Brookings-LSE Project on Internal Displacement

IDP Laws and Policies: Turkey

Turkey Laws and Policies

Law No. 5233 The Law on the Compensation of Damages that Occurred due to Terror and the Fight Against Terrorism (July 2004)

Purpose: To lay down the principles and procedures for the compensation of material damages suffered by persons due to terrorist acts or activities undertaken during the fight against terror (Art. 1).

Responsibilities: Damage Assessment Commissions are to be established in the provinces (Art. 4). Their mandate is to determine claims made in accordance with the Law (Art. 5) The Commissions’ expenses are to be met by the Ministry of Interior (Art. 6).

Content: The Law establishes the composition and duties of the Damage Assessment Commissions (Art. 4, 5), the process by which applications for damages are to be submitted (Art. 6), and the amount and form of damages to be provided (Art. 7 – 13).

Provisions of note include:

  • Compensation for destroyed property (Art. 7(a));
  • Remedy for injury, physical disability, death, medial treatment, funerals (Art. 7(b));
  • Compensation for the time during which the internally displaced were unable to access their homes and lands (Art. 7(c)).

Regulation No. 7955 on Compensation of Losses Resulting from Terrorist Acts and Measures Taken against Terrorism (October 2004)

Purpose: To detail the principles and procedures regarding the establishment of Damage Assessment Commissions; determinations on damages; calculation of sums to be set off; determining form and amount of in-cash payments, and degree of eligibility and of loss of work power; and method for in-kind performance (Art. 1).

Responsibilities: Damage Assessment Commissions are to be established in the provinces (Art. 5). Their mandate is to determine claims made in accordance with the Law (Art. 7). The Commissions’ expenses are to be met by the Ministry of Interior (Art. 12). The Council of Ministers is responsible for execution of the Regulation (Art. 31).

Content: The Regulation provides further detail regarding the implementation of Law 5233 and the execution of the duties of the Damage Assessment Commissions, including document templates to be used by the Commission relating to the application, decision and final settlement (Annexes).

Regulation No. 9329 Amending Regulation 7955 on Compensation of Losses Resulting from Terrorist Acts and Measures Taken against Terrorism (August 2005)

Purpose: To amend Regulation 7955 with regard the documents that can be requested by the Commission in determining the circumstances and extent of the loss/damage.

Responsibilities: The Regulation relates to the functions of the Commission with regard the process of determining claims for damages.

Content: The Regulation amends Article 17 of Regulation 7955, removing the detailed list of documents to be requested by the Commission in determining loss and replacing it with a general statement about the information and documents to be presented and which must explain how the relevant incident occurred.

Provisions of note include:

  • The Commission may request from judicial, administrative and military authorities any information and document which it deems necessary (Art. 17).

Integrated Strategy Document (August 2005)

Purpose: To develop an integrated strategy with a view to finding a sustainable solution to internal displacement in Turkey and, in this framework, implement efficiently the Return to Village and Rehabilitation Project (p. 2).

Responsibilities: The Ministry of Interior is responsible for the implementation, monitoring and evaluation of fundamental policies on the issues raised by the Return to Village Project, as well as consultation and coordination (principle 9).

Content: The Strategy establishes general objectives and implementation principles to be used to guide the implementation of the Return to Village and Rehabilitation Project.

Provisions of note include:

  • The integrated strategy is to take into consideration the Guiding Principles on Internal Displacement (p. 2);
  • Emphasis on voluntary return (objective 1, principle 1);
  • Assistance is available if the number of people or households resettling reaches a defined minimum (principle 3).

Van Provincial Action Plan for Responding to IDP Needs (2006)

Purpose: To provide an introduction to various methodologies (i.e. modes of integration) as well as strategic interventions and action (i.e. provision of social services) that reflect international standards and policies of the government of Turkey. The aim is to provide possible options and recommendations that can be adapted and deployed by the Governorate of Van contingent on dictating socio-economic circumstances and other institutional variables such as the availability of financial and human resources (pp. 1-2).

