers, Ekoder, Ciftcisen, the Turkish Medical Association, as well as other CSOs such as Greenpeace, and the Fikir Sahibi Damaklar (Opinioned Palates) have conducted significant activities regarding the banning of the GMO, a topic that directly concerns human health. 119 Also a synonom for “I don’t buy it” in Turkish. Civil SoCiety Monitoring report 2012 70 The GDO’ya Hayır Platform that was supported by various CSOs based on their respective expertise is an important example for collaboration among CSOs. The We Won’t Eat It Campaign operated by Greenpeace Mediterranean has played a significant role transforming this issue to a significant campaign, announced by the media which raised awareness in the general public. The technical and information sharing activities of the GDO’ya Hayır Platform, as well as the advocacy carried out with support from the public as part of the Yemezler Campaign towards corporations and public opinion have resulted with the withdrawal of 29 import applications for food- related GDO in August 15, 2012.The legalization of GMO has started with a draft legislation prepared by the Ministry of Food, Agriculture and Livestock in 2009. Due to the inadequacy of this legislation, a serious opposition against GMOs has emerged especially among CSOs. Following this period, the Fikir Sahibi Damaklar has stated that the Legislation On The Importation, Processing, Exportation, Controlling and Auditing of Genetically Modified Organisms for the Purpose of Food and Feed published in the Official Gazette (no: 27388) in October 26, 2009 did not prioritize human health, and they started a movement that demands the banning of GMO altogether rather than the regulation of GMO products. Fikir Sahibi Damaklar pointed at the substantial role the mainstream and social media had in the sharing of the information as well as maintaining transparency. Fikir Sahibi Damaklar also participated in advocacy efforts aiming at the withdrawal of 29 GMO importation initiatives in food products by the Federation of Food and Drink Industry Associations of Turkey (TGDF) in 2012. In addition to this, some of the organizations that work within the scope of GDO’ya Hayır Platformu have traveled Turkey city-by-city, and raised awareness on GMO prior to the 2009 legislation. The Biosafety Law and Legislation took effect in September 2010. With the law coming into effect, the Biosafety Council was appointed as the institution that evaluates GMO applications, and conducts scientific analysis. Later on this process, primarily the feed companies, and then the Federation of Food and Drink Industry Associations of Turkey (TGDF) have made applications for GMO importation permits. At the beginning of 2011 the Biosafety Council has granted permits to three kinds of soy genes for the purpose of feed. Lastly, in September 2011, public institutions have sought public opinion regarding 10 corn types with GMO. The Chamber of Agricultural Engineers, a component of the GDO’ya Hayır Platform, has declared its statement regarding the Council reports. Greenpeace has shared the statement prepared by the Chamber of Agricultural Engineers with its supporters, and therefore played an active role in the dissemination of the statement to the public. On the last 2 days of the 21-day period when the statement was shared with the general public with Greenpeace’s support, 100,000 signatures were collected against GMO. Seeing the importance given to GMO and the support from the society within the framework of the petition, HOW ARE GmOs PROCURED ? The GmO is generally procured through the genetic transference of a feature of one being to another that does not naturally have this characteristic. the hiStory oF CaMpaignS a gainSt gMo w hat was the situation before the campaign? In Turkey, until the signing of the “Cartagena Biosafety Protocol” in 2003 there was no legal regulation regarding GMOs; however the cohesiveness of the protocol, and the legal obligations it brought have made it necessary to make legal regulations about the issue. Another important development witnessed in this period was the foundation of the GDO’ya Hayır Platform in 2004. Awareness was raised about GMOs via this platform. Civil SoCiety Monitoring report 2012 71 Greenpeace started working more actively towards this demand, and decided to play a more effective role in the GDO’ya Hayır Platform. Following this decision, an Agriculture Campaign section was initiated within Greenpeace, and an active campaign was started on GMO in November 2011. With the completion of the preliminary preparation of the campaign, the Yemezler campaign was initiated in February 16, 2012. GREENPEACE – YEmEzLER (We Won’t Eat it) CAmPAiGN 120 The Yemezler (We Won’t Eat It) campaign is composed of two sections which are feed applications, and GMO food. Since the Biosafety Council evaluates primarily the feed applications, Greenpeace has targeted GMOs regarding feed in the first section of the campaign. Greenpeace claims that GMOs should in no way (neither for humans nor as animal feed) be entered into the system, and considering that there were previously granted permits, directed its advocacy activities towards the imposition of tag obligation to the products derived