THE TEXT OF THE EUROPEAN PARLIAMENT’S REPORT ON TURKEY

Assyrian International News Agency
Sept 12 2006

(AINA) — The following is the text of the European Parliament’s report
(summary) on Turkey, which calls for the recognition of the Turkish
genocide of Assyrians, Greeks and Armenians during World War One.

Turkey has rejected the report, saying that it lacked "common sense
and smacked of political bias."

EUROPEAN PARLIAMENT

2004 2009

Session document FINAL A6-9999/2006 8.9.2006

REPORT

on Turkey’s progress towards accession (2006/2118(INI))

Committee on Foreign Affairs Rapporteur: Camiel Eurlings

CONTENTS

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

OPINION OF THE COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY

PROCEDURE

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 , having regard to
its resolution of 16 March 2006 on the Commission’s 2005 enlargement
strategy paper (2005/2206(INI)) , 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 ,
having regard to its resolution of 6 July 2005 on the role of women
in Turkey , 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 , 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, 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 24 January 2006, having regard to
the position paper of the European Union tabled on the occasion of
the 45th meeting of the EC-Turkey Association Council of 12 June 2006,
having regard to the Presidency Conclusions of the European Council,
15-16 June 2006, having regard to Rule 45 of its Rules of Procedure,
having regard to the report of the Committee on Foreign Affairs and
the opinion of the Committee on Women’s Rights and Gender Equality
(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, and one
chapter, "Science and Research", has been opened and provisionally
closed during the Accession Conference of 12 June 2006,

B. whereas the advancement of the negotiations will have to depend
on 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, to be supported by both
sides of the island,

C. whereas compliance with all the Copenhagen criteria has always
been the basis for accession to the EU and should remain so for
future accessions,

D. whereas the European 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 effective and 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, whilst recognising that the impetus for successful reform
must be firmly rooted in Turkish government and society, so as to
guarantee 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, political freedoms,
minority rights, language and cultural rights, and the further
strengthening of the fight against torture and ill-treatment, and
the swift and correct enforcement of court rulings by State services,

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, the
journalist Perihan Maðden, charged under Article 118 of the Turkish
Penal Code for "discouraging the people from military service", the
journalist Murat Belge and others, such as the human rights activist
Eren Keskin, have been sentenced; whereas the writer Perihan Maðden is
currently being prosecuted because she is accused by the Turkish army
of attempting to turn citizens against military service, on account
of an article in which she noted that conscientious objection is a
human right and recognised as such by all the EU Member States and
the Council of Europe,

H. whereas Turkey has still not acknowledged the genocide perpetrated
against the Armenians despite numerous calls from the European
Parliament and several Member States,

I. whereas international conventions for the elimination of terrorism
should be carefully taken into account when drafting new legislation
against terrorism,

J. whereas the definition of terrorist crimes should be brought into
line with international norms and standards, notably the principle of
legality as required by Article 15 of the International Covenant on
Civil and Political Rights, a provision that allows for no derogation
even during states of emergency,

K. whereas the recently adopted Anti-Terror Law is specifically
contrary to the advice of the U.N. Human Rights Council Special
Rapporteur on Terrorism, and undermines previous reforms in the field
of fundamental freedoms and human rights by reintroducing elements that
had been cancelled during previous reforms, and whereas it 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;
whereas Turkey, like the EU, should seek to prevent security matters
from curtailing citizens’ freedoms, an EU-wide common concern that
has been increasingly apparent since the Tampere European Council and
was demonstrated more recently by the advent of the Hague Programme,

L. 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 both of religious communities and generally of
non-governmental organisations necessary for a diverse and independent
civil society,

M. 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,

N. whereas the resurgence of violence in the South East of the country
and the revival of the terrorist activities of the Kurdistan Workers’
Party (PKK), followed by large-scale rise in military operations,
constitute a serious threat to peace, stability and democracy
in Turkey, and emphasising that action against terrorism must be
proportionate to the threat and always respect international human
rights law,

O. 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,

P. whereas there is a lack of a comprehensive strategy on the
part of the Turkish Government for the South East region aiming
at its political, economic and social development, and whereas the
South-Eastern Anatolia project has to date had a very limited impact
in Diyarbakir and other provinces,

