European Parliament resolution on Turkey's progress towards accession (2006/2118(INI))
Date: 2006-09-27
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: EU law - national law, Türkiye, accession criteria, accession negotiations, accession to the European Union, amendment of a law, cooperation agreement (EU)

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P6_TA(2006)0381

Turkey's progress towards accession

European Parliament resolution on Turkey's progress towards accession (2006/2118(INI))

The European Parliament,

— having regard to the Turkey 2005 progress report of the Commission (COM(2005)0561),

— having regard to its resolution of 28 September 2005 on the opening of negotiations with Turkey (1),

— having regard to its resolution of 16 March 2006 on the Commission's 2005 enlargement strategy

paper (2),

— having regard to its resolution of 15 December 2004 on the 2004 regular report and the recommen-

dation of the European Commission on Turkey's progress towards accession (3),

— having regard to its resolution of 6 July 2005 on the role of women in Turkey in social, economic and

political life (4),

— having regard to the Negotiating Framework for Turkey of 3 October 2005,

— having regard to Council Decision 2006/35/EC of 23 January 2006 on the principles, priorities and
conditions contained in the Accession Partnership with Turkey (5), setting out short-term and medium-
term priorities,

— having regard to Council Regulation (EC) No 389/2006 of 27 February 2006 establishing an instru-
ment of financial support for encouraging the economic development of the Turkish Cypriot Com-
munity (6),

— having regard to Turkey's declaration with regard to Cyprus of 29 July 2005, the Council's declaration

of 21 September 2005 and Turkey's Action Plan of 24 January 2006,

— having regard to the position paper of the European Union tabled on the occasion of the 45th meet-

ing of the EC-Turkey Association Council of 12 June 2006,

— having regard to the Presidency Conclusions of the Brussels European Council of 15 and 16 June

2006,

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on

Women's Rights and Gender Equality (A6-0269/2006),

A. whereas on 3 October 2005 the Council approved a framework for negotiations with Turkey on its
accession to the EU, thus enabling negotiations to begin immediately after that meeting, whereas the
Commission is currently undertaking a formal process of examination of the acquis, which is advan-
cing in certain policy areas, and whereas one chapter, ‘Science and Research’, was opened and provi-
sionally closed during the Accession Conference of 12 June 2006,

B.

whereas the advancement of the negotiations will have to depend on the accomplishment of the
priorities set out in the Accession Partnership, the requirements of the Negotiating Framework and
full implementation of the provisions stemming from the Association Agreement (Ankara Agreement)
and the Additional Protocol thereto, including a comprehensive settlement of border disputes and a
comprehensive settlement regarding Cyprus, to be supported by both sides of that island,

C.

whereas compliance with all the Copenhagen criteria has always been the basis for accession to the EU
and should remain so for future accessions,

(1) OJ C 227 E, 21.9.2006, p. 163.
(2) Texts Adopted, P6_TA(2006)0096.
(3) OJ C 226 E, 15.9.2005, p. 189.
(4) OJ C 157 E, 6.7.2006, p. 385.
(5) OJ L 22, 26.1.2006, p. 34.
(6) OJ L 65, 7.3.2006, p. 5.

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D. whereas the European Parliament stressed in its above-mentioned resolutions of 15 December 2004
and 28 September 2005 that the opening of accession negotiations was to be recommended so long
as it is agreed that, in the first phase of the negotiations, priority is given to the full implementation of
the political criteria, that each session of the negotiations at ministerial level is to be preceded by an
assessment of the political criteria not only in theory but also in practice, thus exerting effective and
permanent pressure on the Turkish authorities to maintain the pace of the necessary reforms, and that
a full programme of clear targets, timeframes and deadlines should be fixed for the fulfilment of the
political criteria,

E.

F.

whereas, whilst recognising that the impetus for successful reform must be firmly rooted in Turkish
government and society, so as to guarantee the sustainability and the irreversibility of the reform
process, the EU should continue to monitor the scope of reforms and their implementation,

whereas the Commission concluded in its progress report that the pace of change slowed last year,
that implementation remains uneven and that significant further efforts are required as regards funda-
mental freedoms and human rights,
in particular freedom of expression, women's rights, religious
freedoms, trade union rights, political freedoms, minority rights, language and cultural rights, and
the further strengthening of the fight against torture and ill-treatment, and the swift and correct
enforcement of court rulings by State services,

G. whereas progress in the area of freedom of expression is still far from satisfactory, presenting a mixed
picture featuring certain positive developments, such as the recent acquittals of Professor İbrahim
Kaboğlu and Professor Baskin Oran, prosecuted under Articles 216 and 301 of the Turkish Penal
Code, the journalist Murat Belge, the novelist Elif Shafak, the writer Perihan Mağden and the author
Orhan Pamuk, while a number of human rights defenders are still being prosecuted and journalists
and publishers continue to face trials, and the journalist Hrant Dink, whose case, despite his acquittal
by a court ruling, has been referred to the Court of Cassation and who is facing up to three years in
prison in connection with another trial, and others, such as the human rights activist Eren Keskin,
have been sentenced,

H. whereas on 12 July 2006 the Court of Cassation decided to confirm a six-month suspended prison
sentence against Hrant Dink on the basis of Article 301 of the Turkish Penal Code on the grounds that
he insulted ‘Turkishness’,

I.

