GOT "SATISFIED" WITH EU REPORTS, DESPITE CONCERNS

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SIPDIS

SIPDIS

DEPARTMENT FOR EUR/SE

E.O. 12958: DECL: 11/16/2015
TAGS: PGOV PREL PHUM OSCE EU TU
SUBJECT: GOT "SATISFIED" WITH EU REPORTS, DESPITE CONCERNS

Classified by Polcouns Janice G. Weiner; reasons 1.4 b and d.


1. (C) Summary: MFA contacts say the November 9 EU reports on
Turkey are acceptable to the GOT, although they have some
objections to language relating to Greek Cypriot access to
Turkish ports, minority language rights, and religious
freedom. GOT leaders have been more supportive of the
reports than in past years, and press criticism has been more
restrained. Military contacts, however, have told us
privately they are unhappy with the reports, which call for
further reductions in the political influence of the armed
forces. For the first time, the EU reports characterized
Turkey as a "functioning market economy," one of the
requirements of accession. End Summary.

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GOT "Satisfied" With Reports...
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2. (U) The European Commission on November 9 released two key
reports relating to Turkey's candidacy: 1) the annual
Progress Report, which outlines where Turkey stands in its
efforts to meet the political and economic criteria for
accession; and 2) the Commission's proposed update to the
Accession Partnership Agreement, which establishes benchmarks
for Turkey to meet in order to advance its candidacy. The EU
updates the Partnership Agreement periodically, to take into
account reforms adopted by a candidate state and to set new
goals. The EU adopted the previous Agreement for Turkey in
May 2003. Unlike the Progress Report, the Partnership
Agreement is subject to EU Council approval.


3. (C) Contacts at the MFA and the Secretariat General for EU
Affairs tell us they are satisfied with the reports, although
they have some objections. "There is nothing there that we
can't live with," said Kaya Turkmen, MFA DDG for EU affairs.
However, officials at the Turkish General Staff (TGS) have
indicated to us that at least some in the military are
unhappy with the reports, which raise questions about the
role played by military leaders in political debates.


4. (U) GOT leaders have been less publicly critical of the
reports than in past years, when they bitterly objected to
some of the report language. FM Gul told journalists the
reports contain some "unreasonable demands," but added that
there is nothing in the documents that could block Turkey's
progress toward accession. Press reaction has also been less
sharply critical than in the past. In the run-up to November
9, some media outlets warned of "harsh criticism" and "new EU
demands" to be contained in the reports. However, when the
actual texts proved to be less negative than described, the
criticism faded. A number of columnists and TV commentators
were supportive, calling on the GOT to address the issues
raised by the EU.

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...But Has Concerns
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5. (C) Ahmet Dogan, political affairs director at the
Secretariat General for EU Affairs, told us the GOT is

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concerned about several aspects of the EU reports, including:

-- Cyprus: The European Commission in its reports calls on
Turkey to "implement fully" the Ankara Agreement Extension
Protocol. Dogan said EU officials have made it clear in
face-to-face meetings that, in their view, Turkey must allow
Greek Cypriot vessels access to Turkish ports in order to
fully implement the Protocol. He said there is "no chance"
the GOT will take this step until the EU moves to end the
isolation of the "TRNC."

-- Minority Languages: The Progress Report refers to a
February 2005 paper by the European Commission Against Racism
and Intolerance (ECRI),which calls on Turkey to amend its
Constitution in order to allow the teaching in public schools
of languages other than Turkish as "mother tongues." Dogan
maintained that there is no common EU approach to minority
languages, and that a number of EU members do not meet the
standard recommended in the ECRI report.

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-- Freedom of Religion: The reports urge Turkey to remove
restrictions on non-Muslim religious groups. Dogan averred
that the GOT cannot fully address the concerns of religious
minorities without removing state restrictions on the
practice of Islam, including the headscarf ban recently
upheld by the European Court of Human Rights (ECHR). He said
he supports the idea of expanding religious freedom, but
believes this will involve a long, difficult process
requiring Turkey to redefine its concept of "secularism."

