Monitoring of the EU Guidelines Year 2 for the Support to Civil Societyy in the Enlargement Countries TURKEY Working Group REGIONAL CONFERENCE Skopje | April 2016

Initial guiding question Area 1 Can all individuals and legal entities express themselves, assemble peacefully and establish, join and participate in non-formal and/or registered organisations? Freedom of association: Is registration easy, timely and inexpensive? Is there a policy/legal framework to facilitate volunteering in CSOs?

Area 1- Enabling legal and policy environment for the rights of freedom of expression, assembly and association positive developments 64th Government’s Action Plan– A comprehensive Civil Society Law : e.g. Expected change/ Freedom of Associations: Reform plans for legislations (a framework law on civil society which will change low on associations and civil code) which simplifies the establishment procedures for associations (total number of people will be decreased to 3 from the current number of 7) Freedom of Assembly and Freedom of Expression: Turkey’s Constitutional Court had a ruling that served to expand expression and protect right to peaceful protests Volunteerism in TR: There is total number of volunteers in TR. There is a national volunteerism committee established under the auspices of UN. They advocate to improving volunteerism to the Ministry of Labor. Ministry of Youth and Sports have some initiatives. AFAD (Emergency Response Presidency) is developing a guide /policy on volunteerism.

Area 1- Enabling legal and policy environment for the rights of freedom of expression, assembly and association negative and/or shortcomings Several worrying developments in the region hit social, political environment of Turkey and national security -public order concerns took top priority in the political agenda period did not witness ground-breaking legislative changes in the legal framework, which directly concerns CSO operations. The Internal Security Law hinders freedom of assembly and expression. As of the end of 2015, of the 619 decisions by the ECHR has issued violations of freedom of expression, 258 have been delivered against Turkey. Freedom of expression: Internet Law is restrictive. Telecommunications Presidency to remove or block access to content within four hours without a court order. Turkey has made more requests to Twitter to delete content or suspend accounts than any other country in the world as of 30th June, 2015, data published by the Twitter showed. According to Freedom House ratings, internet freedom continues to be “partly free” in Turkey. (Focus is on progress as compared to 2015, measured in terms of decisions taken, legislation adopted, measures implemented and structures currently in place (“Facts not intentions”))

Initial guiding question Area 2 Are strategic documents for the cooperation with civil society in place (national strategy, roadmap etc.)? Is the strategic document implemented effectively? Is there a structure or mechanism in place for dialogue and cooperation between CSOs and public institutions (at the level of government, ministries, parliament as well as local level)? How is dialogue and cooperation between CSOs and public institutions working in practice? Does a framework on public consultation exist (binding or non- binding)?Are laws/ bylaws, strategies and policy reforms effectively consulted with CSOs? Area 2 Are strategic documents for the cooperation with civil society in place (national strategy, roadmap etc.)? Is the strategic document implemented effectively? Is there a structure or mechanism in place for dialogue and cooperation between CSOs and public institutions (at the level of government, ministries, parliament as well as local level)? How is dialogue and cooperation between CSOs and public institutions working in practice? Does a framework on public consultation exist (binding or non- binding)?Are laws/ bylaws, strategies and policy reforms effectively consulted with CSOs?

Area 2- Dialogue and cooperation between CSOs and public institutions positive developments Civil Society Participation in Strategy Planning: According to the Regulation on Procedures and Principles of Strategic Planning in Public Administration (2006), Clause 5, a public institution is responsible to ensure the participation of CSOs and to receive the contributions. Adoption of participatory approaches in the preparation of strategic planning documents of public authorities is required by law. Civil Society Law under 64th Government’s 2016 Action Plan. ‘Civil Society Units’ established under some of the Ministries. Each municipality in Turkey is obliged to establish a City/Urban Council, which allows CSO participation. According to the Law on Municipalities, City Councils should also include representatives from CSOs. Therefore, at local level, maintaining CSO participation in these Councils is held. Improvement of “city councils” at municipality level are one of the targets of priority development programme. Local Equality Bodies are established under the auspices of several municipalities (20 municipalities throuhout TR)

Area 2- Dialogue and cooperation between CSOs and public institutions Negative and / or shortcomings In , the state of CSO-Government relations has not been improved in terms of adopting new strategies and policies. In an overreaching national strategic document creating mechanisms for CSO-Government cooperation is still missing. In Turkey, public sector-CSO relations are not continuous and are left to the discretion of the public institutions’ decision makers. CSOs’ involvement in decision-making processes in Turkey is not obligatory and may be realized only through invitation with limited possibility to comment the draft legislation.