from animals who were fed on such feed, until GMOs are fully banned. As a result of this demand which received support from the general public, Mehdi Eker, the Minister of Food, Agriculture and Livestock, explained in TV programs, first in April and then in June, that they have started the process of tagging products derived from animals fed by GMO feed. He also stated that tagging products with GMO feed will be made possible. This way, a significant achievement was reached about the feed applications as part of the first stage of the campaign. Following this success, Greenpeace is planning to demand the initiation of work on relevant legislation. In the second stage of the campaign, the banning of the GMO food was achieved. The 29 importation applications of TGDF were withdrawn and the campaign succeeded thanks to the petitions made within the scope of the Yemezler campaign, protests, news that appeared in the traditional and social media, and the sensitivity shown to the subject by the public. The details of the campaign conducted by CSOs with the support of the public can be found below. 120 The phrase is also a synonom for “I don’t buy it” in Turkish how wa S the publiC opinion rea Ched? have greenpeace conducted any public opinion polls before the campaign? Following the start of the campaign, a public opinion poll was conducted in June 2012 in order to understand the opinions of Turkish people about GMO products. The research was conducted in June 9-10, 2012 at home via a one-to one interview method throughout Turkey in seven geographical regions, in 42 cities and 194 districts, and 214 neighborhood and villages that are affiliated to them, with 4,860 subjects who represent the electorate who are the age of 18 or older, and 2,430 of them being women. The research was conducted in 42 cities 121 through interviews, and it was prepared by taking into consideration the urban-rural dynamics of Turkey. In the research that aimed at defining the perception and the behavior patterns of the public regarding GMOs, questions such as “What is GMO?, What do you generally think about GMOs?, How worried are you about GMOs?, Could you evaluate the use of GMOs in animal food, human food and agriculture or the use of it in farms according to agitation level?, What would you do if you knew there is GMO in a packaged product?, Would you buy other products from a brand if you know that in one of their products there is GMO?, How would you trust a company/brand that imports (or applies for importation) of GMOs?” were included. 121 The cities where interviews were conducted: Adana, Afyon, Ankara, Antalya, Aydin, Batman, Bolu, Bursa, Balıkesir, Bingol, Canakkale, Corum, Denizli, Diyarbakir, Edirne, Eskisehir, Erzurum, Gaziantep, Gumushane, Hatay, Icel, Istanbul, Izmir, Kayseri, Kutahya, Kahramanmaras, Kocaeli, Konya, Malatya, Manisa, Mardin, Mus, Ordu, Rize, Sakarya, Samsun, Sinop, Sivas, Trabzon, Van, Yalova, and Zonguldak. Figure 1 I don’t eat it 83% According to Greenpeace’s public opinion poll, 83% of Turkish population said they don’t eat food products with GMOs. Civil SoCiety Monitoring report 2012 72 According to the results of the research conducted by Greenpeace via a mobile research company; • The ratio of those who do not want GMO is 83%, • The ratio of those who say they would not by other products of a brand who has one GMO product is 62%, • The concern of Turkish people regarding GMO is 81.5%. The public opinion poll that was conducted has provided important data in terms of presenting up-to-date and tangible information regarding the attitudes of Turkish people towards GMOs. Greenpeace based the Yemezler campaign on these data and by doing so it was able to strengthen the basis of the advocacy activities and gain public support. how wa S the CoMMuniC ation Strategy oF the C aMpaign deFined? w hat method was followed in order to reach all the target audience? Generally the Yemezler campaign has been a campaign that targets all consumers. Greenpeace has used simultaneously and intensely all kinds of communication channels that combine the traditional and social media in order to effectively send the campaign messages to various targeted audiences. The petition that was started at the first stage of the campaign collected a total of 326,591 signatures, and contacted the signatories through e-mail. On the other hand, efforts were made to place information, news, and visuals regarding the Yemezler campaign in mother-child magazines, cook book/ magazines, and blogs. Furthermore, the Greenpeace team gave interviews to radio and TV programs on the issue. Aside from all these, the Greenpeace Supporter Relations Team has reached the target audience that only has access to news only through TV channels, through phone and gave them information about the campaign. In addition to these activities, regular information flow was maintained by sending newsletters to all the supporters throughout the campaign. Throughout the campaign, professional companies were hired to manage the communication activities both in the social and traditional media. The first stage of the campaign that is the use of GMO in feeds has been conducted simultaneously in the traditional and online media. In the second stage towards the food with GMO, brands were targeted one-by-one, and online and social media was used, anticipating the abstention of the traditional media. Greenpeace has worked with professional communication agencies that voluntarily support the campaign in the areas of advertisement and public relations for conveying simple and effective messages. how were the Media rea Ched? As a reflection of the concern of the public opinion regarding GMOs, the media has also showed interest in the Yemezler campaign. News on the campaign has appeared in the most circulated eight newspapers in Turkey with the largest circulation rate. Greenpeace protests as part of the Yemezler campaign have frequently found place in the media. 