J.

K.

L.

whereas Turkey has still not acknowledged the genocide perpetrated against the Armenians, despite
numerous calls from the European Parliament and several Member States,

whereas international conventions for the elimination of terrorism should be carefully taken into
account when drafting new legislation against terrorism,

whereas the definition of terrorist crimes should be brought into line with international norms and
standards, notably the principle of legality as required by Article 15 of the International Covenant on
Civil and Political Rights, a provision that allows for no derogation even during states of emergency,

whereas the recently adopted Turkish Anti-Terror Law is specifically contrary to the advice of the UN
Human Rights Council Special Rapporteur on Terrorism, and undermines previous reforms in the field
of fundamental freedoms and human rights by reintroducing elements that had been removed during
previous reforms, and whereas it may further restrict the exercise of those rights and freedoms if wide
definitions of the terms ‘terrorist act’ and ‘terrorist offenders’ are introduced and if the scope of the
crimes falling under that law is extended; whereas Turkey, like the EU, should seek to prevent security
matters from curtailing citizens' freedoms, a common concern across the EU that has been increas-
ingly apparent since the Tampere European Council of 15 and 16 October 1999 and has been demon-
strated more recently by the advent of the Hague Programme,

M. whereas no progress has been made since Parliament's last report in addressing the difficulties faced by
religious minorities, and whereas the expected Law on Foundations pending in the Turkish Parliament
does not seem to remove all the shortcomings identified in the previous draft, such as the seizure of

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assets belonging to religious foundations, legal personality, the right to training of clergy and internal
management, thus falling short of EU standards and the expectations both of religious communities
and generally of non-governmental organisations necessary for a diverse and independent civil society,

N. whereas the Emasya Protocol signed in 1997 by the General Staff and the Ministry of the Interior
allows, under certain conditions, for military operations to be conducted when internal security mat-
ters are at stake,

O. whereas the resurgence of violence in the south east of the country and the revival of the terrorist
activities of the Kurdistan Workers' Party (PKK), followed by a large-scale rise in military operations,
constitute a serious threat to peace, stability and democracy in Turkey; whereas it must be emphasised
that action against terrorism must be proportionate to the threat and always respect international
human rights law,

P.

whereas a courageous and promising signal given last year by Prime Minister Erdoğan, in which he
addressed the Kurdish issue, has not yet been followed by substantial actions,

Q. whereas there is a lack of a comprehensive strategy on the part of the Turkish Government for the
south-east region aiming at its political, economic and social development, and whereas the South-
eastern Anatolia Project has to date had a very limited impact in Diyarbakir and other provinces,

R.

S.

T.

whereas it is a positive signal to other ethnic groups in Turkey that broadcasting in Kurdish has been
allowed via three broadcasters, although this remains subject to time and programming restrictions,

whereas Turkey has still to implement outstanding decisions of the European Court of Human Rights
(ECHR), including those concerning Cyprus, and whereas judgments were delivered in 290 cases by
the ECHR in 2005 concerning Turkey, 270 of which contained a finding of at least one violation,

whereas the Turkish Government is a Contracting Party to the European Convention for the Protection
of Human Rights and Fundamental Freedoms establishing the ECHR, and whereas criticism by the
Turkish Government of rulings of the ECHR in specific cases can undermine acceptance of the rule
of law among the Turkish public,

U. whereas more than 2000 applications for asylum by Turkish citizens were accepted by EU Member

States in 2005,

V.

whereas the Commission concluded in its progress report that corruption remains a serious problem
in Turkey, and whereas on Transparency International's 2005 Corruption Perceptions Index, Turkey
had an average score of 3,5 (on a scale of 0 ‘highly corrupt’ to 10 ‘highly clean’),

W. whereas the Turkish economy is recognised as a freely operating market economy and showed strong
growth (around 7,6 %) and a growing volume of foreign direct investment in 2005; whereas, however,
concerns remain regarding the current account deficit, which continues to grow, and the high unem-
ployment rate (around 10,9 % in March 2006),

X.

Y.

Z.

whereas Turkey's strategic geographic position in the region, together with a number of transnational
issues (e.g. energy, water resources, transport, border management, the fight against terrorism), the
dynamism of its economy and its human resources, enable it to play an important role in addressing
the various challenges faced by the region, and in the future development of the EU's common foreign
and security policy,

whereas Turkey's cultural and historical background puts the country in a position to act as a bridge-
builder between Europe and the Islamic world,

whereas Turkey's geostrategic situation, NATO membership and relationship with the Islamic world
may represent a security policy asset for Europe,

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AA. whereas Turkey has signed, but not ratified or implemented, the Additional Protocol extending the
Ankara Agreement to the new Member States and whereas this results,
in a continued
embargo against vessels flying the Cypriot flag as well as vessels approaching from harbours in the
Republic of Cyprus, denying them access to Turkish ports, and an embargo against Cypriot aircraft,
denying them flying rights over Turkey and landing rights at Turkish airports,

inter alia,

AB. whereas, as stated in the above-mentioned declaration of the European Community and its Member
States of 21 September 2005 and in the Presidency conclusions of the Brussels European Council of
15 and 16 June 2006, the EU will closely monitor and evaluate full, non-discriminatory implementa-
tion of the Ankara Agreement and its Additional Protocol by Turkey in 2006, and whereas the Euro-
pean Community and its Member States have declared that failure on the part of Turkey to implement
its contractual obligations in full will affect overall progress in the negotiations,

