WRITTEN QUESTION E-3016/01 by Feleknas Uca (GUE/NGL) to the Commission. Amendments to the Turkish Constitution.
Date: 2001-10-29
Institutions: European Parliament, Provisional data
Subjects: Türkiye, accession to the European Union, constitutional revision, death penalty, freedom of opinion, freedom of the press, gender equality

29.8.2002

EN

Official Journal of the European Communities

C 205 E/21

(2002/C 205 E/020)

WRITTEN QUESTION E-3016/01

by Feleknas Uca (GUE/NGL) to the Commission

(29 October 2001)

Subject: Amendments to the Turkish Constitution

With the support of a large majority of
its members, the Turkish National Assembly has adopted
amendments to the Constitution that was imposed by the armed forces in 1982. The reformed
Constitution enshrines the equality of women and men, makes it more difficult to ban political parties,
and also permits Kurdish-language radio and television broadcasts, books and newspapers. Individual
broadcasts can however still be banned for reasons of national security. The generals’ influence on politics
is
to be curtailed, as the National Security Council’s decisions should in future only be of a
recommendatory character. The death penalty has not been completely abolished, merely restricted, i.e.
terrorists and war criminals can still be sentenced to death.

What is the Commission’s view of the amendments to the Turkish Constitution?

Does the constitutional reform meet the expectations of the Commission?

What consequences will the Turkish constitutional reform have for the accession process?

Answer given by Mr Verheugen on behalf of the Commission

(13 December 2001)

The Commission welcomes the adoption of the constitutional reform package by the Turkish Parliament
on 3 October 2001. It views this reform package as a significant development towards strengthening
democracy and better protection of human rights and fundamental freedoms.

Amendments narrow the ground for limiting such fundamental freedoms as the freedom of expression and
dissemination of thought, freedom of the press and freedom of association.

In order to be effective, the constitutional reform will need to be followed by important changes in
legislation. This is particularly the case for issues such as the freedom of expression and cultural rights
including the Radio/TV broadcasting in other languages than Turkish.

The Turkish Government is finalising a package of new draft legislation that is aimed at implementing a
number of constitutional amendments, in particular with respect to freedom of expression and thought. It
should facilitate progress towards satisfying the Accession Partnership priorities.

Despite these changes, a number of restrictions on the exercise of fundamental freedoms remained. The
extent to which individuals in Turkey will enjoy real improvement in the exercise of fundamental freedoms
will depend on details of implementing legislation, and the practical application of the law. It is particularly
encouraging that a general principle of proportionality has been introduced and that the stated general aim
of the reform is effectively to bring to the forefront respect for human rights and the rule of law.

The revised Article 38 of the Constitution limits the death penalty to cases of terrorist crimes and in times
of war or imminent threat of war. The exception for terrorist crimes is not in line with Protocol 6 to the
European Court of Human Rights (ECHR) (which does not permit any reservations), whereas the exception
in the case of war crimes is permitted under Protocol 6.

Reforms related to economic, social and cultural rights contain a number of positive elements. Provisions
forbidding the use of languages prohibited by law, in Articles 26 and 28, have now been abolished. This
could pave the way for the use of languages other than Turkish and is a positive development.

Existing restrictive legislation and practices will need to be modified in order to implement
constitutional reform, as the Turkish authorities have recognised.

this

C 205 E/22

Official Journal of the European Communities

EN

29.8.2002

These changes, when implemented, will bring clear benefits to the people of Turkey and will help the
country to advance in its preparations for Union membership.

Further details on this matter are to be found in the Commission Regular Report on Turkey adopted on
13 November 2001 (1).

(1) SEC(2001) 1756.

(2002/C 205 E/021)

WRITTEN QUESTION E-3055/01

by Anna Karamanou (PSE) to the Commission

(5 November 2001)

Subject: Sectarian riots in Nigeria

In the wake of the American air raids on Afghanistan at least 200 persons have been killed over the last
few days in sectarian riots in northern Nigeria. Thousands of Christians are leaving the region owing to the
activities of gangs of Muslim fighters.

What measures does the Commission intend to take to help put an end to these sectarian killings of
civilians? Does it intend to assist the Nigerian Government to address the current crisis and to give
humanitarian aid to the civilians who are forced to abandon their homes?

Answer given by Mr Nielson on behalf of the Commission

(7 January 2002)

The principal contributing factor to the cycles of violence that have affected Nigeria is seen as poverty,
combined with the unfulfilled expectations of the younger generation. Unscrupulous political and religious
elders may also exploit the frustrations of the young. This view would seem to be shared by the Nigerian
authorities and these points were identified by their representatives at a donor meeting held in Brussels on
the 19-20 November 2001, as key issues to be taken into consideration by donors.

The Commission has programmes in place or under preparation to alleviate poverty in the short and
longer term. In the short term a programme is under implementation and has earmarked some € 65 million
for micro projects and job creation in the Niger Delta, one of the states worst affected by the crisis. In
addition there is a small project underway to strengthen institutional capacity and provide support to civil
society and media training in Northern Nigeria. In the longer term the Country Support Strategy, which
will soon be completed, has as its overall objective poverty alleviation in six key states. The detailed
programme will aim to tackle the root causes of poverty,
including facilitating access to services and
resources, as well as employment generation, and will be backed by funds amounting to € 552 million.
There are also plans underway to identify confidence building measures in the short term in those areas
seriously affected by insecurity.

In general terms the Commission, through the European Community’s Humanitarian Aid Office (ECHO),
only intervenes in countries where the national and local authorities are unable to cope with natural or
man-made disasters, and where the authorities request outside help. So far this has not been the case in
Nigeria, where local authorities have more or less coped with the growing number of internally displaced
people.

the same time a lot of

At
the problems in Nigeria can be considered structural, and short-term
humanitarian aid is not the best instrument to tackle this. Nevertheless the Commission considers it
important to monitor latest developments directly on the ground, and consequently is planning to send an
ECHO mission to Nigeria to perform a risk mapping exercise.