122 The communication team has preferred one-on-one working method for support from the columnists. Initially the writers who know about several campaigns of Greenpeace, and who already follow Greenpeace were targeted. While in the beginning of the campaign some additional activities had to be organized to attract media attention, in the following periods journalists started following Greenpeace with news demands. how did the C aMpaign take pla Ce in the Media? The fact that the Yemezler campaign has focused on a topic that concerns all consumers enabled it to get support from all parts of the society. Several press members have claimed the campaign as it covered a subject that directly affects human health. Some of the press members have made citations by following the Facebook page or website of Greenpeace, and brought the issue to the agenda. Appealing columnists were identified in the visual and print media who might be interested in the topic, and Greenpeace gave those interviews. In addition to these, messages that involve the name of the Yemezler campaign, and the issue of GMO were included in popular TV shows such as “Fatmagül’ün Suçu Ne?” and “1 Erkek 1 Kadın”. In order to receive this support from the TV shows, the Greenpeace communication team had contacted them with requests, while some producers have approached with their own desire to highlight the issue in their shows. 122 An example for the protests organized by Greenpeace as part of the Yemezler (We Won’t Eat It) cam- paign: https://www.greenpeace.org/turkey/tr/news/yemezler-160212/ Civil SoCiety Monitoring report 2012 73 how did the CaMpaign SuCCeed? According to the interviews conducted with the Greenpeace officials, the success of the campaign cannot be solely attributed to them. They stated that the most important factor that made Yemezler successful is that it was a participatory campaign with several people and CSOs, along with the communication team. The 326.591 signatures that were collected as a result of the petition conducted over the website in the first stage of the campaign have constituted the populace that was joined throughout the campaign. The Greenpeace officials have identified their own role in this process as “creating a space for people to make campaigns, and after that assuming the role of channeling these reactions”. Emphasizing the fact that GMO is an issue that concerns the social health, Greenpeace placed importance in targeting the general public with the Yemezler campaign instead of a targeted audience. They paid close attention to using an encompassing language in the campaign that would attract the attention of different groups. The success of the communication activities of the campaign has been evaluated as “after analyzing the current situation by the whole team, contemplation and preparation for the integrated use of various factors”. The Greenpeace team, with the support of experts, has developed joint ideas on what kind of an attitude would be exhibited through traditional media, or how to get the columnists interested in the issue. The public opinion research developed as part of the campaign and the results of this research have been turned into strong messages with the activities of communication companies who were voluntarily supporting the campaign, and this strengthened the campaign, and increased the number of supporters significantly. While Greenpeace was managing the communication activities, it had the opportunity to continuously stay in touch with the other CSOs via the GDO’ya Hayır Platform. This has produced positive feedback in the general public regarding jointly advocating for a cause. Also it must be noted that the Medical Association, Chamber of Agricultural Engineers, and Ecological Collective achieved their aims through collaboration. This emphasizes the importance of collaborative work in civil society. The closing speech of the Prime Minister Recep Tayyip Erdogan on May 25, 2012 at the International Conference of Parliamentarians opened the way to restarting the debate on abortion ban. In his May 26, 2012 speech at the AKP Women’s Branch 3 rd Ordinary Congress, Erdogan repeated his messages on the issues of cesarean section and abortion. 