ABHaber – EU-Turkey News Network
Nov 28 2009
European Parliament resolution on Turkey’s progress report 2009
EUROPEAN PARLIAMENT 2009 – 2014
26.11.2009 B7-0000/2009
Motion for a Resolution to wind up the debate on statements by the
Council and Commission pursuant to Rule 110(2) of the Rules of
Procedure on Turkey’s progress report 2009
Ria Oomen-Ruijten on behalf of the Committee on Foreign Affairs
B7-0000/2009
The European Parliament,
– having regard to the Commission’s Turkey 2009 Progress Report
(SEC(2009)1334),
– having regard to its previous resolutions of 27 September 2006 on
Turkey’s progress towards accession1, of 24 October 2007 on EU-Turkey
relations2, of 21 May 2008 on Turkey’s 2007 progress report3, and of
12 March 2009 on Turkey’s 2008 progress report4,
– having regard to the Negotiating Framework for Turkey of 3 October 2005,
– having regard to Council Decision 2008/157/EC of 18 February 2008 on
the principles, priorities and conditions contained in the Accession
Partnership with the Republic of Turkey5 ("the Accession
Partnership"), as well as to the previous Council decisions on the
Accession Partnership of 2001, 2003 and 2006,
– having regard to Rule 110(2) of its Rules of Procedure,
A. whereas accession negotiations with Turkey were opened on 3 October
2005 after approval by the Council of the Negotiating Framework, and
whereas the opening of those negotiations was the starting-point for a
long-lasting and open-ended process,
B. whereas Turkey has committed itself to reforms, good neighbourly
relations and progressive alignment with the EU, and whereas these
efforts should be viewed as an opportunity for Turkey itself to
modernise,
C. whereas full compliance with all the Copenhagen criteria and EU
integration capacity, in accordance with the conclusions of December
2006 European Council meeting, remain the basis for accession to the
EU, which is a community based on shared values,
D. whereas the Commission concluded that limited concrete progress was
made on political reforms in 2009,
E. whereas Turkey has still not, for the fourth consecutive year,
implemented the provisions stemming from the EC-Turkey Association
Agreement and the Additional Protocol thereto,
F. whereas in its Turkey 2009 Progress Report, the Commission has
taken up and elaborated on issues highlighted by Parliament in its
last resolution on Turkey’s progress,
1. Welcomes the broad public debate on a range of traditionally
sensitive issues such as the role of the judiciary, the rights of
citizens of Kurdish origin, the rights of the Alevi community, the
role of the military and Turkey’s relations with its neighbours;
commends the Turkish Government for its constructive approach and its
role in initiating that debate;
2. Reiterates its concern about ongoing polarisation within Turkish
society and between political parties, and urges the Government as
well as all parliamentary parties to work together to unite the whole
of society;
3. Notes that progress in terms of concrete reforms has remained
limited in 2009, and encourages the Government to translate its
political initiatives into concrete changes of legislation and their
subsequent implementation;
4. Deplores the fact that, where legislation relevant to the
Copenhagen political criteria is in place, its implementation
continues to be insufficient, particularly in the area of women’s
rights, non-discrimination, zero tolerance of torture and the fight
against corruption;
5. Calls on Turkey to redouble its efforts to fully meet the
Copenhagen criteria and to bring Turkish society together, uniting it
on the basis of equality for every human being irrespective of ethnic
origin, belief, disability, age or sex;
Fulfilling the Copenhagen political criteria
Democracy and the rule of law
6. Draws attention once again to the crucial importance of a
substantive reform of the constitution which would place the
protection of human rights and fundamental freedoms at the core of the
Turkish State and society; encourages the Turkish Government to resume
work on that reform and calls for the cooperation of all political
parties and the involvement of civil society and all minorities;
7. Is concerned about the closure case pending against the Democratic
Society Party (DTP) before the Constitutional Court, draws attention
to the opinion presented by the Venice Commission of the Council of
Europe in March 2009, which concluded that Turkish legislation
governing the closure of political parties is not compatible with the
European Convention on Human Rights (ECHR), and urges the Government
to come up with necessary reform proposals, respecting European
standards;
8. Is of the view that a comprehensive and swift reform of the
judiciary is vital for the success of the modernisation process in
Turkey; welcomes the Government’s approval of the judiciary reform
strategy and notes with satisfaction the broad consultative process on
which it was built; encourages the Government to implement the
strategy without delay, with particular attention to systematic
measures strengthening the impartiality and professionalism of the
judiciary, as well as its compliance with the standards of the ECHR;
also encourages the Government to re-structure the High Council of
Judges and Prosecutors so as to ensure its representativeness,
objectiveness, impartiality and transparency;
9. Takes note of progress made on legislation limiting the
jurisdiction of military courts and regrets the lodging of an appeal
before the Constitutional Court seeking annulment of that legislation;
is concerned by the continuing involvement of the military in Turkish
politics and foreign policy, and reiterates that in a democratic
society the military must be fully subject to civilian oversight;
calls in particular on the Turkish Grand National Assembly to enhance
its oversight of the military budget and expenditure and to engage in
the development of security and defence policies;
10. Is concerned about the alleged magnitude of the Ergenekon criminal
network; urges the Government and the judiciary to ensure that all
