Showing posts with label EU Reform. Show all posts
Showing posts with label EU Reform. Show all posts

Friday, June 18, 2010

Aydemir Continues to Fight for Conscientious Objection

The case of conscientious objector Enver Aydemir has become a rallying cry for activists pushing Turkey to recognize a right to conscientious objection from military service. Of the 47 countries in the Council of Europe, Turkey joins Belarus and Azerbaijan as the only three countries that do not recognize conscientious objectors.

This week an Ankara court heard the cases of 19 supporters of Aydemir currently on trial under a variety of charges related to a demonstration they held on Jan. 6 in which the group issued a press release. Among the charges were alleged violations of Article 315 of the Turkish Penal Code (TCK), making it illegal to discourage or alienate the public from military service. The charge is often brought against conscientious objector and those who defend them. Two of the 19 charged in Ankara were convicted under the provision.

After claiming conscientious objector status in 2007, Aydemir was detained and held for three months in prison as a deserter. After giving a speech in Istanbul this December at the Covention of the Platform of Conscientious Objection for Peace, Aydemir was detained and arrested once more and subject to another three months in a military prison.

Following this second detention period, Aydemir was jailed once more when he was taken back to his military unit and refused to wear a uniform. Released from an Eskisehir prison on June 9, the Turkish military issued an "incapability report," stating that Aydemir was unable to serve due to a social personality disorder.

In a press release issued in association with the Human Rights Association in Istanbul, Aydemir and his attorneys argued that Turkey's failure to recognize the legal validity of Aydemir's conscientious objector status constituted a violation of international law.

Despite the European Union raising the issue with Turkey in accession negotiations, the Copenhagen Criteria does not address the subject and Turkey has not signed relevant international law creating such a right. However, in 2006, in the case of Osman Murat Ulke, the European Court of Human Rights did find that the way Turkey punishes conscientious objectors by basically stripping citizenship rights constutes a violation of the European Convention on Human Rights and Fundamental Freedoms.

For other cases of conscientious objector status, including the EU position on the issue, see past posts.


UPDATE I (6/27) -- On Saturday, Sendogan Yazici became the 121st Turk to claim conscientious objector status. From Hurriyet Daily News:
In a press conference in front of the Turkish Radio and Television’s Istanbul Radio building on Saturday, Yazıcı, supported by the “Conscientious Objection Platform for Peace,” said he was refusing to touch a weapon so as to “contribute to a peaceful world for my children.”

Yazıcı, a 36-year-old with two children, said he was aware of the consequences of his action, but was happy to be a part of the conscientious objection movement.

Addressing journalists after Yazıcı, Ezgi Aydın, a member of the platform, said the recent military operations in the southeast are making families and the youth worried about their future.

“Conscientious objection is a right,” she said. “We call on everyone to claim their rights. Use your free will not to kill or be killed – do not spill your brothers’ blood.”
It will be interesting to see if increased dangers in the southeast (and other parts of the country), as well as opposition to the state's response to the recent upsurge in PKK violence, make claiming conscientious objector status a more frequent phenomenon and just how the Kurdish conflict might transform the issue, for better or worse.

Tuesday, April 20, 2010

The First Round Begins

The constitutional amendment package cleared a critical hurdle after an 18-hour session in which the CHP made multiple efforts to stall parliamentary debate on the amendments. From Hurriyet Daily News:


Parliament’s General Assembly was the scene of tactical battles until the early hours Tuesday morning, when the government’s constitutional reform package avoided rejection, receiving just three more than the minimum votes required to proceed.

The package received 333 votes, allowing Parliament to move forward and discuss its individual articles in more detail. Four votes that are thought to have come from independent deputies pushed the package over the 330-vote threshold.

Prime Minister Recep Tayyip Erdoğan said discussion on the proposed amendments would continue even if it takes a month, while Republican People’s Party, or CHP, chief Deniz Baykal leveled harsh criticism against the government.

The CHP’s insistent demands to take the roll and its attempts to introduce motions increased tension in the General Assembly and delayed the start of the session.

The ruling Justice and Development Party, or AKP, plans to discuss three articles of the package each day over the next nine days, except for the official holiday April 23, in order to finalize the parliamentary discussions.

The CHP, the Peace and Democracy Party, or BDP, and the Democratic Left Party, or DSP, did not participate in the voting process; the Nationalist Movement Party, or MHP, joined to vote against the package. Overall, 410 deputies voted on the package; 73 of them cast “no” votes, two abstained from voting and two left their votes blank.

Two articles of the amendments, concerning affirmative action for women and children and the protection of personal data and privacy, were adopted in the first day’s 18-hour marathon of discussions, with the first getting 336 votes and the second 337 votes.
The amendment process as laid out in the constitution, requires two rounds of voting and debate. For more on the process, see April 16 post.


UPDATE I (4/21) -- The CHP has announced that it has gained the support of the necessary 100 MPs needed to file for the constitutional amendments' annulment at the Constitutional Court. The support comes from seven independent MPs and six MPs from the DSP. From Today's Zaman:


The main opposition party is now planning to make three separate applications to the top court for the annulment of the planned amendments to the Constitution. The party will base its arguments for the first appeal on the alleged violation of parliamentary bylaws when the package was being voted in Parliament. The party does not have to gather the support of 110 deputies for such an appeal.

A tug-of-war among deputies over the violation of bylaws wasted five hours in Parliament on Monday, delaying the voting process. CHP deputies claimed that Parliament Speaker Mehmet Ali Şahin had violated parliamentary bylaws when opening the articles of the constitutional package to debate.

The CHP also plans to apply to the Constitutional Court if the ruling AK Party takes the planned amendments to a referendum. In such a case, the main opposition party will ask the top court for a stay on the referendum. Such a move may prevent the government from holding the expected referendum for several months, according to observers.

The CHP’s third appeal to the Constitutional Court against the constitutional amendments will target both the content and procedural grounds of the reform package. The party will argue that the amendments violate the principle of the separation of powers in Turkey. CHP members who are experts in law are now trying to decide when to file the petitions with the top court. Though the party is willing to apply to the Constitutional Court once the reform package is approved in Parliament, such a move faces the risk of rejection by the top court.

In the meantime, CHP parliamentary group deputy chairman Kemal Anadol complained on Tuesday about deputies casting their votes on the constitutional amendments publicly in Parliament and said his party would take the issue to the Constitutional Court. Deputies are supposed to use secret ballots on the amendments.

According to analysts, Turkey will be dragged into an atmosphere of chaos if the Constitutional Court decides on a stay for the referendum based on an appeal from the CHP. In such a case, the ruling AK Party will most probably play its final trump card and call for early parliamentary elections. The elections will also have a decisive impact on the referendum.

There is also the possibility of the Constitutional Court only nullifying certain articles of the constitutional reform package. For instance, the court may rule against the changes to the structure of the Constitutional Court and the HSYK.

On the other hand, if the court rejects the CHP’s expected appeals against the reform package, Turkey will hold a referendum on the constitutional amendments early in July.
For a summary of the amendments from Bianet (in two parts), click here and here.

UPDATE II (4/23) -- The amendment pertaining to the closure of political parties cleared parliament with 337 votes after gaining support from five members of the BDP (Perivan Buldan, Sebahat Tuncel, Ayla Akat Ata, Hamit Geylani, and Bengi Yıldız). The BDP deputies said the AKP had called them to vote, and said they would be willing to render their assistance again if a similar gesture was made.

UPDATE III (4/25) -- Amendments to four articles were passed yesterday, including amendments to a judicial body supervising the Military Supreme Council (YAS), which now has the exclusive authority to dismiss officers (this power has largely been used against suspected Islamists/Islamist-sympathizers; the amendment excludes YAS decisions that force military personnel to retire due to promotion procedures and the absence of tenure). From Hurriyet Daily News:


Other articles approved on Saturday included the article 13, which grants public servants the right to collective bargaining with regard to their financial and social rights as well as article 14, which grants the public the right to apply to courts over censure or warning punishments they face in their workplaces.

Another article passed in Parliament was the reform package’s 15th article, which says justice services and supervision of prosecutors with regard to their administrative duties will be carried out by Justice Ministry inspectors.
UPDATE IV (4/26) --The amendment pertaining to the restructuring of the Constitutional Court, the most controversial of the package, passed parliament by just one vote yesterday, raising concerns in the AKP. Other amendments passed on Sunday cleared the way for military officers to be tried in civilian courts and restricted the trial of civilians in military courts except in times of war.

Justice Minister Sadullah Ergin extended an offer to the CHP to separate the three most controversial articles of the package -- those on the Constitutional Court, the Supreme Council of Judges and Prosecutors (HSYK), and the closure of political parties -- from the rest, allowing them to be voted on individually. In exchange, Ergin expects the CHP to drop its pledges to challenge the amendments at the Constitutional Court. The CHP strongly rejected the offer.

