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  • ANKARA: EU paints mixed picture

    From: "Katia M. Peltekian" <[email protected]>
    Subject: ANKARA: EU paints mixed picture

    The New Anatolian, Turkey
    Nov 9 2006

    EU paints mixed picture

    The New Anatolian / Ankara

    The European Commission yesterday released its progress report on
    Turkey, covering the progress that has made in Turkey since the
    beginning of membership talks in October 2005 and including
    criticisms in various areas.

    While evaluating the overall progress in Turkey, the country's place
    in fulfilling European Union membership criteria and efforts to
    harmonize its laws with that of the bloc, the Commission in its
    80-page document urged Ankara to take constructive steps on minority,
    women's and union's rights, civilian-military relations, the election
    system, broadcasting and publication in different languages and
    especially in amending controversial Article 301 of the new Turkish
    Penal Code.

    Though criticizing the slow progress of reforms on the key issue of
    Cyprus, the EU didn't include in the report a suggestion to suspend
    talks with Turkey if the country fails to implement the Ankara
    Protocol, thereby throwing the ball of making a final decision on
    continuing talks with Turkey to the leaders' summit next month and
    paving the way for the continuation of talks on the Finnish
    proposals.

    "Under the negotiating framework and the Accession Partnership," said
    the report, "Turkey is expected to ensure continued support for
    efforts to find a comprehensive settlement of the Cyprus problem
    within the United Nations framework and in line with the principles
    on which the Union is founded, whilst contributing to a better
    climate for a comprehensive settlement, implement fully the protocol
    adapting the Ankara Agreement to the accession of the 10 new EU
    member states including (Greek) Cyprus and take concrete steps for
    normalization of bilateral relations with all Member States,
    including the (Greek) Republic of Cyprus." The report asked Turkey to
    remove all obstacles to the free movement of goods, including
    restrictions on means of transport, but without mentioning a possible
    suspension of talks if Turkey fails to fulfill the requirements.

    The report stated, however, that Turkey's fulfillment of the
    responsibilities will affect the negotiations and should it fail to
    do so, the Commission will make recommendations on the issue next
    month.

    The declaration also stressed that recognition of all member states
    is a necessary component of the accession process and underlined the
    importance it attaches to the normalization of relations between
    Turkey and all EU member states, making direct reference to Greek
    Cyprus.

    Fine-tuned criticism of military

    The European Commission made a carefully worded criticism of the
    military's role in politics in its key report published yesterday,
    staying clear of heated domestic debate about secularism but saying
    that more time is needed for stronger alignment of civil-military
    relations with EU practices.

    "Overall, limited progress has been made in aligning civil-military
    relations with EU practices," said the chapter on civil-military
    relations. "Turkish Armed Forces (TSK) have continued to exercise
    significant political influence. Senior members of the armed forces
    have expressed their opinion on domestic and foreign policy issues
    including Cyprus, secularism, the Kurdish issue and on the indictment
    concerning the (November 2005) Semdinli bombing."

    On the Semdinli affair, when a bookstore in the southeastern town
    left two dead, raising tension over claims TSK officials were
    involved in the bombing, the EU was expected to make a stronger
    criticism of the military. Some of the ruling Justice and Development
    (AK) Party members accused then land forces commander and current
    Chief of General Staff Gen. Yasar Buyukanit of having links with the
    alleged bombers.

    But contrary to many expectations, the report did not mention the
    issue in detail. The report also did not make strong criticisms of
    the recently increase in statements by top military officials in
    defense of Turkey's principle of secularism and criticizing the
    ruling AK Party for not taking the rising Islamic fundamentalism
    threat seriously.

    Concerning the chapter on civil-military relations in the report,
    European diplomats told The New Anatolian that the recently heated
    debate in Turkish politics was mainly perceived as an internal debate
    ahead of next year's key presidential election and the EU did not
    want to interfere in that. Diplomats also said that more time was
    needed in Turkey's democratization process to come to a point where
    civil-military relations were be better aligned with EU practices.

    The Commission report raised some other concerns on the issue of
    civil-military relations, such as the lack of a parliamentary vote on
    Turkey's National Security Policy Document and the TSK Internal
    Service Law remaining unchanged, giving the military wide space to
    maneuver in domestic politics. It also underlined the need for
    measures to enhance civilian control over the Gendarmerie,
    strengthening parliamentary oversight of the military budget and
    expenditures.