AC. whereas Turkey continues to exert an unjustifiable blockade against Armenia; whereas this blockade
threatens the stability of the region, hampers good-neighbourly regional development and breaches the
priorities of the revised Accession Partnership and the requirements of the Negotiation Framework,

Democracy and the rule of law

Emphasises that the strengthening of the ties between Turkey and the European Union is of funda-

1.
mental importance for the EU, for Turkey and for the wider region;

2. Welcomes the fact that the active phase of the accession negotiations between Turkey and the Euro-
pean Union has begun with the opening and provisional closure of the ‘Science and research’ chapter;
regrets, however, the slowing down of the reform process over the last year, as reflected in persistent short-
comings or insufficient progress in particular in the areas of freedom of expression, religious and minority
rights, civil-military relations, law enforcement on the ground, women's rights, trade union rights, cultural
rights and the swift and correct enforcement of court rulings by State services; urges Turkey to reinvigorate
the reform process;

3. Welcomes the Turkish Government's initiative to resume the process of legislative change by submit-
ting to the Turkish Parliament a ninth package of legislative reforms, including, inter alia, an Ombudsman
Law, a Law on the Court of Accounts (permitting the auditing of military expenditure), a Law on Founda-
tions and measures to strengthen the functioning of the judiciary such as the Law on Administrative Proce-
dures, measures to fight corruption, measures to facilitate the functioning of minority schools and measures
to increase transparency in the funding of political parties;

4.
Emphasises that in democracy draft legislation touching upon questions of fundamental rights and
freedoms should be discussed openly and transparently and that civil society should be fully involved in
these debates at all stages;

5.
Expects that, in order to enable the ninth package of legislative reforms to give a truly new impetus to
the reform process, the Turkish Parliament will amend and subsequently adopt this package, bearing in
mind in particular the following:

— the functioning and independence of the judiciary will be strengthened through appropriate measures
to be included in a Settlement Law, a Law on Administrative Procedures and a Law on Administrative
Legal Procedures;

— the Law on Foundations will remove all existing restrictions faced by religious minorities as regards
legal personality, the training of clergy, work permits, schools and internal management, will properly
address the issues of confiscated properties and the institution of proceedings for damages against the
State for failure to enforce court rulings, and will allow full freedom of association, thus supporting the
principle of a pluralistic, independent and self-confident civil society;

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— the Law on the Financing of Political Parties will bring about a real increase in transparency and put an

end to corruption;

— any remaining competence of military courts to try civilians will effectively be abolished;

— international agreements such as the Council of Europe Framework Convention for the Protection of
National Minorities, the European Charter for Regional or Minority Languages, the Rome Statute of the
International Criminal Court (ICC) and the United Nations Convention on the Law of the Sea will be
signed and ratified;

— the legislative process in general and the implementation of the ninth package in particular are best

served by constant and structural engagement of NGOs;

6.
Takes note of the adoption on 30 June 2006 of the new Anti-Terror Law, which was adopted in view
of the renewed and ongoing campaign of intimidation, violence and terrorism by the PKK; calls on the
Turkish authorities to ensure that its implementation will not further restrict the exercise of fundamental
rights and freedoms and that it will strike the right balance between security needs and human rights
guarantees; underlines in particular the importance of a strict and narrow definition of terrorist acts, of
full guarantees for freedom of expression and freedom of the media, including the freedom to defend all
causes through democratic means, of proportionate sentences for terror crimes, of full rights of the defence
according to European standards, of full accountability for crimes committed by security forces or intelli-
gence officials and of extreme caution in the authorisation of law enforcement agents to use fire-arms;

Notes that if a continued need exists to classify some organisations linked to terrorist crimes as terror-
7.
ist organisations, with adverse legal consequences, the procedure for such classification should be transpar-
ent and objective, and the organisations concerned should be able to appeal to an independent judicial
body;

8.
Recognises the importance of the Act on Compensation of Victims of Terrorism, which covers victims
of acts of terrorism as well as victims of counter-terrorism operations by the State; regrets that the Act does
not fully meet expectations because the loss assessment commissions under the Act are ill-equipped to fulfil
their tasks appropriately;

9.
Calls on Turkey to ensure equal treatment before the law for all Turkish citizens during the whole legal
process, including investigations, trial, sentencing and detention, without derogations for Government offi-
cials, military staff or members of the security forces; stresses that in the fight against impunity and in order
to build public trust in law enforcement, it is important that the criteria on which officials charged with
crimes are detained and arrested are the same as those applying to other criminal suspects;

10.
Calls on Turkey to abolish or amend, at short notice, those provisions of the Penal Code, such as
Articles 216, 277, 285, 288, 301, 305 and 318, which allow for arbitrary interpretations by judges and
prosecutors leading to judgments which run counter to freedom of expression and freedom of the press
and thus constitute a threat to respect for human rights and freedoms and negatively affect the progress of
democracy;

11.
Deplores the condemnation of Hrant Dink on 12 July 2006 by the Court of Cassation on the basis
of Article 301 of the Turkish Penal Code; notes that courts have not succeeded in establishing a positive
case-law when interpreting the provisions of the Penal Code in line with relevant EU standards;