It will be interesting to see if a combination of the CHP's recalcitrance and the AKP's increasing anxiety might bring it into consensus with the BDP, the demands of which the AKP has been unwilling to meet. The BDP, along with the DSP (with which consensus is also possible, but even more unlikely) wants the 10 percent threshold parties must meet in national elections in order to enter parliament to be dropped. The party also wants more Treasury funding, and along with the CHP, has argued that the closure of political parties should be guided by the Venice criteria, which sanction closure only in cases in which the party has used or advocated violence. On the last point, the AKP has rejected arguments from bothe the CHP and the AKP, arguing that criteria for closing a party should take into account the unique circumstances of Turkey. Under the current article on politcal party closures, parties may be closed for "independence of the state, integrity of the state and the nation, national sovereignty, and democratic and secular principles." Under the Venice Commission's criteria, "Prohibition or enforced dissolution of political parties may only be justified in the case of parties which advocate the use of violence or use violence as a political means to overthrow the democratic constitutional order, thereby undermining the rights and freedoms guaranteed by the constitution. The fact alone that a party advocates a peaceful change of the Constitution should not be sufficient for its prohibition or dissolution."

Chairwoman of the Delegation to the EU-Turkey Joint Parliamentary Committee Helene Flautre comments in Today's Zaman about the value of the constitutional amendment package to Turkey's EU accession process, arguing that the package will democratize Turkish institutions despite the government's piecemeal approach.

UPDATE V (4/27) -- Monday saw four more amendments passed, including the article which empowers the Constitutional Court to try the General Staff, force commanders, and the Speaker of the Parliament in cases where these offials abuse their power (Article 148 of the constitution,a nd Article 19 of the amendment package). Amendments to the same article also allow individuals to petition the Constitutional Court once all other remedies have been sought, a crucial step given recent criticism from the European Court of Human Rights and the Council of Europe. From Hurriyet Daily News:


Along with Article 19, three other articles were passed in Monday’s session, including Article 20, which brings changes to Article 149 of the Constitution that regulates the working and judging procedures of the top court. Article 20 passed with 338 votes in favor and 70 against. In line with the change, the Constitutional Court will function as two separate departments.

Article 21 received 338 votes in favor and 70 against, while article 22 garnered 335 votes in favor and 70 against. Article 21 changes Article 156 of the Constitution, regulating the disciplinary procedures and personal rights of the military Supreme Court of Appeals. Article 22 concerns members of the supreme military administrative court.
UPDATE VI (4/29) -- The first round of voting ended today, preparing way for the second and new opportunities for compromise. The CHP remains firmly opposed to the package and has expressed optimism that the amendments pertaining to the Constitutional Court will fail in the second round, abrogating the need to go to the Constitutional Court for annulment. Hurriyet Daily News provides a recap of the past two weeks.

Friday, April 16, 2010

The Stalwart Returns to Brussels

CHP leader Deniz Baykal made the rounds in Brussels this week, meeting with the Progressive Alliance of Socialists and Democrats, a delegation of the Friends of Turkey in the European Parliament and EU Enlargement Commissioner Stefan Fule. European parliamentarians, especially from the left, have long been critical of the CHP, questioning its social democratic credentials and nationalist discourse (see Feb. 11, 2009 post). The Socialist International (SI), of which the CHP is a member, has been particularly vocal in its criticisms (see July 25 post). During the meetings, Baykal was again asked to justify past positions of his party, and according to Today's Zaman, questioned the legitimacy of the Ergenekon investigation by pointing to Gareth Jenkins' report from last year. Today's Zaman is not without its own angle, but the paper's reportage of some of these European criticisms gives a glimpse into the discomfort and frustration felt by some European politicians toward the CHP. According to the paper, Greek Socialist MEP and European Parliament Vice-President Stavros Lambrinidis' questioning of Baykal was particularly pointed while MEP Emine Bozkurt asked Baykal what the party planned to do to repair its bad reputation in Europe. The Progressive Alliance of Socialists and Democrats released a statement emphasizing the need for an end to military interventions in politics. Today's Zaman quotes from the statement: “The army cannot protect the secular state and democracy. Any involvement of the Turkish army in political life is unacceptable and counterproductive. This message must be clearly understood by everyone in Turkey."

Yet, as in Turkey, there is considered skepticism about the AKP's tactical maneuvering when it comes to the constitutional reform process.
Progressive Alliance of Socialists and Democrats leader Schulz was more respectful in a press conference he held with Baykal. Asked about the partial constitutional amendment, Schulz, accompanied by Baykal and Öymen, said there were elements in the package which he thought would bring Turkey closer to the EU but noted at the same time that he was concerned about the possibility of some tactical elements in the reform package. Schulz also made it clear that he did not favor the idea of putting all the elements in one package, implying that it would be better if certain proposed amendments were considered separately.

Thursday, April 15, 2010

Legislative Stakeholders: Building a Stronger Civil Society

Today's Zaman colunnist Klaus Jurgens raised an important question a few days ago when he wrote of the importance of formally involving stakeholders in Turkish policymaking. Looking to some European countries that have legally mandated a consultative process with civil society groups occur as part of the legislative process, Jurgens writes that such consultative decisionmaking is beneficial to effective lawmaking and building a strong civil society. Though the government carries out regulatory impact assessments on new pieces of legislation, it rarely consults civil society stakeholders, and certainly not in the formal, mandated sorts of processes of which Jurgens writes.

Friday, March 26, 2010

Turkey's Madisonian Dilemma: The Constitution and Why "Neighborhood Pressure" Matters

On Monday the AKP made public its proposed package of constitutional amendments over stark protestations from opposition parties and some figures in the judicary who have issued public statements against the package. There is dissent about both the content of the amendments, as well as allegations about the AKP's intentions and the means the party is employing to push the package into law.

For several in Turkey who view the AKP as a sinister force bent on consolidating its own power and, for some people, pushing through an "Islamist" agenda, the constitutional package is nothing more but an attempt to aggrandize executive powers, shifting the separation of powers in its favor by diminishing the role of the judiciary. Yet, for others, the package is the only hope for meaningful reform, especially in regard to the judiciary, which has consistently used its authority to annul legislation and threaten political parties with closure. A majority in Turkey, in some polls well upward of 60 percent, think a new constitution is necessary, but that support does not necessarily translate into support for the proposed constitutional package, which the AKP admits is less than perfect, but the only means to reform in a political climate where drafting a new constitution is but a pipe dream. Yet, in either scenario, there is little doubt that the current momentum behind the constitutional package and the AKP's firm commitment to seeing it passed is related to the current polarization between it and the judiciary, including the possibility of yet another closure case (see Feb. 20 post). Going the route of the constititutional package means that the AKP has put itself on the track of advancing incremental reforms versus seeking a complete overhaul, which it had promised to do in 2008 before being faced with the closure case it survived by the skin of its teeth. (For a bit of background, see Feb. 5 post and March 7 post.) The party presented the constitution to opposition parties on Tuesday and Wednesday.

What's in the Package?

The most significant areas of reform include new law on the closure of political parties and a re-design of the Constitutional Court and the Supreme Council of Judges and Prosecutors (HSYK), the latter of which the European Union has consistently stated is in sore need of reform in order to shore up the independence of the judiciary. The number of judges on the Constitutional Court would be increased from 11 to 19, each judge serving a 12-year term and being ineligible for re-election therafter. The vast majority of the judges, 16, would be appointed by the president, who thanks to a constititional amendment passed in 2007, is now popularly elected. Three judges would be appointed by parliament. Some AKP supporters have pointed to this as a significant area of compromise since it is common in many systems to have constitutional judges appointed by parliament to begin with.

The majority of HSYK members would be increased to 21 and its powers reduced, a move that has establishment figures in the judiciary in a fervor. The HSYK currently consists of seven members -- five from the Supreme Court of Appeals and the Council of State, and two from the Justice Ministry (the Minister, who heads the Council, and the undersecretary). An additional 10 provisional members would be appointed. Of the 21, four would be chosen by the president, one by the Constitutional Court, three by the Supreme Court of Appeals, one by the State Council, seven by judges and prosecutors from among judges and prosecutors of the highest rank, and three by administrative judges and prosecutors of the highest rank. The re-structuring of appointments gives more power to the president and to lower ranks of the judiciary. Also importantly, decisions by the HSYK to remove a prosecutor (as happened in the case of Erzurum prosecutor Osman Sanal) would be subject to further appeal.

