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Human Rights and Equality Institution of Türkiye During the Disaster Time
Human Rights and Equality Institution of Türkiye  During the Disaster Time
10.03.2023
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As a result of the massive earthquake disaster in Kahramanmaraş on February 6, 2023, it was announced to the public that there were 46,104 deaths in total in 11 provinces and that the number of collapsed, urgently demolished and heavily damaged buildings reached 230 thousand, and the number of independent sections reached 645 thousand. Moreover, 13.5 million people living in the region were affected by these earthquakes. Access to fundamental human rights such as housing and shelter, clean water and food in the earthquake zone has become difficult or impossible. The devastating results of the earthquake also deeply affected different segments of society, such as women, children, the disabled and the elderly.

The primary duties of the Human Rights and Equality Institution of Türkiye (HREIT), which was established by Law No. 6701, are to protect and develop human rights based on human dignity, to ensure the right of individuals to be treated equally, to prevent discrimination in the enjoyment of legally recognized rights and freedoms, and to fight torture and ill-treatment effectively. Therefore, being aware of its responsibilities, our Institution took action quickly, following the earthquake disaster that occurred within the scope of its duties and authorities.

MONITORING THE EARTHQUAKE ZONES

“Monitoring the Earthquake Zones and Humanitarian Aid Visits" were conducted in this context. From the first day of the earthquake, our delegations visited Hatay, Osmaniye, Mersin, Malatya, Gaziantep city centre and Nurdağı district, Adıyaman city centre and Gölbaşı district, Kahramanmaraş city centre, Pazarcık and Elbistan districts and affiliated villages and got information from the authorities and groundkeeper regarding the current situation after the earthquake. As well, the officials of the Disaster and Emergency Management Presidency, Ankara City Hospital, General Directorate of Prisons and Detention Houses, Turkish Bars Association and the Turkish Religious Foundation Etimesgut Goodness Bazaar were consulted to discuss what can be done about nutrition, sheltering and psycho-social services for the people affected by the earthquake. In Afyon, the dormitories where the earthquake victims were accommodated also visited and obtained information from the governorship and related institutions and organizations. It is planned to continue Monitoring the Earthquake Zones and Humanitarian Aid Visits.

APPLICATIONS

Our Institution can receive applications within the scope of its mandate and authorities, as well as examine systematic human rights and non-discrimination violations ex officio. According to Law No. 6701, before applying to the Institution, it is required to apply to the relevant party to remedy the practise they allege as contrary to the law. In applications made through a legal representative or attorney, a valid authorization document regarding the representation or power of attorney must be submitted. And also, applicants must submit a valid authorization document regarding the representation or ability of an attorney. However, in cases where there is a possibility of irreparable or difficult-to-remedy damages, as in the earthquake disaster we experienced, the applications are examined without any authorization document after obtaining their consent by contacting the applicant directly, without seeking the condition of applying to the other party for the correction of the application. In the applications made by disabled individuals affected by the earthquake, a disability report is not requested in cases where it is not considered necessary. In addition, people who want to apply to the Institution, get information or express their requests can reach the Institution via the Institutional Hotline at "0312 422 78 00" or their e-mail addresses (baskanlik@tihek.gov.tr,  oninceleme@tihek.gov.tr). Earthquake victims' requests for assistance on various issues are recorded on a 24/7 basis. Within the scope of these calls, we shared legal procedures to apply to individuals for applications related to the scope of the duty of the Institution. Additionally, an application information brochure has been published on the social media accounts of our Institution for our citizens living in the disaster area.

PRESS RELEASES AND REPORTING ACTIVITIES

Our Institution has determined that various human rights violations have started to occur while searching for a new home and seeking a job for people who have lost their homes and employment after the earthquake disaster. After these determinations, it aimed to increase the public's awareness level by making press releases about preventing exorbitant price increases, protecting the right to housing and shelter, and protecting the right to labour of earthquake victims in recruitment processes.

Our Chairman Prof. Dr. Muharrem Kılıç participated in the Economy 24/7 program broadcast live on TRT Haber and stated that we would apply administrative sanctions for violations of the prohibition of discrimination against earthquake victims. Furthermore, Anadolu Agency, TRT Haber and Sabah Newspaper were also interviewed by our Chairman on issues related to the process, especially the increased housing prices in the earthquake disaster. He emphasized that demanding high rent from earthquake victims, not giving them houses and providing employment violate human rights. In addition, our Institution initiated an ex officio investigation regarding the post-earthquake rent increases and prepared the “Report on the Evaluation of the Post-Earthquake Rent Increases in the Context of the Right to Accommodation”, which will be shared with the public soon.

INTERNATIONAL COOPERATION

Within international cooperation, our Institution contacted peer national human rights institutions (NHRIs), particularly the European Network of National Human Rights Institutions (ENNHRI). NHRIs, who have similar experiences in disaster periods, were requested by ENNHRI to share their experiences with our Institution. In this context, a booklet entitled “Human Rights-Based Monitoring on Post-Earthquake Situation and Disaster Management” has been prepared thanks to convey experiences and best practices of the Ecuadorian Ombudsman, Chile National Human Rights Institution, Mexican National Human Rights Commission, Bosnia and Herzegovina Ombudsman, Croatian Ombudsman, Nepal and New Zealand. In the booklet, as mentioned above, we included the human rights-based monitoring checklist for disadvantaged groups, contact numbers for disaster areas and information and related application procedures regarding our Institution's mandate particularly. Besides, contacts continue with the Council of Europe Programme Office in Ankara regarding the project planned to carry out practical collaboration and awareness activities with other stakeholders within human rights-based monitoring activities in earthquake regions.

MOBILE TEAMS

Our Institution has intensified its efforts to establish an office to produce more robust output in the earthquake zone. It has been decided to set up an office in Gaziantep with Presidential Decree No. 6903 published in the Official Gazette dated 7 March 2023 and numbered 32125. Considering the magnitude of the earthquake and the width of its impact area, being aware of the necessity of increasing the activities mentioned above, it is planned to establish mobile teams in the provinces affected by the earthquake under the Gaziantep office and to receive oral applications by the teams. Although the application language is determined as Turkish in Article 33 of the Regulation on the Procedures and Principles Regarding the Implementation of the HREIT Law, an application in another language where the applicant can express himself better may be accepted if the Institution determines that it is justified and reasonable. In this context, translators in different languages will be available in teams to the extent possible. In addition, it is planned to include a sign language interpreter in the groups so that hearing-impaired individuals can apply.

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