|
Official Gazette 23
November 2003
Regulations
From the Prime Ministry:
Regulation on
the Establishment, Duties and Working Principles of Provincial
and Sub-provincial Human Rights Boards
PART I
Purpose, Scope, Legal Basis and Definitions
Purpose
Article 1- The purpose of this Regulation is to set out the
establishment, duties and working principles of “Provincial
Human Rights Boards” in the provinces, and the “Sub-provincial
Human Rights Boards” in the districts, in order to promote
awareness on human rights in the society and among public
officials, to protect human rights, to examine and investigate
allegations of violations, to examine and investigate the
obstacles to the enjoyment of human rights and liberties, as
well as the social, political and administrative reasons leading
to violations of rights and to recommend solutions to this end.
Scope
Article 2- This Regulation comprises the works and actions
relating to the establishment, duties and working principles of
provincial and sub-provincial Human Rights Boards.
Legal Basis
Article 3- This Regulation has been prepared based on additional
article 6 of the Law No: 3056 on the Adoption of the Amended
Decree on the Establishment of the Prime Ministry.
Definitions
Article 4- For the purposes of this Act;
a) The Ministry shall denote the State Ministry or the Office of
the Deputy Prime Minister responsible for human rights appointed
by the Prime Minister.
b) The Minister shall denote the State Minister or the Deputy
Prime Minister, responsible for human rights, appointed by the
Prime Minister.
c) The Presidency shall denote the Human Rights Presidency of
the Prime Ministry.
d) The “Provincial Board” shall denote the Provincial Human
Rights Board.
e) The “Provincial Desk” shall denote the Provincial Human
Rights Information and Application Desk.
f) The “Sub-provincial Board” shall denote the Sub-provincial
Human Rights Board.
g) The “Sub-provincial Desk” shall denote the Sub-provincial
Human Rights Information and Application Desk.
h) Non-Governmental Organisation shall denote voluntary
organisations, which have the status of a legal entity, such as
associations and foundations, and which include human rights
issues in their statutes and work programmes.
PART II
The Establishment of Provincial and Sub-provincial Human Rights
Boards
Provincial Boards
Article 5- In order to fulfil the duties set out in this
Regulation, under the chairmanship of the governor or a deputy
governor to be delegated by the governor, the Provincial Board
shall comprise;
a) The mayor or deputy mayor of the greater municipality in
provinces which have the status of a greater municipality, the
provincial mayor or deputy mayor in other provinces,
b) A representative to be selected by the Provincial General
Assembly from among its members,
c) The provincial head or a selected representative of the
political parties represented in the Turkish Grand National
Assembly,
d) University rectors or a lecturer to be appointed by them for
this purpose,
e) A lawyer or a law school graduate public official working in
the public institutions or bodies to be identified by the
Governorship,
f) The representative of the Bar Association,
g) A representative from Turkish Medical Association,
h) A representative from the Chamber of Industry or Trade to be
identified by the Governorship,
i) A representative from the other professional associations or
trade unions to be determined by the Governorship,
j) A representative to be identified by the Governorship from
among the applications lodged by institutions such as local TV
channels, newspapers and radio stations,
k) The chairman of the Mukhtars’ (headman in a village or
neighbourhood of a city) Association, in its absence, a
representative to be identified by the Governorship from among
the applications lodged by the mukhtars of quarters (neighbourghoods),
l) A representative to be identified by the Governorship from
among the applications lodged by the school-parent unions,
m) At least three representatives to be identified by the
Governorship from among the applications lodged by the NGOs.
The President of the Board may invite individuals or
representatives of related public or private institutions to a
meeting, if s/he deems it necessary.
Sub-provincial Boards
Article 6- In order to fulfil the duties set out in this
Regulation, under the chairmanship of the sub-provincial
governor, the Sub-provincial Board shall comprise;
a) The mayor or deputy mayor of the sub-province,
b) A representative to be selected by the Provincial General
Assembly from among its members elected from the sub-province,
c) The sub-provincial head or a selected representative of the
political parties represented in the Turkish Grand National
Assembly,
d) A lecturer to be appointed for this purpose by a faculty or a
higher education institution,
e) A lawyer or a law school graduate public official working in
public institutions or bodies,
f) A representative to be determined by the sub-provincial
governorship from among the applications lodged by lawyers
working in the sub-province,
g) A representative to be determined by the sub-provincial
governorship from among the applications lodged by doctors
working in the sub-province,
h) A representative from the professional associations or trade
unions to be determined by the Sub-provincial Governorship,
i) A representative to be identified by the Sub-provincial
Governorship from among the applications lodged by institutions
such as local TV channels, newspapers and radio stations,
j) The chairman of the Mukhtars’ Association, in its absence, a
representative to be identified by the Sub-provincial
Governorship from among the applications lodged by the mukhtars
of the quarters,
k) A representative to be identified by the Sub-provincial
Governorship from among the applications lodged by the school-parent
unions,
l) At least two representatives to be identified by the
Sub-provincial Governorship from among the applications lodged
by the NGOs.