In terms of making it more difficult to close political parties, another move long recommended by the European Union and the Council of Europe, political party closures would require parliamentary approval. Instead of the Chief Prosecutor of the Supreme Court of Appeals preparing an indictment to be pursued at the Constitutional Court, the Chief Prosecutor would instead be required to petition a parliamentary commission setup for the express pruposes of dealing with potential closures. All parties with a parliamentary group would be equally represented in the commission, and a 2/3 secret vote would be required before a case could be launched at the Constitutional Court. Evidence used and rejected in past closure cases could not be used again. And, in terms of political bans on politicians pursued in line with closures cases, and which are more politically destructive than party closures, any imposed ban would be reduced from five to three years and banned parliamentarians would be able to retain their seats (and, presumably, their immunity) until the end of their term. One significant lacuna here is the lack of inclusion of the Venice Criteria, which define reasons why political parties can be closed. Officials from the Venice Commission have largely welcomed the package of amendments despite the exclusion of the criteria.

One other amendment would also make radical changes to the current order of things by allowing for the trial of military officers in civilian courts. As a result of new amendments, decisions by the High Military Council could be challenged in civilian courts and the body would be theoretically subject to standards of judicial independence. The Constitutional Court annulled a law passed last summer to try military officers in civilian courts.

Other items in the package would open up political parties finances to auditing by the Court of Accounts, limit the reasons for which a citizen could be banned from international travel, protect personal data, and remove provisional Article 15, which granted immunity to individuals involved in the 1980 coup of which Turkey's current constitution is a product. The last move is largely symbolic and has broad support across political parties, though some have argued for prosecutions of who are by this time some very old generals. Also of potential significance are laws pertaining to labor, women, and children, which many critics suggest were, along with amendment of Article 15, as "sweeteners." Civil servants would be given the right to collectively bargain, though not to strike. An arbitration commission would be established to settle disputes, the decisions of which would be final. This is unlikely to gain much support from Tekel workers and others who are staunchly opposed to the neoliberalism of the AKP. Also, disciplinary decisions reached by boards of public agencies would be subject to judicial review. As to women, measures assuring positive discrimination would be introduced, though some women's groups have demanded that the operative term here should be "actual equality."

Addressing the Madisonian Dilemma

The AKP's plans to push the package through by referendum should it not be approved by an unlilely 2/3 majority of parliament raises important questions about majoritarian democracy and those whoare very much afraid that their rights are threatened by the more devout Sunni Muslim majority the AKP is thought to represent. Though the AKP constantly claims that it represents all citizens of Turkey, passing constitutional reforms that enhance executive power and diminish the role of the judiciary, however much needed, is a sensitive issue and should not be dealt with lightly. American constitutional theorist Robert Bork refers to the need to resolve the tension between values associated with what he refers to as competing moral demands for civility and toleration. Canadian political theorist Colin Farrelly expounds:
Civic liberalism takes seriously what Robert Bork (1990) calls the ‘Madisonian Dilemma’. This is the dilemma between the moral demands of the virtues of toleration and civility. Respect for toleration leads us in the direction of limited government, government that does not unjustly interfere with individual liberty. This concern for individual rights provides the normative basis for constitutionalism. This can be contrasted with the moral demands of civility, demands which leads us to majority rule and the idea of self-government. If we take only the moral dimensions of these two virtues into account, it seems that we cannot resolve the Madisonian Dilemma. For we have two contradictory prescriptions- limited government and self-government. But civic liberalism inspires a public philosophy that gives due attention to both the moral and pragmatic dimensions of these virtues. It does not seek to give an absolute priority to any of the moral demands of toleration or civility. Rather, it seeks to reconcile the diverse demands of toleration, civility and fairness. As such, civic liberalism does not see the Madisonian Dilemma as paradoxical. This apparent dilemma reinforces the case for invoking a virtue-oriented approach rather than a principle-oriented approach to government. Civic liberalism defends a virtue-oriented conception of liberal democracy that takes both sides of the Madisionian Dilemma seriously. A public philosophy that takes the complexities of the Madisionian Dilemma seriously is one that will seek to steer a middle path between judicial and legislative supremacy.
Steering such a path in Turkey is no easy task, but it is a road about which the Turkish government, judiciary, and most importantly, Turkish citizens should think hard on and debate fervently. Much of the criticism of the AKP's constitutional package centers precisely on this lack of debate, which is only compounded by the self-interests of the AKP that would be advanced by the package (for example, see this piece from "The Bosporus Straight"). The AKP's previous attempt to draft a new civilian constitutional was also subject to such criticism, though the latter argument about the AKP's self-interests could not gain near as much traction since the draft came after the party's huge electoral victories in 2007. Yet, replete with the liabilities that come with a lack of public consultation and consensus-seeking, a lack of public discourse opens the package up to serious, and some case, warranted criticism, however difficult discourse and consultation-seeking is given the recalcitrance of opposition parties, the lack of coalition building and dialogue in Turkish civil society, and the authoritarian nature of political parties and the policymaking process. At an event last night, one woman broke into near tears as she conveyed her fears, however valid they may be, that the AKP was leading Turkey down a path contrary to its "republican" and "secular" heritage. Rather than dismissing such fears as paranoid or delusional, or placing this woman in the position of being the member of an "elite" who does not want to lose power in a system that has historically benefitted members adhering to her values and ideological orientations more than devout Sunni Muslims, the AKP should take steps to allay these fears by addressing them head-on, addressing the limitations of state power and majoritarian democracy when it comes to values and lifestyles shared by a minority. Here, "neighborhood pressure" again becomes part of the discourse, and rather than dismissing the term and the validity of the phenomenon, the AKP should do everything in its power to engage citizens who fear what is perceived by many as its creeping conservatism. From my Aug. 1, 2008 post following the Constitutional Court's narrow decision not to close the AKP:
For those skeptical to affirm AKP's center-right identity, the party must move away from the intra-party authoritarianism that characterizes all of Turkey's political parties, open its eyes and ears to the complaints of liberal reformers, and renew its commitment to constitutional reform—change that seeks to expand personal liberties and redefine Turkish citizenship along lines much more agreeable to contemporary understandings of democratic pluralism.
So far, the party has done very little in this regard. For those fearful of AKP's more Islamist tendencies, the judiciary and the military, and for that matter, the state's laicist understanding of secularism, exist to protect civil liberties and freedoms (including to do such things as drink alcohol, not wear the headscarf, watch Western films, etc.). Until conservative Turkish governments can assuage fears that liberties and freedoms are not at risk, measures that reduce the power of the military or the judiciary will continue to be strongly resisted and seen by many as part of a hidden, alternative agenda. However much the AKP compares itself to center-right parties in Europe, few in Germany think the Christian Democrats are out to turn Germany into a strictly-conceived "Christian state." While the validity of perceptions that the AKP is out to do so might be open to question, this does not negate the need of the government to address the, and in doing, pursue the deliberation and dialogue necessary to resolve the Madisonian dilemma in the context of Turkish constitutional democracy.


UPDATE I (3/26) -- The Turkish Union of Chambers and Commodity Exchanges (TOBB), the Turkish Confederation of Employers’ Unions (TİSK), the Confederation of Turkish Real Trade Unions (Hak-İş), the Confederation of Turkish Labor Unions (Türk-İş), the Turkish Tradesmen and Artisans’ Confederation (TESK), Turkish Public Workers’ Labor Union (Kamu-Sen) and the Turkish Union of Agricultural Chambers (TZOB) have released a joint statement in which the unions said they would lend conditional support to the constitutional package, through they stressed a need for a new constitution. TUSIAD also expressed its desire for a new constitution, which some EU officials have said will prove a prerequisite for Turkish accession. TUSIAD stressed the importance of lowring the 10 percent threshold political parties must meet in order to form a parliamentary group -- a measure left out of the reform package, and which some have used as evidence that the AKP is concerned only with strengthening its own position. The fragmentation of opposition parties, many of which have not and are unlikely not to reach this threshold, has benefitted the AKP, especially in the 2002 elections that saw the party into power. The package will be presented to the parliament on Monday.

Sunday, March 21, 2010

Auditing the Military

A subcommittee of the Parliamentary Planning and Budget Commission has begun debating a proposal to more fully audit the military and allow for the Court of Accounts to examine military spending. On March 10, representatives of the Turkish Armed Forces conveyed their opposition to the proposal in a formal report to the subcommittee. Today's Zaman translates some of the TSK's report:
Efficiency and economy, which are the essence of performance auditing, cannot be sought at the same time in the TSK’s auditing. This situation is in contradiction with the spirit of defense services. The performance of the TSK can only be overseen by military personnel who are competent in this field. The efficiency and effectiveness of the armed forces can be ensured with education. The efficiency of the education is measured by drills. The efficiency of the drills can only be assessed by professional military experts.
The TSK also objects to measure in the proposal that would allow the Court of Accounts t review its inventory, as well as give the Court oversight of military facilities such as military clubs, canteens, museums and orduevis (dining facilities for members of the military). According to the TSK, the latter are non-profit organizations, and thus are not subject to auditing. In regard to the former, as with other legal efforts to provide for civilian auditing of military activity, the TSK cites state security. The auditing of military institutions is constantly cited as necessary to satisfying EU political standards for accession. From the 2009 Progress Report:
As regards auditing, under the Constitution the Court of Auditors can carry out external expost audits of military expenditure. However, these audits are based on accounting records and take the form of desk reviews. Auditors are not allowed to conduct on-the-spot checks.

