Identifier
Created
Classification
Origin
06ANKARA6393
2006-11-09 17:04:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

IT COULD HAVE BEEN WORSE: EU REPORT DELAYS

Tags:  PGOV PHUM PREL OSCE TU 
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RHMFISS/HQ USEUCOM VAIHINGEN GE
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RUEKJCS/JOINT STAFF WASHDC//J-3/J-5//
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RUEUITH/TLO ANKARA TU
RUEHAK/TSR ANKARA TU
RUEHAK/USDAO ANKARA TU
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)
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"

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--------------

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.


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-- 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/


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WILSON