12.
Recognises the improvements in legislation resulting from the efforts made since 2002 by the Turk-
ish Government as regards the policy of zero tolerance towards torture, thereby fulfilling recommendations
of the European Parliament; also recognises the declining curve of ill-treatment by law enforcement officials
described in the 2006 report on Turkey by the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment; stresses that more effective implementing measures are
needed, as is highlighted by the persistence of reported cases of torture and ill treatment, especially in the
south east, by law enforcement officials and the impunity often enjoyed by those officials, as described, inter

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alia, in Amnesty International's 2006 report; encourages Turkey to ratify the Optional Protocol to the Con-
vention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; is concerned
about the quality of law enforcement on the ground, which falls short of EU standards;

Wednesday 27 September 2006

In order to combat any remnants of impunity and to strengthen the international protection of

13.
human rights, stresses the importance of the ratification by Turkey of the Rome Statute of the ICC;

14.
Recognises the improvements in legislation resulting from the efforts made since 2002 by the Turk-
ish Government to combat corruption; calls on the Turkish authorities to energetically pursue the fight
against corruption on the ground; recalls the recommendations issued by the Group of States against Cor-
ruption in March 2006 and encourages Turkey to follow and implement them;

Regrets that no functioning system for the monitoring of places of detention by independent human

15.
rights institutions exists in the country to date;

16.
Notes that some progress has been made as regards women's rights following the entry into force of
the new Penal Code; stresses, however, that non-respect for women's rights in Turkey remains a matter of
serious concern and stresses that further efforts need to be made to eradicate discriminatory practices and
violence against women and to provide more shelters for women in distress, in cooperation with women's
organisations in civil society and with the support of adequate funding; calls on Turkey to step up its efforts
to ensure that women are free to assert to the full their right to an education and employment opportu-
nities; notes some progress in the fight against honour crimes since the penalty has been raised to a life
sentence, but expresses its concern over the rapid increase in alleged suicides of women in south-east
Turkey; welcomes in this context the awareness campaigns organised by NGOs and the press in Turkey;

Calls on the Turkish authorities to engage in a constant dialogue with the European Parliament on
17.
women's rights in Turkey and to take note in this regard of its second resolution on the role of women in
Turkey in social, economic and political life, due to be debated in 2006 in the European Parliament;

Notes that women in Turkey make up 50 % of all university graduates and 40 % of professional

18.
classes including lawyers and doctors,

19. Welcomes the recent social inclusion initiative of the Turkish Government which encourages job
growth through a system of financial initiatives in 49 economically underdeveloped areas;

Expresses its deep concern over the Şemdinli affair, which involved the bombing of a bookshop,
20.
allegedly by Turkish security forces, and the subsequent dismissal of the prosecutor Ferhat Sarikaya, which
has been investigated by the Turkish Parliament; emphasises that it has serious concerns about the contin-
ued — not to say resurgent — role of the army in Turkish society; emphasises that objective and impartial
investigations are necessary prerequisites to restoring public trust and ensuring the credibility of the judi-
ciary; calls, therefore, for publication of the investigation report of the Turkish Grand Assembly;

21. Maintains that clear-cut, constitutional separation of civil and military, political and institutional roles
in Turkey is a condition that has to be fulfilled if there is to be serious talk of Turkish accession to the EU;

22.
Reiterates its call for the electoral system to be reformed by reducing the threshold of ten per cent,
thereby ensuring wider representation of political forces and minorities in the Grand National Assembly;
welcomes in this light the current debate on reforms of the electoral system;

23.
Recalls that it regards the drafting of a new constitution as a further and probably necessary reflec-
tion of the very fundamental nature of the changes required for EU membership, and notes that a modern
constitution may form the basis of a modernisation of the Turkish State;

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24.
Strongly condemns the killing of a judge of Turkey's highest court; is concerned about the low level
of security offered to such judges by the police, despite clear and public threats; calls on the Turkish Gov-
ernment to remedy this situation;

Condemns the recent bomb attacks in various cities in Turkey; expresses its condolences to the

25.
victims of these and previous attacks;

26.
Calls on the Turkish Government to apply EU environmental standards to projects that are expected
to result in possible damage to the environment, such as the proposed gold mine in Bergama and other
comparable mining projects, Yortanli dam, which is currently under construction, Ilisu dam, which could
result in the destruction of historically important landscapes, like Hasankeyf (which would be flooded by
Ilisu dam) and Allionoi (which would be flooded by Allini dam), and other dam projects planned in the
Munzur valley and Yusufeli in Artvin province;

Human rights and the protection of minorities

27.
Deplores the fact that only limited progress has been reported over the last year as regards funda-
mental rights and freedoms; condemns violations of human rights and freedoms and constraints on the
exercise of those rights and freedoms;

Reiterates the need for Turkey to comply with the European Convention for the Protection of Human

28.
Rights and Fundamental Freedoms, including full and timely execution of all judgments of the ECHR;

Is concerned by the number of asylum-seekers leaving Turkey to go to the industrialised states during
29.
the year 2005; takes this to be an indication of Turkish under-performance either in the maintenance of its
own borders or in the fields of justice, tolerance and the safeguarding of human rights; at the same time,
recognises the progress made over the period from 2001 to 2005 when the number of asylum-seekers
originating from Turkey reduced by 65 % to just over 10,000 in 2005;

