TURKEY’S PROGRESS TOWARDS ACCESSION
Kurdish Media, UK
June 19 2006
6/19/2006 EU Committee on Foreign Affairs Rapporteu European Parliament
Draft Report on Turkey’s progress towards accession – Committee on
Foreign Affairs Rapporteur: Camiel Eurlings
Motion For A European Parliament Resolution On Turkey’s Progress
Towards Accession
The European Parliament,
– having regard to the Turkey 2005 Progress Report of the Commission
(COM(2005)0561),
– having regard to its resolution of 28 September 2005 on the opening
of negotiations with Turkey[1],
– having regard to its resolution of 16 March 2006 on the Commission’s
2005 enlargement strategy paper (2005/2206(INI))[2],
– having regard to its resolution of 15 December 2004 on the 2004
regular report and the recommendation of the European Commission on
Turkey’s progress towards accession [3],
– having regard to its resolution of 6 July 2005 on the role of women
in Turkey[4],
– having regard to the Negotiating Framework with Turkey of 3
October 2005,
– having regard to Council Decision 2006/35/EC of 23 January 2006 on
the principles, priorities and conditions contained in the Accession
Partnership with Turkey[5], setting out short-term and medium-term
priorities,
– having regard to Council Regulation (EC) No 389/2006 of 27 February
2006 establishing an instrument of financial support for encouraging
the economic development of the Turkish Cypriot Community[6],
– having regard to Turkey’s Declaration with regard to Cyprus of 29
July 2005, the Council’s Declaration of 21 September 2005 and Turkey’s
Action Plan of 28 January 2006,
– having regard to Rule 45 of its Rules of Procedure,
– having regard to the report of the Committee on Foreign Affairs
(A6-0000/2006),
A. whereas on 3 October 2005 the Council approved a framework for
negotiations with Turkey on its accession to the EU, thus enabling the
negotiations to begin immediately after that meeting, and whereas the
Commission is currently undertaking a formal process of examination
of the acquis, which is advancing in certain policy areas,
B. whereas the advancement of the negotiations will have to be guided
by the accomplishment of the priorities set out in the Accession
Partnership, the requirements of the Negotiation Framework and the
full implementation of the provisions stemming from the Association
Agreement (Ankara Agreement) and the Additional Protocol thereto,
including a comprehensive settlement of border disputes and a
comprehensive settlement regarding Cyprus,
C. whereas compliance with all the Copenhagen criteria has always
been the basis for accession to the EU,
D. whereas Parliament decided in its resolutions of 15 December 2004
and 28 September 2005 that the opening of accession negotiations is
to be recommended so long as it is agreed that, in the first phase
of the negotiations, priority is given to the full implementation
of the political criteria, that each session of the negotiations at
ministerial level is to be preceded by an assessment of the political
criteria not only in theory but also in practice, thus exerting
permanent pressure on the Turkish authorities to maintain the pace of
the necessary reforms, and that a full programme of clear targets,
timeframes and deadlines should be fixed for the fulfilment of the
political criteria,
E. whereas, with a view to guaranteeing the sustainability and the
irreversibility of the reform process, the EU should continue to
monitor the scope of reforms and their implementation,
F. whereas the Commission has concluded in its Progress Report that the
pace of change slowed last year, that implementation remains uneven and
that significant further efforts are required as regards fundamental
freedoms and human rights, in particular freedom of expression,
women’s rights, religious freedoms, trade union rights and cultural
rights, and the further strengthening of the fight against torture
and ill-treatment,
G. whereas progress in the area of freedom of expression is still
far from satisfactory, presenting a mixed picture featuring certain
positive developments, such as the recent acquittals of Professor
Ibrahim Kaboglu and Professor Baskin Oran, prosecuted under Articles
216 and 301 of the Turkish Penal Code, and of the author Orhan Pamuk,
while a number of human rights defenders are still being prosecuted
and journalists and publishers continue to face trials, for example
the journalist Hrant Dink, whose case, despite his acquittal by a
court ruling, has been referred to the Court of Cassation, and others,
such as the human rights activist Eren Keskin, have been sentenced,
H. whereas the current draft of the Anti-Terror Law undermines previous
reforms in the field of fundamental freedoms and human rights by
reintroducing elements that had been cancelled during previous
reforms, and whereas that draft may further restrict the exercise
of those rights and freedoms by introducing wide definitions of the
terms ?terrorist act? and ?terrorist offenders? and by extending the
scope of the crimes falling under that law,
I. whereas no progress has been made since Parliament’s last report