Moreover, the court remains unable to audit movable assets belonging to the military, pendingadoption of the draft Law on the Court of Auditors. Last year, the Court of Auditors decided that it has a mandate to audit the SSDF. However, implementation has not yet started.

Concerning internal auditing, the 2003 Public Financial Management and Control Law, which provides for internal audits of security institutions, has not been implemented yet.

Anti-Discrimination Proposal Sees Light of Day

The government has released a draft of its legislative proposal to enact a series of measures aimed at curbing discrimination based on "gender, race, colour, language, religion, belief, ethnicity, sexual identity, philosophical and political opinion, social status, marital status, health condition, disability, ages and similar essential basics." The proposal includes the establishment of an "Anti-Discrimination and Equality Commission" that would have the authority to receive, review, and rule on applications form individuals claiming to be discriminated against. The commission will have financial and administrative autonomy, the power to dole out fines up to 500,000 TL, and the right to file criminal complaints.

Significantly, the proposal also allows for cases of positive discrimination in the case of disadvantaged groups. The reform package currently under preparation is said to include provisions for positive discrimination, reform long sought after by women's groups as necessary to close Turkey's rather large gender gap in terms of employment and politics. See the above link for specific legal amendments some women's rights activists are pushing.

Monday, March 8, 2010

Plans for a National Human Rights Board

The mini-democracy reform package the government is planning to introduce to parliament by the end of March is said to include plans for a National Human Rights Board, which will reportedly involve a re-structuring of the Office of the Prime Ministry's Human Rights Presidency. The organization is designed to be an answer to repeated EU calls for an office of ombudsman, which would investigate human rights violations committed by the state. However, as Today's Zaman's Ayse Karabat reports, plans for the new institution are being sharply criticized by human rights groups as falling short of the Copenhagen political criteria and the UN High Commissioner for Human Rights's Paris Principles designed to guide national institutions setup to protect human rights. The government's plans for the board would have its members appointed by the government rather than elected in an independent process and would requires that members not have criminal convictions. The latter requirement is difficult in that many human rights activists and officials have and routinely do fall prey to complainants and prosecutors using criminal laws restricting freedom of speech. From Karabat:
The Human Rights Association (İHD), the Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUM-DER), Helsinki Citizens’ Assembly (HYD), the Turkish Human Rights Foundation (TİHV) and Amnesty International Turkey, which acts as İHOP, argued that the bill was drafted without seeking any opinions or contributions from human rights activists in Turkey and that the board will not be independent either in function or financially and will not fulfill the criteria of the European Union.

“Although the government claims that the board will be established as part of the democratization initiative, it had to be established due to the harmonization process with the EU. But if the draft is approved by Parliament, such a board will not answer the demands of the EU and will continue to be the subject of criticism as was its predecessor, the Human Rights Presidency of the Prime Ministry,” Öztürk Türkdoğan the chairman of the İHD, told Today’s Zaman.

He added that the bill was written with the mentality of “establishing a new state body” but not with the mentality of “establishing an autonomous body that will work as an institution which will mediate and monitor between the state and the public.”

. . . .

İHOP suggested that according to the draft, the board would have the authority to advise the relevant state bodies, but it does not point out the mechanisms for sanction if the advice is not taken. From the point of view of financial independence, according to the draft, the board would be financed with “aid from the budget,” but İHOP claimed that the scope, amount, continuity and process of the “aid” were not defined.

Sunday, March 7, 2010

Roadblocks to Judicial Reform

Prime Minister Erdogan announced last Sunday that the contents of the mini-democracy reform package will be released to the public and introduced to parliament by the end of the month. The prime minister presented the package as in line with the EU harmonization process, arguing the reforms are necessary to secure Turkish accession. He also said the Turkish public should get used to referenda, re-stating the AKP's plans to take the package to a public vote once it is voted down in parliament.

The government argues reforms are based on universal criteria instrumental to a healthy judiciary that respects democracy and the rule of law while opposition parties and the judicary argue they are part of a process by which the AKP is trying to consolidate its power by undermining the "independence of the judiciary." While problems with the Ergenekon investigation have raised concerns about the AKP's own understanding of an "independent judiciary," it seems only a small sector of citizens would argue that the judiciary is truly independent.

Since the package will contain numerous constitutional amendments, the AKP needs at least 367 deputies to vote for passage; however, with 330 votes the AKP can take the package to a referendum (it ha 337 deputies, and is likely to gain the support of the Kurdish Peace and Democracy Party (BDP). The CHP and the MHP have stated they will not support the initiative, and the CHP has said it will take any amendment to the Constitutional Court for annulment (this is a right reserved for political parties under the Turkey's current constitution). Moreover, CHP leaders this week announced their plans to challenge the constitutionality of any attempt to hold a referendum, vowing to challenge any referendum at the Supreme Election Board(YSK). In a shaky legal argument that resembles the infamous "367 rule" the CHP puled out of its legal hat to oppose the election of President Gul (for details, see ), the CHP is arguing that the recent law parliament passed to reduce the timeframe for a constitutional referendum from 120 to 60 days requires at least one year to go into effect, during which time the government cannot hold any referedum whatsoever. The CHP is asserting that the referendum law falls under the Elections Law, which under the constitution requires a period of one year to go into effect; however, the AKP asserts that the law falls under the Referendums Law, for which there is no such constitutional prescription. (The bill was initially to reduce the time between a parliamentary vote and a referendum to 45 days, though the Parliamentary Commission changed the bill to 60 days after the YSK said 45 days did not allow it adequate time to prepare for an election.)

Additionally, in a bold, intrusive move, President of the Supreme Court of Appeals Hasan Gerceker said on Friday that the judiciary would not support AKP-proposed reforms to the Supreme Council of Judges and Prosecutors (HSYK), a key part of the reform package and a continually re-stated condition for the satisfaction of EU criteria for Turkish accession. Constitutional Court President Hasim Kilic has said the Constitutional Court may reject the package unless the government reaches a political compromise with the opposition and the judiciary. Obviously, such statements speak to the very need for judicial reform in Turkey as it is unacceptable in any democracy governed by the rule of law to have judges throwing around their judicial weight as a means of garnering a particular political compromise or solution. Kilic has said previously that he cannot review the reform package since amendments may eventually find their way to the Court.

The HSYK currently consists of seven members -- five from the Supreme Court of Appeals and the Council of State, and two from the Justice Ministry (the Minister, who heads the Council, and the undersecretary). Gerceker has said the representatives of the Justice Ministry should be removed. AKP officials have said they will propose to increase of the HSYK's membership to 21 members, three of which will be appointed by the parliament. Other members will continue to be appointed by the judiciary or by the president. Opposition from the judiciary argue that allowing the parliament a role in choosing appointees will politicize the judiciary.

Among other reforms the mini-democracy package is to include are an office of ombusdman (once vetoed by President Sezer and another time annuled by the Constitutional Court), the Political Parties and Elections Law (including the 10 percent threshold parties must meet to enter parliament, and even more important, law on party closures), law to make military officials accountable to civilian courts, the Foreingers and Refugees Laws (made in line with a recent initiative to conclude a re-admission agreement with the EU on refugees that enter the EU through Turkey, and including a commission on refugee and migration matters to be administered by the Interior Ministry), collective bargaining rights for public servants, affirmative action (for women, children, and the elderly), and laws pertaining to the protection of personal data.

While these plans are ambitious, they are not as ambitious as a new civilian constitution, which some EU officials have stated is a prerequisite to membership. Nonetheless, opposition parties and the judiciary will evidently remain flatly opposed. If a referendum even happens, it is unclear whether the judiciary would uphold the results, much more not subject reforms to review under the current military constitution. Yet, the government is moving boldly forward, as it will have to continue to do if reform is going to happen. The return to using the EU as leverage for reform is welcome, and though it is nowhere near as valuable a tool as it once was, if played right, perhaps the government can reinvigorate support for the accession and reform processes, which as I have before argued, are intimately and inextricably linked to one another.

Helene Flautre: How the EU Has Impeded Judicial Reform

Helen Flautre, Co-Chairwoman of the EU-Turkey Joint Parliamentary Committee

Assessing the status of accession negotiations in an op/ed published in Today's Zaman, Helene Flautre strongly criticizes the European Council's failure to release the results of the European Commission's screening of Turkey's judiciary, which contains the details of steps Turkey needs to take to align its judiciary with EU standards laid out in the the EU acquis' chapter on the judiciary. Justice Minister Sadullah Erin criticized the EU's inaction when he spoke before the European Parliament last month. From Flautre's column:
It is a sine qua non of the rule of law that, in addition to the existence of laws, these laws should be reviewable by impartial and independent courts. But it is precisely on this topic that the polarization of Turkey resurfaces. The judicial reforms proposed by the government with a view to making the courts “impartial and independent” are perceived by the opposition as an operation to undermine the independence of the courts. I think readers will ask themselves, as I did, whether the EU can act as a point of reference or a guide and even a sort of impartial arbitrator in this atmosphere of contradictions. Moreover, there is already a chapter dedicated to this area. But unfortunately, I want to finish this article by pointing to a fact that will disappoint my readers.

