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Türkiye
2017
LEOM
Referendum
The constitutional and legislative framework should be reviewed and amended to ensure broad guarantees of fundamental rights and freedoms, only permitting restrictions that have the character of an exception and that are proportionate to a legitimate aim and necessary. State of emergency legislation should ensure that rights and freedoms are only limited to the extent strictly necessary for the exigencies of the emergency.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
The process of drafting and adopting constitutional amendments should fully respect the parliamentary procedures and be based on an inclusive and transparent process. Proposed amendments should be fully in line with Turkey’s international commitments on democracy, human rights and the rule of law.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Background and Political Context
Türkiye
2017
LEOM
Referendum
In the context of referenda, consideration should be given to ensuring free and equal participation of all stakeholders, including civil society, in all aspects of the process.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Party Registration and Participation in Referendum
Türkiye
2017
LEOM
Referendum
To ensure a framework that provides for the conduct of genuinely democratic referenda, the authorities should consider amending the constitution and relevant legislation. Amendments to the law should provide guarantees for the full participation of all stakeholders and equal opportunities and conditions for proponents and opponents in all aspects of the referendum process. Further, to enhance clarity of the framework, the SBE could fully exercise its regulatory authority in a manner consistent with the law.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
To enhance the integrity and public confidence in the process, authorities should implement safeguards to ensure a clear separation between the State and parties, and prevent public officials, including the president, from using the advantage of their office for campaigning purposes. Civil society and professional associations should be permitted to conduct civic education activities on referendum proposals.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign
Türkiye
2017
LEOM
Referendum
Authorities should refrain from applying anti-terrorism legislation to prosecute journalists based solely on the content of their reporting. When prosecuted, charges should be fully substantiated and pre-trial detention should remain the exception and limited in time.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Türkiye
2017
LEOM
Referendum
Referendum day procedures, particularly on counting should not be subject to changes on referendum day. All potential violations with regard to the implementation of referendum day procedures should be thoroughly investigated.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Day
Türkiye
2017
LEOM
Referendum
To further facilitate the expression of a voter’s will, proposed constitutional changes that are not directly linked could be presented as distinct questions, which can be separately answered.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
The authorities should refrain from using emergency decrees to amend the legal framework for referenda and elections, and the Constitutional Court should exercise its jurisdiction to consider if decrees go beyond the exigencies of the emergency. The safeguard of not enforcing legislative changes within one year of adoption should be adhered to, in line with international good practice.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
Consideration could be given to introducing a system that provides for balanced representation of the proponents and opponents of proposed amendments in the referendum administration and allowing non-political party stakeholders to submit nominations.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Administration
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