2nd Int. Conf. on the EU, Turkey and the Kurds

1st Int. Conf. on the EU, Turkey and the Kurds [English, London, 2005]

2nd Int. Conf. on the EU, Turkey and the Kurds [English, London, 2006]

3rd Int. Conf. on the EU, Turkey and the Kurds [English, London, 2007]

4th Int. Conf. on the EU, Turkey and the Kurds [English, London, 2009]

5th Int. Conf. on the EU, Turkey and the Kurds [English, London, 2010]

Part One: Turkey’s Route to Accession

The EU granted Turkey candidature in 1999,13 and in 2002 the Council of the EU (‘the Council’) agreed that accession negotiations would commence ‘without delay’ if, following a Commission report on Turkey’s fulfilment of the Copenhagen Criteria and a subsequent recommendation by the Commission on the appropriateness of opening negotiations, EU leaders at the Council decided that Turkey met the required standards.

On 6 October 2004 the Commission issued its recommendation as anticipated, concluding that Turkey ‘sufficiently’ fulfilled the criteria necessary to open accession negotiations.15 Certain conditions were imposed, including that Turkey should first be obliged to bring into force six specified pieces of legislation.16 On 17 December 2004, EU leaders largely endorsed the Commission’s recommendation that Turkey was ready to begin accession negotiations at the Brussels meeting of the Council, and envisaged that talks would commence on 3 October 2005.17 By 1 June 2005 Turkey had enacted each of the six pieces of legislation which were set out in the Council’s decision of 17 December 2004 as pre-requisites to the opening of formal accession talks...

Contents

List of Abbreviations / 9
Introduction / 11

Part One: Turkey’s Route to Accession / 17
The Decision of the Council of the EU / 18
The Draft Negotiating Framework for Turkey / 19
The Next Stage / 20
Background to Turkey’s EU bid / 21
The Kurds / 23
The EU-Turkey Civic Commission/  25
The EUTCC’s Concerns in the Accession Process / 26

Part Two: Accession and Human Rights / 29
Fulfilment of the Copenhagen Criteria? / 29
The Human Rights Situation post-17 December 2004 / 31
The New Penal Code / 33
The EU, Human Rights and the Future of the Accession Process / 35

Part Three: Accession and the Kurds / 39
The Kurdish Question / 39
The Need for a New Approach / 40
Conflict in the Kurdish Regions / 44
Prospects for Political Dialogue / 47

Part Four: Beyond 3 October 2005 / 51

Part Five: Final Resolutions of the Conference / 53

This publication is an extended version of the presentation given by Kerim Yıldız and Mark Muller at the second International Conference on Turkey, the Kurds and the EU convened at the European Parliament in Brussels from 19 to 20 September 2005. This event was hosted by the EU-Turkey Civic Commission (EUTCC), and its founder members; the Kurdish Human Rights Project, the Rafto Foundation, medico international and the Bar Human Rights Committee of England and Wales.

The EUTCC was established in November 2004 as the outcome of the first international conference on ‘The EU, Turkey and the Kurds’, held in the European Parliament in Brussels on 22 – 23 November 2004. The aim of the EUTCC is to promote the accession of Turkey as a member of the EU, in order to guarantee respect for human and minority rights and a peaceful, democratic and long-term solution to the Kurdish situation. To this end, the EUTCC will monitor and conduct regular audits of the European Commission’s performance in ensuring Turkey’s full compliance with the accession criteria, as defined within the meaning of the accession agreements. It will also make recommendations of measures that could advance and protect human rights; act as a point of contact and exchange information with the institutions of the EU and other governmental and non-governmental organisations; and raise public awareness of issues affecting the EUTCC’s work or mandate.

On 3rd October 2005, European and Turkish leaders welcomed the opening of official European Union accession talks, confirming that Turkey will now begin the process of becoming a full EU member. It is hoped that this process will have the eventual outcome of Turkey attaining the status of a valid and thriving democracy, with respect for human and minority rights and the rule of law...

Turkey’s Accession to the EU: Democracy, Human Rights and the Kurds


Kurdish Human Rights Project
11 Guilford Street
London
WC1N 1DH, United Kingdom
Tel: +44 (0)20 7405-3835
Fax: +44 (0)20 7404-9088
khrp@khrp.org
www.khrp.org
Kurdish Human Rights Project (KHRP) is an independent, non-political, non-governmental human rights organisation founded and based in London, England. KHRP is a registered charity and is committed to the promotion and protection of the human rights of all persons living within the Kurdish regions, irrespective of race, religion, sex, political persuasion or other belief or opinion. Its supporters include both Kurdish and non-Kurdish people.

Bar Human Rights Committee of England and Wales
BHRC
Garden Court Chambers
57-60 Lincoln’s Inn Fields
London, WC2A 3LS, UK
Tel 020 7993 7755
Fax 020 7993 7700
bhrc@compuserve.com www.barhumanrights.org.uk
The Bar Human Rights Committee is the international human rights arm of the Bar of England and Wales. It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world. It is also concerned with defending the rule of law and internationally recognised legal standards relating to the right to a fair trial. The remit of the Bar Human Rights Committee extends to all countries of the world, apart from its own jurisdiction of England & Wales.

EU Turkey Civic Commision
Menneskerettighetenes plass 1
5007 Bergen
Norway
Tel: +47 55 21 09 50
Fax: +47 55 21 09 59
info@eutcc.org www.eutcc.org
EUTCC was established in order to monitor and conduct regular audits of the European Commission’s performance in ensuring Turkey’s full compliance with the accession criteria as defined within the meaning of the accession agreements. It was founded by KHRP, BHRC, the Rafto Foundation and medico international.


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Keywords: Turkey, the EU, accession, the Kurds, human rights

Printed in Great Britain
July 2006

Published by KHRP (London)

ISBN 1 9001750991
All rights reserved