IT COULD HAVE BEEN WORSE: EU REPORT DELAYS

C O N F I D E N T I A L SECTION 01 OF 04 ANKARA 006393 SIPDIS SIPDIS E.O. 12958: DECL: 11/09/2016 TAGS: PGOV PHUM PREL OSCE TU SUBJECT: IT COULD HAVE BEEN WORSE: EU REPORT DELAYS DECISION ON SUSPENSION; TURKS CONSIDER NEXT STEPS Classified By: Political Counselor Janice G. Weiner for reasons 1.4(b), (d) 1.(C) Summary: The GOT has reacted calmly to the EU Commission's Annual Progress Report on Turkey, which criticized the pace of reforms and Turkey's failure to open its ports and airports to Greek Cypriot traffic, but did not recommend suspending negotiations. Prime Minister Erdogan said that the report "has positive as well as negative aspects," and our GOT contacts say they are pleased that the Commission did not recommend suspension. Turkish media have characterized the Report as kicking the issue down the road for a month. Although the EU Commission has left open a window for the GOT to reform controversial Turkish Penal Code (TPC) Article 301 (insulting "Turkishness") and to surmount the Cyprus impasse, it is not clear that PM Erdogan has the political will or capacity to achieve either result. End summary. -------------- -------------- Progress Report Critical But Delays Decision on Suspension -------------- -------------- 2.(U) The Progress Report and accompanying Enlargement Strategy and Main Challenges Report ("the Enlargement Report"),while critical of the pace of reforms, do not make specific recommendations for suspension of negotiations. As expected, the EU Commission stated that Turkey needs to make "significant further efforts" on freedom of expression, as well as improvements in the areas of rights of non-Muslim religious communities, women's rights, trade union rights and civilian control of the military. On economic issues, the Commission concluded that Turkey has "a functioning market economy and has improved its ability to take on the obligations of membership." 3.(U) The Commission criticized the GOT's failure to implement that Additional Protocol to the Ankara Agreement by opening its ports to Cypriot vessels, but made no recommendation on suspension of negotiations. Leaving open time for further negotiations and a possible eleventh-hour deal, the Commission warned the GOT that failure to implement the Ankara Agreement would affect overall progress in negotiations, and said the Commission will make relevant recommendations ahead of the December European Council, if Turkey has not fulfilled its obligations. -------------- GOT Reacts Calmly; Considers Next Steps -------------- 4.(SBU) The GOT has thus far reacted calmly the Progress Report. The GOT's initial press release stated that "the report affirms the Turkish government's commitment to the reform process, and points out that legal arrangements in Turkey, in general, are in harmony with EU norms and regulations." Prime Minister Erdogan told the press that the report "has positive as well as negative aspects." MFA Deputy U/S Apakan confirmed to the Ambassador that Turkey's response would be measured and reasonable. 5.(C) Turkey's EU Secretariat Political Department Head Ahmet Dogan told us that none of the report's criticisms were unexpected, and that overall the report was balanced. Dogan was careful to exclude Cyprus, however, which he called "a completely separate issue." MFA EU Political Affairs Department Head Muhsin Kilicaslan echoed these sentiments, telling us, "it could have been worse" and that he was pleased to see that the Commission did not make recommendations on suspension of negotiations. According to Dogan, "now begins the process of digesting and analyzing the reports and drafting our specific comments and objections." Both officials told us they could not predict whether the report would spur the government to take action on "political issues" such as Turkish Penal Code (TPC) Article 301, prior to the EU Council summit in mid-December. D/US Apakan believed there was momentum on 301. -------------- Turkish Media Say "Trouble Postponed" ANKARA 00006393 002 OF 004 -------------- 6.(U) The Turkish media have focused on the fact that the EU Commission did not recommend specific action. Most took the position that the Progress Report merely postponed the decision for another month. Leftist-nationalist newspaper "Cumhuriyet" headlined on page one, "Trouble Postponed", while mainstream "Hurriyet" headlined, "Extension Until December". Mainstream "Milliyet" reported that the "message from the EU is that the process will continue down the road but at a slow pace." Most Turkish columnists reacted similarly. Liberal newspaper "Radikal's" columnist Murat Yetkin called the report a "postponement report, not a progress report." -------------- Progress Report's Findings Balanced -------------- 7.(U) The Commission's findings on the progress of Turkey's economic and political reforms is balanced. The Commission found as follows on Turkey's progress on the Copenhagen political criteria: -- Democracy and the Rule of Law: In the area of public administration, a law establishing an Ombudsman was adopted; no progress, though, with regard to civil service reform. -- Civil Military Relations: The parliament passed revised procedures for military courts enhancing guarantees for defendants. However, senior members of the armed forces have continued making public statements to influence areas beyond their responsibilities. -- Judicial Reform: There was no progress in this area. However, implementation by the judiciary of new legislation presents a mixed picture so far and independence of the judiciary needs further work. -- Corruption: There was some limited progress on legislative reforms in the fight against corruption. Corruption remains widespread. Anti-corruption policies