Q. whereas it is a positive signal to other ethnic groups in Turkey
that broadcasting in Kurdish has been allowed via three broadcasters
although this remains subject to time and programming restrictions,

R. whereas Turkey has still to implement outstanding decisions of
the European Court of Human Rights (ECHR), including those concerning
Cyprus, and whereas judgments were delivered in 290 cases by the ECHR
in 2005, 270 of which contained a finding of at least one violation,

S. 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,

T. whereas more than 2000 applications for asylum by Turkish citizens
were accepted by EU Member States in 2005,

U. 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"),

V. whereas the Turkish economy showed strong growth (around 7,6%) 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 10,9% in March 2006),

W. whereas Turkey’s strategic geographic position in the region,
together with a number of transnational 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,

X. whereas Turkey’s cultural and historical background puts the
country in a position to act as a bridge-builder between Europe and
the Islamic world,

Y. whereas Turkey’s geostrategic situation, NATO membership and
relationship with the Islamic world may represent a security policy
asset for Europe,

Z. whereas Turkey has signed, but not ratified or implemented, the
Protocol extending the Ankara Agreement and whereas this results,
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 flying rights over Turkey and landing rights
at Turkish airports,

AA.whereas, as stated in the Declaration of the European Community
and its Member States of 21 September 2005 and in the conclusions of
the European Council of 15-16 June 2006, the EU will closely monitor
and evaluate full, non-discriminatory 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,

AB.whereas Turkey continues to exert an unjustifiable blockade
against Armenia; whereas this blockade threatens the stability of the
region, hampers good-neighbourly regional development and breaches the
priorities of the revised Accession Partnership and the requirements
of the Negotiation Framework,

Democracy and the rule of law

1. Welcomes that the active phase of the accession negotiations
between Turkey and the European Union has begun with the opening and
provisional closure of the "Science and research" chapter; regrets,
however, the slowing down of the reform process over the last year,
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
swift and correct enforcement of court rulings by State services;
urges Turkey to reinvigorate the reform process;

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. Emphasises that in a democracy draft legislation touching upon
questions of fundamental rights and freedoms should be discussed openly
and transparently and that civil society should be fully involved in
these debates at all stages;

4. 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 religious minorities as regards
legal personality, the training of clergy, work permits, schools and
internal management, will properly address the issues of confiscated
properties and the institution of proceedings for damages against
the State for failure to enforce court rulings, and will allow full
freedom of association, thus supporting the principle of pluralistic,
independent and self-confident civil society; 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, the Rome Statute of the International Criminal
Court and the United Nations Convention on the Law of the Sea of 10
December 1982 will be signed and ratified; the legislative process
in general and the implementation of the ninth package in particular
are best served by constant and structural engagement of NGOs;

5. Takes note of the adoption on 30 June 2006 of the new Anti-Terror
Law; calls on the Turkish authorities to ensure that its implementation
will not further restrict the exercise of fundamental rights and
freedoms and that it will strike the right balance between security
needs and human rights guarantees; underlines in particular the
importance of a strict and restricted definition of terrorist acts,
of full guarantees for freedom of expression and freedom of the media,
including the freedom to defend all causes through democratic means,
of proportionate sentences for terror crimes, of full rights of the
defence according to European standards, of full accountability for
crimes committed by security forces or intelligence officials and of
extreme caution in the authorisation for law enforcement agents to
use fire-arms;

6. Notes that if a continued need exists to classify some organisations
linked to terrorist crimes as terrorist organisations, with adverse
legal consequences, the procedure for such classification should be
transparent and objective, and the organisations concerned should be
able to appeal to an independent judicial body;

7. Recognises the importance of the Act on Compensation of Victims
of Terrorism, which extends to victims of acts of terrorism as
well as to victims of counter-terrorism operations by the State;
regrets that the Law does not fully meet expectations because the
loss assessment commissions under the Law are ill-equipped to fulfil
their tasks appropriately;

8. 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; stresses that in the fight against impunity and in order to
build public trust in law enforcement, it is important that the grounds
on which officials charged with crimes are detained and arrested are
the same as those applying to other criminal suspects;

