TURKEY: THIRD NATIONAL PROGRAM AIMED AT

C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 001552 SIPDIS E.O. 12958: DECL: 04/16/2018 TAGS: PGOV PHUM PREL OSCE TU SUBJECT: TURKEY: THIRD NATIONAL PROGRAM AIMED AT JUMP-STARTING REFORMS REF: ANKARA 1451 Classified By: POL Counselor Daniel O'Grady, reasons 1.4 (b,d) ¶1. (C) Summary: The ruling Justice and Development Party (AKP) recently rolled out a "Third National Program" to define the government's priorities and reinvigorate EU-related reforms over the next four years. Senior AKP contacts admit reaching consensus on the plan will be difficult, given the opposition Republican People's Party (CHP) strategy of opposing reforms and the Constitutional Court's ability to thwart attempts to amend the Constitution. The European Commission, still awaiting a copy of the plan, hopes it will provide AKP the political cover to accomplish long-awaited reforms, such as amending the Political Parties Law and passing an Ombudsman Law. Some civil society contacts doubt AKP will follow through to enact reforms that have lingered on the national agenda. AKP will have a tough challenge ahead to win over skeptics and turn the Third National Plan into meaningful reforms. End summary. -------------- GOT Introduces Third National Plan -------------- ¶2. (U) In announcing the "Third National Program" August 18, Government Spokesman Cemil Cicek said the follow-up to AKP's 2001 and 2003 national plans would define the government's priorities and reinvigorate reforms designd to harmonize Turkish law with EU standards. AKP Deputy Group Chair Nihat Ergun noted the Program would require amending the Constitution and 131 laws and adopting 342 pieces of secondary legislation at a cost of 21.8 billion euros; the EU is expected to provide about 8.2 billion euros of this amount. Short and medium-term amendments would be accomplished within one-two years, and other amendments within three-four years. Cicek said the GOT would finalize and release the document after Foreign Minister Ali Babacan discusses it with opposition parties and non-governmental organizations. ¶3. (U) Highlights of the program reportedly include: - Establishing a Political Ethics Committee to review minister's and MP's expenditures; - Amending the Court of Audits Law to make military expenditures more transparent; - Amending the Political Parties Law and the Election Laws; - Making legal amendments as necessary to allow private TV stations to broadcast 24 hours/day in local dialects; and �A;- Amending the Constitution to allow the Ombudsman Law to go in to effect. -------------- --- CHP Poised to Challenge AKP's Legislative Agenda -------------- --- ¶4. (C) CHP members appear determined to oppose what they view as a newly emboldened AKP. CHP Deputy Group Chair Kemal Kilicdaroglu told us AKP sent an ominous signal following the Constitutional Court's July 30 verdict to fine but not close AKP by using political criteria to appoint university rectors (reftel). "Even though 10 of 11 judges voted that AKP is a center for anti-secular activity, AKP will formulate policy in an insular manner, without listening to opposition parties or civil society, and push ahead in an unrestrained manner," he predicted. CHP MP Yilmaz Ates said he was frustrated he had to learn of the plan from the press instead of in Parliament (which is recessed until October 1). CHP Parliamentary Group Leader Kemal Anadol echoed this complaint, telling reporters, "We know what will follow next. They will make the Parliament elect Constitutional Court members and will call it a legal reform." Ates said CHP would develop its own constitutional reform program to counter AKP's plans. ¶5. Far-right National Action Party (MHP) leader Devlet Bahceli declined to comment until the National Program is ANKARA 00001552 002 OF 003 officially released. While generally supportive of certain reforms, Bahceli stressed that the "dangerous process of polarization" must be prevented at any cost; Turkey's national unity, peace, solidarity and democratic regime must be safeguarded, Bahceli said at an August 26 press conference. He noted, "EU membership is destined to remain a dream unless a realistic assessment is made about the basis of EU-Turkish relations and a new framework based on full membership is established." -------------- AKP Sets Realistic Expectations -------------- ¶6. (C) AKP Justice Committee Chairman Ahmet Iyimaya told us AKP will prioritize EU reforms during the upcoming parliamentary session but that it would be difficult to pass fundamental legal and constitutional reforms given CHP's "combative stance." AKP realizes the importance of reaching outside the party, according to Iyimaya, who said, "If we try to write a new constitution based on one party's power, only tension will result." Though all political parties agree the current, military-drafted Constitution needs reform, CHP has consistently attacked productive ideas and would hinder attempts at meaningful reform, he added. In the face of such opposition, Iyimaya expects AKP will pursue "incremental reform" instead of an "expanded constitutional project." ¶7. (C) AKP