The President of the Board may invite individuals or
representatives of related public or private institutions to a
meeting, if s/he deems it necessary.
Information and application desks
Article 7- An easily accessible information and application
desk shall be set up at the secretariat of the governorships and
the sub-provincial governorships. A full-time employee shall be
appointed by the governor in the provinces and the sub-provincial
governor in the districts to deal with applications made to the
desk. The fact that the employee working in the desk should have
a legal background or should be specialised on public relations
shall be taken into consideration.
Committees
Article 8- Under the body of the Provincial and
Sub-provincial Boards, committees shall be formed in the
following areas with at least three members;
a) Public relations and communication activities,
b) Human rights training and increasing awareness on human
rights,
c) Investigating, examining and evaluating human rights
violations.
Committees may be established in other areas, if deemed
necessary.
PART III
Duties of the Provincial and Sub-provincial Human Rights
Boards
General Duties
Article 9- The Provincial and Sub-provincial Boards shall
have the following duties;
a) To evaluate, in the provinces, the issues brought to the
attention of the Provincial Boards by the Ministry, Presidency,
Governorship, Provincial Desk, members of the Provincial Board
and Sub-provincial Boards; To evaluate, in the sub-provinces,
the issues brought to the attention of the Sub-provincial Boards
by the Ministry, Presidency, Governorship, Provincial Board,
Sub-provincial Governorship, Sub-provincial Desk and the members
of the Sub-provincial Board,
b) To examine and investigate allegations of human rights
violations,
c) To examine and investigate the obstacles to the protection of
human rights, the enjoyment of human rights and liberties, as
well as the social, political and administrative reasons leading
to violations of rights and to recommend solutions to the
Governorship and Sub-provincial Governorship,
d) To conduct the necessary work in order to prevent all kinds
of discrimination,
e) To conduct the necessary work in order to ensure that the
administration treats the citizens in a tolerant and polite
manner in its practices,
f) To give, on a monthly basis, a summary report of the work
done to the Provincial Board in the sub-provinces and to the
Presidency in the provinces.
Public Relations and Communication
Article 10- The Provincial and Sub-provincial Boards shall
have the following duties;
a) To set up Provincial and Sub-provincial Desks,
b) In order to facilitate the applications to human rights
boards of persons who have denunciations, requests, demands or
complaints concerning human rights, to install “Human Rights
Application Boxes” in all public bodies and institutions and in
the important locations of the city, and to ensure that these
boxes are opened, as soon as possible, by personnel to be
appointed by the governorship and the Sub-provincial
Governorship and that its contents are submitted to the desks
along with a written report,
c) To take measures in order to allow denunciations to be
reported via telephone and e-mail and, to this end, publicly
announcing through written and visual media the telephone
numbers and e-mail addresses providing access to information and
application desks,
d) To inform the public about the work of the Boards, to this
end, cooperating with the written and visual media organisations
and making use of the internet,
e) To promote cooperation with NGOs in the works and duties of
the Boards,
f) To encourage and support the NGOs to conduct works on human
rights issues.
Information campaigns, awareness building and training
Article 11- The Provincial and Sub-provincial Boards shall
have the following duties;
a) To organise activities so as to increase the awareness of the
members of the board, implementers and citizens by conducting
all kinds of works on human rights issues enshrined in the
European Convention on Human Rights and the Constitution of the
Republic of Turkey,
b) To distribute to the members of the board, public bodies and
institutions and the citizens the text of the UN’s Universal
Declaration of Human Rights and the international conventions on
human rights to which we are a party,
c) To obtain books, brochures and legal texts on human rights
and to distribute them to the members of the board, public
bodies and institutions and the citizens,
d) To prepare or obtain signboards, posters and notice boards on
human rights and to put them up in visible places,
e) To enhance dialogue with the mukthars of villages and
districts with the aim of promoting awareness on human rights,
f) To organise activities on human rights such as panel
discussions, conferences, concerts, plays, slight and film shows,
g) To organise human rights programmes in the local radio and TV
channels with the participation of experts and thus to ensure
that explanatory information is provided,
h) To stimulate the formation of human rights student’s clubs in
primary and secondary education schools and the organisation of
activities aiming to promote awareness on human rights,
i) To conduct work on information campaigns and awareness
building in order to promote awareness on environment,
j) To provide to the libraries and thus submit to the disposal
of people sources such as books, periodicals and brochures on
human rights.
