European Report
September 14, 2005

EU/TURKEY: ANKARA MAKING HUMAN RIGHTS PROGRESS BUT PROBLEMS REMAIN,
SAYS REHN

Turkey has made progress on human rights but there are still blots on
its copybook. That was the message from EU Enlargement Commissioner
Olli Rehn, appearing before the European Parliament’s Foreign Affairs
Committee on September 13.

Commissioner Rehn said the “overall trend” in Turkey on human rights
was positive. He referred to the entry into force in June of a new
penal code and five other pieces of legislation relevant to the human
rights situation and the rule of law. He added that reforms were
being gradually implemented and that there were “increasing signs”
that the judiciary was enforcing them in areas such as torture and
ill-treatment.

But Mr Rehn also said that there were still some ‘refusniks’ in the
Turkish judiciary resisting the reform process, and certain worrying
cases which he described as “road accidents which we cannot consider
positively”. He referred in particular to the prosecution of the
writer Orhan Pamuk, who faces jail for comments he made about
Turkey’s killing of Armenians and Kurds and alleged “public
denigration” of Turkish identity.

Mr Pamuk is due to stand trial on December 16 – a fact Mr Rehn judged
more a provocation than a coincidence, as the date will be exactly
one year on from when EU leaders agreed in late 2004 that accession
negotiations with Turkey should be opened on October 3 this year.

Mr Rehn noted that a European Commission progress report due out on
November 9 would look at the human rights situation in Turkey,
including the rights of women, trade unions and non-Muslims. Turkey’s
reform resolve on political matters such as human rights will no
doubt influence the pace of negotiations once they get underway.

Cyprus.

On the thorny subject of Turkey’s recognition of Cyprus, Mr Rehn
indicated that Turkey would have to formally recognise all EU member
states by the time it joins the EU. Such a formula is reportedly the
subject of a behind-the-scenes Anglo-French compromise deal on the
recognition problem to allow the accession talks to go ahead as
planned. As it stands, Turkey only recognises the Turkish Cypriot
authorities on the north of the divided Mediterranean island.

The Commissioner told MEPs that full and formal recognition by Turkey
would have to take place and the sooner the better. At the same
stage, he underlined the importance of finding a comprehensive
settlement to the division of Cyprus under the auspices of the United
Nations. Turkey has indicated that there would be no change on the
recognition question until there was such a settlement. Mr Rehn also
remarked that it would be a miserable failure for all concerned if
the Cyprus problem could not be settled by the time Turkey joined the
EU.

Indeed, Turkish membership – if that eventually wins out over calls
in certain quarters for a weaker ‘privileged partnership’ with Ankara
– is a long way off in any event. Mr Rehn reckons that negotiations
could take 10-15 years. And there are effectively 71 moments when a
member state could ‘veto’ the process, as unanimous decisions are
required for opening and closing all 35 ‘chapters’ – or subject areas
– of the talks and for wrapping up the negotiations overall.

Moreover, if Turkey does not grant access to Cypriot ships and
aircraft under its customs union with the EU, this could prevent the
opening of relevant negotiating chapters such as customs union or
internal market. “If you can’t open these, you don’t make progress in
the negotiations, it’s as simple as that”, Mr Rehn cautioned.

Counter-declaration and framework.

Meanwhile, EU ambassadors were due to meet in their Committee of
Permanent Representatives (COREPER) on September 14 to continue
discussions on an EU ‘counter-declaration’ to respond to Turkey’s
recent controversial statement that it did not recognise (Greek)
Cyprus. Ankara’s declaration – characterised as regrettable by Mr
Rehn – is one of the issues that must be dealt with before the
planned October 3 start of accession talks.

EU member states must also agree the negotiating framework that lays
down the procedures and methodology for the talks. Mr Rehn described
the framework already proposed by the Commission as “rigorous but
fair”. He warned member states not to seek sweeping alterations to
the proposal as substantial changes could upset the “delicate
political balance” reached in EU leaders’ December 2004 conclusions.