123 Following these two speeches, a reaction occurred in the public opinion, and campaigns were organized against the banning or limitation of abortion by various CSOs, especially organizations that represent the women’s movement in Turkey. As part of the Civil Society Monitoring Report 2012 two campaigns are analyzed. Firstly, the Kürtaj Yasaklanamaz (Abortion Cannot Be Banned) Campaign which involves an online petition, and was supported by various countries including Turkey is analyzed. Secondly, the Benim Bedenim Benim Kararım (My Body My Decision) campaign that was widely supported in the social media where individuals have 123 https://kurtajyasaklanamaz.com/ beniM bedeniM beniM k ararariM (My body My de CiSion) and k ürtaj y aSaklanaMaz (abortion Cannot be banned) CA sE AnAL ysis Civil SoCiety Monitoring report 2012 74 shared their reactions against the draft law, along with their pictures are analyzed due to the fact that they are among the most influential campaigns in this context. The Benim Bedenim Benim Kararım campaign operated by a media organization has provided the opportunity to present reactions with striking visuals thanks to the participation of individuals. Kürtaj Yasaklanamaz campaign that received a substantial amount of individual and institutional support through the online petition is important in the way that it was born out of the women’s movement, and gained international support. the hiStory oF the CaMpaign benim bedenim benim k ararım Campaign Following the first day after the Prime Minister Recep Tayyip Erdogan’s “Uludere and Abortion” statements on May 25th, several readers have reached Bianet 124 on the phone and said that they would support a campaign that would be concentrated on this issue. Due to its independent nature as a media institution, Bianet has never conducted a campaign before, but after this huge 124 Bianet, the Independent Communication Network (BİA), is a continuous project that has been conducted since 1997 at the center of the IPS Communication Foundation’s efforts, on four basic activity areas –edito- rial desk, legal support unit, educational programs, program development center- with the purpose of empowering “independent media”. For more information on Bianet, please visit www.bianet.org. demand from its employees and its readers, it decided to organize a campaign. Within the few days that followed the statement of the Prime Minister, the Bianet team and the volunteers have organized a meeting regarding the issue, and exchanged ideas, and made a research on the similar campaigns around the world. According to the research, campaigns that were conducted at different times against similar situations in Syria and Uruguay have showed that campaigns that were supported by celebrities who carry banners that says STOP on them succeeded. As a result of the ideas discussed in the meeting, it was decided that using visuals were considered to make the campaign more visible, and therefore the Benim Bedenim Benim Kararım campaign was initiated. k ürtaj y aSaklanaMaz CaMpaign Immediately following the statements made by the Prime Minister and the Minister of Health, women’s organizations and activists have shared their reactions on various women networks regarding things to be done against the initiative on banning abortion, and the messages that were necessary to be conveyed. Some women’s organizations have expressed their reactions through press releases. Regarding these opinions and reactions, a group of feminist women coming from various women’s organizations but especially from the Equality Watch Group (ESITIZ), and Women for Women’s Human Rights (KIH-YC) have gotten together in May 30, and discussed what they could do against the government’s initiative on banning abortion. Following the discussions, they decided to generate a joint text and a platform that encompass all women’s organizations, create a joint website, and start an online petition for the joint text that targets broad participation. The draft text was delivered to the communication groups of women’s organizations and suggestions of different women’s organizations were taken into account, the Kürtaj Yasaklanamaz (Abortion Cannot be Banned) 125 website was opened as a platform for corporations and individuals to sign the petition. 125 Detailed information on the Kürtaj Yasaklanamaz (Abortion Cannot Be Banned) campaign can be found at https://kurtajyasaklanamaz.com. Kürtaj Yasaklanamaz Civil SoCiety Monitoring report 2012 75 The petition text 126 had initially emerged as the joint text of almost 100 women’s organizations rapidly continued to gain support through signatures via the website, as well as the communication groups. Within 10 days collected a total of 900 institutional signatures, which included 372 women’s organizations, 308 mixed organizations, and 220 foreign organizations (from 49 different countries), and 55,000 individual signatures. The technical support for the infrastructure of the Kürtaj Yasaklanamaz (Abortion Cannot Be Banned) website, the updating of the relevant news, and as well as the English, French, German, and Spanish translations of the website have been done by the volunteers who supported the campaign. what kind oF an advoC aCy poliC y waS adopted? It was stated that when the Benim Bedenim Benim Kararım campaign first started, there was no goal of reaching the public authorities. According to the campaign team, the goal of the Benim Bedenim Benim Kararım campaign was to show the power of reaction