Türkiye - Universal Periodic Review

UPR 35, January 28, 2020
Recommendations by Canada

Overview

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Türkiye received 455 recommendations, of which 336 were accepted (an acceptance rate of 74%). Canada’s previous recommendations related to freedom of expression, internet freedom, freedom of religion, and rights relating to sexual orientation.

Türkiye is a constitutional republic, with high election turnout demonstrating continued public commitment to democracy. Türkiye is also the largest host of refugees (4 million), principally Syrian, and plays an important role on global refugee and migration issues.

Türkiye has ratified a number of international human rights instruments, including the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women. Yet it faces implementation challenges in several areas.

Turkish law guarantees universally recognized human rights, though its challenging security situation in recent years has hampered implementation, particularly following a coup attempt in 2016 against its democratically-elected government. The ensuing State of Emergency weakened protections for human rights, including by eroding judicial independence and increasing constraints on freedom of expression and assembly, including by disallowing gatherings on security grounds. According to the Committee for the Protection of Journalists, Türkiye imprisoned 47 journalists in 2019. While the State of Emergency was lifted in 2018, many of its provisions were codified under a new anti-terror law. In October 2019, Türkiye adopted the first package of a judicial reform strategy in a step to address rule of law concerns. Turkish authorities have cited the importance of balancing security and human rights priorities.

Violence reported against women is on the rise in Türkiye, with growing concerns about a lack of effective investigation and prosecution in such cases. There is also a wavering commitment to gender equality in Turkish legislation, policies and service provision, based in part on a political discourse aimed at confining women to prescribed gender roles. Moreover, while Turkish law does not criminalize consensual same-sex activity, certain legal references to public morality serve as a basis for discrimination, police abuse, and a persistent anti-LGBTI stigma, as well as a defacto ban on LGBTI and other peaceful gatherings. Muslim and non-Muslim religious minorities also continue to be subject to discrimination and harassment, in part stemming from nationalist rhetoric.

There are also rising concerns about increasing social and political marginalization of predominantly-Kurdish communities in the southeast, coupled with continued violence between security forces and the outlawed Kurdistan Worker’s Party (PKK). Moreover, following the 2019 municipal elections, a number of democratically elected mayors in this area have been dismissed and replaced with trustees based on alleged PKK links.

Canada’s Intervention

Thank you, Madame President.

Canada notes the first package of Türkiye’s judicial reform strategy as a step towards strengthening the rule of law, and welcomes Türkiye’s leadership in hosting nearly 4 million refugees.

Canada recommends that Türkiye:

1. Reform the judicial appointment process to ensure the separation of powers and guarantee judicial independence and impartiality.
2. Ensure that anti-terrorism and defamation legislation do not interfere with freedom of opinion and expression to enable the work of journalists, artists, academics and human rights defenders.
3. Uphold the Law on Assemblies and Demonstrations to limit arbitrary restrictions on freedom of assembly, including on peaceful gatherings by the LGBTI community, women’s rights organizations, and opposition parties.
4. Take further steps to expand national and local resources to respond to all forms of gender-based violence.