Cooperatives as a way of participation in political decision-making processes: An Examination over the Turkish Forestry Cooperatives in constitutional terms
Abstract
In this article, cooperatives were examined on their distinctive structure, questioning whether they can be seen as a way of civil participation on political decision-making, by presenting some recent cases from Turkish Forestry Cooperatives. Firstly, the place of the civil society in participatory democracies and the importance of economic and social conditions in this perspective and consequently the role of the cooperatives in civil society were explained briefly. Afterwards, the cooperative’s practical impact on political decision-making was analysed over the instance of OR-KOOP including core information on cooperatives and forest villagers in Turkey —representing a community lower economic facilities— in the search of fundamental necessities for an expected participation in political decision-making processes. Finally, constitutional significance of the forests and the cooperatives were revealed with regard to the crossing concepts of participatory democracy, sustainable development and human rights.
Received: 29 July 2022
Accepted: 27 April 2023
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References
AKBARI DOLATABAD, Mohammad, Mohammad SADEGH EBRAHIMI, and Amir MOZAFAR AMINI. 2022. “Pathology of Rural Production Cooperatives- Evidence from Iran”. International Association of Cooperative Law Journal, no. 61 (December), 167-84. https://doi.org/10.18543/baidc.2298.
ATMIS˛, Erdog˘an, H. Batuhan Guns˛en and Sezgin Ozden. 2009. “Forest cooperatives and its importance in rural poverty reduction in Turkey”. XIII World Forestry Congress, Buenos Aires, Argentina, 18-23 October 2009.
BAKIRCI, Fahri. 2015. “Yasama Surecinin Hızlandırılması ve Sakıncaları”. In Kanun Yapma Teknig˘ i, Turkish Bar Association, Ankara. http://tbbyayinlari.barobirlik.org.tr/TBBBooks/545.pdf.
BIRCH, Anthony H. 1993. The Concepts and Theories of Modern Democracy. London: Routledge.
CAG˘LAR, Yucel. 2014. Hukuksal Kıskactaki Ormanlar Ve Ormancılık (Secme Tartıs˛ malar). Ankara: TBB Yayınları. http://tbbyayinlari.barobirlik.org.tr/TBBBooks/488.pdf.
CONSTITUTE. The World’s Constitutions to Read, Search, and Compare. Accessed July 2022. https://www.constituteproject.org/.
COUNCIL OF EUROPE COMMITTEE OF MINISTERS. 2017. Guidelines for Civil Participation in Political Decision making. Council of Europe CM Documents, CM(2017)83-final.
DOUVITSA, Ifigeneia. 2022. “National Constitutions and Cooperatives: An Overview”. In Perspectives on Cooperative Law-Festschrift In Honour of Professor Hagen Henry, edited by Willy Tadjudje and Ifigeneia Douvitsa, 57-62, Singapore: Springer.
EBRAHIMI, Mohammad Sadegh, and Mojtaba Ghaediyan. 2021. “Corporate Social Responsibility and Organizational Commitment in Agricultural Cooperatives: Evidence from Iran”. International Association of Cooperative Law Journal, no. 59 (December), 263-83. https://doi.org/10.18543/baidc-59-2021pp263-283.
ERDONMEZ CIHAN AND AYNUR AYDIN COS˛KUN A. 2003. “Sustainability in Turkish Forest Legislation and Administration”. XII. World Forestry Congress, Quebec, Kanada. http://www.fao.org/3/XII/0072-C1.htm.
FOREST PRINCIPLES-REPORT OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT, Rio de Janeiro, 3-14 June 1992, Annex III, Non-Legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests. Accessed July 2022. https://wrm.org.uy/other-relevant-information/forest-principles-report-of-the-united-nationsconference-on-environment-and-development/.
GALLARDO-COBOS, Rosa. 2010. “Rural development in the European Union: the concept and the policy”. Agron. colomb. vol. 28 no. 3, Bogota Sept./ Dec. 2010.
ILO. 2001. Report V (1) (on) Promotion of cooperatives (Decision to revise the Cooperatives (Developing Countries) Recommendation, 1966 (No. 127). Accessed July 2022. https://www.ilo.org/public/english/standards/relm/ilc/ilc89/rep-v-1.htm.
