New NGO bill under scrutiny over 'freedom of association' concerns

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Rights groups have expressed concern about a new bill authorizing the government to dismiss NGO executives following its approval in the parliament's Committee for Justice Saturday (December 19).

Although the proposal is named the "Bill on Preventing the Spread of Weapons of Mass Destruction," only six of its 43 articles are about this issue whereas it changes 11 articles about associations' activities, bringing NGOs under tighter control.

Also, the ministry will be able to carry out annual inspections on associations after "risk assessments," which could enable the government to repress the groups that it considers "objectionable," according to the Civil Society Development Center (STGM).

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According to Article 13 of the bill, any public official, including the police and the gendarmerie, will be allowed to conduct these inspections.

Considering the governments' policies towards the LGBTI+s, their groups will be periodically inspected if the bill is passed, the Kaos GL association said in a statement on December 17.

According to the current law, only association inspectors or the Ministry of Interior can carry out inspections upon a complaint or a specific decision by the authorities.

The bill violates several articles of the Constitution, including the freedom of association, and may potentially affect more than 120,000 associations, warned the STGM.

International conventions

Turkey is a party to the ECHR and the UN Convention on Civil and Political Rights, both of which guarantee the freedom of association, it noted.

Article 3 of the bill indefinitely bars people that were convicted of specific offenses from joining executive organs of associations.

The STGM noted that Article 53 of the Turkish Penal Code is based on the principle that the deprivations of rights that were infinite in the past should be temporary.

The bill also foresees monetary penalties for unpermitted donation collection and fundraising campaigns. Accordingly, those who collect donations on the internet would be fined 10,000 to 200,000 Turkish lira (1 USD= 7,68 TRY) and courts would block access to web addresses where donations are made.

The articles regarding charity collections are not related to the proposal, said the STGM.

Article 15 of the bill allows the ministry to dismiss the heads of associations, foundations, national and international civil society organizations.

If it is passed into law by the General Assembly of the Parliament, the Ministry of Interior and governor's offices will have the authority to dismiss the executives of the non-governmental organizations facing terror investigations, temporarily halt the activities of the organizations and appoint trustees to them, if they find it necessary. (VK)