Responsibilities: The Van Governorate is responsible for the implementation of the Plan of Action and for the supervision and coordination of relevant district governorates and other concerned agencies, organizations and institutions. Roles are also identified for other governmental institutions and NGOs, as well as the international community, particularly with regard financial resource mobilization (p. 14).

Content: The Plan identifies key principles guiding the implementation of the Plan (pp. 2-5), activities to be undertaken in strategic sectors (pp. 5 – 11); recommendations concerning efficient provision of services at the provincial level (pp. 12 – 13), management (p. 14), monitoring and evaluation (p. 15) and a log-frame (pp. 16-21).

Provisions of note include:

  • Reference to the Guiding Principles on Internal Displacement and ‘counsel’ by the Representative of the Secretary-General on the human rights of internally displaced persons (p. 1);
  • Recognition of the right to freedom of movement; voluntarism and choice; participation of the internally displaced; gender-sensitivity (pp.2-3);
  • Land registration (p. 5);
  • Expansion of psychological support services (p. 7);
  • Micro-credit and similar programs (p. 9);
  • Employment and training (pp. 9, 12, 13);
  • Information dissemination (p. 9);
  • Consultation and dialogue (p. 10);
  • Education and health (pp. 12, 13).

Law No. 5442 Amending the Law on Compensation of Losses Resulting from Terrorist Acts and Measures Taken against Terrorism (December 2006)

Purpose: To address and remedy specific administrative and practical challenges faced in the implementation of the Law 5233.

Responsibilities: The amendments relate almost exclusively to the operations of the Damage Assessment Commissions. In addition, responsibility for meeting the expenses of the Commission are extended to include the special provincial administration (Art. 3, amending Art. 6(7))

Content: The amendments provide for the payment of Commissioners by honorarium and per diem as appropriate (Art. 1, 2, amending Art. 4, 6(4)) and special measures in the case that claims being considered relate to the Chairman or members of the Commission (Art. 2, amending Art. 6(4)).

Other provisions of note include:

  • Extension of application deadline for those who have been injured and hospitalized (Art. 2, amending Art. 6(1));
  • Increase in amount of in cash or in kind payment requiring Minister approval (Art. 4, amending Art. 13) ;
  • Extension of application filing deadline to two years (Art. 6, 7, amending provisional Art. 1, 2).

Law No. 5562 Amending the Law on Compensation of Losses Resulting from Terrorist Acts and Measures Taken against Terrorism (December 2006)

Purpose: To extend the deadline for the Damage Assessment Commissions to process the claims they have received.

Responsibilities: Damage Assessment Commissions.

Content: One year extension of the deadline for processing claims. Further extensions can be given, if necessary, by the Council of Ministers (Art. 1, amending Art. 3).

Compensation Matrix and Methodology for Compensation Matrix (March 2007)

Purpose: To recommend to the Damage Assessment Commissions the standardized compensation award values for various types of assets that are the subject of damages claims.

Responsibilities: The value matrices are to be implemented by the Damage Assessment Commissions.

Content: The Compensation Matrix details value ranges to be used in calculation of damages regard agriculture and husbandry, including field crops, industrial plants, vegetables and fruit trees (Annex I) and real properties, including animal shelters and village buildings (Annex II).

Provisions of note include:

  •  In the absence of property records, data, evidence and presumptions to be assessed in accordance with witnesses of the habitants (p. 5).

Law No. 5566 Amending the Law on the Compensation of Damages That Occurred Due to Terror and the Fight Against Terror (May 2007)

Purpose: To extend the deadline for submission and processing of applications for compensation and

Responsibilities: Damage Assessment Commissions.

Content: Extension of the deadline for submission of applications for compensation to one year from the time Law 5233 entered into force and creation of a two year deadline (extendable) for processing of the new claims falling within this deadline period (Art. 1).