Toespraak commissaris Rehn over Turkse toetreding tot EU (en)

An open and self-confident society: fundamental freedoms, constitutional reform and democratisation in Turkey

Conference on constitutional reform in Turkey

European Parliament, 3 March 2008

Ladies and Gentlemen,

It is a great pleasure to be with you here today to discuss democratisation, fundamental freedoms and constitutional reform in Turkey, which is a subject of paramount importance both for Turkish citizens and for the country's EU accession process.

Let me begin by underlining the importance of the reforms on the ground to the EU accession negotiations of Turkey. This is sometimes confused. Negotiations with candidate countries are often presented as a technical process of gradual alignment and enforcement of legislation.

Yes, this is a crucial aspect of negotiations, and a sine qua non condition of EU membership. But it does not account for the full scope of the accession process, which is based on shared values and a common understanding of the rule of law, democracy and human rights. These are the fundamental values that define the process and enable the candidate countries to come closer to EU membership step by step.

A number of reforms brought about this outcome. In particular, I would like to highlight the extensive review and amendments to the Civil and the Criminal Codes, as well as the abolition of the death penalty, the policy of zero tolerance on torture and the measures undertaken to strengthen the civilian oversight of the military.

However, in the most recent years we have witnessed a slowdown in the reforms. There are many reasons for this. Right or wrong, one factor may be that, as the accession process requires difficult adaptations, some groups fear its social and economic costs and/or a loss of national and cultural identity. I myself think that these dangers are not so great. And we should not ruminate so much on the past, but rather focus on the future work on the reforms. In this respect, it is essential that 2007 laid the foundations for re-launching reforms in 2008.

There are several reasons for this. Certainly, the most important of them is that Turkish democracy emerged strengthened from the political and constitutional crisis in the spring 2007. The stalemate was opened by holding two elections in a row, respecting both the Turkish constitution and the highest international democratic standards. The voter turnout was exceptionally high by any standard, and the result was a landslide victory for the incumbent government orientation, on the basis of a reform agenda with the EU accession process at its centre.

Recently, the government has concentrated its attention on the headscarf issue . On this matter, different traditions co-exist in the European Union. Turkish civil society and political actors needed to have their own debate and draw their own conclusions on this issue.

But the headscarf issue has taken up a great deal of political energy. Now as the way is cleared in the Parliament, Turkey needs to make speedy progress on reforms that enhance fundamental freedoms - and set up a clear and credible reform agenda for the months to come.

There are signs that the government is serious about meeting this challenge. I note with satisfaction that the law on foundations was adopted in February. This is a key piece of legislation that will contribute to improving the situation of non-Muslim religious communities and to reducing the difficulties they encounter in managing their foundations. I am aware that several shortcomings remain to be tackled in the area of religious freedoms, but this is certainly a welcome step forward, which was made despite strong opposition in Parliament.

We all know that the freedom of expression remains an area in which reforms are badly overdue. The Government has indicated that the Parliament will soon take a decision to revise the infamous article 301. We expect that this will bring the article in line with the European Convention on Human Rights, so that there will be no room left for abusive interpretations by prosecutors and judges. Of course, the proof of the pudding is in the eating: what matters are not only new provisions, but the implementation on the ground. It is the responsibility of the government to ensure that the measures taken lead to real results.

I could come up with a long and exhaustive list of issues on which further progress is needed for Turkey to comply fully with the legal and democratic criteria of EU accession - from civil-military relations to the crucial judicial reform, the fight against corruption, cultural and minority rights, social rights including trade unions, women's and children's rights.

Let me invite you to take a look at the just revised 2008 Accession Partnership which sets out in detail the short and medium term priorities for Turkey, and serves as a yardstick to measure progress towards accession. For that goal, Turkey will need to develop an NPAA ( National Programme for the Adoption of the Acquis), including a timetable and specific measures to address the priorities of Accession Partnership.

As regards cultural rights and the situation of the Turkish citizens of Kurdish origin, the Accession Partnership sets out clear priorities. It urges Turkey to further improve access to radio and TV broadcasting and to support the teaching of languages other than Turkish.

With respect to the South-East, it calls for a comprehensive plan to reduce regional disparities and to enhance economic, social and cultural opportunities for all Turkish citizens. It also encourages measures to abolish the village guard system and to facilitate the return of internally displaced persons, and invites Turkey to continue the implementation of the law on the compensation of losses due to terrorism.

In this context, let me say some brief words about the recent military action in Northern Iraq. We recognise Turkey's need to protect its population from terrorism. But we have called on Turkey to refrain from disproportionate military action. We expect Turkey to respect Iraq's territorial integrity, as well as human rights and the rule of law.

Turkey should limit military actions to those absolutely necessary for achieving its purpose - protecting the Turkish population from terrorism.

I am encouraged by the dialogue between the Turkish authorities and their international partners, particularly the government of Iraq. Let's remember that military action is only ever part of the solution to any security problem, and diplomacy must be at the forefront.

Ladies and Gentlemen,

As a result of reforms and of the gradual opening up of Turkish society, the situation of the Turkish population of Kurdish origin has improved since the turn of the millennium. The partial loosening of restrictions on local broadcasting in Kurdish has been a step forward.

Moreover, the government has taken some socio-economic measures to improve living conditions in the South-East, although business activity and investment are still inhibited by the security concerns.

We need to see persistence and patience: further progress will come over time, with increased awareness on the need to promote cultural diversity. However, resolute government action is urgently needed to pursue change. Recently we heard from PM Erdogan that the government is planning to dedicate one public channel to broadcasts in Kurdish. This is welcome news, and we shall follow progress carefully.

The constitutional reform, which the government announced as the number one priority to achieve further democratisation, could also help facilitate Turkey's alignment with international standards.

The constitutional reform has not yet formally started. However, numerous debates on a wide range of aspects have taken and are taking place, involving many segments of the Turkish society. Indeed, it is important that the constitutional reform will be done through an inclusive and transparent process, in order to pre-empt criticism and make sure that the constitution will have a broad basis in the civil society.

So far, we have not seen any official draft of the Constitution, and thus any definitive assessment is not possible. According to the information available to us, the draft curbs presidential powers in areas such as education and the judiciary, reduces the scope of parliamentary immunity, and reviews the vague concept of "Turkishness" as well as other provisions limiting the rights of ethnic and religious groups.

If this is the case, it is clear is that the constitutional reform carries many opportunities for strengthening fundamental freedoms, cultural rights, and the independence of the judiciary.

Ladies and Gentlemen,

In conclusion, we shall continue to follow with great interest the challenging process of democratisation in Turkey. Fundamental freedoms must be at the heart of the constitutional reform and beyond.

Turkey has a chance to become a more open and self-confident society, built on democracy and free speech. We in the EU continue to provide our support to Turkey's transformation in the coming months and years.

I wish you substantive and constructive discussions today.