in addressing the difficulties faced by religious minorities,
and whereas the expected Law on Foundations pending in the Turkish
Parliament does not seem to remove all the shortcomings identified
in the previous draft, such as the seizure of assets belonging to
religious foundations, legal personality, the right to training of
clergy and internal management, thus falling short of EU standards
and the expectations of religious communities,
J. whereas the ?Emasya? Protocol signed in 1997 between the General
Staff and the Ministry of the Interior allows, under certain
conditions, for military operations to be conducted when internal
security matters are at stake,
K. whereas the recrudescence of violence in the South East of the
country and the revival of the terrorist activities of the Kurdistan
Workers’ party (PKK) constitute a serious threat to peace, stability
and democracy in Turkey,
L. whereas a courageous and promising signal given last year by
Prime Minister Erdogan, in which he addressed the Kurdish issue,
has not yet been followed by substantial actions,
M. whereas there is lack of a comprehensive strategy on the part of the
Turkish Government for the South East region aiming at its economic and
social development, and whereas the South-Eastern Anatolia project has
to date had a very limited impact in Diyarbakir and other provinces,
N. whereas broadcasting in Kurdish has been allowed via three
broadcasters (Soz TV and Gun TV in Diyarbakir and Medya FM radio in
Urfa), and whereas, although this remains subject to time restrictions
and other constraints, represents a positive sign towards minorities
in Turkey,
O. whereas Turkey has still to implement outstanding decisions of
the European Court of Human Rights (ECHR) and whereas judgments were
delivered in 290 cases by the ECHR in 2005, 270 of which contained
a finding of at least one violation,
P. whereas the Turkish Government is a Contracting Party to the
Convention establishing the ECHR, and whereas criticism by the Turkish
Government of rulings of the ECHR in specific cases can undermine
acceptance of the rule of law among the Turkish public,
Q. whereas more than 2000 applications for asylum by Turkish citizens
were accepted by EU Member States in 2005,
R. whereas the Commission concluded in its progress report that
corruption remains a serious problem in Turkey, and whereas on
Transparency International’s 2005 Corruption Perceptions Index,
Turkey had an average score of 3,5 (on a scale of 0 "highly corrupt"
to 10 "highly clean"),
S. whereas the Turkish economy showed strong growth (around 7,4%) and
a growing volume of foreign direct investment in 2005;whereas, however,
concerns remain regarding the current account deficit, which continues
to grow, and the high unemployment rate (around 11,8% in March 2006),
T. whereas Turkey’s strategic geographic position in the region,
together with a number of translational issues (e.g. energy, water
resources, transport, border management, the fight against terrorism),
the dynamism of its economy and its human resources, enable it to
play an important role in addressing the different challenges faced
by the region,
U. whereas Turkey has not ratified or implemented the Protocol
extending the Ankara Agreement and whereas this result, inter alia,
in a continued embargo against vessels flying the Cypriot flag as
well as vessels approaching from harbours in the Republic of Cyprus,
denying them access to Turkish ports, and against Cypriot aircraft,
denying them landing rights at Turkish airports,
V. whereas, as stated in the Declaration of the European Community and
its Member States of 21 September 2005, the EU will closely monitor
and evaluate full implementation of the Ankara Protocol by Turkey
in 2006, and whereas the European Community and its Member States
have declared that failure on the part of Turkey to implement its
contractual obligations in full will affect the overall progress in
the negotiations,
Democracy and the rule of law
1. Regrets the slowing down of the reform process, as reflected in
persistent shortcomings or insufficient progress in particular in
the areas of freedom of expression, religious and minority rights,
civil-military relations, law enforcement on the ground, women’s
rights, trade union rights, cultural rights and the independence of
the judiciary;
2. Welcomes the Government’s initiative to resume the process of
legislative change by submitting to the Turkish Parliament the ninth
package of legislative reforms, including, inter alia, an Ombudsman
Law, a Law on the Court of Accounts – permitting the auditing of
military expenditure -, a Law on Foundations and measures to strengthen
the functioning of the judiciary such as the Law on Administrative
Procedures, measures to fight corruption, measures to facilitate the
functioning of minority schools and measures to increase transparency
in the funding of political parties;
3. Expects that, in order to enable the ninth package to give a truly
new impetus to the reform process, the Turkish Parliament will amend
and subsequently adopt this package of legislative reforms, bearing
