The study that brings together legislative assessments and field findings reveals the uncertainties arising from the distinction between donations and aid, the bureaucratic obstacles in the permit processes, and the discrepancies experienced with digital donation methods. In addition, it makes visible the limitations of the current system through experiences during times of disaster and crisis.
Key Reform Proposals of the Report
The report, which concluded that the existing legislation violates the principles of equality, proportionality, and legal certainty and undermines the financial sustainability of civil society, highlighted the following reform proposals.
- As foreseen in Article 2 of the Law on Collecting Aid, donations collected by CSOs according to their own statutes should be assessed outside the scope of the Law on Collecting Aid. In this way, the conceptual artificiality between donations and aid for regular income calls related to the general purpose and activities of CSOs should be eliminated.
- Clear Definition of the Digital Donation Regime: Social media, SMS, crowdfunding, marathon and individual link campaigns should be clearly defined in legislation; gray areas must be eliminated.
- Consistency in Implementation and Standard Timeframes: Uniformity should be ensured among administrative authorities; notification and extension periods must be clearly stipulated in the law.
- Transparency in Notifications: Notifications made should be disclosed to the public with annual statistics.
- Flexible Protocols During Disasters: In extraordinary circumstances, a temporary, facilitator regime based on rapid notifications, collective registration, and coordination should be envisaged.
- Data Minimization in Compliance with Data Protection Legislation: The personal data that can be requested in notification and audits should be strictly limited; the principle of proportionality should be applied for beneficiary lists.
- Threshold and Collective Notification for Foreign Donations: An exception should be made for low-value donations, and a collective and periodic notification model should be applied for those above a certain threshold.
- Participatory Reform Process: When preparing legislative changes, participation of CSOs should be required; the regulation process should be conducted transparently and on a consultative basis.
This report was prepared in Turkish. To read the report, please visit the Turkish page.