Initial guiding question Area 3 Is public funding or any other form of support available for CSOs? Are there clear and legally binding mechanisms in place for the distribution of public funds? Does legislation provide tax incentives for individual or corporate giving to the non-profit sector? Area 3 Is public funding or any other form of support available for CSOs? Are there clear and legally binding mechanisms in place for the distribution of public funds? Does legislation provide tax incentives for individual or corporate giving to the non-profit sector?

Area 3- Enabling financial environment which supports the sustainability of CSOs positive developments A coordination effort was initiated by the Ministry of EU Affairs for coordinating public administration bodies that provide public funding for CSOs. They provided cumulative numbers of funds delivered by them for the previous periods. (A regulation numbered 5018 regulates public bodies’ public funding mechanisms.) Main discussion at stake is to establish a coordination mechanism/standardised approach for public funding to CSOs. Individual Ministries issue regulations/directives in order to regulate their programs and to provide open an clear mechanisms. Good practices: Application manuals, anonymous reviewers, public announcement of final list of supported organizations. There is a gradual increase in the amount of total funds.

Area 3- Enabling financial environment which supports the sustainability of CSOs negative and/or shortcomings There is not an encompassing/holistic/overarching policy framework for public funding. A functioning and effective coordination mechanism is needed. Participatory planning in the programming is not mandatory, only discretionary. There should be a different strategy developed for municipalities / local governments. Social impact analysis needs to be improved.

Area 3- Enabling financial environment which supports the sustainability of CSOs positive developments Legislation planned and declared for 2016/2017 on Collection of Aid. In the draft law, the scope of “donations" is broadened in order to facilitate fundraising of CSOs. The definition of aid will be narrowed down. Most of the activities that are subject to prior permission will now be included in the definition of “donation".

Area 3- Enabling financial environment which supports the sustainability of CSOs negative and/or shortcomings No significant developments occurred in regarding the tax legislation and environment. Ministry of Finance does not have an agenda to provide possible tax exemptions. Associations and foundations must establish a separate commercial enterprise to carry out economic activities. In terms of taxation, all economic entities of CSOs are treated as for profit businesses. Legal entities and legal persons receive a 5% tax deduction from their annual income only when they donate to tax-exempt foundations and associations with public benefit status. No tax deduction for donations made by individuals is available who are on payroll. Turkey is on the 128th rank among 135 countries in World Giving Index. No consultation is made for drafting of the Law on Collection of Aid that is on the pipeline.

TR -WG contribution to EU Progress Report Throughout 2015, Turkey had encountered several destabilizing pressures. Issues pertaining to realpolitik (e.g. Instability spillover from Syria, series of terrorist attacks, flow of refugees) have dominated the political agenda. There was neither societal discussion nor concrete steps taken towards reforms in to sustain enabling environment for civil society development. Against this background, in December 2015, the new government published the action plan for the planned reform steps to be taken until December A comprehensive Civil Society Law regulating legal status, institutional structures, activities, financial resources of CSOs, and civil society-public sector relations is expected to be developed. It is essential that this new legislation ensures effective implementation of freedom of association, enables holistic approach to public funding for CSOs and introduces measures to strengthen financial sustainability of CSOs. The new legislation also should address the need of systematic inclusion of CSOs in policy development. It is expected that the government will include diverse and wide consultations with civil society in Turkey, that has proven to be vibrant and strong and remained active in many spaces of public sphere including refugee response.