via a platform that was established against Prime Minister Erdogan’s Uludere and abortion statements. The Prime Minister Recep Tayyip Erdogan have targeted the Benim Bedenim Benim Kararım campaign at a live TV show on ATV on June 6, 2012 and said that, “there is propaganda without a religious basis. The body does not belong to you. Of course, this approach varies religiously and culturally. At this point, our faith and our traditions simply oppose this.” He expressed his reaction against the campaign by stating that, “According to our constitution, the right to life starts at the moment of conception. Considering this, it is unreasonable to get up and say, ‘this 126 The aforementioned text can be accessed at https://kurtajyasaklanamaz.com/. body is mine’. First of all we have to defend the right to life, this is our duty. The other choice is disrespectful of the law.” 127 Kürtaj Yasaklanamaz campaign, on the other hand, has followed an advocacy strategy, towards mostly on Prime Minister and the government, in order to stop the government’s initiative of banning or limiting access to abortion. Additionally, the campaign targeted dissemination of information about recent developments by and the visibility of the support statements from abroad. The executors of the Kürtaj Yasaklanamaz campaign have informed the international organizations such as the European Commission, the European Council, and the United Nations, as well as women’s organizations and coalitions in various countries, universities and academics who are working in the area of women’s rights on the situation and their demands, and asked them to share their reaction against the government’s initiative on banning abortion. Thanks to the coordinated activities of the Kürtaj Yasaklanamaz campaign, and various groups from the women’s movement, European Council, World Health Organization, Amnesty International Organization, and United States have made statements regarding the issue. 128 Kürtaj Yasaklanamaz campaign emphasized making the de facto practice of abortion impossible, aside from the banning of abortion initiative. It succeeded in attracting the public opinion and media’s attention towards the rejections of abortion demands at public hospitals in various cities, court decision requests for pregnancies as a result of rape, and the damage to the women’s and the babies’ health due to enforcement of normal delivery. According to the campaign team of the Kürtaj Yasaklanamaz campaign, another success of the campaign was to attract the attention of public and the media on the difficulties experienced in practice within the scope of the Pregnancy Monitoring Program (GEBLIZ), initiated as part of the family practice services by the Ministry of Health. This new practice, which requires those who request a pregnancy test at private laboratories to share their personal and 127 Benim Bedenim Benim Kararım Diyen Kadınlara Kızdı. Milliyet. Access Date: June 7, 2012. https:// siyaset.milliyet.com.tr/-benim-bedenim-benim-kararim-diyen-kadinlara-kizdi/siyaset/siyasetde- tay/07.06.2012/1550519/default.htm 128 ‘The Limitation of Abortion is a Step Backwards. BBC Turkish. Access Date: May 30, 2012. https://www.bbc. co.uk/turkce/haberler/2012/05/120531_un_abortion.shtml Civil SoCiety Monitoring report 2012 76 contact information, is considered “useful for desired pregnancies according to the experts. However it pushes the boundaries of privacy in cases of undesired pregnancies.” 129 After attracting the attention on the topic within the scope of the campaign, the Ministry of Health has ensured that patients receive information confidentiality option. Another issue that was overstressed by the Kürtaj Yasaklanamaz campaign has been the detention of women 130 during and after the nation-wide demonstrations. During this period, a pop-up message window warning has been continuously made on the campaign’s website, and a message denouncing the detention of peaceful demonstrators were rereleased via a press statement 131. Other than these aforementioned campaigns, other initiatives have simultaneously conducted advocacy activities employing different methods. For instance, in accordance with the call made by the Kürtaj Haktır Karar Kadın Platformu “Abortion is a Right, Righteous Women’s Platform” 132, simultaneous sit-in acts were conducted in 22 cities of Turkey in June 8th. The Platform has ensured the actualization of a march participated by thousands of women on June 17th from Pangalti to Taksim. The same platform declared “Virginity, Pregnancy, Abortion Cannot Be Blacklisted” on June 28th, and organized another march in Istanbul, from Galatasaray to Taksim. The Ankara Women’s Platform has organized several marches and street protests starting on May 30th. The Righteous Women Platform has managed to ensure the concurrent publication of a reactionary statement in several newspapers. 133 These initiatives were executed with strong communication and in solidarity, and these initiatives by women’s groups complemented each other. 