Action points based on findings

• Increase coordination of victim assistance obligations with the input of the General Directorate of Services for the Disabled and Elderly in the Ministry of Family and Social Policies.
• Develop a plan and coordinate implementation of victim assistance in accordance with Mine Ban Treaty Maputo Action Plan commitments.
• Make adequate prosthetic and rehabilitation facilities a priority in the mine-affected regions.

Victim assistance commitments

The Republic of Turkey is responsible for landmine and explosive remnants of war (ERW) survivors. Turkey has made a commitment to victim assistance through the Mine Ban Treaty.

Turkey ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 28 September 2009.[1]

Victim Assistance

According to past Monitor reporting, more than 5,000 people were reported to have been injured by mines in Turkey since 1984.[2] In 2017, the Turkish Mine Action Center (TURMAC) indicated that existing records indicated that there had been some 4,000 landmine casualties in Turkey.[3]

Victim assistance since 2015

The first ever national mine action center (Milli Mayın Faaliyet Merkezi, MAFAM) was opened in 2015 based on legislation enacted in January of that year. The MAFAM had a mandate to undertake measures regarding data collection and victim assistance. In September 2016, the MAFAM was changed during widespread restructuring measures of the military.[4] At the Mine Ban Treaty Fifteenth Meeting of States Parties in 2016 Turkey stated that the Victim Assistance Department of the new TURMAC was working with civilian agencies that are involved in providing assistance to persons with disabilities “to compile comprehensive information on mine victims.”[5]

Assessing victim assistance needs

National NGO the Initiative for a Mine-Free Turkey (IMFT) collected information available on survivors and persons killed through media scanning and crosschecking with other organizations and local sources.

Turkey reported that efforts were being made to create a “ shared database specifically designed for mine victims.” In 2016, a “communication line” was established with relevant ministries and bodies in order to improve information sharing between the General Staff, Ministry of Health, Ministry of Family and Social Policies and other relevant ministries and bodies, and TURMAC. Within a month of each mine/ERW incident the Ministry of Interior, through the gendarmerie and national police, should update TURMAC on the details of the explosion and casualties in the areas under their responsibility. Persons considered official mine victims according to the legislation were to be assisted to attain their legal rights in coordination with the other relevant bodies.[6]

Victim assistance coordination

The Ministry of Family and Social Policies through its Disabled and Senior Citizens Directorate General is the government entity responsible for protecting the rights of persons with disabilities, including mine/ERW survivors and family members of casualties.[7]

Turkey made statements on victim assistance at the Mine Ban Treaty’s intersessional meetings in June 2017 and at the Fifteenth Meeting of States Parties to the Mine Ban Treaty in November 2016.[8] Until 2017, Mine Ban Treaty Article 7 reporting on victim assistance was updated annually by Turkey, but only covered treatment received by survivors at military medical facilities.[9]

Survivor inclusion and participation

Survivors were not reported to have been included in the planning or implementation of services relevant to their needs.

Service accessibility and effectiveness

Victim assistance activities

Emergency and ongoing medical care

Mine/ERW victims who are unable to perform daily activities without assistance receive support for obtaining medicine and medical equipment at no additional cost.[10]

All persons with disabilities have the right to access the free first-aid services at public and private healthcare centers. The General Health Insurance System was implemented in 2015 replacing the “green card” system where those without social insurance can apply for a special “green card” to be eligible for services. According to the General Health Insurance system, income-based premium payment is required.[11]

Severe limitations on access to healthcare were reported in areas where a state of emergency or deteriorated security existed. This impeded or prevented injured persons from reaching assistance. The impact of the security situation included attacks on healthcare transport and personnel and situations when access to emergency medical treatment was obstructed.[12]

Generally, healthcare facilities in towns in the mine-affected regions (other than the largest cities) have been underfunded, had inadequate staffing levels and equipment, and often were not able to address survivors’ emergencies or ongoing medical needs.[13]

Physical rehabilitation, including prosthetics

There was a significant need for prosthetics and rehabilitation services to be established in other mine/ERW-affected provinces. The General Health Insurance Systemprovides orthosis, prosthetics, and wheelchairs; however, the provision of these assistive devices is time-bound and limited to one new fitting every five years.[14]

Economic Inclusion

No specific economic inclusion or work programs existed for mine/ERW victims, however, some broader services exist that provide mine/ERW survivors and affected families with monthly payments, employment opportunities, enterprising grant, free job counselling, and courses according to their specific needs.[15]

Laws and policies

The law prohibits discrimination against them in employment, education, air travel and other transportation, access to healthcare, the judicial system, and the provision of other state services. Legislation demands that all governmental institutions and businesses provide persons with disabilities access to public areas and public transportation.[16] Accessibility of public services and buildings for persons with disabilities remained low and remained a widespread problem.[17]

The law establishing the Human Rights and Equality Institution confirms the prohibition of direct or indirect discrimination on the basis of disability. However, certain existing legislation actually works against the principles enshrined in the CRPD. Turkey had no mental health laws. Existing fines and the 2018 deadline in the transport sector for fulfilling accessibility criteria need to be complemented by public awareness-raising campaigns and appropriate incentives. There is a lack of quantitative and aggregated data on the participation of persons with disabilities in economic and social life. Significant shortcomings persist over the integration and empowerment of persons with disabilities with respect to their environment, social attitudes, and quality of services.[18]

NGOs that advocate for the rights of persons with disabilities reported that the laws were not enforced effectively. The Ministry of Family and Social Policies operated social service centers assisting vulnerable individuals, including persons with disabilities.[19] Further expansion of one-stop-shops and points of single contact for persons with disabilities was needed, particularly at local level.[20]

All public schools are required by law to accommodate students with disabilities, although disability rights activists reported instances of students with disabilities being refused admission or encouraged to “drop out” of school.[21]

The public sector’s employment rate for persons with disabilities was at around 2 %, and well below its commitments. Persons with disabilities are at high risk of social exclusion and poverty because measures to increase employment had been “ineffective.”[22]