ILO. 2002. Promotion of Cooperatives Recommendation (No: 193). Accessed July 2022. https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_CODE:R193:NO.
INTERNATIONAL CO-OPERATIVE ALLIANCE (ICA). Accessed July 2022. https://www.ica.coop/en/cooperatives/cooperative-identity.
KARTHIKEYAN, Muthumariappan and R. Karunakaran. 2018. “Cooperatives as Hybrid Approach to pull off Sustainable Development and Livelihoods: An Analytical Review” (January 25, 2018). Accessed July 2022. http://dx.doi.org/10.2139/ssrn.3109324.
KEANE, John. 1988. Democracy and Civil Society. London: Verso.
MEYER, Thomas, and Lewis P. Hinchman. 2002. Media Democracy: How the Media Colonize Politics. Cambridge: Polity Press.
MULAYIM, Ziya Gokalp. 1998. “The Fundamental Problems of Turkish Co-operatives and Proposals for Their Solution”. MEDIT, 4/98, 14-21.
OAKLEY, Pete and Christopher Garforth. 1985. Guide to Extention Training: Food And Agriculture Organızation of the United Nations, Rome. http://www.fao.org/3/t0060e/T0060E00.htm#Contents.
OKAN, Necret Durukan and Cuneyt Okan. 2003. “An Overview of Cooperatives in Turkey”. FAO Regional Office for Europe and Central Asia Policy Studies on Rural Transition No. 2013-3. http://www.fao.org/3/ar427e/ar427e.pdf.
OR-KOOP (Central Union of the Turkish Forestry Cooperatives). Accessed July 2022. http://www.orkoop.org.tr/kurulus3.html. OZDEN, Sezgin and Mehmet Mendes˛. 2005. “The usage of multiple correspondence analysis in rural migration analysis”. NEW MEDIT, 4, 36-41.
REPUBLIC OF TURKEY CONSTITUTIONAL COURT. TURKISH CONSTITUTIONAL COURT JUDGEMENT (Application N. 2018/104), Decision No 2020/39, 16 July 2020. https://www.resmigazete.gov.tr/eskiler/2020/11/20201127-7.pdf.
REPUBLIC OF TURKEY COUNCIL OF STATE, 8th Chamber (App. N. 2015/4565), Decision No 2019/6084, 26 June 2019.
REPUBLIC OF TURKEY COUNCIL OF STATE, 8th Chamber (App. N. 2020/6497), Decision No 2021/1884, 30 March 2021.
REPUBLIC OF TURKEY COUNCIL OF STATE, Plenary Session of Administrative Law Division, (Stay App. No 2016/126), 11 April 2016. (Stay of Execution).
REPUBLIC OF TURKEY COUNCIL OF STATE, Plenary Session of Administrative Law Division, (App. N. 2018/1893), Decision No 2019/3699, 12 September 2019.
REPUBLIC OF TURKEY COUNCIL OF STATE, Plenary Session of Administrative Law Division, (App. N. 2019/3415), Decision No 2021/724, 7 April 2021.
REPUBLIC OF TURKEY COUNCIL OF STATE, Plenary Session of Administrative Law Division, (App. N. 2021/2807), Decision No 2021/3210, 20 December 2021.
REPUBLIC OF TURKEY COUNCIL OF STATE. 8th Chamber (App. N. 2016/14666), Decision No 2018/1116, 28 February 2018.
REPUBLIC OF TURKEY MINISTRY OF CUSTOMS AND TRADE DIRECTORATE GENERAL OF COOPERATIVES. (2012). Turkish Cooperatives Strategy and Action Plan 2012-2016. Accessed July 2022. https://social.un.org/coopsyear/documents/Turkish-cooperatives-action-plan2012.pdf.
REPUBLIC OF TURKEY. Cooperatives Law (N. 1163). (Turkish original) Accessed July 2022. https://www.mevzuat.gov.tr/MevzuatMetin/1.5.1163.pdf.
