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Turkey
 
International | International treaties adherence
 

Turkey ratified the 1949 Geneva Conventions but has not signed nor ratified either of the 1977 Additional Protocols, nor the 1998 Rome Statute. It ratified most weapon conventions including the Ottawa Treaty.

Turkey ratified all human rights conventions and their optional protocols, and it recognises the competence of the Committee Against Torture to receive and consider communications to the effect that a state party is not fulfilling its obligations under the Convention.

Turkey has made important reservations to all the conventions it ratified (see below).

   
 
 Treaty List
 
International Humanitarian Law Adherence dateCommentary (including relevant reservations, derogations and declarations)
Geneva Conventions I, II, III, IV 1949
 10.02.1954 
Additional Protocol I 1977     - - -  
Additional Protocol II 1977     - - -  
Additional Protocol III 2005  

 Signature only on the 07.12.2006  

"Regarding the "Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)" and taking into consideration the references to the 1977 Additional Protocols I and II therof, the Republic of Turkey declares that it is not party to the Additional Protocols I and II"

Hague Conv. 1954 15.12.1965 
Hague Prot.. 1954 15.12.1965 
Hague Prot.. 1999    - - -  
ENMOD Conv. 1976 

 Signature only - 18.05 1977

Upon signature: Interpretative statement: "In the opinion of the Turkish Government the terms "widespread", "long lasting" and "severe effects" contained in the Convention need to be clearly defined. So long as this clarification is not made the Government of Turkey will be compelled to interprete itself the terms in question and consequently it reserves the right to do so as and when required. Furthermore, the Government of Turkey believes that the difference between "military or any other hostile purposes" and "peaceful purposes" should be more clearly defined so as to prevent subjective evaluations".

International Human rights Law Adherence dateCommentary (including relevant reservations, derogations and declarations)
ICERD 1965 16.09.2002

 Declarations and reservation:
"The Republic of Turkey declares that it will implement the provisions of this Convention only to the States Parties with which it has diplomatic relations.
The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.
The Republic of Turkey does not consider itself bound by Article 22 of this Convention. The explicit consent of the Republic of Turkey is necessary in each individual case before any dispute to which the Republic of Turkey is party concerning the interpretation or application of this Convention may be referred to the International Court of Justice."

ICCPR 1966 23.09.2003

Declarations and reservation:
"The Republic of Turkey declares that; it will implement its obligations under the Covenant in accordance to the obligations under the Charter of the United Nations (especially Article 1 and 2 thereof). The Republic of Turkey declares that it will implement the provisions of this Covenant only to the States with which it has diplomatic relations.
The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.
The Republic of Turkey reserves the right to interpret and apply the provisions of Article 27 of the International Covenant on Civil and Political Rights in accordance with the related provisions and rules of the Constitution of the Republic of Turkey and the Treaty of Lausanne of 24 July 1923 and its Appendixes".

ICCPR - OP1 1966 24.11.2006

 Statements
"The Republic of Turkey declares that the three declarations and the reservation made by the Republic to the International Covenant on Civil and Political Rights shall also apply to the present Optional Protocol. "
"The Republic of Turkey interprets article 1 of the Protocol as giving the Committee the competence to receive and consider communications from individuals subject to the jurisdiction of the Republic of Turkey who claim to be the victims of a violation by the Republic of any of the rights set forth in the Covenant."
Reservations :
"The Republic of Turkey formulates a reservation concerning article 5 paragraph 2 (a) of the Protocol to the effect that the competence of the Committee:
a) shall not apply to communications from individuals if the same matter has already been considered or is being considered under another procedure of international investigation or settlement.
b) shall be limited to communications concerning alleged violations which result either from acts, omissions, developments or events that may occur within the national boundaries of the territory of the Republic of Turkey after the date on which the protocol enters into force for the Republic of Turkey, or from a decision relating to acts, omissions, developments or events that may occur within the national boundaries of the territory of the Republic of Turkey after the date on which the Protocol enters into force for the Republic of Turkey.
c) shall not apply to communications by means of which a violation of article 26 of the International Covenant on Civil and Political Rights is reprimanded, if and insofar as the reprimanded violation refers to rights other than those guaranteed under the aforementioned Covenant."
Statements :
"The Republic of Turkey declares that the three declarations and the reservation made by the Republic to the International Covenant on Civil and Political Rights shall also apply to the present Optional Protocol."
"The Republic of Turkey interprets article 1 of the Protocol as giving the Committee the competence to receive and consider communications from individuals subject to the jurisdiction of the Republic of Turkey who claim to be the victims of a violation by the Republic of any of the rights set forth in the Covenant."