in mind in particular the following:
– the functioning and independence of the judiciary will be
strengthened through appropriate measures to be included in a
Settlement Law, a Law on Administrative Procedures and a Law on
Administrative Legal Procedures;
– the Law on Foundations will remove all existing restrictions faced
by non-Muslim religious minorities as regards legal personality, the
training of clergy, work permits, schools and internal management,
and will properly address the issue of confiscated properties;
– the Law on the Financing of Political Parties will bring about a
real increase in transparency and put an end to corruption;
– any remaining competence of military courts to try civilians will
effectively be abolished;
– international agreements such as the Council of Europe Framework
Convention for the Protection of National Minorities, the European
Charter for Regional or Minority Languages and the Rome Statute of
the International Criminal Court will be signed and ratified;
4. Expects that the new Anti-Terror Law will not further restrict the
exercise of fundamental rights and freedoms – as where, for example,
meetings between a defendant and his lawyer can only take place in
the presence of a law enforcement officer – and that it will strike
the right balance between security needs and human rights guarantees;
5. Calls on Turkey to ensure equal treatment before the law to
all Turkish citizens during the whole legal process including
investigations, trial, sentencing and detention, without derogations
for Government officials, military staff or members of the security
forces;
6. Calls on Turkey to abolish or amend, at short notice, those
provisions of the Penal Code, such as Articles 216, 277, 285, 288,
301, 305 and 318, which allow for arbitrary interpretations by judges
and prosecutors leading to judgments which run counter to freedom
of expression and freedom of the press and thus constitute a threat
to respect for human rights and freedoms and negatively affect the
progress of democracy;
7. Recognises the improvements in legislation resulting from the
efforts made since 2002 by the Turkish Government as regards the policy
of zero tolerance towards torture, thereby fulfilling recommendations
of the European Parliament; stresses that more effective implementing
measures are needed, as is highlighted by the renewed increase in the
number of reported cases of torture and ill treatment, especially in
the South East, by law enforcement officials and the impunity often
enjoyed by those officials; is concerned about the quality of law
enforcement on the ground, which falls short of EU standards;
8. Recognises the improvements in legislation resulting from the
efforts made since 2002 by the Turkish Government to combat corruption
and improve conditions of detention and access to legal aid; calls
on the Turkish authorities to energetically pursue the fight against
corruption on the ground;
9. Notes that certain progress has been made as regards women’s
rights following the entry into force of the new Penal Code; stresses,
however, that non-respect for women’s rights in Turkey remains a matter
of serious concern and underlines that further efforts need to be made
to eradicate discriminatory practices and violence against women and
to provide more shelters for women in distress; calls on Turkey to
step up its efforts to ensure that women are able to assert to the
full their right to an education;
10. Expresses its deep concern over the Semdinli affair, which involved
the bombing of a bookshop, allegedly by Turkish security forces, and
the subsequent dismissal of the prosecutor Ferhat Sarikaya, which has
been investigated by the Turkish Parliament; emphasises that it has
serious concerns about the continued ? not to say resurgent ? role of
the army in Turkish society; emphasises that objective and impartial
investigations are necessary prerequisites to restoring public trust
and ensuring the credibility of the judiciary;
11. Reiterates its call for the electoral system to be reformed
by reducing the threshold of ten per cent, thereby ensuring wider
representation of political forces in the Grand National Assembly,
including predominantly Kurdish parties;
12. Recalls that it regards the drafting of a new Constitution as
a further and probably necessary reflection of the very fundamental
nature of the changes required for EU membership, and notes that a
modern Constitution may form the basis for the modernisation of the
Turkish State;
13. Strongly condemns the killing of a judge of Turkey’s highest court;
is concerned about the low level of security offered to such judges
by the police despite clear and public threats; calls on the Turkish
Government to remedy this situation;
Human rights and the protection of minorities
14. Deplores the fact that only limited progress has been reported
over the last year as regards fundamental rights and freedoms;
condemns violations of human rights and freedoms and constraints on
the exercise of those rights and freedoms;
15. Reminds Turkey of its recommendation that current human rights