REPUBLIC OF TURKEY. Forest Law (N. 6831). (Turkish original) Accessed July 2022. https://www.mevzuat.gov.tr/MevzuatMetin/1.3.6831.pdf.
REPUBLIC OF TURKEY. Regulation on Rules and Procedures for Preparing Legislations (4821). Accessed July 2022. https://www.mevzuat.gov.tr/MevzuatMetin/3.5.20059986.pdf.
REPUBLIC OF TURKEY. Regulation on the Principles and Procedures of Selling Forest Products (6377). (Turkish original) Accessed July 2022. https://www.mevzuat.gov.tr/MevzuatMetin/3.5.20157255.pdf.
REPUBLIC OF TURKEY. The Constitution of the Republic Of Turkey. Accessed July 2022. https://global.tbmm.gov.tr/docs/constitution_en.pdf.
SMITH, Stirling. 2014. Promoting cooperatives: An information guide to ILO Recommendation No.193. Geneva: Prodoc.
TARHAN, Mumtaz Derya. 2017. “Renewable Energy Co-operatives and Energy Democracy: A Critical Perspective”. Canadian Association for Studies in Co-operation, 1-26.
UN ECOSOC COMMISSION ON SUSTAINABLE DEVELOPMENT. 2009. “Major groups priorities for action in agriculture, rural development, land, drought, desertification and Africa”. Seventeenth session 4-15 May 2009 (E/CN.17/2009/10).
UN ECOSOC COMMISSION ON SUSTAINABLE DEVELOPMENT. 2009. “Report on the Capacity Development Workshop for Improving Agricultural Productivity, Water-use Efficiency and Rural Livelihoods”. Seventeenth session 4-15 May 2009 (E/CN.17/2009/16).
UN FOREST INSTRUMENT. 2008. Non-legally binding instrument on all types of forests: resolution / adopted by the General Assembly A/RES/70/199. Accessed July 2022. https://www.un.org/esa/forests/documents/un-forest-instrument/index.html.
UN RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY ON 25 SEPTEMBER 2015, “Transforming our world: the 2030 Agenda for Sustainable Development”. Accessed July 2022. https://sdgs.un.org/2030agenda.
UNITED NATIONS COMMISSION ON SUSTAINABLE DEVELOPMENT REPORT. ON THE EIGHTH SESSION (30 April 1999 and 24 April-5 May 2000), Economic and Social Council Official Records, 2000 Supplement No. 9.
VAN DER PLOEG, Jan Douwe, Henk Renting, Gianluca Brunori, Karlheinz Knickel, Joe Mannion and Terry Marsden. (2000). Rural Development : From Practices and Policies towards Theory. Sociologia Ruralis, 40(4), 391- 408. https://doi.org/10.1111/1467-9523.00156
WHITEMAN, Adrian. 2000. “Promoting rural development through forestry policy: some experiences from developing countries”. Presentation to the seminar: The role of forests and forestry in rural development-implications for forest policy: a contribution to the Work of the Ministerial Conference on the Protection of Forests in Europe, 5-7 July 2000, Vienna. Accessed July 2022. http://www.fao.org/3/af302e/af302e.pdf.
WISKERKE, J.S.C., B. B. Bock, M. Stuiver and H. Renting. 2003. “Environmental co-operatives as a new mode of rural governance”. NJAS, 51-1/2.
YUKSEL, Anıl Guven. 2022 (a). Toplumsal Yas˛ama Katılma Hakkı. Istanbul: On Iki Levha Yayıncılık.
YUKSEL, Anıl Guven. 2022 (b). “Cooperatives’ Role on the Socio-Economic Integration of Forcibly Displaced People”. In Las cooperativas como instrumento de politica de empleo ante los nuevos retos del mundo del trabajo, edited by Francesco J. Arrieta Idiakez, Madrid: Dykinson. (to be published within 2022, the reference will be updated accordingly).
ZITTEL, Thomas. 2007. “Participatory Democracy and Political Participation”. In Participatory Democracy and Political Participation, edited by Thomas Zittel and Dieter Fuchs, 9-28, Oxon: Routhledge.
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