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Kurdiska
EU-Projekt
MOTION
FOR A EUROPEAN PARLIAMENT RESOLUTION
on Turkey's progress towards
accession
(2006/2118(INI))
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 (A6‑0269/2006),
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.
<Date>{11/07/2006}11.7.2006</Date>
OPINION OF THE
COMMITTEE ON WOMEN'S RIGHTS AND GENDER EQUALITY
<CommissionInt>for
the {AFET}Committee
on Foreign Affairs</CommissionInt>
<Titre>on
Turkey's progress towards accession</Titre>
<DocRef>(2006/2118(INI))</DocRef>
Draftswoman:
<Depute>Emine
Bozkurt</Depute>
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:
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,
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,
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;
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;
European Parliament on women's
rights and on the role of women in Turkey in social, economic and
political life;
eliminate the obstacles women continue to face in
gaining access to education and ensure equal access for them;
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;
Calls on the Turkish Government to ensure that
marriages are registered legally throughout the country;
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.
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