Civil society groups, including MLSA, call for rejection of ‘foreign agent’ law proposal

A coalition of 34 civil society organizations, including the Media and Law Studies Association (MLSA), has issued a public call for the rejection of a legislative proposal known as the "foreign agent" law. The groups argue that the proposed law criminalizes legitimate civil society activities and restricts freedom of expression through vague and overly broad definitions, posing a threat to fundamental rights.

In their joint statement, the organizations warn that if the law is enacted, it will jeopardize the right to freedom of expression, including the right to seek and receive information, for civil society organizations, journalists, human rights defenders, and the public at large.

The proposal, submitted to the Turkish Parliament’s Justice Commission on October 18, 2024, and approved by the commission on October 23, seeks to amend the Turkish Penal Code by adding a new offense under Article 339/A. This would introduce penalties for individuals acting "against the security and political interests of the state" in alignment with a foreign state's "strategic interests."

"Criminalizing legitimate civil society activities"

The statement highlights that the proposal could classify legitimate civil society activities, such as documenting human rights violations, as crimes, carrying severe penalties, including long-term imprisonment. These penalties would be further aggravated if the activities are deemed to have been committed during wartime or in the context of national security concerns. For example, individuals involved in such activities in strategic sectors would face increased sentences.

"Vague and open to abuse"

The signatory organizations express deep concern over the law's vague terminology, such as "strategic interest," "instruction," and "state’s internal or external political interests," which they argue are open to broad and arbitrary interpretation. The lack of clear definitions could lead to the misuse of the law to target opposition figures and civil society groups working on human rights issues.

If enacted, the law would pose a serious risk to freedom of expression for all, including civil society organizations and the press, undermining efforts to gather and disseminate information.

Call for rejection

The coalition calls on members of parliament to reject the proposed law, emphasizing that it violates international legal standards, including the principle of legality, which is enshrined in international conventions to which Turkey is a party, such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). The groups also warn that the law could create a chilling effect on civil society, deterring organizations from conducting important human rights work.

They urge Turkish lawmakers to protect the rights of civil society actors, journalists, and the public to freely express themselves and to access and share information without fear of criminal prosecution.

Full list of signatories:

1. Ali İsmail Korkmaz Foundation
2. Ankara Rainbow Families Association (GALADER)
3. Another School is Possible Association
4. Civil Society in the Penal System (CİSST)
5. Progressive Journalists Association
6. DİSK Press Union
7. Equal Rights Monitoring Association
8. Migration Monitoring Association
9. Haber-Sen
10. Rights Initiative
11. Truth Justice Memory Center
12. Human Rights Association
13. Human Rights Association Istanbul Branch
14. Human Rights Agenda Association
15. Women's Culture, Art, and Literature Association
16. Women’s Human Rights Association
17. Kaos GL Association
18. Red Umbrella Sexual Health and Human Rights Association
19. Lambdaistanbul LGBTİ+ Solidarity Association
20. Media and Law Studies Association
21. Justice in Space Association
22. Free Colors Association
23. Lawyers for Freedom Association
24. P24 Independent Journalism Association
25. Rosa Women’s Association
26. Social Policy, Gender Identity, and Sexual Orientation Studies Association (SPoD)
27. Support for Change and Development Association (SenDeGel)
28. Turkish Journalists Union
29. Support for Human Rights Litigation Project
30. Human Rights Foundation of Turkey
31. Amnesty International Turkey
32. University Queer Research and LGBTİ+ Solidarity Association
33. Life Memory Freedom Association
34. Green Thought Association