30.
Reminds Turkey of its recommendation that current human rights inspection services be reformed by
assigning their tasks to independent inspection services, which should be given sufficient resources to oper-
ate effectively in all regions of Turkey and empowered to investigate any police detention facility at any time
while closely cooperating with independent Turkish human rights NGOs; stresses that there is an urgent
need to consolidate and strengthen the capacity of institutions promoting and enforcing human rights;
welcomes Turkey's cooperation with the UN Human Rights Council Special Rapporteur on Torture and
calls on Turkey to maintain a standing invitation to all UN Human Rights Council special procedures;

31.
Respects the sensitivities that exist in a country where the large majority are Sunni Muslims, but
reminds Turkey of the important cultural and historic heritage handed down to it for safe-keeping by the
multicultural, multi-ethnic and multi-religious Ottoman Empire; deplores the absence of progress in the area
of freedom of religion since Parliament's resolution of 28 September 2005; emphasises that the freedom of
citizens to practise whichever religion or be part of whichever denomination they choose must extend to
affording them similar legal and administrative opportunities to practise their religion, organise their com-
munities, hold and administer community assets and train their clergy;

32.

Roundly condemns the murder of Father Andrea Santoro, an Italian priest and missionary;

33.
Reiterates its call on the Turkish authorities, expressed in its previous resolutions, to fulfil their
commitments regarding freedom of religion and to take concrete steps to eradicate obstacles facing religious
minorities as regards, in particular, their legal status, the training of clergy and their property rights (the
Ecumenical Patriarchate, for example, has suffered the expropriation of 30 properties in recent times); calls
for an immediate stop to all seizure and selling off by the Turkish authorities of properties belonging to
religious communities; calls for the immediate re-opening of the Greek Orthodox Halki seminary and the
public use of the ecclesiastical title of the Ecumenical Patriarch; calls for the protection and recognition of
the Alevis, including the recognition of Cem houses as religious centres; calls for the protection and recog-
nition of the Yezidis and the establishment of Yezidi places of prayer, and for all religious education to be
voluntary and to cover not only the Sunni religion, and for the establishment of an alternative subject, for
those who do not wish to take part in religious instruction, in which values, standards and ethical issues are
discussed; calls for the protection of the fundamental rights of all Christian minorities and communities in
Turkey (e.g. the Greeks of Istanbul, Imvros and Tenedos);

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Hopes that the forthcoming visit of Pope Benedict XVI to Turkey will contribute to strengthening

34.
interreligious and intercultural dialogue between the Christian and Muslim world;

Calls on the Turkish authorities to fully respect and implement all decisions handed down by, and to

35.
comply with the case-law of, the International Court of Justice (ICJ);

36.
Insists on Turkey's obligation to ensure that the protection of the fundamental rights of all religious
communities is fully guaranteed; demands that a revised draft of the Law on Foundations must reflect
recommendations made by the European Parliament and the Commission and must comply with European
standards while satisfying the expectations of the multi-religious Turkish society;

37.
Notes that an important discussion on headscarves is going on within Turkish society; points out that
there are no European rules in this matter, but expresses its hope that a compromise will be found in Turkey
on the wearing of headscarves by students at universities;

38.
Reiterates its call on the Turkish authorities to apply the International Labour Organization's stan-
dards for trade union rights, refrain from political interference in the functioning of trade unions, take them
into account in the policy-making process and pay special attention to the participation of women in the
labour market, and, while welcoming recent successes such as a project in Adana against child labour, calls
for the introduction of further legislation prohibiting the employment of children; welcomes the latest
assessment by the ILO, which cites Turkey as a successful example in the fight against child labour, and
therefore welcomes the Turkish Government's long-term aim of eradicating the worst forms of child labour
by 2012;

39. Welcomes the commencement of broadcasting in Kurdish — which may be regarded as an impor-
tant step, provided that it is followed by a further lifting of all restrictions and constraints — including
specialist programming produced by and for Kurdish communities, allowing the free exercise by the Kurds
of their cultural and educational rights;

Recalls that the ECHR advised Turkey to prepare a new legal framework for conscientious objectors
40.
and reminds Turkey that the right to conscientious objection is recognised in the EU Charter of Fundamen-
tal Rights; therefore welcomes the initiative by the Ministry of Justice to legalise the right to conscientious
objection and to propose the introduction of an alternative service in Turkey; is concerned that in a recent
judgment of the Turkish military court a conscientious objector to military service was sentenced to impri-
sonment and that the military court openly declined to follow a relevant ruling of the ECHR; condemns the
on-going persecution of journalists and writers who have expressed their support for the right of conscien-
tious objection to military service;

Strongly supports the activities of Turkey's democratic civil society, first and foremost the Turkish
41.
Human Rights Association and the Turkish Human Rights Foundation; recognises that democratic organisa-
tions of this kind do invaluable work, especially in monitoring the human rights situation;

42.
Calls on the Commission to provide comprehensive and resolute support, especially from the finan-
cial point of view, for the activities of the above-mentioned democratic organisations representing Turkish
civil society;