ICCPR - OP2 1989 06.03.2006 
ICESCR 1966 23.09.2003

Declarations and reservation:
"The Republic of Turkey declares that; it will implement its obligations under the Covenant in accordance to the obligations under the Charter of the United Nations (especially Article 1 and 2 thereof).
The Republic of Turkey declares that it will implement the provisions of this Covenant only to the States with which it has diplomatic relations.
The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Repubic of Turkey are applied.
The Republic of Turkey reserves the right to interpret and apply the provisions of the paragraph (3) and (4) of the Article 13 of the Covenant on Economic, Social and Cultural Rights in accordance to the provisions under the Article 3, 14 and 42 of the Constitution of the Republic of Turkey".

CEDAW 1979 20.12.1985

 Reservations:
"Reservations of the Government of the Republic of Turkey with regard to the articles of the Convention dealing with family relations which are not completely compatible with the provisions of the Turkish Civil Code, in particular, article 15, paragraphs 2 and 4, and article 16, paragraphs 1 (c), (d), (f) and (g), as well as with respect to article 29, paragraph 1. In pursuance of article 29, paragraph 2 of the Convention, the Government of the Republic of Turkey declares that it does not consider itself bound by paragraph 1 of this article."
Declaration:
"Article 9, paragraph 1 of the Convention is not in conflict with the provisions of article 5, paragraph 1, and article 15 and 17 of the Turkish Law on Nationality, relating to the acquisition of citizenship, since the intent of those provisions regulating acquisition of citizenship through marriage is to prevent statelessness."
20 September 1999
On 20 September 1999, the Government of Turkey notified the Secretary-General of a partial withdrawal as follows:

"[...] the Government of the Republic of Turkey has decided to withdraw its reservations made upon [accession to] the Convention on the Elimination of All Forms of Discrimination Against Women with regard to article 15, paragraphs 2 and 4, and article 16, paragraphs 1 (c), (d), (f) and (g).
[...] the reservation and declaration made upon [accession] by the Government of Turkey with respect to article 29, paragraph 1, and article 9, paragraph 1 of the Convention, respectively, continue to apply.".

OP-CEDAW 1999 29.10.2002 
CAT 1984 02.08.1998

 Reservation:
"The Government of Turkey declares in accordance with article 30, paragraph 2, of the Convention, that it does not consider itself bound by the provisions of paragraph 1 of this article."
Declarations recognizing the Competence of the Committee against Torture under articles 21 and 22 (Unless otherwise indicated, the declarations were made upon ratification, accession or succession.)
"The Government of Turkey declares, pursuant to article 21, paragraph 1, of the Convention that it recognizes the competence of the Committee Against Torture to receive and consider communications to the effect that a State Party is not fulfilling its obligations under the Convention.
The Government of Turkey declares, pursuant to article 22, paragraph 1, of the Convention that it recognizes the competence of the Committee Against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."

OP-CAT 2002  Signature only on the 14.09.2005
CRC 1990 04.04.1995

Reservation made upon signature and confirmed upon ratification:
"The Republic of Turkey reserves the right to interpret and apply the provisions of articles 17, 29 and 30 of the United Nations Convention on the Rights of the Child according to the letter and the spirit of the Constitution of the Republic of Turkey and those of the Treaty of Lausanne of 24 July 1923".

CRC Optional Protocol Armed Conflict 2000 04.05.2004

 Declarations:
"1. The Republic of Turkey declares, in accordance with Article 3 (2) of the Optional Protocol, that military service is compulsory in Turkey, however Turkish citizens are not subjected to compulsory military service before reaching the legal age of maturity. In accordance with the Turkish Military Code, military service begins on 1st January of the twentieth age; in cases of mobilisation and state of emergency, individuals who are liable to military service may be recruited at the age of 19.
There is no voluntary recruitment in Turkey.
However, Article 11 of the Military Code envisages a voluntary recruitment for navy and gendarmerie classes and non-commissioned officers at a minimum age of 18. Nevertheless, this article, which is in compliance with the age regulation of the Optional Protocol, is not
applied in practice.
Students of military schools, who are exempted from the Optional Protocol according to Article 3 (5) of this protocol, are not subjected to compulsory military service. Under the Turkish legal system, such students are not considered as "soldiers" and are not held liable for "military service".
2. Admittance to the military high schools and preparatory non-commissioned officer schools is on a voluntary basis, depending on success in the entrance examinations and with the consent of parents or legal guardians. Students who have completed their primary school education and enrolled into such schools at a minimum age of 15 can quit them at any time if they so wish."
Reservations:
"The Republic of Turkey declares that it will implement the provisions of the existing Optional Protocol only to the States Parties which it recognizes and with which it has diplomatic relations.
The Republic of Turkey declares with regard to Article 3 (5) of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict that the reservation it made to Article 29 of the Convention on the Rights of the Child, which is referred to in the said paragraph of the Optional Protocol, fully retains its validity."
On 29 July 2004, the Secretary-General received from the Government of Cyprus, the following communication with regard to the declarations made by Turkey upon ratification:
"The Government of the Republic of Cyprus has examined the declaration made by the Government of the Republic of Turkey to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, (New York, 25 May 2000), on 4 May 2004, in respect of the implementation of the provisions of the Optional Protocol only to the States Parties which it recognizes and with which it has diplomatic relations.
In the view of the Government of the Republic of Cyprus, this declaration amounts to a reservation. This reservation creates uncertainty as to the States Parties in respect of which Turkey is undertaking the obligations in the Protocol and raises doubt as to the commitment of Turkey to the object and purpose of the Convention on the Rights of the Child and of the said Protocol. The Government of the Republic of Cyprus therefore objects to the reservation made by the Government of the Republic of Turkey to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.
This reservation or the objection to it shall not preclude the entry into force of the Convention on the Rights of the Child or the future entry into force of the said Protocol between the Republic of Cyprus and the Republic of Turkey."