We had invited Turkish Justice Minister Sadullah Ergin to the latest meeting of the EU-Turkey Joint Parliamentary Committee (JPC). I couldn’t believe what I heard from him, both during our conversation before the meeting and during the meeting. The minister was complaining that, despite opening of the 23rd acquis chapter on judicial reforms to negotiations, the EU has not sent the results of the screening process to Ankara although it was completed five years ago. The European Commission, on the other hand, says that the screening was completed five years ago, and sent to the council, i.e., to member countries. In other words, the screening results have been stuck somewhere between the European Commission and the European Council and have not been taken out of a drawer for the last five years. If this was about the opening of a chapter, it would be possible to talk about a “political” maneuver from any member country. No, it was about the failure to communicate the results of the screening process to the candidate country. The Turkish justice minister justifiably asks: “When I introduce the judicial reform package to Parliament, if the deputies ask me, ‘Are you sure that the EU really wants us to make these reforms?’ then what can I say to them?” It is not understandable why the EU would waste the chance to be a model, a reference and most importantly, an institutional player in Turkey’s becoming a democratic country governed by the rule of law. For this reason, it is not surprising that some EU politicians are dwarfed when they dare to measure themselves against Barack Obama. The EU shows signs of weakness in effectively using the tools it has, let alone being a leading player in international relations. I cannot keep myself from asking what the reasons might be for our failure to convey the screening results and our expectations regarding judicial reforms to Turkey, as well as about the “disagreement” between the European Commission and the European Council on the screening results. But, do we, as the European Parliament, perform our duty of review and tackle such institutional problems? I can understand being generous in our criticisms against Turkey, but I have difficulty accepting the fact that Brussels does not engage in self-critique in the slightest way.

TÜSEV's Cengiz Looks at Associations Law

Orhan Kemal Cengiz
PHOTO from
Today's Zaman

The Third Sector Foundation of Turkey (TÜSEV)'s Orhan Kemal Cengiz has authored a report on the continued difficulties faced by associations as a result of the Associations Law. Despite a drastic overhaul of the law in 2004 at the height of the EU-inspired reform process, significant hurdles continue to encumber the opening, operation, and efficacy of civil society organizations in Turkey. From Today's Zaman:

The report said the establishment has failed to understand that civil society has an autonomous structure completely independent of the public sector. The report said although the new laws made it clear that associations should exercise self-inspection mechanisms, the over-regulating and over-supervising attitude of the state still remains in place. It said this meant that essentially, the root of the problem remained embedded in the legislation, albeit in a much alleviated form: “Unfortunately the custom of taking back rights given by laws via ‘soft’ legal instruments such as regulations or decrees and/or the curbing of rights through such means is a continuing trend.” The report also said the application of the law changed considerably from field to field, saying human rights groups particularly complained about differences and the arbitrariness in the enforcement of the law.

The report also noted that Turkey’s counterterrorism laws were still a major obstruction in the way of the freedom to organize and form associations, as noted by the European Court of Human Rights in various verdicts. The report, in line with the European court’s rulings, said bureaucrats and security officers often abused the tremendous powers vested in their hands by the current Counterterrorism Law. It said some very general and ambiguous descriptions of terrorism in the law created major problems regarding freedom of expression.
Ethnic, religious, and other minority groups still frequently encounter "soft discriminaton" when applying for building permits, etc., and as noted here, the Anti-Terrorism Law, passed in 2006, has not helped, only greatly broadening the authority of bureacrats and security forces to restrict the operations of civil society groups that earn their displeasure.

From the most recent EU Progress Report:

Some legal provisions place an undue burden on the operations of associations. There are high fines or severe punishments for failing to comply with the Law on Associations23. The legal
obligation to notify authorities before receiving financial support from abroad places a burden on associations. Negative portrayal in certain media and at times disproportionate inspections of NGOs receiving funds from abroad, including EC funds, remain a further cause for concern.

Problems with registration of associations and foundations, in particular local representations of international NGOs, are still being reported. At least two other cases regarding major foreign NGOs (International Crisis Group and the Raoul Wallenberg Institute) have been pending for more than a year.

Overall, the legal framework on associations is broadly in line with European standards. However, considerable progress needs to be made as regards its implementation, as associations still face disproportionate scrutiny of their activities, which in some cases has led to judicial proceedings.

There is a growing awareness in public institutions and in the public at large about the crucial role played by civil society organisations, including in the accession process.

However, some difficulties encountered with the consultation procedures reflect the lack of trust between State institutions and civil society organisations. The legal framework for collection of donations and tax exemptions for NGOs needs to be strengthened, in line with EU good practice, to improve NGOs’ financial sustainability.
The Progress Report also cites the 3 month to one year sentence that may befall NGO executives who fail to keep proper records.

For an excellent look at the Turkish environment for NGO operations in light of the accession process, see Nigar Goksel and Rana Birden Gunes, "The Role of NGOs in the European Integration Process: The Turkish Experience," South European Society and Politics, Vol. 10, No. 1 (April 2005), pp. 57-72.

Saturday, February 27, 2010

A Moderate on the Constitutional Court?

Constitutional Court President Hasim Kilic
PHOTO from Today's Zaman

According to a story from Today's Zaman, Constitutional Court President Hasim Kilic irritated some of his fellow jurists when he made remarks at a conference on judicial reform this Wednesday. As the AKP plans to push for judicial reform, and uses the EU accession process as momentum to do so, Kilic said, "It is a big dishonor that is unacceptable in terms of judicial ethics for one to hide behind the independence of the judiciary in order to better serve one's allies, beliefs or ideology." He recognized that several parties have called for judicial the Political Parties Law and the electione Political Parties Law and the election law. (I presume here he was referring to the 10 percent thresold as well.) In terms of Ergenekon, Kilic said, "No matter who uses state power, they should know that they must account for their actions if they act in an illegal way. This power cannot be used as a tool to make society toe the line by resorting to illegal means. The officials to whom state power is entrusted to do not have the right to threaten, intimidate or scare society by using this power.”

Kilic was the only judge on the Constitutional Court not to vot in favor of sanctioning the AKP in the 2008 closure case, and has been regarded a reasoned moderate (see also Ergun Ozbudun's analysis in 2008). I seem to remember Kilic calling for political parties reform shortly after the closure case, but cannot find a citation.

On Friday, Justice Minister Sadullah Ergin met with judges from Supreme Court of Appeals and Council of State to discuss judicial reform, including the AKP's plans to have the government play a greater role in appointments made to the Supreme Council of Judges and Prosecutors (HSYK), long regarded a bastion of secularist power. He met with Kilic later in the day. On Wednesday, President Gul had met with Kilic, who expressed support for judicial reform, but told the president he could not advise the government on a legislative package since the Constitutional Court could well review the constitutionality of the potential reforms at some point in the future.

Thursday, February 25, 2010

Oymen at the European Parliament

EU Parliament Turkey Rapporteur Ria Oomen-Ruitjen
PHOTO from Today's Zaman


CHP deputy chairman Onur Oymen, speaking to the EU-Turkey Joint Parliamentary Committee at the European Parliament this week, criticized European politicians for only reading one newspaper, namely Today's Zaman (though the paper was not mentioned by name). The pro-government/moderate Islamist-oriented daily reports:
At the 63rd meeting of the JPC held in the European Parliament in Brussels on Tuesday, several CHP deputies attacked the Today's Zaman and Zaman dailies. Accusing the European Parliament's rapporteur on Turkey, Ria Oomen-Ruijten, of only reading certain newspapers, Öymen called on European deputies “to learn about the tendency and orientation of such media.”

Another CHP deputy, Osman Coşkunoğlu, claimed the sales figures of Zaman were very low but its circulation was high as it was handed out for free. Coşkunoğlu made this remark while referring to Zaman’s Monday headline in which Dutch Christian Democrat Ruijten called for an overhaul of the judiciary. Coşkunoğlu also told Today’s Zaman that he did not explicitly name any newspaper.

The claims came amid discussions in the European Parliament about freedom of the press in Turkey. Addressing the JPC meeting, Öymen said: “Do not limit yourself to the information of some media. You read some English daily newspapers, but please try to learn about the tendency and orientation of such media.”

Öymen insisted that he did not name any specific media outlet, but when asked, everybody in the room understood that he was referring to Today’s Zaman. He said he could not prevent people from having certain opinions.