are weak and authorities responsible for the fight against corruption need to be strengthened. -- Human Rights and Protection of Minorities: There has been a further decrease in reports of torture and ill-treatment. However, allegations of torture and ill-treatment outside detention centers in the South-East give cause for concern. Impunity for perpetrators of torture also remains a problem. The impact on fundamental freedoms of the amendments to the anti-terror law needs to be followed closely. Such amendments introduced a wide list of terrorism offenses and weakened guarantees for defendants. -- Freedom of expression: Open debate has increased in Turkish society on a wide range of issues, including on traditionally sensitive subjects, but freedom of expression in line with European standards is not yet guaranteed. A significant number of persons have been prosecuted for expressing non-violent opinions. Article 301 and other provisions of the Turkish penal Code that restrict freedom of expression need to be brought in line with the European Convention of Human Rights (ECHR). -- Freedom of Assembly and Freedom of Association: Restrictions have eased. However, in some cases security forces made use of excessive force during demonstrations. Difficulties in establishing associations promoting a specific cultural identity remain. -- Freedom of Religion: Adoption of a law that was expected to improve the situation of religious minorities (the Foundations Law) has been postponed several times, and there has been no change in the difficulties faced by the non-Muslim communities on the ground. There has been no change in the situation of the Alevi community. A legal framework should be established in line with the ECHR so that all religious communities can function without undue constraints. ANKARA 00006393 003 OF 004 -- Women's Rights: There has been growing public attention to women's rights in Turkey and civil society is increasingly able to play a positive role in this area. The legal framework is broadly satisfactory. However, in practice women's rights are not always protected, in particular in the poorest areas of the country. "Honor crimes" need to be investigated more systematically and where appropriate followed up with prosecution and convictions. -- Children's Rights: There has been little change. Implementation of legal provisions concerning education and employment under the age of fifteen needs to be improved. -- Trade Unions' Rights: There was no legislative progress. Turkey does not yet meet EU and ILO standards, in particular as regards the right to strike and the right of collective bargaining. -- Minority Rights: Turkey's approach remains restrictive; Turkey did not ratify international legal instruments on minority rights. On cultural rights, limited broadcasting is allowed in languages other then Turkish and restrictions on learning such languages remain. All rivate establishments offering courses in Kurdish language closed down in August ¶2005. General restrictions on the use of languages other than Turkish remain tight both in political life and when accessing public services. -- Southeast: There is a need for Turkey to address the serious economic and social problems in the Southeast and ensure full enjoyment of rights and freedoms by the Kurdish population. The large numbers of internally displaced persons continues to cause concern. -- Regional Issues and International Obligations: Turkey has expressed continued support for UN efforts to find a comprehensive settlement to the Cyprus problem but there has been no progress towards normalization of bilateral relations with the Republic of Cyprus. Since signing the Additional Protocol to the Association Agreement in July 2005, Turkey has not moved towards its full implementation and the removal of all obstacles to the free movement of goods, including restrictions on direct transport links with Cyprus. -- Relations with Greece: Relations have evolved positively but no progress has been made in resolving the outstanding border dispute. At a meeting of Foreign Ministers of the two countries a new package of confidence-building measures was agreed. Good neighborly relations remain key. 8.(U) On economic issues, the Commission report describes Turkey's substantially strengthened macroeconomic situation, including its strong fiscal consolidation and reduced vulnerabilities. U.S. companies will be pleased at the specific reference to the data exclusivity problem. In the chapter-by-chapter evaluation, the reports cites "limited progress" in many chapters. As we knew, Turkey is far from meeting EU requirements on agriculture and environment. In addition, the Commission highlights the lack of an agency to monitor government subsidies as a problem in the Competition Policy chapter. Government procurement is a problem as there are discriminatory provisions against foreign companies. According to the report, Turkey still has major work to do in numerous other chapters. In addition to legislative changes, the Commission in several chapters cites weak enforcement and implementation. 9.(C) Comment: The EU Commission has left open a window to achieve consensus on Cyprus and for the GOT to reform controversial TPC Article 301. Whether PM Erdogan, working with a difficult opposition and headed into an election year, has the political will or capacity to achieve these results is far from certain. Officials here still seem to be working under the assumption that they will pull their traditional rabbit out of the EU hat come December. This time, absent substantial constructive action in Ankara, it may prove an illusion. End comment. Visit Ankara's Classified Web Site at http://www.state.sgov.gov/p/eur/ankara/ ANKARA 00006393 004.2 OF 004 WILSON