43.
Strongly condemns the xenophobic and racist Talaat Pacha Committee, run by extreme right-wing
organisations, for gravely infringing European principles, and the denialist demonstrations in Lyon and
Berlin organised by those same organisations; calls on Turkey to abolish this committee and to end its
activities;

The South East

44.
Strongly condemns the resurgence of terrorist violence on the part of the PKK; stresses that there can
never be an excuse for the violence that has been used against Turkish citizens in various parts of the
country by any party involved in the conflict; expresses its solidarity with Turkey in its fight against terror-
ism, and accordingly calls on the PKK to declare and respect an immediate ceasefire;

45. Welcomes the recent call of the Democratic Society Party for a cease-fire and for political negotia-
tions concerning the conflict in the south east, and calls on the PKK to respond positively to it;

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46.
Notes that a great many civil society representatives are at present still being tried and are subjected
to intimidation every day, one victim being Mehdi Zana, the husband of the European Parliament Sakharov
prize winner Leyla Zana; calls on the Turkish Government to lift the restrictions still imposed on these
representatives of Turkey's democratic civil society;

47.
Is deeply concerned about the resulting tensions in the south east, which constitute a serious threat to
peace and stability in the region; stresses the importance of the further progress in reducing the tensions in
eastern and south-eastern Turkey which needs to be accomplished in order to ensure that reforms are
sustainable and credible; calls on all parties involved in the conflict to refrain from using violence or react-
ing to it with violence; considers it important not to stretch the legal concept of terrorism in such a way as
to bring non-terrorist crimes within the scope of the Turkish Anti-Terror Law, which defines terrorism on
the basis of its purpose or aims rather than referring to specific criminal acts, which is formulated vaguely
and in very broad terms, and which thereby jeopardises basic freedoms;

Expresses its belief that the call by the Democratic Society Party for the outlawed PKK to declare a
48.
unilateral ceasefire raises hopes for an end to the vicious circle of violence in south-east Turkey and in the
rest of the country;

49.
Calls on the Turkish authorities to apply European standards for the arrest and detainment of sus-
pects; calls on the Turkish authorities to allow full access by independent pathologists in the case of deaths
in custody or as a result of alleged violence by security forces; is concerned about the violence against
children which resulted in casualties during riots in Diyarbakir in March 2006; notes that a new Law on
the Protection of Children adopted in July 2005 does not fully comply with international standards as
regards the provisions related to juvenile offenders;

Calls on the Turkish Government to pursue a democratic solution to the Kurdish issue following
50.
Prime Minister Erdoğan's encouraging statement of
last year; considers it essential to strike a balance
between the need to control the situation as regards security, avoiding civil-military strains, and effectively
promoting the political dialogue and the economic and social development of the south-east region through
a comprehensive strategy supported by adequate means; calls on the Turkish Government to invest in the
socio-economic development of the south east, to address the disparities between the national average and
the east and south east in, inter alia, unemployment, access to education, and housing and health care and
to engage in a constructive dialogue with peaceful interlocutors; calls on the elected representatives of the
Kurdish community to respond positively to any such dialogue with the Turkish Government, upholding
firmly the principle of non-violence; recalls in this context the importance of allowing elected Kurdish
representatives to participate more strongly in the democratic process by appropriate means such as redu-
cing the electoral threshold; emphasises the need for the establishment of an efficient decentralised admin-
istration;

51.
Expresses its belief that the necessary financial means for such an investment and development pro-
gramme for the south east cannot be met by Turkey alone and should therefore be raised in a broader
international framework; calls on the Turkish Government and the European Commission to examine the
extent to which EU pre-accession assistance could be used in this context;

52. Welcomes the adoption of the Act on internally displaced people which, if applied efficiently, could
serve as an important instrument of redress; notes however that the continued presence of village guards
and the resurgent violence is hampering the right to return; consequently, urges the Turkish authorities to
disarm the village guards and to disband the village guard system;

53.
Calls on the Turkish Government to show its resolve to find a political solution to the Kurdish
question by meeting and entering into talks with the legal and pro-Kurdish political party, the Democratic
Society Party, which has called for a cease-fire and for political dialogue;

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Regional issues and external relations

54. Welcomes the nomination of Istanbul as European Capital of Culture in 2010;

55.
Reaffirms its belief that a modern, democratic and secular Turkey, whilst progressively aligning itself
with the policies of the EU Member States, could play a constructive and stabilising role in promoting
understanding between civilisations and between the European Union and countries in the region surround-
ing Turkey, particularly in the Middle East; welcomes in this respect the decision of the Turkish Government
and parliament to participate in the UN peace-keeping forces in Lebanon;

56.
Takes note of the proposal by Turkey to establish a committee of experts which should be under the
auspices of the United Nations in order to overcome the tragic experience of the past, and the position of
Armenia regarding that proposal; urges both the Turkish Government and the Armenian Government to
continue their process of reconciliation leading to a mutually acceptable proposal; welcomes the fact that,
with the recent debates in Turkey, a start at least has been made in the discussion on the painful history
with Armenia; stresses that, although recognition of the Armenian genocide as such is formally not one of
the Copenhagen criteria, it is indispensable for a country on the road to membership to come to terms with
and recognise its past; calls in this respect on the Turkish authorities to facilitate the work of researchers,
intellectuals and academics working on this question, ensuring them access to the historical archives and
providing them with all relevant documents; urges Turkey to take the necessary steps, without any precon-
ditions, to establish diplomatic and good neighbourly relations with Armenia, to withdraw the economic
blockade and to open the land border at an early date, in accordance with resolutions adopted by the
European Parliament between 1987 and 2005, thereby fulfilling the Accession Partnership priorities and
the requirements of the Negotiating Framework on ‘peaceful settlement on border disputes’ which are both
mandatory for EU accession; believes that a similar position should be adopted for the cases of other
minorities (e.g. the Greeks of Pontos and the Assyrians);