Öymen was apparently not happy about the inclusion of a Today’s Zaman article in a JPC file. The article was presented to members of Parliament and Turkish deputies together with 17 documents before the meeting. The article, titled “Turkey wants full visa immunity from EU, not ease in requirements” and published in the Feb. 4 edition of Today’s Zaman, called for visa-free travel for Turkish citizens between Turkey and Europe.
Also potentially getting under Oymen's skin were comments from Oomen-Ruijten that Turkey desperately needed a new constitution and judicial reform, European arguments for which the ruling AKP is likely to now use to, in CHP's eyes, advance judicial reform for its own purposes, i.e. to save itself from potential closure.
Complaining of delays in the implementation of judicial reform prepared by the government, Oomen-Ruijten said there is some thing going on within the judiciary as a result of this lack of neutrality. “In effect, the Turkish Parliament must create such a legal ground that the judicial rulings will not be debated. For this, a new constitution is needed; we want this. If regulations are sufficiently open and clear, then the judiciary will behave neutrally and decisions the judiciary announces will not be debated,” she said.

She also asked the opposition not to hinder the process of judicial reform. “Please lean towards the judicial reform because Turkey can only be a country with the rule of law through judicial reform,” Oomen-Ruijten said, adding that there are also circles in Turkey who want to postpone the judicial reform and claim that Turkey is not yet ready for it.

“There isn't enough dialogue within society. I do not think this is the government's problem. There are many other responsibilities for the opposition, too. If you really want to join the EU, you need to be a modern welfare state. The Copenhagen criteria are the basis of European cooperation. You cannot become a member if you do not respect this and fulfill the criteria,” she noted.

Harshly reacting to Republican People's Party (CHP) deputy chairman Onur Öymen's remark that the government did not adopt any law on advice of the army, Oomen-Ruijten said this would be turning the world the other way around. “You have to check and control the army, not have the army check Parliament,” the rapporteur said.
To some degree, the AKP has set itself up for CHP's criticisms since it also has stalled on judicial and political parties reform. As was the case following the presidential crisis in 2007, the AKP tends to respond most strongly to EU reform criteria when the party faces difficult circumstances. During the DTP closure case, there were few mentions of reform to the Law on Political Parties or judiciary. Also speaking on Tuesday, Justice Minister Sadullah Ergin promised Turkey would be moving quickly forward with judicial reform.


UPDATE I (2/25) -- Hurriyet Daily News has run comments Oomen-Ruijten made in an interview with the paper in the past few hours.
"What I would like to see is a real oversight and a real control of the public sector on the military. That means Parliament and the government are the ones who need to have the control," said Oomen-Ruijten.

“The military should be under the control of society, not the society by the military. If they can now make good arrangements, then everybody will be happy,” the politician added, urging the creation of a new Constitution including reforms in the judicial area as well as in the civil-military relationship. Such reforms, she said, would address part of the Copenhagen criteria, which Turkey must comply with in order to receive full membership in the European Union.

“If you want to modernize and make your country a harmonious society, you need to have new rules and these new rules need to be laid down in a Constitution,” Oomen-Ruijten said. “The oversight of Parliament on the military and judicial reforms are urgently needed, absolutely."
More for Oymen and the CHP to groan about to be sure. For a take on the CHP's ambivalent relationship with the EU, see Feb. 11, 2009 post.

Wednesday, February 24, 2010

Crisis Coming . . . Here?

Gen. Ibrahim Fırtına, Gen. Ergin Saygun, Navy Cmdr. Özden Örnek, Gen. Çetin Doğan and Lt. Gen. Ayhan Taş
PHOTOS from Hurriyet Daily News


Two days off from blogging, and . . .

After an unprecedented meeting of the Turkish Armed Forces on Tuesday, all eyes are turned on the state of civil-military relations after the most recent Ergenekon developments. The Turkish Armed Forces (TSK) released a statement, characterizing the detentions as a "serious situation." Over 40 people were detained on Monday in the most wide-reaching Ergenekon sweep yet, and at least seven have been formally charged in connection to "Operation Sledgehammer," revealed by Taraf last month. According to Hurriyet, "Ergenekon prosecutors have now detained all top commanders from 2003 and 2004 except Hilmi Özkök, the former chief of General Staff" (for an accounting of Monday's detentions, click here.)

President Gul is said to be organizing a meeting between Prime Minister Erdogan, recently returned from Spain, and Chief of General Staff Ilker Basbug. Erdogan has refrained from personally criticizing the unauthorized TSK meeting, but deputy Salih Kapusuz remarked, “Everything that happens and is said today will be brought onto the country’s agenda in the future, too." There are rumors that all top commanders could resign, though as Mehmet Ali Birand concludes, what that means is unclear.

Meanwhile, though Supreme Court of Appeals Chief Prosecutor Abdurrahman Yalcinkaya has dismissed stories that there is a closure case pending against the AKP, a closure case could well be in the making and would only further de-stabilize the situation. Coming on the heels of last week's judicial showdown, Turkey's political situation is, indisputably, remarkably tense. In Spain, Prime Minister Erdogan promised to submit constitutional amendments pertaining to judicial reform to referendum if a compromise with the CHP and MHP cannot be reached. Meanwhile, opposition parties have called for early elections, claiming such a move will help relieve tensions.


UPDATE I (2/25) -- Following a meeting this morning between President Gul, Prime Minister Erdogan, and Chief of Staff Ilker Basbug, the three leaders declared that recent tensions would be solved within the constitutional order of things. At the moment, that order still allows closure of the AKP should a case be filed, or any other number of scenarios.

Also, the Christian Science Monitor's Scott Peterson takes a look at the recent arrests and Tuesday's meeting, providing a good summary of the context in which all of this is happening.

UPDATE II (2/25) -- Two recent columns from two very different opinion leaders warrant a reading in that both agree that what is essentially happening is a power between two elites -- one old, established, and orthodox; the other, newly risen, eager to challenge the powers that be, and equally rigid. Mehmet Ali Birand writes that "a great mutual psychological war is being fought," drawing on Babug's earlier statement that forces opposed to the military are waging psychological war against it (Taraf, for instance).

Fellow Hurriyet Daily News columnist Mustafa Akyol writes about "polyarchy," which Akyol describes as a "system with more than one power center, and even a crude system of "checks and balances." Not to be confused with Robert Dahl's conception of democracy, this "polyarchy" is far from democratic -- a power struggle between elites with its own set of rules and logic that the public can only speculate on. Akyol's analysis does not go this far, but he does give the example of the "ascending role of the police in relation to the military." While writing that AKP is "nepotistic," "prone to authoritarianism and intolerance," and that "a Turkey totally dominated by the AKP would really not be fun - nor free and democratic," he endorses the new system over the old, declaring that "an ongoing struggle between opposing powers, is better than the previous one, which was a dominance of a single power." Akyol does not give much of a warrant for this, but its honesty is certainly striking.

UPDATE III (2/25) -- The AKP is sending two of its deputies to the parliament's disciplinary board following statements both made implying the Ergenekon case and recent arrests were about afflicting revenge. The referrals are presumably an attempt by the AKP to preempt the statements being used in the potential closure case. Should the disciplinary board expel the two deputies from parliament, the AKP would lose two MPs at a time when it is considering the risky move of bringing constitutional amendments to referendum.

UPDATE IV (2/26) -- Late on Thursday, three of those detained earlier this week were released, including top geneals Ibrahim Firtina and Ozden Ornek, former commanders of the Air Force and Navy respectively, and Ergin Saygun, former commander of the First Army. The releases were made based on their low flight risk, though prosecutors said the investigation will continue, keeping open the possibility of future arrest. Today 11 more were formally arrested and remanded into custody, including two active duty admirals and former General Cetin Dogan, who has made frequent appearances on Turkish televisionin recent weeks de-bunking the Ergenekon investigation. General Engin Alan, former head of the Specaial Forces, also appeared before the court. Meanwhile, in another sweep, 18 mostly active-duty juniors officers were detained. The total number of officers formally arrested and jailed this week was 31 out of a total of 67 detained.

Gareth Jenkins discusses the politicization of the Ergenekon investigation in a piece up on BBC Turkish (in Turkish). For Jenkins' take on the investigation, see "Between Fact and Fantasy: Turkey’s Ergenekon Investigation" (published last fall).

UPDATE V (3/1) -- Two more officers were formally charged on Sunday. From Reuters:
The state-run news agency Anatolian said Colonel Huseyin Ozcoban, commander of the paramilitary gendarmerie force in the city of Konya, and Lieutenant Colonel Yusuf Kelleli were charged late on Sunday in an Istanbul court.

When In Spain . . .