-- Ocalan Retrial: The GOT has adopted reforms allowing
Turkish defendants to be granted a retrial if they win their
appeals to the ECHR. However, a technical loophole excludes
a number of convicts, including imprisoned PKK leader
Abdullah Ocalan. The ECHR earlier this year upheld its 2003
ruling that Ocalan did not receive a fair trial during the
1999 proceedings that led to his conviction. The Commission
reports make note of this, and call on Turkey to fully
implement the right of retrial. Dogan averred that it is
"not reasonable" to require Turkey to re-try Ocalan; the GOT
is examining measures short of a full retrial that might meet
the ECHR requirements. The case is currently in limbo,
because Ocalan's attorneys have not yet applied for a new
trial.


6. (C) Nevertheless, Dogan added, none of these concerns are
show stoppers, because the Commission language is vague and
does not require Turkey to take specific actions, such as
amending the Constitution or opening its ports to Greek
Cypriot shipping by a set deadline.


7. (C) Stephen McCormick, Econ/Pol officer at the UK
Embassy, told us he sympathizes with some of Dogan's
concerns, but said the EU will not change the text in
Turkey's favor. The UK hopes to have the EU Council approve
the Accession Partnership Agreement in December, before
Austria takes over the rotating EU presidency. McCormick
said the Council will probably not make major changes to the
text, but some revisions are virtually inevitable. At a
November 11 EU meeting on the reports, the Greek Cypriot
representative called the texts, "a good basis for
discussion," indicating that Cyprus will try to toughen the
language on access to Turkish ports. "I think the Turks have
learned by now that when these reports are revised, they get
worse (for Turkey),not better," McCormick said. GOT
officials have had some informal input into the Agreement,
but will not be able to directly negotiate the text.

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EU Calls for Civil-Military Reform
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8. (C) The Progress Report calls for further changes in
Turkey's civil-military relationship. Past reports urged
Turkey to change the structure of the National Security
Council, including by increasing civilian representation.
The GOT has complied with these requirements. This year's
Report goes farther, indicating that military officials
should cease the practice of commenting publicly on political
matters. "They want the military to just shut up," said
Turkmen. Some TGS officials have told us they are not
pleased with the Commission reports, though they have not
commented publicly.


9. (C) Turkmen said the GOT cannot force military officials
to stay out of political debates. He said leaders of the
armed forces have been "cautiously supportive" of the EU
process and have accepted changes to meet its requirements.
He is optimistic that military leaders will gradually phase
out their political influence. But it will take time, and
the military will move at its own pace.


10. (C) Turkmen acknowledged that military involvement in
politics is a firmly established tradition in Turkey, and
faces very little public opposition. Still, he insisted that
Turkey must end the practice. "In a normal country, no one
even knows the name of the chief of the General Staff," he
stated. "We've got to change things."


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Good News On Econ Front
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11. (C) On economic issues, the Progress Report brought the
good news that the Commission, for the first time, considered
Turkey to be a "functioning market economy." Though the
report walks through myriad problem areas in which additional
reforms are needed, the Commission considered that Turkey
meets the standard. Because news of the EU,s upgrade had
leaked beforehand, reaction was muted, though positive. Some
market analysts surmised that the EU,s affirmation of market
economy status, combined with the October 3 opening of
negotiations and improved fundamentals, would encourage
rating agencies to upgrade Turkey. The EU Commission
Economic Counselor said she has had no reaction at all. She
expects there will be more of a reaction when the EU Council
adopts the Accession Partnership Agreement, which will spell
out a list of reforms Turkey needs to undertake.

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Comment - Reports Point Toward Progress
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12. (C) The reports highlight Turkey's shortcomings, but also
point the way toward progress for its EU candidacy. Apart
from the Cyprus issue, the GOT objections focus on areas
where Turkey faces particularly difficult obstacles, such as
civil-military relations and minority rights. Turkey has
good reason to ask for EU patience on these fronts, but in
the long run the GOT will have to find a way to address these
issues if it intends to advance toward accession. We hope
that the constructive initial response of GOT leaders to the
reports indicates that they are prepared to take on these
challenges.



MCELDOWNEY