57.
Calls on Turkey to commit itself to good neighbourly relations; reminds Turkey in this context that it
should refrain from any threats against neighbouring countries (e.g. the ‘casus belli’ threat against Greece
concerning its right to determine the extent of its territorial waters), as well as from tension-prone military
activities (e.g. continuous violations of the Athens Flight Information Region rules and of Greek national
airspace) which also threaten air-navigation safety, affect good neighbourly relations and could negatively
influence the accession process; calls on Turkey to engage in serious and intensive efforts for the resolution
of outstanding disputes with all
in accordance with the UN Charter and other relevant
international conventions; believes that, as stated in the Presidency conclusions of the Helsinki European
Council of 10 and 11 December 1999 and in the short-term priorities of the Accession Partnership, failing a
settlement, outstanding delimitation issues (e.g. delimitation of the Aegean sea continental shelf) should be
brought before the ICJ, with a view to a final and compulsory settlement;

its neighbours,

Expresses its disappointment over the fact that, in spite of its contractual obligations, Turkey con-
58.
tinues to maintain restrictions against vessels flying the Cypriot flag and vessels approaching from harbours
in the Republic of Cyprus, denying them access to Turkish ports, and against Cypriot aircraft, denying them
flying rights over Turkey and landing rights at Turkish airports; reminds Turkey that this practice constitutes
a breach by Turkey of the Ankara Agreement, the related Customs Union Agreement and the Additional
Protocol, as the restrictions infringe the principle of the free movement of goods; seeks to work with the
Turkish authorities to enable them to comply in full with their obligations in this respect without seeking to
exacerbate domestic political tensions contrary to the interest of long-term reconciliation for Cyprus; regrets
that Turkey maintains its veto against the participation of the Republic of Cyprus in international organisa-
tions and in multilateral agreements;

59.
Urges Turkey to take concrete steps for the normalisation of bilateral relations between Turkey and all
EU Member States, including the Republic of Cyprus, as soon as possible; in this context, recalls the above-
mentioned Council's Declaration of 21 September 2005;

Notes the current difficulties in EU-NATO cooperation and calls upon Turkey to reconsider its posi-

60.
tion on the inclusion of all EU Member States;

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61.
Reminds Turkey that recognition of all Member States, including the Republic of Cyprus, is a necess-
ary component of the accession process; calls upon Turkey to take concrete steps for the normalisation of
bilateral relations with the Republic as soon as possible; urges Turkey to fully implement the provisions
stemming from the Ankara Agreement and its Additional Protocol as well as the priorities stemming from
the Accession Partnership; calls on the Turkish authorities to maintain a constructive attitude in finding a
comprehensive settlement of the Cyprus question within the UN framework, acceptable to both Greek
Cypriots and Turkish Cypriots and based on the previous work of the UN, leading to an equitable solution
based upon the principles on which the EU is founded, as well as on the acquis, and, pursuant to the
relevant UN resolutions, to effect an early withdrawal of their forces in accordance with a specific timetable;
welcomes the meeting between Mr Papadopoulos and Mr Talat on 3 July 2006, which led to the agreement
of 8 July 2006; encourages further contacts in order to pursue dialogue which should lead to a compre-
hensive settlement;

Calls on both parties to adopt a constructive attitude in finding a comprehensive settlement of the

62.
Cyprus question within the UN framework and based upon the principles on which the EU is founded;

Points out that the withdrawal of Turkish soldiers could facilitate the resumption of substantive
63.
negotiations and, pursuant to the relevant UN resolutions, calls on the Turkish Government to effect an
early withdrawal of Turkish forces in accordance with a specific timetable;

64. Welcomes the establishment of an instrument of financial support to encourage the economic devel-
opment of the Turkish Cypriot community following the General Affairs Council of 27 February 2006;
supports the Commission in its efforts to implement these funds; calls on the Council to make renewed
efforts to reach an agreement on trade facilitation regulation concerning the northern part of Cyprus with-
out undue delay, including further attention to possible joint control of the Port of Famagusta under the
aegis of the EU and UN, in accordance with the unanimous General Affairs Council decision of 27 February
2006, taking into account the Council conclusions of 26 April 2004 but also the consultations held under
the Luxembourg Presidency and Protocol No 10 to the Act of Accession of the Republic of Cyprus and nine
other countries, and calls on the Governments of Cyprus and Turkey to undertake new initiatives to
strengthen the ties between the two communities, thereby building mutual trust;

65. Welcomes positive developments in the Turkish economy, which is recognised as a fully functional
free market economy, registering a high level of growth (around 7,6 % in 2005) and an important and
growing volume of foreign direct investment (FDI); however, remains concerned about the current account
deficit, which continues to deepen, and a high unemployment rate (around 10,9 % in March 2006); calls on
the Turkish government to pursue efforts to transform the positive dynamics into sustained growth and
macro-economic stability while seeking to diminish significant regional disparities in socio-economic devel-
opment in terms of income, health, access to education, labour market and other living conditions (per
capita income in the Istanbul region being 43 % higher than the national average and about 4 times that
the poorest region);