Whip Bekir Bozdag also acknowledged AKP will face significant opposition in enacting meaningful legislative and constitutional reform. According to Bozdag, although the public favors a new constitution, opposition politicians and the secular elite fear any change, especially that introduced by AKP. Calling CHP a primary obstacle, Bozdag said despite CHP's prior claims to support constitutional change, the party appears poised to oppose any amendments. He noted that CHP leader Deniz Baykal recently rescinded his earlier public statement that CHP would consider amending the Political Parties law to make party closure more difficult. Bozdag predicted CHP and far-right National Action Party (MHP) would also attempt to block initiatives to amend Articles 10 (banning official recognition of minority ethnic groups) and 42 (prohibiting education in a language other than Turkish). The Constitutional Court poses another obstacle, Bozdag said, with expanded political power following its controversial decision to review constitutional amendments on substance rather than just procedural aspects, made when the Court annulled amendments designed to lift the headscarf ban at universities. -------------- EU Awaits Revitalization of Reforms -------------- ¶8. (C) The National Plan is a restatement of changes AKP has long known it needs to enact, according to Acting European Commission Political Counselor Serap Ocak. What counts for Brussels is not the launch of a program on paper, but how speedily and effectively AKP will implement the reforms, she noted. That some of the Third National Program's features are leftovers from the First National Program of 2000 indicates the difficulty facing AKP, she pointed out, adding the EC has recommended for three years that Turkey amend its Political Parties Law, Election Law, and the Law on Political Parties Financing. The Ombudsman Law, which could defuse the tense debate over the relationship between religion and the state and ease controversies over high-level appointments, has been stuck in the Constitutional Court for over two years, Ocak said. ¶9. (C) Ocak predicted AKP will use the National Plan for political cover to push forward controversial reforms in what is likely to be a tense political environment following the Constitutional Court's decision not to close AKP. Still bristling from the Court's ruling, CHP is sure to oppose reforms requiring constitutional amendments, such as the Political Parties Law, according to Ocak. Ultimately, the focus and pace of reforms will be driven by Prime Minister Erdogan, still AKP's unquestioned decision-maker. The EU is eagerly awaiting formal presentation of the National Plan and a revitalization of Turkey's long-delayed reforms to accelerate the country's democratic transformation. Given ANKARA 00001552 003 OF 003 that parliament will not re-open until October 1, Ocak does not expect radical changes before the EC's November progress report. -------------- TUSIAD Skeptical of AKP's Promises -------------- ¶10. (C) Turkish Industrialists' and Businessmen's Association (TUSIAD) Ankara representative Zafer Ali Yavan said TUSIAD is skeptical AKP would achieve meaningful results through the plan. His contacts reported that FM Babacan's presentation of the plan to the Cabinet on 18 August was received negatively. PM Erdogan and his Cabinet, aside from one or two ministers, believe they have done enough on the EU reform front, Yavan said; their efforts are not paying political dividends, and further efforts will not help them in 2009 local elections. "There is a sense in AKP that the EU isn't a winning card anymore," said Yavan. AKP is also unlikely to accomplish significant constitutional reform, given conflicting views within the party, Yavan thought. Some members, such as Parliament Speaker Koksal Toptan, prefer to enact an entirely new constitution, while others view such a project as a non-starter. No AKP members had reached out to TUSIAD or other civil society organizations regarding AKP's constitutional plans. Yavan said TUSIAD plans to proceed with its own effort to achieve societal consensus on a new constitution. The organization plans to release a report outlining potential constitutional reforms later this year. -------------- Is the Third National Program Viable? -------------- ¶11. (C) Comment: AKP faces a tough challenge in winning the support of opposition parties and civil society that proved essential to its successful reform efforts from 2003 to 2005. CHP, the military, and the judiciary are still licking their wounds from several failed attempts to prevent AKP from consolidating its control, and may be in no mood to cooperate. Many EU-related reforms, though necessary to strengthen Turkish democracy, will be contentious and could easily aggravate simmering tensions. For the Third National Program to be more than rhetoric, AKP will need to focus on bipartisan issues, set reasonable expectations and persuade skeptics that its agenda addresses the concerns of all Turks, not just AKP constituents. Visit Ankara's Classified Web Site at http://www.intelink.sgov.gov/wiki/Portal:Turk ey WILSON