9. 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;

10. 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; encourages Turkey to ratify the Optional
Protocol to the Convention against Torture; is concerned about the
quality of law enforcement on the ground, which falls short of EU
standards;

11. In order to combat any remnants of impunity and to strengthen the
international protection of human rights, stresses the importance of
the ratification by Turkey of the Rome Statute of the International
Criminal Court;

12. Recognises the improvements in legislation resulting from the
efforts made since 2002 by the Turkish Government to combat corruption;
calls on the Turkish authorities to energetically pursue the fight
against corruption on the ground; recalls the recommendations issued
by the Group of States against Corruption in March 2006 and encourages
Turkey to follow and implement them;

13. Regrets that no functioning system for the monitoring of places
of detention by independent human rights institutions exists in the
country to date;

14. 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, in
cooperation with women’s organisations in civil society and supported
by adequate funding; calls on Turkey to step up its efforts to ensure
that women are able to assert to the full their right to an education
and employment opportunities; notes some progress in the fight against
honour crimes since the penalty has been raised to a life sentence,
but expresses its concern over the rapid increase in alleged suicides
of women in South-East Turkey; welcomes in this context the awareness
campaigns organised by NGOs and the press in Turkey;

15. Calls on the Turkish authorities to engage in a constant dialogue
with the European Parliament on women’s rights in Turkey and to take
note in this regard of the second resolution on the role of women in
Turkey in social, economic and political life, due to be debated in
2006 in the European Parliament;

16. Notes that women make up 50% of all university graduates and 40%
of professional classes including lawyers and doctors,

17. Expresses its deep concern over the Þemdinli 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; calls,
therefore, for the publication of the investigation report of the
Turkish Grand Assembly;

18. Maintains that clear-cut constitutional separation of civil and
military political and institutional roles in Turkey is a condition
that has to be fulfilled if there is to be serious talk of Turkish
accession to the EU;

19. 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 and minorities in the Grand National
Assembly; welcomes in this light the current debate on reforms of
the electoral system;

20. 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;

21. 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;

22. Condemns the recent bomb attacks in different cities in Turkey;
expresses its condolences to the victims of these and previous attacks;

23. Calls on the Turkish government to apply the EU environmental
standards to projects that are expected to result in possible damage
to the environment, such as the proposed gold mine in Bergama and
other comparable mining projects, and Yortanli dam, which is currently
under construction, and other dam projects planned in Munzur valley
and Yusufeli in Rize province, which could result in the destruction
of historically important landscapes such as Hasankeyf and Allionoi;
Human rights and the protection of minorities

24. 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;

25. Reiterates the need for Turkey to comply with the European
Convention for the Protection of Human Rights and Fundamental Freedoms,
including full and timely execution of all judgments of the European
Court of Human Rights;

26. Is concerned by the number of asylum-seekers originating from
Turkey to the industrialised states during the year 2005; takes
this to be an indication of Turkish under-performance either in
the maintenance of its own borders or in the fields of justice,
tolerance and the safeguarding of human rights; at the same time,
recognises the progress made over the period from 2001 to 2005 in
reducing by 65% the number of asylum-seekers originating from Turkey,
to just over 10,000 in 2005;

27. 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; welcomes cooperation
by Turkey with the UN Human Rights Council (UNHRC) Special Rapporteur
on Torture and calls on Turkey to maintain a standing invitation to
all UNHRC special procedures;

28. 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;

29. Respects the sensitivities that exist in a country where the
large majority are Sunni Muslims but reminds Turkey of the important
cultural and historic heritage handed down to it for safe-keeping by
the multicultural, multi-ethnic and multi-religious Ottoman Empire;

30. Roundly condemns the murder of Father Andrea Santoro, an Italian
priest and missionary;

31. 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; calls for the protection and recognition of the Yezidis and
the establishment of Yezidi, places of prayer, and for all religious
education to be voluntary and to cover not only the Sunni religion,
and for the establishment of an alternative subject, for those who
do not wish to take part in religious instruction, in which values,
standards and ethical issues are discussed; calls for the protection
of the fundamental rights of all Christian minorities and communities
in Turkey (e.g. Greeks of Istanbul, Imvros and Tenedos);