    The report welcomed a law this June amending the relevant provisions
    of the Military Criminal Code to assure that no civilian will be
    tried in military courts in peacetime unless military personnel and
    civilians commit an offense together.

    The commission's report concluded that there was not "back tracking"
    but "a limited progress" in this year concerning alignment of
    military relations with EU practices, and made the following
    suggestion for the TSK:

    "Statements by the military should only concern military, defense and
    security matters and should only be made under the authority of the
    government, while the civilian authorities should fully exercise
    their supervisory functions in particular as regards the formulation
    of the national security strategy and its implementation including
    with regard to relations with neighboring countries."

    Stating that the positive statement of Prime Minister Recep Tayyip
    Erdogan in 2005 stressing the need to resolve through domestic means
    what he called "the Kurdish issue" was not followed up, the EU said
    in the report that there is almost no dialogue between the
    authorities and locally elected politicians and furthermore, many
    locally elected politicians face court challenges.

    EU calls for concrete steps on minority rights

    Turkey has made little progress on ensuring cultural diversity and
    promoting respect for and protection of minorities in accordance with
    international standards, the EU said in the progress report, urging
    Ankara to take concrete and constructive steps in the issue.

    In the key report on Turkey, freedom of religion, minority rights and
    their protection were highlighted as the main areas of concern.

    On the issue of freedom of religion, according to the progress
    report, although freedom of worship continues to be generally
    respected, no progress was reported on difficulties encountered by
    non-Muslim religious communities.

    Stressing that restrictions on the training of clergy and on foreign
    clergy working in Turkey remain, the report said, "Turkish
    legislation does not provide private higher religious education for
    these communities," and therefore urged the reopening of the Greek
    Orthodox Halki (Heybeliada) seminary and the recognition of the
    "ecumenical" status of the Fener Greek Orthodox Patriarch.

    There have been no developments made in relation to the situation of
    the Alevis and they face difficulties opening their places of worship
    (cemevis), said the report, urging Ankara to recognize cemevis and
    give funding to them. Furthermore, the Union criticized the
    compulsory religious instruction given to Alevi children in schools.

    Another area of concern in the progress report is that although the
    mandatory indication of religious affiliation on some personal
    documents such as ID cards was abolished in April, such documents
    still include information on religion, which according to the EU
    leaves open the potential of discriminatory practices.

    Furthermore on freedom of religion, Brussels called on Turkey to give
    access to legal incorporation to non-Muslin religious minorities and
    abolish their restricted property rights.

    Touching on the problems of the Greek minority, the report stated
    that they continue to encounter problems, particularly related to
    education and property rights. "The Greek minority properties on the
    island of Gokceada (Imvros) and Bozcaada (Tenedos) are under the
    threat of confiscation and tender by the Turkish authorities," it
    said.

    Call for more Kurdish language broadcasting, education

    On the issue of cultural rights of Kurds, the EU called on Turkey to
    do more to ensure more broadcasting and education in the Kurdish
    language.

    Stressing that permission was granted to two local TV channels in
    Diyarbakir and to one radio in Sanliurfa to broadcast in Kurdish, the
    Union expressed criticism on the time restrictions, the presence of
    subtitles or translations in Turkish and the absence of educational
    programs teaching the Kurdish language. Stating that the Turkish
    Television and Radio Corporation (TRT) has continued broadcasting in
    five languages including Kurdish, the Union expressed concern over
    the limited duration and scope of TRT's broadcasts, adding that no
    private broadcaster at the national level has applied to broadcast in
    languages other than Turkish since the enactment of the 2004
    legislation.

    The Union also urged Ankara to do more in education in Kurdish,
    saying, "Children whose mother tongue is not Turkish cannot learn
    their mother tongue in the Turkish public schooling system. As
    concerns Kurdish all private courses were also closed down in 2004.
    Therefore, there are no possibilities to learn Kurdish today in the
    public or private schooling system. Furthermore, there are no
    measures taken to facilitate access to public services for those who
    do not speak Turkish."

    Touching on the overall record of Turkey in the minority rights, the
    EU described it as "unchanged" and urged Ankara to determine other
    minorities in Turkey besides the Jews, Armenians and Greeks who were
    given the status of minorities with the 1923 Treaty of Lausanne.