Researches and Monitoring
Article 12- The Provincial and Sub-provincial Boards shall have
the following duties;
a) To ensure that researches are conducted, commissioned and
reports are prepared on issues relating to human rights, in
cooperation with universities, public bodies and institutions,
NGOs and other organisations,
b) To stimulate researches and finding of solutions relating to
the rights of women, children, the ill and disabled,
c) To stimulate researches and finding of solutions on
environmental and traffic problems leading to human rights
violations,
d) To ensure that researches are conducted on children who, for
various reasons, cannot enrol in school education despite having
reached the age of basic education,
e) To ensure that work is carried out in order to seek solutions
to the problems of street children and to prevent child labour
and child begging,
f) To conduct visits to the related institutions and bodies in
order to observe, on site, the human rights practices,
g) To identify and reward exemplary institutions, agencies and
public officials, in order to promote human rights practices,
h) To examine the inspection forms at the police stations and
detention houses and to make recommendations for the elimination
of discrepancies, if any,
i) To make recommendations for improvement of conditions in
detention houses and on their compliance with the relevant
legislation,
j) To conduct researches and examinations to ensure that the
rights of suspects are exercised in an effective manner.
Examining and deciding on allegations of violations
Article 13- The Provincial and Sub-provincial Boards are
entrusted with the task of examining and investigating
applications concerning allegations of human rights violations,
assessing the results of the examination and investigation, and
referring the obtained results to the Offices of the Public
Prosecutors or relevant administrative authorities depending on
the subject and following up its results.
PART IV
The Working Principles and Procedures of Provincial and
Sub-provincial Human Rights Boards
Principles governing Board Meetings
Article 14- The Boards shall function on the basis of the
following principles and procedures;
a) The Boards shall convene once a month. However, when deemed
necessary, it may convene more than once upon the call of the
chairman.
b) The Board meetings shall be chaired by the governor or a
deputy governor to be delegated by the governor in the provinces,
and by the sub-provincial governor in the districts.
c) The Board shall convene with absolute majority of the total
number of members and take decisions by an absolute majority of
those present.
d) Where members have objections against a decision, their
reasons for voting against the decision shall be noted in
summary under the decision,
e) The Chairman and members of the Board cannot participate in
meetings where issues relating to themselves, their parents,
offspring or spouses are being deliberated,
f) Where members fail to attend the meeting, the reason shall be
indicated in the minutes of the meeting. The institutions and
bodies of members, who are careless about their attendance in
the meetings, shall be warned and those failing to participate
in three successive board meetings shall be excluded from
membership.
g) The agenda shall be prepared by the Chairman of the Board by
taking into consideration the proposals of the members and shall
be distributed to the Board members before the meeting.
h) No fees shall be paid to the members on account of the
meetings.
Secretariat Services
Article 15- The secretariat services of the Board shall be
carried out by the secretariats in the provinces and sub-provinces.
Compulsory expenses shall be met by the governorships and sub-governorships.
The Working Principles and Procedures of the Committees
Article 16- The committees shall hold their meetings at
intervals they will determine according to their working
conditions. During the performance of their work, the committee
members may consult the other board members for information or
opinion. The committees shall present to the chairman of the
board the reports of their researches, examinations and
assessment so as to be brought to the agenda of the board.
Receiving of Applications
Article 17- The Desks shall follow the below principles and
procedures when receiving applications;
a) As it is essential to facilitate, as much as possible, the
application process, it shall be possible to lodge applications
by petitions, telephone, e-mail or via the Human Rights
Applications Boxes installed in different locations of the city.
b) The e-mails and Human Rights Applications Boxes shall be
opened as soon as possible.
c) Information and documents relating to the application shall
be taken from the applicant.
d) Where applications are made by a petition, a receipt stating
the date and number of the application shall be given to the
applicant.
e) All applications received by the desk shall be filed and
registered in a notebook in order to be followed-up; each
application shall be forwarded to the chairman of the board, as
soon as a registration number is given to it.
Assessing and Finalising Applications
Article 18- Applications shall be assessed and finalised on the
basis of the following principles and procedures;
a) The applications made to Provincial and Sub-provincial Boards
shall be brought to the agenda of board by Provincial and
Sub-provincial Desks.
b) All applications received by Provincial and Sub-provincial
Desks shall be discussed by the board and a decision shall be
taken on the type of procedures to be conducted.
c) Depending on their subjects, the applications shall be
evaluated taking into account the time limits for punishment of
crimes, as foreseen in the laws.
d) The applicant shall be informed, in writing, of the decisions
made and actions taken by the board within 30 days at the latest
and interim information may also be provided, when necessary.
e) If deemed necessary, upon the request of the applicant or on
its own initiative, the board may listen to the applicant or
his/her representative.
f) If there are missing elements rendering it impossible to
reach a decision on the application, an interim decision shall
be taken to remedy the deficiencies.
g) The issues conveyed by the Ministry or Presidency shall be
debated and finalised, in priority, at the relevant board and
the Ministry or Presidency shall be informed of their results.
h) In the reply to be given to the applicant, s/he shall be
informed about the applicable legal remedies.
i) The decisions of the board shall be taken up and finalised,
in priority, by the relevant public bodies and institutions
without delay.
