Turkey’s Withdrawal From the Istanbul Convention-facts and reactions
By Eliza Wojcik, 7 minutes.
Violence against women and domestic violence are still, sadly, pressing issues in many European countries. It can affect the people closest to us without even realising it. Luckily, there are some both national and international measures dealing with this problem. One of them is the Istanbul Convention against domestic violence and violence against women. The direct effects of the Convention are difficult to measure but it does hold the Member States who ratified it to one common legal standard. There is no doubt that it is needed in the contemporary world, as the numbers of victims of domestic violence and women suffering from any form of violence are still worrying. The infographic below can give you some idea of how widespread this problem is.
Source: DW
The data collected by the European Commission in 2016 is sad and shocking. One of the actions pursued in Europe to combat violence against women and domestic violence is the Istanbul Convention, the details of which will be discussed later. For now, let’s focus on the fact that it was opened for signature in 2011, Turkey signed it in the same year, ratified it a year later and entered into force in 2014. Now, in 2021, Turkey announced its withdrawal. The ‘reasoning’ that was provided for this was that there are sufficient national measures to protect women’s rights and prevent domestic violence and there is no need for an international one. The termination is to enter into force on 1 July 2021. Not surprisingly, such development raised many issues and protests not only in Turkey itself but also in the EU and beyond.
This article introduces the Istanbul Convention, discuss Turkey’s withdrawal from it and present reactions and responses of EU institutions, EU officers and members of the Council of Europe.
The Istanbul Convention
Source: World Future Council
The Istanbul Convention, officially The Council of Europe Convention on preventing and combating violence against women and domestic violence, is a Treaty on human rights by the Council of Europe. It aims to combat, as can be deduced from its name, violence against women and domestic violence. It is a legally binding instrument focusing on domestic violence prevention, victim protection and prosecution of accused offenders. Violence against women is categorised as a violation of human rights and a form of discrimination, per Art. 3(a) of the Convention. The Convention distinguishes between several forms of violence such as forced marriage, sexual violence and forced abortion. Furthermore, it requires the signing States to criminalise such offences.
Turkey’s withdrawal from the convention
Turkey’s withdrawal from the Convention was announced by its President Recep Tayyip Erdoğan through a decree annulling Turkey’s ratification of the Convention. What is interesting is that there was no reason provided for it whatsoever, except that an international treaty is not needed when national instruments are already protecting these rights. Floods of protests resulted from this unprecedented decision. Some slogans during the protests read: ‘Istanbul Convention saves lives’ or ‘We do not accept one man’s decision’. The protesters, lawyers, opposition politicians and various other critics denounced this decree, pointing out that the Convention is still very much needed in Turkey, as around 300 women were killed only in 2020, most of them by their partners, while more than 170 women were found dead ‘under suspicious circumstances’.
Why withdrawal, then?
The underlying reason for such a move seems to be clear: remain in power. As Erdoğan recently became more politically vulnerable both within his AK Conservative Party and in the view of the opposition Felicity Party, he experienced some pressure from the Convention’s opponents coming from both these parties. They claimed that the Convention only encourages divorce while undermining traditional, family values and has lost its original aim. In their view, the Convention has been ‘hijacked by a group of people attempting to normalise homosexuality’, per Fahrettin Altun’s words, Erdoğan’s spokesperson and President of the Directorate of Communications. Such a strong statement is only the tip of the iceberg, considering the AKP party’s anti-LGBTQIA+ sentiments expressed in the past.
What now?
In response to numerous critics and protests, AKP members announced that the rights protected under the Istanbul Convention are covered by national instruments and there is no need for an international one. Namely, the problem of violence against women and domestic violence will be dealt with through other instruments which are to be announced – judicial reform and Ankara Convention which would claim power emerging from tradition and customs.