    "The February 2005 visit of the OSCE High Commissioner on National
    Minorities (HCNM) to Ankara has not been followed up and no progress
    has been made in starting a dialogue on the situation of national
    minorities in Turkey," said the report, urging Ankara to include
    relevant areas such as minority education, languages, the
    participation of minorities in the public life and broadcasting in
    minority languages to facilitate Turkey's further alignment with
    international standards and best practice in EU member states to
    ensure cultural diversity and to promote respect for and protection
    of minorities.

    ---------Ara Baslik---------

    Need to change Article 301

    Brussels also pressed for changes to Article 301 of the new Turkish
    Penal Code (TCK), saying that it needed to be brought into line with
    the relevant European standards.

    "Some progress can be reported in the area of broadcasts in languages
    other than Turkish at local and regional level," said the report.
    "However, the prosecutions and convictions for the expression of
    nonviolent opinion under certain provisions of the new penal code are
    a cause for serious concern and may contribute to create a climate of
    self-censorship in the country. This is particularly the case for
    Article 301 which penalties insulting Turkishness, the republic as
    well as the organs and institutions of the state. Although this
    article includes a provision that expression of thought intended to
    criticize should not constitute a crime, it has repeatedly been used
    to prosecute non violent opinions expressed by journalists, writers,
    publishers, academics and human rights activists."

    'Parliamentary immunity should be ended to fight corruption'

    The European Union also urged Turkey to abolish parliamentary
    immunity to better fight corruption within the country in the report.

    According to the report, although there has been some limited
    progress in the fight against corruption, notably on increasing
    transparency in the public administration, overall corruption remains
    widespread and anti-corruption authorities and policies are still
    weak.

    Besides the need to abolish parliamentary immunity to better fight
    corruption within the country, according to the EU, Turkey also needs
    to improve its legislation on financing and auditing of political
    parties.

    "With regard to corruption investigations carried out by the
    inspection boards, the need for a prior authorization from the
    hierarchy when investigating some categories of public officials
    hampers the investigation," the report said, underlining the need for
    better coordination of the system currently in place for combating
    corruption. In line with this conclusion reached by the EU, the
    25-nation bloc called on Ankara to establish a sufficient independent
    body that will be responsible for the conception and monitoring the
    implementation of anti-corruption measures.

    Report gives Ocalan, Papadopoulos more than their due

    In terminology all but guaranteed to raise hackles in Turkey, the
    report refers to terrorist Kurdistan Workers' Party (PKK) leader
    Abdullah Ocalan as "Mr.Ocalan" and calls the Greek Cypriot leader
    "President Papadopoulos."

    The EU's use of "Mr. Ocalan" despite the PKK's recognition by the
    Union as a terrorist group, is likely to cause anger in Turkey, a
    country which seeks support from its allies in its efforts to fight
    the terrorist group.

    Besides the respectful title for a terrorist, the Union also calls
    Greek Cypriot administration leader Tassos Papadopoulos "President
    Papadopoulos," another point that could anger Turkey since the
    country doesn't recognize Greek Cyprus.

    Highlights:

    Civil and political rights:

    - The Turkish legal framework includes a comprehensive set of
    safeguards against torture and ill-treatment. Cases of torture and
    ill-treatment declined over the reporting period. However, concerns
    remain regarding cases outside centers, human rights violations in
    the southeast and the problem of impunity.

    Women's rights:

    - There has been growing public attention on the issue of women's
    rights in Turkey. However, full respect of women's rights remains a
    critical problem, particularly in the poorest areas of country. While
    the legal framework is overall satisfactory, its implementation
    remains inadequate.

    - In parts of the southeast it still occurs that girls are not
    registered at birth. This hampers the fight against forced marriage
    and crimes in the name of honor since these girls and women cannot be
    properly traced.

    Children's rights:

    - The right to education for children, particularly girls remains a
    problem in some areas.

    - In late 2005, ill-treatment of children in an orphanage of the
    Social Services and Child Protection Agency (SHCEK) in Malatya
    revealed the shortcomings of the child protection system in Turkey.

    Trade unions:

    - The government submitted to social partners two legislative
    proposals aimed at amending the two currently applicable laws in this
    area. However, no further progress was made and no formal legislative
    initiative has been taken by the government.