32. Calls on the Turkish authorities to fully respect and implement
all decisions handed down by, and to comply with the case-law of,
the International Court of Justice;

33. 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 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;

34. Notes that an important discussion on headscarves is going on
within Turkish society; points out that there are no European rules
in this matter, but expresses its hope that a compromise will be found
in Turkey on the wearing of headscarves by students at universities;

35. Reiterates its call on the Turkish authorities to apply the ILO
standards for trade union rights, refrain from political interference
in the functioning of trade unions, take them into account in the
policy-making process and pay special attention to the participation of
women in the labour market, and, while welcoming recent successes such
as a project in Adana against child labour, calls for the introduction
of further legislation prohibiting the employment of children;

36. 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 all restrictions and constraints ­ including specialist
programming produced by and for Kurdish communities, allowing the
free exercise of their cultural and educational rights by the Kurds;

37. Recalls that the European Court of Human Rights advised Turkey to
prepare a new legal framework for conscientious objectors and reminds
Turkey that the right to conscientious objection is recognised in
the European Charter of Fundamental Rights; therefore welcomes
the initiative by the Ministry of Justice to legalise the right
to conscientious objection and to propose the introduction of an
alternative service in Turkey; is concerned that in a recent judgment
of the Turkish military court a conscientious objector to military
service was sentenced to imprisonment and that the military court
openly declined to follow a relevant ruling of the European Court of
Human Rights; condemns the on-going persecutions of journalists and
writers who have expressed their support for the right of conscientious
objection to military service;

38. Strongly supports the activities of Turkey’s democratic civil
society, first and foremost the ‘Turkish Human Rights Association’
and the ‘Turkish Human Rights Foundation’; recognises that democratic
organisations of this kind do invaluable work, especially in monitoring
the human rights situation;

39. Calls on the Commission to provide comprehensive and resolute
support, especially from the financial point of view, for the
activities of the above-mentioned democratic organisations representing
Turkish civil society;

40. Strongly condemns the xenophobic and racist ‘Talaat Pacha
committee’, run by extreme right-wing organisations, for gravely
infringing European principles, and the denialist demonstrations
in Lyon and Berlin organised by those same organisations; calls on
Turkey to abolish this committee and to end its activities;

South East

41. Strongly condemns the resurgence of terrorist 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 by any party involved in the conflict; expresses its
solidarity with Turkey in its fight against terrorism;

42. Notes that a great many civil society representatives are at
present still being tried and are subjected to intimidation every
day, one victim being Mehdi Zana, husband of the European Parliament
Sakharov prizewinner Leyla Zana; calls on the Turkish Government
to lift the restrictions still imposed on these representatives of
Turkey’s democratic civil society;

43. Is deeply concerned about the resulting tensions in the South
East, which constitute a serious threat to peace and stability in the
region; stresses the importance of the further progress in reducing
the tensions in Eastern and South-Eastern Turkey which needs to
be accomplished in order to ensure that reforms are sustainable and
credible; 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
non-terrorist crimes within the scope of the Turkish Anti-Terror Law,
which defines terrorism on the basis of its purpose or aims rather
than referring to specific criminal acts, which is formulated vaguely
and in very broad terms, and which thereby jeopardises basic freedoms;

44. Calls on the Turkish authorities to apply European standards
for the arrest and detainment of suspects; calls on the Turkish
authorities to allow full access by independent pathologists in
the case of deaths in custody or as a result of alleged violence by
security forces; 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;

45. 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, to address the disparities between
the national average and the East and South-East in, inter alia,
unemployment, access to education, and housing and health care and
to engage in a constructive dialogue with peaceful interlocutors;
calls on the elected representatives of the Kurdish community to
respond positively to any such dialogue with the Turkish government,
upholding firmly the principle of non-violence; recalls in this
context the importance of allowing elected Kurdish representatives to
participate more strongly in the democratic process by appropriate
means such as reducing the electoral threshold; emphasises the need
for the establishment of an efficient decentralised administration;

