Committee on the Elimination of Racial Discrimination

Concluding observations on the combined fourth to sixth periodic reports of Turkey *

1.The Committee considered the combined fourth to sixth periodic reports of Turkey (CERD/C/TUR/4-6), submitted in one document, at its 2408th and 2409th meetings (see CERD/C/SR.2408 and 2409), held on 3 and 4 December 2015. At its 2418th meeting, held on 10 December 2015, it adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the submission of the combined fourth to sixth periodic reports of the State party, which included responses to the concerns raised by the Committee in its previous concluding observations and which facilitates the continuation of further engagement with the State party on the implementation of the Convention. The Committee welcomes the open and frank discussion with the State party’s delegation as well as responses to questions asked by Committee members.

B.Positive aspects

3.The Committee welcomes the adoption of the following legislative and policy measures:

(a)The Law on Foreigners and International Protection, in 2013;

(b)The Law on the Turkish National Human Rights Institution, in 2012;

(c)The Law on the Ombudsman Institution, in 2012;

(d)The amendment to the Criminal Procedure Code, to allow defendants to use languages other than Turkish in judicial proceedings;

(e)The institution of the individual petition right to the Constitutional Court, in 2012;

(f)The establishment of a research institute for Roma language and culture;

(g)The enactment of the “democratization package”, in 2013;

(h)The establishment of various language and literature institutes for languages other than Turkish.

4.The Committee welcomes the ratification by the State party of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 2011.

C.Concerns and recommendations

Reservations and declarations

5.The Committee notes the State party’s position on maintaining its reservation to article 22 and the two declarations on the implementation and the territorial applicability of the Convention that may affect the full implementation of the Convention (art. 2).

6. The Committee again invites the State party to consider withdrawing its reservation and declarations in order to ensure the full implementation of the Convention in all territories over which the State party may have jurisdiction.

Absence of a definition of racial discrimination in conformity with the Convention

7.The Committee is concerned that the definition of racial discrimination contained in the legislation of the State party, in particular in article 10 of the Constitution and relevant provisions of the Penal Code, does not contain “national or ethnic origin and descent” as prohibited grounds for discrimination as set forth in article 1 of the Convention (art. 1).

8. The Committee recommends that the State party incorporate prohibited grounds for discrimination in the definition of racial discrimination contained in its anti-discrimination legislation, in full compliance with article 1 of the Convention.

Laws on anti-discrimination and equality and on the establishment of the law enforcement monitoring commission

9.The Committee notes that the State party has not yet adopted the draft of the anti-discrimination and equality legislation to give full effect to the provisions of the Convention. It welcomes the draft law on the establishment of the law enforcement monitoring commission and amendment of certain laws that was submitted to Parliament in 2012 (art. 2).

10. The Committee recommends that the State party speed up the adoption of the draft anti-discrimination and equality law and ensure its full compliance with the provisions of the Convention. The Committee also recommends that the State party ensure that the equality and advisory bodies contemplated by that draft law are established and provided with adequate resources and independence to fulfil their mandate. It further recommends that the State party adopt the draft law on the establ