proceedings are fully in line with the due process of law and that the
rights of all defendants are respected; shares the assessment of the
Commission that Turkey has to approach this case as an opportunity to
strengthen confidence in the proper functioning of its democratic
institutions and the rule of law;
11. Regrets that no progress has been made on establishing the
Ombudsman´s office; urges the Government to introduce, and all
parliamentary parties to support, the necessary legislation so as to
create this human rights institution for the benefit of all Turkish
citizens;
Human rights and respect for, and protection of, minorities
12. Welcomes the initiatives taken by the Turkish Government to bring
Turkish citizens together and enable every citizen, irrespective of
origin or religion, to enjoy equal rights and play an active role in
Turkish society; is aware that this is an historic debate, but
strongly urges the Government to translate its political initiative
into concrete reforms and calls on all political parties and all
players involved to support this process while striving to overcome
mutual sensitivities; welcomes in this context the plan presented by
the Government to the Turkish Grand National Assembly on 13 November
2009 and encourages it to implement it, so as to ensure that the
freedoms of all citizens, regardless of their origin, are guaranteed;
13. Welcomes the adoption of legislation removing all restrictions on
broadcasting in the Kurdish language by private and public channels at
the local and national levels as well as of legislation on the use of
the Kurdish language in prisons; urges the Government to take further
measures ensuring real opportunities to learn Kurdish within the
public and private schooling system, allowing for Kurdish to be used
in political life and in access to public services; calls on the
Government to make sure that anti-terror laws are not misused to
restrict fundamental freedoms, and to abolish the system of village
guards in the south-east of Turkey;
14. Urges the Turkish Grand National Assembly to ensure that
parliamentary immunity covering the expression of political opinions
is guaranteed to all members of parliament, without any
discrimination;
15. Condemns the continuing violence perpetrated by the PKK and other
terrorist groups on Turkish soil, and urges the PKK to respond to the
political initiative of the Turkish Government by laying down its arms
and putting an end to violence;
16. Welcomes the dialogue entered into by the Turkish Government with
non-Muslim religious communities and the Alevis; underlines, however,
that positive steps and gestures cannot mask the lack of real reform
of the legal framework, which must enable these religious communities
to function without undue constraints, in line with the ECHR and the
case-law of the European Court of Human Rights;
17. Welcomes the implementation of the Law on Foundations; regrets,
however, that the religious communities continue to face property
problems not addressed by that law, concerning properties seized and
sold to third parties or properties of foundations merged before the
new legislation was adopted; urges the Turkish Government to address
this issue without delay;
18. Reiterates its concern about the obstacles faced by the Ecumenical
Patriarchate concerning its legal status, the training of its clergy,
and elections of the Ecumenical Patriarch; repeats its call for the
immediate re-opening of the Greek Orthodox Halki seminary and for
measures to permit the public use of the ecclesiastical title of the
Ecumenical Patriarch;
19. Regrets that uncertainty persists concerning the recognition of
Cem houses as Alevi places of worship and concerning compulsory
religious education in schools; asks the Turkish Government
systematically to remedy this situation;
20. Is concerned by the difficulties encountered by Syriacs in
relation to their property ownership; in particular, points with
concern to the court cases concerning expropriation in relation to the
Mor Gabriel Syriac Orthodox monastery;
21. Deplores the fact that the Turkish Government continues to
maintain reservations, derived from international law, regarding the
rights of minorities, that it has not yet signed relevant Council of
Europe conventions and that it has not yet entered into dialogue with
the OSCE High Commissioner on National Minorities; urges the
Government to bring its policy fully into line with international
standards and the ECHR, and calls on all parliamentary parties to
support this move; in addition, urges the Government actively to
foster a climate of full respect towards minorities, and to ensure
that cases of hostility and violence are brought before the courts;
22. Is concerned that the Turkish legal framework still fails to
provide sufficient guarantees with regard to freedom of expression and
that certain laws continue to be misused so as to restrict that
freedom; calls on the Turkish Government to come up with a reform of
the legal framework in order to ensure its compatibility with the ECHR
and the case-law of the European Court of Human Rights; is of the view
that Article 301 of the Penal Code should be repealed;
23. Is concerned about continued restrictions on press freedom,
particularly following the imposition of an unprecedented fine on a
media group, as well as regarding frequent website bans; stresses that
the cultivation of press freedom is an important sign of political
culture in a pluralistic society; recommends that in this context, and
in light of the unhealthy links between media and business interests,
a new media law be adopted;
24. Calls on the Turkish Government to intensify its efforts with
regard to implementation of the policy of zero tolerance of torture,
and, in order to underscore the credibility of those efforts, to
authorise the publication of the report of the Council of Europe’s
Committee for the Prevention of Torture; once again urges the Turkish
Grand National Assembly to ratify the Optional Protocol on the UN
Convention against Torture; also urges the Government to strive for
