The Annulment of the Istanbul Convention and Gender-Based Violence in the Middle East

Warning: themes of sexual assault and violence that may be disturbing to some audiences

President Erdogan's overnight decree published in the Official Gazette on March 20th annulled Turkey's ratification of the Istanbul Convention. With its full name ‘‘The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence,’’ the Istanbul Convention provides a comprehensive legal framework to protect women across the world from domestic violence. The international community and Turkey’s opposition regarded this move as a huge setback. The conservative electoral base of Erdogan’s ruling party regards the convention as a threat to traditional family values due to its alleged promotion of homosexuality (a belief stemming from non-discriminatory principles outlined in the treaty). Soon after Erdogan announced Turkey’s withdrawal from the convention, Turkish women took the streets to demand the reversal of this decision and the re-implementation of the Istanbul Convention.   

The presidential decree, however, cannot authorize the annulment of the convention. Article 90 of the Constitution of the Republic of Turkey states that “The ratification of treaties concluded with foreign states and international organizations on behalf of the Republic of Turkey shall be subject to adoption by the Turkish Grand National Assembly by a law approving the ratification.” Article 87 also clearly states that the Grand National Assembly is responsible for the enactment, amendment, and repeal of laws -- including the ratification of international agreements. The articles, therefore, affirm that the presidential decree cannot annul the convention. Thus, the withdrawal from the Istanbul Convention not only disregards women’s rights in Turkey, but also highlights Erdogan’s one-man regime and blatant disregard for the law.

Legal aspects aside, Turkey should not withdraw from the convention; in fact, Erdogan should make more efforts to promote and realize its framework. Unfortunately, statistics indicate that violence against women and so-called “honour” killings are very prevalent and deeply rooted in Turkish society. 42% of Turkish women aged between 15–60 experience physical or sexual violence by their husbands or partners. In 2019, Turkey reported 474 femicides, mostly at the hands of partners and relatives; with femicide rates breaking records and only increasing, Turkey needs the Istanbul Conventionmore than ever before. In the same year, public outrage over violence against women was fuelled when a 23-year-old woman name Sule Cet was raped and killed by her employer. Although the medical examination revealed that Cet was raped and tortured, the coroner and the defence lawyer described the case as "consensual sex," as she had "decided to drink alcohol with a man in an isolated place." Disturbingly, there are numerous cases like that of Sule Cet; what is more disturbing, however, is that judicial authorities fail to adequately respond to femicides with unbiased investigations and just sentencing. 

While the Turkish government does little to protect women from violence, the government is more than willing to use femicides as a means to justify their efforts to bring back the death penalty. Devlet Bahceli, leader of the Nationalist Movement Party (MHP), a minor partner of the ruling People's Alliance, proposed to bring back the death penalty on September 2nd, 2020, contending that "to overlook the murders of our innocent children reflected in the media every day and the deaths of women disguised as suicide, will never be compatible with our faith and culture acquis. In this regard, the inclusion of the death penalty in our legislation again will dissuade sickening and barbaric crimes." Since the failed coup attempt on July 15, 2016, the discussion on the death penalty was reignited, specifically with demands to execute the coup’s plotters. Erdogan responded to the proposal by eagerly stating his approval if Parliament were to pass a death penalty law. However, the proposed death penalty for violence against women is highly contradictory with the government’s neglecting and biased attitude towards femicides, and Erdogan’s recent decree on annulling the Istanbul Convention. 

 The Turkish Grand National Assembly ratified the Istanbul Convention unanimously on the 24th of November in 2011. According to the constitution, the assembly is the only institution that can make the decision to annul the convention. Apart from the illegitimacy of the decree, Turkey should not be withdrawing from the treaty and in fact, should make efforts to strengthen its fundamentals given the alarmingly increasing rate of femicides in the country, with 77 femicides taking place in the first 78 days of this year alone. Thousands of people gathered across Turkey on March 20th to protest the decree and to call on Erdogan to reverse his decision. Although it is uncertain whether Turkey remains a signatory of the convention, as the Grand Assembly is the only legitimate power that can withdraw Turkey from the treaty, Erdogan’s attempt to annul the convention is still a devastating setback for Turkey.