inspection services be reformed by assigning their tasks to independent
inspection services, which should be given sufficient resources
to operate effectively in all regions of Turkey and empowered to
investigate any police detention facility at any time while closely
cooperating with independent Turkish human rights NGOs; stresses that
there is an urgent need to consolidate and strengthen the capacity
of institutions promoting and enforcing human rights;
16. Deplores the absence of progress in the area of freedom of
religion since Parliament’s last report; emphasises that the freedom
of citizens to practise whichever religion or be part of whichever
denomination they choose must extend to affording them similar legal
and administrative opportunities to practise their religion, organise
their communities, hold and administer community assets and train
their clergy;
17. Reiterates its call on Turkish authorities, expressed in its
previous resolutions, to fulfil their commitments regarding freedom
of religion and to take concrete steps to eradicate obstacles facing
religious minorities as regards, in particular, their legal status,
the training of clergy and their property rights (the Ecumenical
Patriarchate, for example, has suffered the expropriation of 30
properties in recent times); calls for an immediate stop to all seizure
and selling off by the Turkish authorities of properties belonging
to religious communities; calls for the immediate re-opening of the
Greek Orthodox Halki seminary and the public use of the ecclesiastical
title of the Ecumenical Patriarch; calls for the protection and
recognition of the Alevites, including the recognition of Cem houses
as religious centres, and for all religious education to be voluntary
and to cover not only the Sunni religion; calls for the protection
of the fundamental rights of all Christian minorities and communities
in Turkey (e.g. Greeks of Istanbul, Imvros and Tenedos);
18. Insists on Turkey’s obligation to ensure that the protection
of the fundamental rights of all religious communities is fully
guaranteed; demands that a revised draft of the Law on Foundations,
due to be adopted by the Turkish Parliament before its summer recess,
must reflect recommendations made by the European Parliament and the
Commission and must comply with European standards while satisfying
the expectations of the multi-religious Turkish society;
19. Reiterates its call on the Turkish authorities to apply the ILO
standards for trade union rights and to introduce further legislation
prohibiting the employment of children;
20. Welcomes the opening of broadcasting in Kurdish, which may be
regarded as an important step provided that it is followed by a
further lifting of time restrictions and other constraints, allowing
the free exercise of their cultural rights by Turkish citizens of
Kurdish origin;
South East
21. Strongly condemns the resurgence of violence on the part of the
PKK; stresses that there can never be an excuse for the violence that
has been used against Turkish citizens in various parts of the country;
expresses its solidarity with Turkey in its fight against terrorism;
22. Is deeply concerned about the resulting tensions in the South East,
which constitute a serious threat to peace and stability in the region;
calls on all parties involved in the conflict to refrain from using
violence or reacting to it with violence; considers it important not
to stretch the legal concept of terrorism in such a way as to bring
too many crimes within the scope of the Turkish Anti-Terror Law,
thereby jeopardising basic freedoms;
23. Calls on the Turkish authorities to apply European standards
for the arrest and detainment of suspects; is concerned about the
violence against children which resulted in casualties during riots
in Diyarbakir in March; notes that a new Law on the Protection of
Children adopted in July 2005 does not fully comply with international
standards as regards the provisions related to juvenile offenders;
24. Calls on the Turkish Government to pursue a democratic solution
to the Kurdish issue following Prime Minister Erdogan’s encouraging
statement of last year; considers it essential to strike a balance
between the need to control the situation as regards security,
avoiding civil-military strains, and effectively promoting the
political dialogue and the economic and social development of the
South East region through a comprehensive strategy supported by
adequate means; calls on the Turkish Government to invest in the
socio-economic development of the South East and to engage in a
constructive dialogue with peaceful interlocutors;
25. Welcomes the adoption of the Law on internally displaced people
which, if applied efficiently, can serve as an important instrument
of redress; notes however that the continued presence of village
guards and the resurgent violence is hampering the right to return;
consequently, urges the Turkish authorities to disarm the village
guards and to disband the village guard system;
Regional issues and external relations