reduction of impunity for human rights violations, in particular among
law enforcement officials;
25. Encourages the Government to increase its efforts to translate
gender equality, as guaranteed by law, into practice; in particular,
considers that a strategy for women’s employment should be prepared,
reducing the engagement of women in the grey economy; invites the
Government to avail itself of the potential of civil society
organisations, especially when it comes to raising awareness of
women’s rights, the prevention of violence and so-called "honour
killings"; points out that the Government and the judiciary need to
ensure that all cases of violence and discrimination against women are
duly brought before the courts and punished;
26. Is concerned about lack of guarantees against discrimination on
the basis of sexual orientation, and calls upon the Turkish Government
to intensify its public awareness efforts concerning individual human
rights and anti-discrimination, to ensure that discriminating
provisions are removed from legislation and that hatred and violence
based on homophobia is duly punished;
27. Regrets the lack of progress concerning trade union rights and
calls once again on the Turkish Grand National Assembly to adopt a new
law on trade unions that is in line with the International Labour
Organization standards; asks the Government to engage in the
strengthening of tripartite social dialogue mechanisms;
Ability to take on the obligations of membership
28. Deplores the fact that, for the fourth consecutive year, the
Additional Protocol to the EC-Turkey Association Agreement has not
been implemented by Turkey; calls on the Turkish Government to
implement it fully without delay, in a non-discriminatory way, and
recalls that failure to do so may further seriously affect the process
of negotiations;
Commitment to good neighbourly relations
29. Calls on the Turkish Government actively to support the ongoing
negotiations, and to contribute in concrete terms to the comprehensive
settlement of the Cyprus issue, based on a bi-zonal, bi-communal
federation, in line with the relevant UN Security Council resolutions
and the principles on which the EU is founded; calls on Turkey to
facilitate a suitable climate for negotiations by withdrawing its
forces;
30. Calls on the Turkish Government to cease hindering civilian
vessels prospecting for oil on behalf of the Republic of Cyprus in the
eastern Mediterranean;
31. Urges Turkey to ensure that the rights of all displaced persons in
Cyprus are respected, including those of religious minorities, and
they are allowed freely to exercise their religious rights; stresses
that, in the case of the Catholic Maronite community, freedoms should
also be accorded to all four Maronite villages;
32. Commends the diplomatic efforts made to normalise relations with
Armenia, and urges the Turkish Government to open the border with
Armenia; calls on the Turkish Grand National Assembly and the
Parliament of Armenia to ratify the relevant protocols without delay
and without setting any preconditions;
33. Takes note of the limited progress achieved in improving
Turkish-Greek bilateral relations; calls on the Turkish Grand National
Assembly to withdraw its casus belli threat, and expects the Turkish
Government to end the continued violations of Greek airspace;
34. Welcomes the continued improvement of relations with Iraq and with
the Kurdish regional government; stresses once again its appeal to the
Turkish Government to ensure that any anti-terrorist operation that is
conducted fully respects Iraq´s territorial integrity, human rights
and international law, and that civilian casualties are avoided;
Deepening EU-Turkey cooperation
35. Notes the start of negotiations on Turkey´s accession to the
Energy Community; welcomes Turkey’s signing of the Intergovernmental
Agreement on the Nabucco gas pipeline, the implementation of which
remains one of the EU’s highest energy security priorities, and calls
for opening of the energy chapter in the accession negotiations; notes
at the same time the cooperation between Turkey, Russia and some EU
Member States on the South Stream project;
36. Points to Turkey´s importance as a transit and destination country
for irregular migration; takes note of the resumption of negotiations
on a EU-Turkey readmission agreement, and urges Turkey fully to
implement, in the meantime, the existing bilateral readmission
agreements with the Member States; calls on the Turkish Government to
strengthen its migration management cooperation with the EU, including
with Frontex;
37. Notes Turkey´s increasingly active foreign policy and appreciates
its efforts to contribute to solutions in various crisis regions;
calls on the Turkish Government to intensify its foreign policy
coordination with the EU, in particular as regards Iran;
38. Appreciates Turkey´s continuous contribution to European Security
and Defence Policy and NATO operations; regrets, however, that the
NATO-EU strategic cooperation extending beyond the `Berlin plus’
arrangements continues to be blocked by Turkey’s objections, which has
negative consequences for the protection of the EU personnel deployed,
and urges Turkey to set aside those objections as soon as possible;
39. Once again calls on the Turkish Government to sign and submit for
ratification the Statute of the International Criminal Court, thus
further increasing Turkey’s contribution to, and engagement in, the
global multilateral system;
40. Calls on the EU´s High Representative for Foreign Affairs and
Security Policy to analyse synergies between the EU´s and Turkey´s
foreign policies and to make more intensive use of them in order to
contribute to security and stability in the world;
41. Instructs its President to forward this resolution to the Council,
the Commission, the Secretary General of the Council of Europe, the
President of the European Court of Human Rights, the governments and
parliaments of the Member States and the Government and Parliament of
the Republic of Turkey.
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