CRC Optional Protocol Sale of Children 2000 19.08.2002 Declaration:
"The Republic of Turkey declares that it will implement the provisions of the existing Optional Protocol only to the States Parties which it recognizes and with which it has diplomatic relations".
ICRMW 1990 27.09.2004


Declarations:
"A) The declaration regarding Article 15:
The restrictions by the related Turkish laws regarding acquisition of immovable property by the foreigners are preserved....
B) The reservation regarding Article 40:
The Turkish Law on Trade Unions allows only the Turkish citizens to form trade unions in Turkey.

C) The declaration regarding Article 45:
The stipulations of the paragraphs 2, 3 and 4 of the Article 45 will be implemented in accordance with the provisions of the Turkish Constitution and the related Laws.
D) The declaration regarding Article 46:
The implementation of the Article 46 will be made in accordance with the national laws.
E) The declaration regarding Articles 76 and 77:
Turkey will recognize the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families at a later time."

Disability Rights Convention 2006
 28.09.09
 
Convention on Enforced Disappearances [not yet in force]     - - - 
Weapons Adherence dateCommentary (including relevant reservations, derogations and declarations)
Geneva Gas Protocol 192505.10.1929  
Biological Weapons Convention 1972 04.11.1974 
Chemical Weapons Convention 1993 12.05.1997 
Convention on Certain Conventional Weapons 1980 02.03.2005

 Reservation:
"Turkey is not bound by Additional Protocol I of 10 June 1977 to the Geneva Conventions of 12 August 1949:
Therefore, Turkey, with reference to the scope of application defined in article 1 of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects, states that it will apply the Convention to all armed conflicts referred to in articles 2 and 3 common to the Geneva Conventions of 12 August 1949.
Turkey also states that paragraph 4 of article 7 of this Convention shall not apply with respect to Turkey."

CCW Protocol I 1980 02.03.2005 
CCW Prot. II 1980     - - - 
CCW Prot. III 1980     - - - 
CCW Prot. IV 1995 02.03.2005 
CCW Protocol II (amended) 1996 02.03.2005 
CCW Amendment 2001 02.03.2005 
CCW Prot. V 2003     - - -  
Ottawa Treaty 1997 25.09.2003 
  
Refugees Adherence dateCommentary (including relevant reservations, derogations and declarations)
Refugee Conv. 1951 30.03.1962

 Declaration  under section B of article 1 of the Convention

 (a) "Events occurring in Europe before 1 January 1951"

Declarations other than those made under section B of article 1 and Reservations

Upon signature:
The Turkish Government considers moreover, that the term "events occurring before 1 January 1951" refers to the beginning of the events. Consequently, since the pressure exerted upon the Turkish minority in Bulgaria, which began before 1 January 1951, is still continuing, the provision of this Convention must also apply to the Bulgarian refugees of Turkish extraction compelled to leave that country as a result of this pressure and who, being unable to enter Turkey, might seek refuge on the territory of another contracting party after 1 January 1951.
The Turkish Government will, at the time of ratification, enter reservations which it could make under article 42 of the Convention.
Reservation and declaration made upon ratification:
No provision of this Convention may be interpreted as granting to refugees greater rights than those accorded to Turkish citizens in Turkey;
The Government of the Republic of Turkey is not a party to the Arrangements of 12 May 1926 and of 30 June 1928 mentioned in article 1, paragraph A, of this Convention.
Furthermore, the 150 persons affected by the Arrangement of 30 June 1928 having been amnestied under Act No.3527, the provisions laid down in this Arrangement are no longer valid in the case of Turkey. Consequently, the Government of the Republic of Turkey considers the Convention of 28 July 1951 independently of the aforementioned Arrangements
. . .
The Government of the Republic understands that the action of "re-availment" or "reacquisition" as referred to in article 1, paragraph C, of the Convention-that is to say: "If (1) He has voluntarily re-availed himself of the protection of the country of his nationality; or (2) Having lost his nationality, he has voluntarily reacquired it"-does not depend only on the request of the person concerned but also on the consent of the State in question.