    - As a result, the current significant shortcomings on the right to
    organize and the right to collective bargaining, including the right
    to strike, remain in place.

    EU urges Ankara to rethink stance on Hamas

    Describing Hamas as a "terrorist group," the report indirectly
    criticized the AK Party receiving Hamas officials in Ankara early
    this year following the Palestinian elections.

    According to the progress report, although the Union stated that
    "Turkey has broadly continued to align its foreign and security
    policy with that of the EU?and has continued to support the Middle
    East peace process," it continued by saying, "Turkey declared in
    February 2006 to share the objectives EU Common Position on the
    application of specific measures to combat terrorism and ensure that
    its national policies would conform to that Common Position. Hamas is
    on the list included in this Common Position."

    On other issues in the chapter about foreign, security and defense
    policy, while the Union praised Turkey's participation in the EU-led
    police missions including Bosnia-Herzegovina (EUPM), former Yugoslav
    Republic of Macedonia (Proxima) and in Congo (EUROPOL KINSHASA) and
    UN and NATO peace missions for the development of European Security
    and Defense Policy (ESDP), it criticized Turkey's resistance to
    including Greek Cyprus and Malta in the EU-NATO strategic cooperation
    based on the "Berlin Plus" agreement. The report also noted that
    Turkey continues, for political reasons, to block Greek Cyprus'
    membership in certain suppliers' groups, such as the Wassenaar
    Arrangement on Export Controls for Conventional Arms and Dual-Use
    Goods and Technologies.

    Touching on Turkey's relations with the Middle East, while the report
    said that Turkey's relations with Syria continued to develop
    positively, it also praised Ankara's efforts and concrete initiatives
    to promote stability in Iraq by facilitating dialogue between U.S.
    authorities and Sunni Arabs. "Turkey argues that there is a direct
    link between the recent escalation of violence in the southeast of
    Turkey and increased clashes between Turkish Armed Forces and the PKK
    and 'infiltration of PKK members' from the Iraqi border," it said in
    the report, saying that a significant number of troops were deployed
    along the Iraqi border in order to prevent infiltration by PKK
    terrorists from northern Iraq.

    The report also praised Turkish efforts to encourage Iran to comply
    with the demands of the international community and the country's
    support to EU efforts to obtain long-term guarantees for the
    implementation of the Nuclear Non-Proliferation Treaty and its
    Nuclear Safeguards Agreement with the International Atomic Energy
    Agency (IAEA) by Iran.

    The continued strong support of Turkey for the "Bonn process"
    concerning the reconstruction of Afghanistan was also praised in the
    report.

    Call for opening Turkey's border with Armenia

    The Union, in the chapter on foreign policy, urged Turkey to open its
    border with Armenia, stressing that this would be an important step
    forward in the establishment of good neighborly relations between the
    two countries and would boost trade relations.

    While urging Turkey to open its border with Armenia, the EU cited the
    lack of significant developments in relations between Turkey and
    Armenia since the official exchange of letters between Turkish Prime
    Minister Recep Tayyip Erdogan and Armenian President Robert Kocharian
    in April 2005.

    However, the EU noted a closer alignment of Turkey's official
    position with EU positions in relation with the Southern Caucasus and
    Central Asia. "Turkey has reiterated its support for the European
    Neighborhood Policy. Turkey participates in the regional initiative
    GUAM (Georgia, Ukraine, Azerbaijan and Moldova) with observer status.
    Turkey followed closely the elections in Azerbaijan. It aligned
    itself with the EU Presidency statement on the elections in
    Azerbaijan on 10 November 2005," the report said.

    Brussels indirectly urges removal of 'casus belli' resolution

    In the progress report, the Union indirectly called on the Turkish
    Parliament to abandon a 1995 resolution on casus belli (cause for
    war) in relation to the possible extension of Greek territorial
    waters.

    In the text, the Commission alluded to the "casus belli" while urging
    Ankara to commit to good neighborly relations through "addressing any
    sources of friction with its neighbors and refrain from any action
    which could negatively affect the process of peaceful settlement of
    border disputes."

    Reviewing the development of relations and confidence building steps
    taken by Turkey and Greece, the EU progress report also noted that
    measures to prevent the escalation of tension on the Aegean Sea were
    taken "following the collision of Turkish and Greek military air
    crafts over the Aegean in May, which caused the death of a Greek
    pilot."
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