129 Mahremiyet Butonu. Radikal. Access Date: June 22, 2012. https://www.radikal.com.tr/Radikal.aspx?aType=R adikalDetayV3&ArticleID=1091882&CategoryID=77 130 Kürtaj Eylemine 28 Gözaltı. Sabah. Access Date: June 1, 2012. https://www.sabah.com.tr/Gun- dem/2012/06/01/kurtaj-eyleminde-28-gozalti 131 The press statement made as part of the campaign can be accessed at https://www.kadinininsanhaklari.org/ kategori/haberler/33212/kurtaj-yasaklanamaz-kampanyasinda-toplanan-imzalar-hukumete-gonderildi. 132 www.kurtajhaktir.com 133 The statement text can be reached at https://www.haklikadinplatformu.org/icerik/55-bedenimizi-hedef- alan-siyaseti-durdurun. what wa S the CoMMuniC ation Strategy? The Benim Bedenim Benim Kararım (My Body My Decision) campaign was born out of a reaction without a preliminary preparation period. For the massiveness and visibility of the campaign, celebrities including artists, opinion leaders and other people who are known to be sensitive about women’s rights were contacted. These people were e-mailed four samples of images that can be used in the campaign, along with an invitation text that simply describes the campaign. Immediately after the e-mails were sent, the images about the campaign started to appear on Twitter, and became viral, the indication of its success. The campaign that was initiated by Bianet has gained strength by becoming widespread in such a short time via the use of social media channels. The creation of the website for the Kürtaj Yasaklanamaz (Abortion Cannot Be Banned) campaign, and the preparation and the e-mailing of the text that reflects the opinions and suggestions to groups that include more than 200 women’s organizations have been completed in five days. Signatures supporting the campaign were collected for two weeks, and the collected signatures were sent to the representative of the government on June 19. The initiative went through several debates during the designing of the petition campaign regarding the name of the campaign, the use of the right discourse, and conveyance of an effective message. Within the course of this process, the women’s organizations have continued to stay in touch about the simultaneously conducted campaigns, and supported each other. During the campaign each group have progressed by using different communication methods and tools. Social media channels, petitions, and street protests/marches were frequently used by the women’s movement towards hampering the government’s initiative. The ability to reach more people regarding the activities conducted for the petition of the initiative, and the high number of supportive signatures was made possible due to the fact that feminist women who took part in the coordination of the campaign had strong ties to women’s movement in Turkey and around the world. Feminist women involved in the campaign mobilized social media and their respective organizations, as well as their personal networks. The women that took part in the initiative have contacted several national and international organizations that they were a member of or those that were related to the issue, Civil SoCiety Monitoring report 2012 77 the unions, international news agencies, and academics personally, on the phone or through e-mail. At the same time, the course of the petition as well as the current debates on abortion has been shared with the followers via social media. how waS the Media rea Ched? In the course of the Benim Bedenim Benim Kararım campaign, a major support was received from the print media. Ayse Arman, one of the columnists of the Hurriyet Newspaper, has supported the campaign through writing an article on the campaign in her column and taking part in a photo shoot related to the campaign. 134 In the first day of the campaign, a great number of journalists have supported the campaign by sending pictures. According to Cicek Tahaoglu, the supervisor of the Benim Bedenim Benim Kararım campaign, the support provided by the columnists in the mainstream media, which rarely give place to news about civil society unless they are sensational stories, is an indication of a significant development. Within the course of the Kürtaj Yasaklanamaz campaign, even though there was a team of volunteers that contact the media, the coordinators of the campaign believed that the interest of the Turkish media towards the campaign was low. The press statement made on June 19th has brought this issue to the agenda as follows: “While the Turkish media surrendered to debating the issue generally on basis of religious arguments with the under intense pressure, they did not convey our actions and discourse sufficiently.” The campaign team who took this situation into consideration has worked hard in order to inform the international media on the developments. People in the campaign team that managed the campaign accepted interview requests from national and international members of the media, and the necessary participations were ensured. The international news agencies with representatives in Turkey have also shown great interest to the issue, interview requests from these people were also responded by the group. As part of the communication activities, the campaign documents, 134 The Prime Minister’s Statement on Abortion. TRT. Access Date: May 25, 2012. https://www.trthaber.com/ haber/gundem/basbakandan-kurtaj-aciklamasi-42244.html particularly the press statements, were translated into at least one foreign language. 