Reporting
Article 19- The boards shall prepare monthly reports about their
activities. The reports prepared shall be sent to the Presidency
through the Governorship within the first 10 days of the month
following the reporting period.
In addition, through the Governorships, the boards shall send to
the Presidency a report about the activities carried out, within
the framework of the Programme for the World Human Rights Day
and Week, within one month.
PART V
Miscellaneous
Abrogated provisions
Article 20- “The Regulation on the Duties, Establishment and
Working Principles of Human Rights Boards” published in the
Official Gazette of 2/11/2000 with No: 24218 has been abrogated.
Implementation
Article 21- This Regulation enters into force on the date of its
publication.
Enforcement
Article 22- - The provisions of this Regulation is implemented
by the Minister responsible for human rights.
From the Prime Ministry:
Regulation Amending Certain Articles of the Regulation on the
Principles and Procedures relating to the Establishment, Duties
and
Functioning of Human Rights Advisory Board
Article 1- Amended article 4 of the Regulation on the Principles
and Procedures relating to the Establishment, Duties and
Functioning of Human Rights Advisory Board” published in the
Official Gazette of 15/8/2001 with No: 24494 has been amended as
follows:
Article 4- The Board comprises the below stated persons and
representatives of institutions:
a) A representative in the status of at least a deputy general
director or head of an individual department from the Prime
Ministry, Ministry of Justice, Ministry of Interior, Ministry of
Foreign Affairs, Ministry of Finance, Ministry of National
Education, Ministry of Health, Ministry of Labour and Social
Security, Ministry of Culture and Tourism, Ministry of
Environment and Forestry and Gendarmerie General Command,
Department of Religious Affairs, Secretariat General for the
European Union, Security general Directorate, General
Directorate of Institution for Social Services and Child
Protection, General Directorate for Women’s Status and Problems
and Department for Handicapped Affairs,
b) A representative from the Human Rights Centre of Public
Administration
Institute for Turkey and the Middle East,
c) A representative from Forensic Medicine Institute,
d) A representative from the civil servant and workers
confederations, whose members are more than a hundred thousand,
e) A representative from TESK (Turkish Tradesmen and Craftsmen
Confederation), Turkish Confederation of Handicapped Persons and
TISK (Turkish Confederation of Employer Associations),
f) A representative from the Turkish Union of Bar Associations,
g) A representative from the bar associations of seven provinces,
which have a human rights unit and are, determined by the
Supreme Board,
h) A representative from TOBB (Turkish Union of Chambers and
Commodity Exchanges) and TZOB (Turkish Union of Chambers of
Agriculture)
i) A representative from Turkish Medical Association,
j) A representative from the Turkish Chambers of Engineers and
Architects,
k) A representative from the Turkish Union of Journalists and
Press Council,
l) Two representatives from the Advisory Board for Citizens
Residing Abroad,
m) A representative from the NGOs, which are operating in the
area of human rights and are, determined by the Supreme Board,
n) Ten university lecturers who have works in the area of human
rights,
o) Two of the Turkish experts who have previously worked in
international courts,
p) Five researchers or writers who have works in the area of
human rights,
The representatives stated in sub-paragraphs (a-m) shall be
designated by their respective institutions, whereas the
representatives stated in sub-paragraphs (n, o and p) shall be
designated by the Supreme Board.
Article 2- The expressions of “State Minister” in the same
regulation have been changed as “Minister”.
Entry into Force
Article 3- This Regulation enters into force on the date of its
publication
Enforcement
Article 4- The provisions of this Regulation is implemented by
the Minister to whom the Board is affiliated.
İLİMİZ İNSAN HAKLARI
KURULU BAŞKANLIĞI
Başkan ve Üyelerin listesi
İnsan Hakları İl kurulu Faaliyet Raporu
İNSAN HAKLARI İLE
İLGİLİ MEVZUATLAR
f) İnsan Hakları Eğitimi On Yılı Ulusal Komitesi Yönetmeliği
İLİMİZ İNSAN HAKLARI KURULU BAŞKANLIĞI
İLETİŞİM
Zübeyde Hanım Caddesi Hükümet Konağı 3.kat
ELAZIĞ
Tel: 0 424 233 31 05
Fax: 0 424 236 44 66
e-mail:insanhaklari@elazig.gov.tr
BAŞVURU FORMU
HR COMPLAİNTS FORM |