Refugee Prot.1967  31.07.1968

The instrument of accession stipulates that the Government of Turkey maintains the provisions of the declaration made under section B of article 1 of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, according to which it applies the Convention only to persons who have become refugees as a result of events occurring in Europe, and also the reservation clause made upon ratification of the Convention to the effect that no provision of this Convention may be interpreted as granting to refugees greater rights than those accorded to Turkish citizens in Turkey.

International criminal law Adherence dateCommentary (including relevant reservations, derogations and declarations)
Slavery Convention 1926 14.01.1955 
Genocide Convention. 1948 31.07.1950 
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity 1968      - - - 
ICC Rome Statute 1998      - - - 
Terrorism Adherence dateCommentary (including relevant reservations, derogations and declarations)
Convention Against the Taking of Hostages 1979 15.08.1989

Reservation:
In acceding to the Convention the Government of the Republic of Turkey, under article 16 (2) of the Convention declares that it doesn't consider itself bound by the provisions of paragraph (1) of the said article.

Convention for the Suppression of the Financing of Terrorism 1999 28.06.2002


Declaration:
"1. The Republic of Turkey declares that the application of Paragraph 1(b) of Article (2) of the Convention does not necessarily indicate the existence of an armed conflict and the term "armed conflict", whether it is organized or not, describes a situation different from the commitment of acts that constitute the crime of terrorism within the scope of criminal law.
2. The Republic of Turkey declares its understanding that Paragraph 1(b) of Article (2) of the International Convention for the Suppression of the Financing of Terrorism, as stated in Article (21) of the said Convention, shall not prejudice the obligations of states under international law including the Charter of the United Nations, in particular the obligation of not providing financial support to terrorist and armed groups acting in the territory of other states.
3. Pursuant to Paragraph 2 of Article 24 of the International Convention for the Suppression of the Financing of Terrorism, the Republic of Turkey declares that it does not consider itself bound by the provisions of Paragraph 1 of Article (24) of the said Convention."
Notifications made under article 7 (3):
".....pursuant to Article 7, paragraph 3 of the International Convention for the Suppression of the Financing of Terrorism, Turkey has established its jurisdiction in accordance with its domestic law in respect of offences set forth in Article 2 in all cases referred to in Article 7, paragraph 2."

Convention for the Suppression of Terrorist Bombings 1997 30.05.2002

 Upon signature:
Declarations:
"The Republic of Turkey declares that articles 9 and 12 should not be interpreted in such a way that offenders of these crimes are neither tried nor prosecuted. Furthermore mutual legal assistance and extradition are two different concepts and the conditions for rejecting a request for extradition should not be valid for mutual legal assistance.
The Republic of Turkey declares its understanding that the term international humanitarian law referred to in article 19 of the Convention for the Suppression of Terrorist Bombings shall be interpreted as comprising the relevant international rules excluding the provisions of additional Protocols to Geneva Conventions of 12 August 1949, to which Turkey is not a Party. The first part of the second paragraph of the said article should not be interpreted as giving a different status to the armed forces and groups other than the armed forces of a state as currently understood and applied in international law and thereby as creating new obligations for Turkey.
Reservation:
Pursuant to paragraph 2 of article (20) of the [Convention] the Republic of Turkey declares that it does not consider itself bound by the provisions of paragraph 1 of article (20) of the said Convention."
Upon ratification:
"[W]ith the stated reservations...[:]
1) The Republic of Turkey declares that Articles (9) and (12) should not be interpreted in such a way that offenders of these crimes are neither tried nor prosecuted.
2) The Republic of Turkey declares its understanding that the term international humanitarian law referred to in Article (19) of the Convention for the Suppression of Terrorist Bombings shall be interpreted as comprising the relevant international rules excluding the provisions of Additional Protocols to Geneva Conventions of 12 August 1949, to which Turkey is not a Party. The first part of the second paragraph of the said article should not be interpreted as giving a different status to the armed forces and groups other than the armed forces of a state as currently understood and applied in international law and thereby as creating new obligations for Turkey.
3) Pursuant to Paragraph 2 of Article (20) of the International Convention for the Suppression of Terrorist Bombings, the Republic of Turkey declares that it does not consider itself bound by the provisions of Paragraph 1 of Article (20) of the said Convention."

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