International Standards and Freedom of Association
In the introduction of the report, while discussing national legislation and practices, it was emphasized that freedom of association is not limited to the right to establish associations or foundations, and that free access to financial resources is a prerequisite for the realization of this right.
It was noted that international standards foresee that access by civil society to legitimate sources such as donations and grants should generally be unrestricted, and that the role of states is limited to providing a proportional framework that ensures transparency and accountability rather than imposing restrictions.
Legal Uncertainties Created by the Distinction Between Aid and Donation
The study revealed that while Article 2 of the Law on Collection of Aid No. 2860, dated 1983, excludes donations and aid to associations and foundations from its scope, this provision is often ignored in practice.
It was stated that the distinction drawn in practice between the concepts of donation and aid negatively affects the sustainability of civil society. The report highlighted that this distinction creates a grey area and that this uncertainty significantly restricts associations’ and foundations’ communication, visibility, and resource development activities.
The Incompatibility Between Digital Transformation and Bureaucracy
Focus group discussions conducted within the scope of the report show that permit processes are lengthy, bureaucratic, and unpredictable. Unjustified rejections or applications being left unanswered stand out as common issues, while current methods such as crowdfunding, digital platforms, and individual campaigns are highlighted as being incompatible with the structure of the current Law.
Crisis Periods and Humanitarian Aid Activities
The report states that periods such as the earthquakes on February 6, 2023, and the pandemic process have revealed the problems caused by aid collection legislation most clearly. It was noted that, in situations where quick action is needed during disasters, permit processes hinder the flexibility of civil society and force CSOs to take risks in the face of uncertainties.
Main Reform Proposals of the Report
The report concluded that the current legislation contradicts the principles of equality, proportionality, and legal certainty, and undermines the financial sustainability of civil society. The following reform proposals were highlighted:
- As foreseen in Article 2 of the Law on Collection of Aid, the support collected by CSOs according to their own statutes should be considered outside the scope of the Law on Collection of Aid. In this way, the conceptual artificiality between donation and aid in regular income calls for the general purposes and activities of CSOs should be eliminated.
- A clear definition of the digital donation regime should be made; social media, SMS, crowdfunding, marathon, and individual link campaigns should be explicitly defined in legislation, and grey areas should be eliminated.
- Uniformity in practice should be ensured among administrative authorities; notification and extension periods should be clearly specified in law.
- The principle of transparency should be applied in notifications, and notifications should be announced to the public with annual statistics.
- In states of emergency, rapid notification, collective registration, and a coordination-based temporary facilitating regime should be established.
- The personal data that may be requested in notifications and audits should be strictly limited; the principle of proportionality should be applied for beneficiary lists.
- There should be a threshold for foreign donations; an exception should be provided for small amounts, and for amounts above a certain threshold, a collective and periodic notification model should be implemented.
- The participation of CSOs should be mandatory when drafting legislative changes; the regulatory process should be transparent and consultative.