Council of Europe reaction to Turkey’s withdrawal
Source: Council of Europe
The Council of Europe Commissioner for Human Rights, Dunja Mijatović, expressed her strong opinion about Erdoğan’s decision claiming it sends the wrong message to all women in Turkey and beyond. She underlined the unacceptability of such a step in times where violence against women is on the rise in Turkey. The Convention sent a message, a sign that domestic violence will not be treated as a private, family issue, as it is a clear violation of human rights concerning society as a whole. With the withdrawal, this powerful sign has been taken down. Dunja Mijatović called on Turkish authorities to reconsider their decision and expressed readiness to defend women’s rights and her support for women in Turkey and beyond.
But Dunja Mijatović is not the only one in the Council of Europe making such statements about the withdrawal. The joint statement, which expresses regret for Turkey’s decision, was released together by German Federal Minister for Foreign Affairs Heiko Maas, the Chair of the Committee of Ministers and President of Parliamentary Assembly Rik Daems and the Secretary-General of the Council of Europe Marija Pejčinović Burić. The statement is an expression of regret for Turkey’s actions. It also constitutes a reminder of the importance of the Convention in upholding women's fundamental right to a life free from violence. It finally calls upon Turkey to keep the international system protecting women in place.
The EU’s reaction to Turkey’s withdrawal
Before talking about the EU reaction itself, it is useful to take a look at common views among Europeans on the situation and their expectations regarding EU actions in that matter. Dr Hürcan Aslı Aksoy, Deputy Head for Centre for Applied Turkey Studies, part of Stiftung Wissenschaft und Politik – German Institute for International and Security Affairs, urges EU not to be fooled by Turkey’s ‘intensified diplomatic charm’ in relation with the EU. She calls upon Brussels to most importantly condemn the decision and to review the agenda of EU-Turkey relations.
Why is this needed?
Firstly, because this would send a message to society underlining the importance of the Istanbul Convention in light of human rights protection. Secondly, it is really in the EU interest as such ‘brave’ action can have a spillover effect over other European states. And seeing recent developments in countries like Poland, proposing to replace the Istanbul Convention with another national ‘family based’ law would be a close threat to human rights protection in Europe.
How did the EU react?
After the analysis of the general atmosphere in the society and attitudes towards this decision, it comes with no surprise that various EU institutions and officers expressed their deep concern for women and disapproval for this radical step. Ursula von der Leyen, the Commission’s President, said that women deserve a strong legal framework to protect them. Von der Leyen even had a private phone call with Erdoğan on that matter. Turkish decision has been described as ‘devastating’, in regards to the efforts of combating domestic violence.
Josep Borell, EU High Representative, made the following statement about Turkey’s decision:
This decision risks compromising the protection and fundamental rights of women and girls in Turkey. It also sends a dangerous message across the world.
In his further speeches, he condemned the decision by calling on to the increasing number of domestic violence caused by the COVID-19 pandemic, which proves that concrete action is needed now. Finally, he called upon Turkey to reverse its decision.
Various Members of the European Parliament also expressed their disapproval. For example, Spanish MEP Nacho Sánchez Amor explained that in this situation the Turkish government is ‘showing its real face, completely disregarding rule of law and human rights’. He expressed his hope that von der Leyen and Charles Michel (the President of the European Council), will become fully aware of what really stands behind Turkey’s action ‘before another ridicule’.
Conclusion
President Erdoğan does not seem to regret his decision and stands firm on the withdrawal. European actors mentioned in this article also stand firm on their position that the Istanbul Convention saves lives and Erdoğan’s decision should be reversed immediately. So what now? It seems like we have to wait for further developments, as all of this is still very fresh news. What is beyond doubt is that now the EU will be more careful in relations with Turkey and that Erdoğan, through the withdrawal, may have consolidated his power within Turkey, but not outside of it, since this decision significantly influenced the foreign relations of Turkey. This issue is now on the tongues of millions and will continue to be until the problem of domestic violence and violence against women is solved once and for all.