26. Reaffirms its belief that a modern, democratic and secular Turkey
could play a constructive role in promoting understanding between
civilisations;
27. Takes note of the proposal by Turkey to establish a bilateral
committee of experts in order to overcome the tragic experience of the
past, and the position of Armenia regarding that proposal; urges both
the Turkish Government and the Armenian Government to continue their
process of reconciliation leading to a mutually acceptable proposal;
urges Turkey to take the necessary steps, without any preconditions,
to establish diplomatic and good neighbourly relations with Armenia
and to open the land border at an early date, in accordance with the
resolutions adopted by Parliament between 1987 and 2005;
28. Expresses its disappointment over the fact that, in spite of
various reminders, Turkey continues to maintain restrictions against
vessels flying the Cypriot flag and vessels approaching from harbours
in the Republic of Cyprus, denying them access to Turkish ports,
and against Cypriot aircraft, denying them landing rights at Turkish
airports; reminds Turkey that this practice constitutes a breach by
Turkey of the Association Agreement and the related Customs Union
irrespective of the Protocol, as the restrictions infringe the
principle of the free movement of goods;
29. Reminds Turkey that recognition of all Member States, including
Cyprus, is a necessary component of the accession process; urges
Turkey to fully implement the provisions stemming from the Association
Agreement and its Additional Protocol; calls on the Turkish authorities
to maintain their constructive attitude in finding a comprehensive
settlement of the Cyprus question within the UN framework, leading
to an equitable solution based upon the principles on which the EU
is founded, and, pursuant to the relevant UN resolutions, to effect
an early withdrawal of their forces in accordance with a specific
timetable;
30. Welcomes the establishment of an instrument of financial support to
encourage the economic development of the Turkish Cypriot community;
calls on the Council to make renewed efforts to reach an agreement on
trade facilitation regulation concerning the northern part of Cyprus;
Negotiations
31. Reminds Turkey that the Council decision requires the Commission
to report in 2006 on the full implementation by Turkey of the Ankara
Protocol, and that a lack of progress in this regard will have serious
implications for the negotiation process and could even bring it to
a halt;
32. Expects that, in line with its previous resolutions and the
position taken by the Council and the Commission, the short-term
priorities set out in the Accession Partnership will be accomplished
before the end of 2007 and the medium-term priorities before the
end of 2009; underlines that priority should be given to the full
implementation of the political criteria in the first phase of the
negotiations and that attaining these clear targets is a condition
for a continuation of the negotiation process;
33. Welcomes the proposal by the EU Presidency that the political
criteria be addressed throughout the negotiation process, starting
with the chapter covering education and culture; deeply regrets that
no consensus has been reached on this proposal and that the political
criteria will therefore only be addressed during the negotiations on
certain policy areas; stresses that this makes it even more essential
to respect the agreed terms for the achievement of the short and
medium-term priorities in the Accession Partnership (before the end of
2007 and the end of 2009 respectively) so as to safeguard the necessary
political reforms and the credibility of the accession process as such;
34. Stresses that, in Turkey’s own interests and in order to
maintain confidence in the irreversibility of the reform process,
it is important that the reforms be given impetus from within the
country by the authorities themselves and are not merely the result
of pressure from outside Turkey;
35. Stresses that the opening of negotiations is the starting point
for a long-lasting process, which by its very nature is an open-ended
process and does not lead a priori and automatically to accession;
36. Considers that, regardless of whether or not negotiations are
successfully concluded, relations between the EU and Turkey must
ensure that Turkey remains fully anchored in European structures;
37. Recalls that the EU’s capacity to absorb Turkey while maintaining
the momentum of integration is an important consideration in
the general interest of both the EU and Turkey; regrets that the
Commission has not been able to deliver the follow-up to the impact
study in 2005; asks that it be provided with the follow-up to the
impact study in 2006;
38. 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 and the Government
and Parliament of Turkey.
[1] Texts Adopted, P6_TA(2005)0350.
[2] Texts Adopted, P6_TA(2006)0096.
[3] OJ C 226 E, 15.9.2005, p. 189.
[4] Texts Adopted, P6_TA(2005)0287.
[5] OJ L 22, 26.1.2006, p. 34.
[6] OJ L 65, 7.3.2006, p. 5.
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