46. Expresses its belief that the necessary financial means for such
an investment and development programme for the South East cannot
be met by Turkey alone and should therefore be raised in a broader
international framework; calls on the Turkish government and the
European Commission to examine the extent to which EU pre-accession
assistance could be used in this context;

47. 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

48. Reaffirms its belief that a modern, democratic and secular Turkey,
whilst progressively aligning itself with the policies of the EU Member
States, could play a constructive and stabilising role in promoting
understanding between civilisations and between the European Union
and countries in the region surrounding Turkey, particularly in the
Middle East; welcomes in this respect the decision of the Turkish
government to participate in the UN peace-keeping forces in Lebanon;

49. Reiterates its call on Turkey to acknowledge the Armenian genocide,
as called for in previous European Parliament resolutions of 15
December 2004 and 28 September 2005; considers such acknowledgement
to be a precondition for European Union accession;

50. 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; welcomes that, with the recent debates in Turkey, at least a
start has been made with the discussion on the painful history with
Armenia; stresses that, although the recognition of the Armenian
genocide as such is formally not one of the Copenhagen criteria, it
is indispensable for a country on the road to membership to come to
terms with and recognise its past; calls in this respect on the Turkish
authorities to facilitate the work of researchers, intellectuals and
academics working on this question, ensuring them the access to the
historical archives and providing them with all the relevant documents;
urges Turkey to take the necessary steps, without any preconditions,
to establish diplomatic and good neighbourly relations with Armenia,
to withdraw the economic blockade and to open the land border at an
early date, in accordance with the resolutions adopted by Parliament
between 1987 and 2005, thereby fulfilling the Accession Partnership
priorities and the requirements of the Negotiation Framework on
‘peaceful settlement on border disputes’ which are both mandatory for
EU accession; a similar position should be adopted for the cases of
other minorities (e.g. the Greeks of Pontos and the Assyrians);

51. Calls on Turkey to commit itself to good neighbourly relations;
reminds Turkey in this context that it should refrain from any
threats against neighbouring countries (e.g. the "casus belli"
threat against Greece concerning its right to determine the extent
of its territorial waters), as well as from tension-prone military
activities (e.g. continuous violations of the Athens FIR rules and of
Greek national airspace) which also threaten air-navigation safety,
affect good neighbourly relations and could negatively influence
the accession process; calls on Turkey to engage in serious and
intensive efforts for the resolution of outstanding disputes with all
its neighbours, in accordance with the UN Charter and other relevant
International Conventions; as stated in the conclusions of the Helsinki
European Council and in the short-term priorities of the Accession
Partnership, failing a settlement, outstanding delimitation issues
(e.g. delimitation of the Aegean sea continental shelf) should be
brought before the International Court of Justice, with a view to a
final and compulsory settlement;

52. Expresses its disappointment over the fact that, in spite of its
contractual obligations, 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 flying rights over
Turkey and landing rights at Turkish airports; reminds Turkey that
this practice constitutes a breach by Turkey of the Association
Agreement, the related Customs Union and the Additional Protocol,
as the restrictions infringe the principle of the free movement of
goods; seeks to work with the Turkish authorities to enable them to
comply in full with their obligations in this respect without seeking
to exacerbate domestic political tensions contrary to the interest of
long-term reconciliation for Cyprus; regrets that Turkey maintains
its veto against the participation of the Republic of Cyprus in
international organisations and in multilateral agreements;

53. Urges Turkey to take concrete steps for the normalisation of
bilateral relations between Turkey and all EU Member States, including
the Republic of Cyprus, as soon as possible; in this context, recalls
the Council’s Declaration of 21 September 2005;

54. Notes the current difficulties in EU-NATO cooperation and calls
upon Turkey to reconsider its position towards including all EU
Member States;