AFP Photo from El Mundo

Prime Minister Erdogan's state visit to Spain, which holds the European Council Presidency until May, smacked of much of the same rhetoric he has used in past meetings with European leaders. Selling Turkey in Spain, Zapatero focused on the benefits of Turkish accession to Europe in terms of geopolitics, including its role as a potential "bridge to the Islamic World and the Middle East." The Prime Minister talked much less about Europe's benefit to Turkey, and I have yet to see a report in which Erdogan linked the EU process with Turkish democratization, something I wrote on Sunday was critical to Turkey's successful accession. Sadly, what Europeans saw was much more of the same.

Spanish leaders, including Spanish President José Luis Rodríguez Zapatero, have been the most vocal in supporting Turkish accession amidst talk of "privileged partnership" and social/cultural/geographic concerns from conservatives in big states like France and Germany, and smaller, much more culturally conservative states like Austria. The Spanish newspaper El Mundo ran a Europa Press story with a headline reading, "Erdogan denounces the 'change of rules' for Turkish accession to the European Union."

A reporter from El País featured an interview with Erdogan (in Spanish), a rare opportunity afforded to foreign press, in which the Prime Minister asserts that Turkey is being subject to different criteria for accession than other memberships and that these criteria were not conveyed at the start of negotiations. Erdogan does not specify as to just what these criteria are, and the tone of defensiveness runs throughout the interview with a quite sympathetic reporter who writes Erdogan did not show his famous temper or impatience in response to any of the questions. However, the Prime Minister does little to win new friends either. The most confrontational statement came when asked about his frustration with French President Nicolas Sarkozy and German Chancellor Angela Merkel. Erdogan said he would have good discussions with both leaders only to find things different later. Asked if the leaders said one thing only to do another later, President Sarkozy answered that this was indeed the case.

During a stop in Sevilla to accept an award related to the Spain-Turkey sponsored UN Alliance of Civilizations, Prime Minister Erdogan had a shoe thrown at him. The Prime Minister has apparently drawn demonstrators throughout his trip, most reported to have assembled to protest policy toward the Kurds.


UPDATE I (3/5) -- Zapatero has announced that he would like to open the energy chapter currently informally blocked by Cyprus, in addition to three others.

Sunday, February 21, 2010

Putting Turkey Back of European Tracks

In an interview with EurActiv.com, EU Chief Negotiator Egeman Bagis said the most significant accomplishment in the course of EU-Turkey relations was "putting the Turkey train on EU tracks." Bagis was referring to the start of accession negotiations, which despite some positive developments in the past year, are still progressing at a precariously slow pace. While landing the accession partnership with the EU was no doubt a monumental acheivement, navigating the international and domestic waters of Turkey's accession politics is also no easy task, especially at a time when skepticism abounds in Turkey and Europe. With most of the 23 remaining chapters of the EU acquis left to be opened, the Turkey-EU relationship is still in stormy waters, and with it, Turkey's reform efforts.

Yet, one encouraging sign cannot be discounted: France and Germany, two of the EU's most infuential member states, have ceased talking about extending a "privileged partnership" to Turkey in lieu of full membership. While accession negotiations are still defined as "open-ended," with no guarantee or right to eventual membership, it seems for the moment at least that both countries, as International Crisis Group (ICG) analyst Hugh Pope puts it, are "now aware of the long-term damage this has done to their own commercial interests, the EU’s stature on its southeastern flank and Turkey’s own reform program."

Signs of Moving Forward

For the past few years, including before European Parliament elections last summer, conservative politicians in France and Germany both used populist anti-Turkey rhetoric to attract voters (on this point, see former EU Enlargement Commissioner Maxime Verheugen's denunciation). Returning from France in October, President Gul declared the "privileged partnership" talk to be over, a statement repeated by Bagis in January. EU plans to offer Turkey something less than full EU membership, whether it be the half-cooked "privileged partnership" proposal or membership in French President Nicolas Sarkozy's Mediterranean Union, have long drawn scorn from Turkish politicians and worked against the reform process by putting Turks on the defensive and de-mobilizing optimism/support for eventual membership.

Other positive developments on the European side of the equation include the success of the Lisbon Treaty, which, while granted will take the EU awhile yet to get used to, puts to rest questions about the EU project that had to be sorted out before further enlargement. Though Lisbon did not do much to amend enlargement procedures (individual member states can still veto the entry of candidate countries), it does allow the EU to focus more fully on its future borders. Croatia is well on its way to acceding, and the accession of Iceland following its financial demise should be accomplished without too many hitches. Macedonia, despite problems with Greece, is making headway as well, and plans lie in wait for Serbia, which applied for membership in December, as well as for Albania and Montenegro. While a country with a population of 70 million plus is indubitably a much bigger swallow, Turkey's move eastward should provide momentum in the coming years as the former Ottoman-controlled Balkans unite with more "Western" counterparts. Another possible candidate is newly independent, predominantly Muslim Kosovo, which along with Albania, will get Europeans thinking about cultural/religious identity issues -- what it means to be "European" -- in ways hopefully more sophisticated than these grand level questions have been approached in the past.

While there are still plenty of Turkey-skeptic politicians in the wings, the shift on "privileged partnership," including German Chancellor Angela Merkel's long-standing promise to judge Turkey on its mertis at the time it accedes, should only put Turkish citizens and politicians more at ease. Another skeptic who has pulled back is recently elected EU Council President Herman Van Rompuy, whose past opposition to Turkish membership drew harsh criticism from Ankara. Van Rompuy has promised to act responsibly, honoring past commitments while not using his position to politicize Turkish accession. Additionally, Turkey has a friend in EU Enlargement Commissioner Stefan Fuele, who has wholeheartedly expressed his desire to see Turkey become a member, playing up the geostrategic significance to Europe of eventual Turkish membership. Fuele will no doubt have a problem selling enlargement at a time when Europe is in recession and still coping with the recent additions of Bulgaria and Romania, but his determination to move forward on Turkey in the post-Lisbon EU should be read as an encouraging sign.

In Turkey, though disenchantment with the EU still rings loudly, the beginning of 2009 saw the government finally move forward with its National Program for the Adoption of the Acquis (NPAA). The draft of the NPAA was released in August 2008, following an aggravating six-month wait after the February 2008 adoption of the EU's Accession Partnership Document (APD). As ICG's 2008 report observes,"in some ways it was already two years late, since no previous National Program was issued after the previous Accession Partnership in January 2006." That Turkey is now even has an up to date NPAA is welcome news, though there are shortcomings.

In addition to the NPAA, the government finally appointed an EU Chief Negotiator in January 2009, a move long requested by Europe, as well as bolstered the staff working on EU-related issues. To further reignite its EU bid, the government also appointed Brussels-experienced diplomat Volkan Bozkir as the Secretary-General for EU Affairs. And, further kicking off 2009 was a January trip to Brussels by Prime Minister Erdogan, who had not visited the European capital since the association agreement was signed. CHP opposition leader Deniz Baykal, whose party has frequently placed itself in opposition to any AKP-led reform regardless of its impact on Turkey's accession, also visited Brussels in February (see Feb. 11, 2009 post).

Other positive signs included the signing of an inter-governmental agreement on the Nabucco pipeline, as well as on the domestic front, a strategy for judicial reform and another to fight corruption. The government's Kurdish initiative and rapprochement with Armenia have also helped the EU process along (despite the shaky ground on which both now stand). With Spain at the helm of the EU Council Presidency, and possibly two more chapters to be opened, the next few months also look promising as long as Turkey moves forward, which it might be all the more inclined to do now that it is facing another possible closure case thanks in part to past foot-dragging on judicial and political parties reform.

Ambivalence on the Turkish Side

However, despite progress made in 2009, Turkish public support and optimism about eventual membership are at a continued lull. The standoff on Cyprus, which led the EU Council to block eight policy chapters in 2006 and France to block four more (five in total, but one overlaps; Cyprus is informally blocking others), as well as the talk of "privileged partnership" and anti-Turkey talk in Europe, have taken its toll. The most recent EU Parliament resolution on the 2009 Progress Report will not help either, nor will nationalist politicians' spouts of anti-EU talk or the constant grumbling in Turkey about meeting "EU demands."

The most recent Transatlantic Trends Survey, a project of the German Marshall Fund, put support for membership at 48 percent, down from 73 percent in 2004. According to the same survey, 65 percent of Turks polled thought European membership impossible, and perhaps most disturbingly, only 34 percent identified themselves as sharing common values with the West. The EU Commision's Eurobarometer puts the percentage of Turks in favor of membership at similary low levels -- 45 percent; another poll by Angus Reid has the percentage in favor only slightly higher. These numbers are concretely reflected in the Turkish public's lack of interest in the 2009 Progress Report. The report's November release garnered little attention among Turkish opinion leaders, who in past years often discussed the report on Turkish television and in newspapers. However, even with the pressure on before the EU Summit this December and the possibility of more difficulties arising from the Cyprus problem, including the suspension of negotiations, few seemed to care.