135 As part of the process since the beginning, with her support to the actualization of the petition campaign and the Kürtaj Yasaklanamaz initiative, the member of the Equality Watch Group (ESITIZ), Gokcecicek Ayata, stated that the debates on the abortion law in the media are based on religious arguments, and discussions continued on the propounded data that centers around the decrease of population, and the women’s rights, as well as the violations of rights that may occur in the event of banning abortion are generally excluded from the debates. This issue was also criticized by the campaign team that started the initiative during a press statement on June 19 th. how wa S the publiC opinion rea Ched? A webpage was started in order to allow the uploading of images within the scope of the Benim Bedenim Benim Kararım campaign, however due to high demand, the website failed in terms of the expected performance. During that time, Bianet called out to volunteers for technical support to make the website effective. In the first days of the campaign, a serious amount of reader’s support, especially on the technical aspect, had been received. Bianet team has mentioned that the campaign had a significant impact since it was developed and strengthened with the participation and support of individuals. The news about the launching of the website of the Kürtaj Yasaklanamaz initiative have been shared with various groups that involve CSOs that work in different areas, primarily by communication groups participated by women’s organizations and activists such as the Women’s Congress, End to Violence Platform, TCK Women’s Platform, women e-groups, Ka-Der, and equality mechanisms, as well as the networks of other mixed groups such as the Conscientious Objection for Peace Platform. Additionally, several face-to-face, phone and e-mail interviews were conducted with relevant national and international organizations, unions, international news agencies, and academics to raise awareness on the aim and role of the website. 135 Certain relevant news can be reached at: https://en.qantara.de/The-Government-Is-Trying-to-Intrude-in- Peoples-Private-Lives/19376c500/index.html; https://womensenews.org/story/abortion/120716/turkish- women-blow-whistle-rights-crackdown#.UOb0_m-vFy0; Civil SoCiety Monitoring report 2012 78 who Supported it? While Benim Bedenim Benim Kararım campaign is one that raises awareness and assembles reactions on the Internet, the protest marches organized by the Kürtaj Haktır Karar Kadınların Platformu (Abortion is a Right Righteous Women’s Platform) that was made up with the call from Istanbul Feminist Collective carried the debates on the streets. Various campaigns on this issue have supported each other and allowed the reactions to be delivered in more than one approach or method. Both women and men supported the campaign. Protests were organized in a total of 23 cities, especially in major cities such as Istanbul, Ankara, and Izmir, simultaneously with the petition campaign over the course of the Kürtaj Yasaklanamaz campaign. According to the women who were involved in the campaign, the simultaneous protests organized in various cities of Turkey such as Mus, Van, Sakarya, Mersin, and Bursa during this process indicate the magnitude of reaction that emerged out of the public opinion. The translations of the website of Kürtaj Yasaklanamaz campaign, which is published in five languages, were done by the support of numerous volunteers. Thanks to the international connections of the women who were involved in the initiative and supported the campaign, the petition was simultaneously announced and received support in several countries of the world. The communication, forwarding, and support work conducted by the Association for Women’s Rights in Development (AWID) through their website and communication networks have allowed women’s organizations in different countries to be informed of the situation, and this seriously increased the international support. LGBT organizations have also provided substantial support to the campaign. Gokcecicek Ayata said that the support that was received for the campaign from CSOs abroad is larger compared to CSOs in Turkey. For instance, women in major European cities, such as London, organized street protests to declare their support for the campaign in Turkey, and read the petition text in their own languages to repeat the demands in the text. Following the campaign, great attention was paid in sending thank you messages to all supporters. how did the CaMpaign SuCCeed? According to Çiçek Tahaoğlu, the campaign supervisor of Benim Bedenim Benim Kararım, the most important factor in the success of the campaign was the use of powerful images. People’s use of their own pictures has created interpersonal interaction, and the fact that the messages sent with the images were defined by the participants made the campaign all the more interesting. Additionally, some participants have preferred writing their messages on their bodies (belly, arms, wrists, forehead, etc.) or the signs they hold in their hands which allowed the internalization of the campaign. The age range of the participants is quite wide, and