55. Reminds Turkey that recognition of all Member States,
including the Republic of Cyprus, is a necessary component of the
accession process; calls upon Turkey to take concrete steps for the
normalisation of bilateral relations with the Republic as soon as
possible; urges Turkey to fully implement the provisions stemming
from the Association Agreement and its Additional Protocol as well
as the priorities stemming from the Accession Partnership; calls on
the Turkish authorities to maintain their constructive attitude in
finding a comprehensive settlement of the Cyprus question within the
UN framework, acceptable to both Greek Cypriots and Turkish Cypriots,
leading to an equitable solution based upon the principles on which
the EU is founded, as well as on the acquis, and, pursuant to the
relevant UN resolutions, to effect an early withdrawal of their forces
in accordance with a specific timetable; welcomes the meeting between
Mr Papadopoulos and Mr Talat on 3 July, which led to the agreement
of 8 July; encourages further contacts in order to pursue dialogue
which should lead to a comprehensive settlement;

56. Calls on both parties to adopt a constructive attitude in finding a
comprehensive settlement of the Cyprus question within the UN framework
and based upon the principles on which the EU is founded;

57. Points out that the withdrawal of Turkish soldiers could
facilitate the resumption of substantive negotiations and, pursuant
to the relevant UN resolutions, calls on the Turkish government to
effect an early withdrawal of Turkish forces in accordance with a
specific timetable;

58. Welcomes the establishment of an instrument of financial support
to encourage the economic development of the Turkish Cypriot community
following the General Affairs Council of 27 February 2006; supports
the Commission in its efforts to implement these funds; calls on
the Council to make renewed efforts to reach an agreement on trade
facilitation regulation concerning the northern part of Cyprus without
undue delay, including further attention to possible joint control of
the Port of Famagusta under the aegis of the EU and UN, in accordance
with the unanimous General Affairs Council decision of 27 February
2006, taking into account the Council conclusions of 26 April 2004
but also the consultations held under the Luxembourg Presidency and
Protocol No 10 to the Act of Accession of the Republic of Cyprus,
and calls on the Governments of Cyprus and Turkey to undertake new
initiatives to strengthen the ties between the two communities,
thereby building mutual trust;

59. Welcomes positive developments in the Turkish economy registering
a high level of growth (around 7.6 % in 2005) and an important and
growing volume of foreign direct investment (FDI); however, remains
concerned about the current account deficit, which continues to widen,
and a high unemployment rate (around 10.9 % in March 2006); calls on
the Turkish government to pursue efforts to transform the positive
dynamics into sustained growth and macro-economic stability while
seeking to diminish significant regional disparities in socio-economic
development in terms of income, health, access to education, labour
market and other living conditions (per capita income in the Istanbul
region being 43% higher than the national average and about 4 times
per capita income in the poorest region);

60. Notes that, despite the overall success of the Customs Union, there
are a number of long overdue, unfulfilled commitments by Turkey related
in particular to existing technical barriers to trade, for example a
ban on imports of beef meat, lack of alignment in the area of State aid
and serious gaps in the enforcement of intellectual property rights;
urges Turkey to make immediate progress in this area and reminds it on
the need to respect its obligations under the Customs Union agreement;

Negotiations

61. 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;

62. Regrets that Turkey continues to oppose Cyprus’s membership of
international organisations and mechanisms such as the OECD, MTCR,
Black Sea Cooperation and the Wassenaar Arrangement; calls upon
Turkey to change this policy towards the Republic of Cyprus as soon
as possible;

63. Stresses the need to intensify the EU-Turkey energy security
dialogue, given that diversification of energy supply routes is in
the interests of both parties;

64. 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;

65. 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;

66. 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, both civilian and military,
as well as by civil society and are not merely the result of pressure
from outside Turkey;

67. Considers it equally important for the Turkish government to
undertake an increased effort to explain to the public that the process
of Turkey’s accession to the Union implies a continuous domestic reform
process in which the yardstick for success is not the fulfilment of
certain individual measures but the attainment of a European standard
with respect to democratisation and political liberalisation, in order
to change not just certain practices but public and official mindsets;

68. Takes note of the intention of the Turkish government to proceed
with the construction of nuclear reactors for the production of
nuclear energy for civilian purposes; urges the Turkish government
to commit itself to the full respect of the terms and conditions set
by the International Atomic Energy Agency and to closely cooperate
with it for the safety of the reactors as well as protection of the
environment; within this framework, calls on the European Commission
to strictly monitor the implementation of the acquis communautaire
during the accession negotiations;