66.
Notes that, despite the overall success of the Customs Union, there are a number of long overdue,
unfulfilled commitments by Turkey relating in particular to existing technical barriers to trade, for example a
ban on imports of beef meat, lack of alignment in the area of State aid and serious gaps in the enforcement
of intellectual property rights; urges Turkey to make immediate progress in this area and reminds it of the
need to respect its obligations under the Customs Union agreement;

Negotiations

67.
Reminds Turkey that the Council decision requires the Commission to report in 2006 on the full
implementation by Turkey of the Additional Protocol, and that a lack of progress in this regard will have
serious implications for the negotiation process and could even bring it to a halt;

Underlines the need for accurate, structured and thorough research and statistical data as the basis for

68.
policy making in Turkey and for EU policy making towards Turkey;

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69.
Regrets that Turkey continues to oppose Cyprus's membership of international organisations and
mechanisms such as the OECD, Missile Technology Control Regime, Black Sea Cooperation and the Wasse-
naar Arrangement; calls upon Turkey to change its policy towards the Republic of Cyprus as soon as
possible;

Stresses the need to intensify the EU-Turkey energy security dialogue, given that diversification of

70.
energy supply routes is in the interests of both parties;

71.
Expects that, in line with its previous resolutions and the position taken by the Council and the
Commission, the short-term priorities set out in the Accession Partnership will be accomplished before the
end of 2007 and the medium-term priorities before the end of 2009; underlines the fact that priority
should be given to full implementation of the political criteria in the first phase of the negotiations and
that attaining these clear targets is a condition for continuation of the negotiation process;

72. Welcomes the proposal by the EU Presidency that the political criteria be addressed throughout the
negotiation process, starting with the chapter covering education and culture; deeply regrets that no con-
sensus has been reached on this proposal and that the political criteria will therefore only be addressed
during the negotiations on certain policy areas; stresses that this makes it even more essential to respect
the agreed terms for the achievement of the short and medium-term priorities in the Accession Partnership
(before the end of 2007 and the end of 2009 respectively) so as to safeguard the necessary political reforms
and the credibility of the accession process as such;

73.
Stresses that, in Turkey's own interests and in order to maintain confidence in the irreversibility of
the reform process, it is important that the reforms be given impetus from within the country by the
authorities themselves, both civilian and military, as well as by civil society, and are not merely the result
of pressure from outside Turkey;

74.
Considers it equally important for the Turkish Government to make an increased effort to explain to
the public that the process of Turkey's accession to the Union implies continuous domestic reform in which
the yardstick for success is not the fulfilment of certain individual measures but the attainment of a Euro-
pean standard with respect to democratisation and political liberalisation, in order to change not just certain
practices but public and official mindsets;

Takes note of the intention of the Turkish Government to proceed with the construction of nuclear
75.
reactors for the production of nuclear energy for civilian purposes; urges the Turkish Government to com-
mit itself to full respect of the terms and conditions set by the International Atomic Energy Agency and to
closely cooperate with it on the safety of the reactors as well as on the protection of the environment;
within this framework, calls on the Commission to strictly monitor the implementation of the acquis com-
munautaire during the accession negotiations;

76.
Stresses that the opening of negotiations is the starting point for a long-lasting process, which by its
very nature is an open-ended process and does not lead a priori and automatically to accession; emphasises,
however, that the objective of the negotiations is Turkish EU membership, but that the realisation of this
ambition will depend on the efforts of both sides;

77.
Reiterates that, in the event of serious and persistent breach of the principles of democracy, respect
for human rights and fundamental freedoms, the rule of law and the principles of international law, the
Commission could recommend to the Council the suspension of negotiations, which would decide by a
qualified majority;

Considers that, regardless of whether or not negotiations are successfully concluded, relations

78.
between the EU and Turkey must ensure that Turkey remains fully anchored in European structures;

79.
Recalls that the EU's capacity to absorb Turkey while maintaining the momentum of integration is an
important consideration in the general interest of both the EU and Turkey; regrets that the Commission has
not been able to deliver the follow-up to the impact study in 2005; asks to be provided with the follow-up
to the impact study in 2006; considers it of paramount importance that the EU put in place the institutional
and financial preconditions in due time for Turkey's accession; recalls in this respect that the Nice Treaty is
not an acceptable basis for further decisions on the accession of any more new Member States and therefore
insists that the necessary reforms be brought into force within the framework of the constitutional process;

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recalls that the budgetary impact of Turkey's accession can only be fully assessed in the context of the
financial framework from 2014 onwards; looks forward, in this regard, to the report which the Commission
is to present on the Union's absorption capacity before the December 2006 European Council;

Emphasises that, unlike in previous negotiations,

in the case of Turkey it would be necessary to
80.
inform the European public continuously and intensively about the negotiations themselves and Turkey's
progress in this regard;

Instructs its President to forward this resolution to the Council, the Commission, the Secretary-Gen-

81.
eral of the Council of Europe, the President of the ECHR and the Government and Parliament of Turkey.

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