there have been catchy images of for instance three generations of women, or spouses posing together. As a result, the online and accessible nature of the campaign, the use of images, and the opportunity for the participants to internalize the campaign were the most important factors. The fact that the campaign was organized by a media organization is also considered as a success factor. Although Bianet, compared to the mainstream media has limited number of followers, the fact that it is followed by a numerous number of journalists 136 has helped increase the visibility of the campaign in the media. Gökçeçiçek Ayata highlights that the success of the petition campaign started by the Kürtaj Yasaklanamaz initiative is due to the fact that it was operated upon a text that was supported and could generally be agreed upon by women’s organizations. In this process, there was emphasis on the clarity and understandability of the text. According to Ayata, the existence of a team that has worked diligently since the beginning of the initiative in order to rapidly and effectively respond to the developments witnessed over the course of the campaign, and the support of the volunteers have contributed significantly to the cause. According to the data retrieved from the website of Kürtaj Yasaklanamaz, 60,420 signatures have been collected within the scope of the campaign. In addition to the individual signatures, 680 institutions in Turkey, 372 of which are from the women’s movement, have provided institutional support to the campaign through their signatures. 220 organizations from abroad have also given support to the campaign with their institutional signatures. 137 According to Ayata, the total number of 136 According to a survey conducted by Bianet, 15% of its readers are journalists. 137 The abovementioned information was retrieved in 12/3/3012 at https://kurtajyasaklanamaz.com/. Civil SoCiety Monitoring report 2012 79 collected signatures indicates a crucial number in terms of the support that was shown to the campaign. However, taking into account that Turkey’s population is around 70 million, the number of signatures collected is not considered sufficient. In addition to this, it is indicated that the support that was given to the institutional signatures section by CSOs and unions other than women’s organizations was lower than expected, and that the causes of this issue must be analyzed separately. The collected signatures as part of the campaign were sent to Prime Minister Recep Tayyip Erdogan, President Abdullah Gul, the Minister of Health Recep Akdag, and the Minister of Family and Social Policies Fatma Sahin. Following the delivery of signatures, no feedback has been received from the official authorities. On the other hand, as a result of all of these campaigns, and the concurrent advocacy, various government representatives have stated by the end of June that they backed down from shortening the legal period of 10 weeks, and allowing abortion only in cases where the woman is under medical risk. 138 Abortion procedures until the 10 th week had been legalized with the 1983 law in Turkey. However the debate on the issue was restarted unexpectedly with the Prime Minister Recep Tayyip Erdogan bringing it to the agenda in May 2012. It is still unclear how the process will end where the social reaction was expressed through street protests, and petition campaigns. According to the news dated July 18, 2012, the featured clauses of the “Draft Law on Reproduction Health” being prepared by the Ministry of Health are as follows 139: • “The medical personnel will be given the right to resignation in the event of optional abortion, • Medication used for optional miscarriage will be regulated, • Abortion will be legal until the 10 th week. After the 10 th week, those that impose conscious miscarriage will be sentenced to 3 years of imprisonment • Regarding pregnancy due to rape, for people under the age of 15 “it will be based on the court’s decision” “due 138 Kürtaj İçin Düzenleme Yapılmayacak. CNN Turk. Access Date: June 21, 2012 https://www.cnnturk.com/2012/ guncel/06/21/kurtaj.icin.duzenleme.yapilmayacak/665934.0/index.html 139 Kürtaj Yasasının Ayrıntıları Belli Oldu.. Internet News. Access Date: July 18, 2012 https://www.internethaber. com/kurtaj-yasasi-kurtj-tasarisi-recep-akdag-ensest-iliskiler-siniri-ertesi-gun-hapi-443748h.htm to the possible conflict between the minor’s interests and the request for a guardian’s permission.” As seen above, the content of the draft law that contains controversial clauses regarding the sexual and reproductive rights of women is still unknown. Women’s organizations anticipate the implementation of the mentioned restrictions 140, and the reawakening of the debates on this issue in the following year. 140 İşte Türkiye’nin Kürtaj Haritası. Haberturk. Access Date: July 6, 2012. https://www.haberturk.com/saglik/ haber/756723-iste-turkiyenin-kurtaj-haritasi Civil SoCiety Monitoring report 2012 80 Civil SoCiety Monitoring report 2012 Civil SoCiety Monitoring report 2012 Bankalar Cad. Minerva Han No: 2 Kat: 5 34420 Karaköy-İstanbul t: 0212 243 83 07 • F: 0212 243 83 05 info@tusev.org.tr www.tusev.org.tr Civil SoCiety Monitoring report 2012