69. 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;
emphasises, however, that the objective of the negotiations is Turkish
EU membership but that the realisation of this ambition will depend
on the efforts of both sides;

70. Reiterates that, in case of a serious and persistent breach of
the principles of democracy, respect for human rights and fundamental
freedoms, the rule of law and the principles of international law,
the Commission could recommend the suspension of negotiations to the
Council, which will decide by a qualified majority;

71. 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;

72. 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; considers it of paramount importance that the European
Union puts in place the institutional and financial preconditions
in due time for Turkey’s accession; recalls in this respect that the
Nice Treaty is not an acceptable basis for further decisions on the
accession of any more new Member States and therefore insists that
the necessary reforms be brought into force within the framework of
the constitutional process; recalls that the budgetary impact of
Turkey’s accession can only be fully assessed in the framework of
the financial perspectives from 2014 onwards; looks forward, in this
regard, to the report the European Commission is to present on the
Union’s absorption capacity before the December 2006 European Council;

73. Emphasises that, unlike in previous negotiations, in the case of
Turkey it would be necessary to inform the European public continuously
and intensively about the negotiations themselves and Turkey’s progress
in this regard;

74. 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.

11.7.2006

OPINION OF THE COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY

for the Committee on Foreign Affairs on Turkey’s progress towards
accession (2006/2118(INI))

Draftswoman: Emine Bozkurt

SUGGESTIONS

The Committee on Women’s Rights and Gender Equality calls on the
Committee on Foreign Affairs, as the committee responsible, to
incorporate the following suggestions in its motion for a resolution:

A. whereas, although the legal reforms in Turkey in the area of
women’s rights go a long way in implementing the acquis, translating
the reforms into practice remains a serious problem,

B. whereas the Commission’s progress report identifies the following
areas of concern as regards the situation of women: violence against
women, particularly domestic violence and crimes of honour, forced
marriages, the high illiteracy rate and lack of appropriate access to
education, the low level of participation by women in parliament and
in local representative bodies, and the low level of participation
and prevailing discrimination in the labour market,

C. whereas, in some regions in Turkey, newborn children are not
registered immediately, and whereas, by means of the practice of
later registration, the age of young women can be arbitrarily fixed
and under-age girls can be declared to have reached majority, thereby
providing ‘de facto’ legitimation for forced marriages,

1. Stresses that respecting human rights, including women’s rights,
is a conditio sine qua non for membership of the European Union and
calls on the Commission to make the issue of human rights, including
women’s rights, central to the agenda for the negotiations with Turkey;

2. Commends the Turkish Government and parliament on the legislative
reforms relating to the situation of women in the fields of the
Constitution, the Civil and the Penal Code and the Labour Code;
expresses its concern regarding application of the reforms and
urges the government to direct more attention to implementation of
the legislation;

3. Calls on the government to provide women who are victims of violence
or are at risk of violence with healthcare and legal support and
protection and more and better shelters, and to provide telephone
help lines to report violence and request support;

4. Reiterates its demand to the Commission to present Parliament
with a full report concerning the brutality of the Turkish police in
Istanbul on 6 March 2005 during the demonstration to mark International
Women’s Day;

5. Calls on the Turkish authorities to engage in a constant dialogue
with the European Parliament on women’s rights and on the role of
women in Turkey in social, economic and political life;

6. Calls on the Turkish Government to eliminate the obstacles women
continue to face in gaining access to education and ensure equal
access for them;

7. Calls on the Commission, in the accession negotiations with Turkey,
to press for steps to be taken to ensure that newborn children
are registered immediately, thereby putting an end to any illegal
practices, in particular that of applying to Turkish family courts to
have girls’ ages increased so that they can officially be declared
to have reached majority, with a view to avoiding prosecution for
forcing girls into marriage;

8. Calls on the Turkish Government to ensure that marriages are
registered legally throughout the country;

9. Calls on the Turkish Government to implement a global strategy
for the promotion of gender equality and the protection of women’s
rights across the spectrum of its policies and in cooperation with
political parties, social partners, NGOs and the media.

–Boundary_(ID_16HrV5AvEUc+SxqPs45wGA)–

From: Emil Lazarian | Ararat NewsPress