While Europe might be said to be experiencing "enlargement fatigue," Turkey is suffering from a bad case of "Europe fatigue," or at least serious second thoughts facilitated by a sense of "not being wanted." What Turks perceive to be moaning in Europe and constant scolding by European officials -- too often played up in the Turkish media -- has created a response among several Turks with whom I have talked that Turkey can and should "go it alone." Some of this is sheer pride, and it is no doubt helped along by fears, largely coaxed along by rumors, that Turkey will have to do this or that to meet "EU demands." Thinking of the accession process in terms of "demands" made by a foreign power rather than "criteria" that must be voluntarily met in order to gain membership into an intergovernmental organization badly damages the accession process in a country whose politics are prone to paranoia (for more on this, see April 11, 2008 post on Turkey's "Sevres syndrome"). Rather, the "demands"-oriented thinking injures Turkish confidence and gives rise to a sense of hurt and defensiveness, which frequently manifests itself in countering EU criticisms with arguments about Turkey's worth, oft replete with strong undertones of nationalism and even xenophobia.

The most commonly expressed criticism of the EU from Turks, be it from more secularist or non-separationist in how they approach the state's relationship with Islam, is that Europe does not want a Muslim country in its borders. This feeling is no doubt stoked by the recent EU decision to extend the Schengen zone, and thus visa-free travel, to Macedonians, Montegrins, and most controversially, Serbians, which are predominantly Christian, but not to Kosovars, Bosnians, Albanians, or Turks. The EU decision prompted a sharp response from Foreign Minister Ahmet Davutoglu, and plenty of criticism in the Turkish press -- in short, it was talked about much more than the Progress Report.

Ambivalence on the European Side

Though European ambivalence and skepticism should improve as Germany and France pull away from the "privileged partnership" discourse, support for Turkish membership in Europe is still very low (the same Transatlantic Trends Survey put the percentage of Europeans who thought Turkish membership would work in the EU's favor at 19 percent). Former EU Enlargement Commisioner Olli Rehn, who is supportive of Turkish membership, explained the opposition in an interview with EurActiv in November 2008:
One view that is quit strong in France and Germany is there should be no further widening without deepening. I have held many discussions in France both in the National Assembly and with the civil society, likewise in Germany, and the view there is that we do not rule out a Turkish accession but first the EU should be deepened.

I feel a certain sympathy for the view that widening and deepening should go hand in hand and I understand the logic but I don’t think those two approaches are contradictory. In fact, widening and deepening are rather parallel and mutually-reinforcing processes. Both of them have made the EU what it is today - much stronger and more effective than let’s say 20 years ago.

A second main concern is cultural and religious resistance, which is more difficult and for which I do not feel so much sympathy because the EU is not a Christian Club. Rather it is a community of common values, democracy, the rule of law, fundamental freedoms. If a country meets those conditions, it should be able to join the EU – if it is a European country and it has a European vocation.

Thirdly, there are concerns related to employment and the labour market, which are often linked to immigration. For instance in France, the Turkish EU accession is seen through the lens of certain problems related to the integration of the Muslim minority - if you can call 5 or 6 million people a minority, out of whom only a small portion are actually Turks.
The French fears have resulted in French leaders continued stress on concerns about Turkey being a transit country for illegal immigrants. Indeed, these same phobias have elicted discussion of possible derogations on labor and immigration issues that would be attached to eventual Turkish membership. Focusing on France, Turkey also won few friends when it was less than supportive about France's re-entry into NATO earlier last year, and won an enemy in previously supportive French Foreign Minister Bernard Kouchner when it moved to oppose the eventual election of Danish Prime Minister Anders Fogh Rasmussen as NATO's Secretary-General. Yet, it is not all bad news. Sarkozy's now infamous 2007 declaration that Turkey was not part of Europe, but of "Asia Minor," might have boosted his support among entrenched Turkey skeptics in France at the time, but there are now indications that the French president's rather asinine geography lesson energized the French left and helped consolidate support for Turkish membership, in fact because of Sarkozy's opposition. According to Pope,

although President Sarkozy may not have changed his own mind, his politicisation of Turkey’s EU membership during his election victory in 2007 has unexpectedly mobilised Turkey’s supporters in France. Left-wing newspapers now debate the merits of the country, whereas a decade ago they mainly picked apart Turkey’s then poor human rights record.

French businesses, anxious about what politician Pierre Lellouche early on thought was the loss of five billion euros worth of business, helped finance an ongoing nine months of 400 Turkish cultural events in 70 French cities. These plays, debates and shows -- including lighting up the Eiffel Tower in the red-and-white of the Turkish flag -- have probably done more to showcase Turkey than decades of diplomatic toil.
The German opposition is a bit different. Merkel, unlike Sarkozy, had promised previously to not directly prevent Turkey from gaining membership, and so refrained from blocking chapters as France did in 2007 (though the latter used Cyprus as the pretext). Yet, Merkel has made her opposition known all the same, and if the Christian Democrats do happen to still be in power at the time a final decision on Turkey is made, there will likely be difficulties. Germany continues to stress that accession negotiations with Turkey are open-ended, and that there is no right to or guarantee of membership, emphasizing that Turkey has stict obligations to meet the Copenhagen Criteria and reconcile its laws with the EU acquis (for example, see German EMP Elmar Brok's remarks in 2008 in response). While Germany's über-conservative Christian Social Union party remains publicly committed to "privileged partnership" (see, for example, CSU's criticsm of German Foreign Minister Guido Westerwelle's recent trip to Turkey), the CDU-CSU-FDP coalition agreement in effect since German elections in September makes no reference to it. Beneficial to Turkey's relations with Germany is strong trade between the two countries, as well as Germany's contibution of 17 percent to Turkey's foreign direct investment. There are also 1.2 million perople in Germany who enjoy dual German-Turkish citizenship.

Turkish and European proponents have plenty of work ahead of them if accession is to progress in the difficult times ahead, and it is clear that leadership and dialogue is what is needed most of all. European supporters of accession point to the fact that no enlargement has succeeded by looking only to popular opinion, putting emphasis on the time, work, and leadership that make enlargements successful. Swedish President Carl Bildt, who held the EU Council Presidency last term, expressed this opinion in the European Parliament's debates on enlargement last November.
We are all aware that there are those in our respective public opinions that would prefer to just shut the door to all of them [candidates seeking EU membership], hoping that the issue would go away, and opt for a far more closed idea of Europe. I belong to those who are convinced that this would be a mistake of historic proportions -- the consequences of which would haunt our Europe for a very long time to come.
Bildt echoed similar sentiments in an interview with Nigar Goksel, saying “the EU project and its important components, ranging from the euro to enlargement, have been the result of political leadership, not the result of a groundswell of love toward each other among different European nations. In fact, very little would have happened in the last 50 years without political leadership.” Here, arguments about the geostrategic importance of Turkey in terms of energy and influence in the Middle East, as well as Turkey-EU relations in terms of NATO, are all influential, and the more European leaders make them, the better.

Linking Turkey's Two Vocations -- Europe and Democracy

Final decisions about the "absorption capacity" of Europe for Turkish membership are a long way coming, but Turkey must do its part, too. While no accession has successfully taken place without European leadership, no accession has taken place without a groundswell of popular support in the acceding country for membership. Spain's accession to the European Union in many ways parallels Turkey in terms of the strong opposition Spain faced from countries fearing it relative economic deprivation and huge agricultural capacity; yet, the Spanish public was strongly supportive of EU membership and democratization following the Franco dictatorship, and success came with persistence. While there is indubitably more opposition to Turkish membership than Spain faced in the early 1980s, Turkey must overcome some of its political dysfunctions if it is to succeed. Nigar Goksel points to what the government might do to push forward in this endeavor.
While the EU process loses momentum, the agenda in Turkey has been consumed with clashing concepts of citizenship, competing patronage networks, colliding dogmatic visions, and culture wars. Loopholes in the constitutional system have allowed these battles to cause systemic deadlocks. The dysfunction in institutional checks and balances has led to a broad feeling of insecurity about the rule of law. By responding to this scene with patronizing and vengeful approaches, the government and its supporters only exacerbate the deficit of confidence and steepen the challenges for the government itself.

For the progressive taboo-breaking initiatives on the agenda to succeed, a concerted effort to reduce the perceived insecurity is called for. As long as the culture of reliance or vulnerability to the good graces of a political power persists, the fierce polarization that prioritizes personal and group interests over Turkey’s long-term interests will continue. The institutional and structural changes that the EU track will impose can curb this culture. However, rhetoric also matters. For the government to convince a critical mass about its commitment to its declared goals, rhetoric about freedoms and pluralism needs to be consistent across the ruling party’s ranks and across the range of issues on the agenda.
Rather than convince Turks of the benefits of EU membership for Turkey or sell its democratic values or culture to Europe, Turkey's government remains squarely focused on the technical aspects of accession, namely the EU chapters, and is frequently confrontational toward EU opponents. Neither is helpful. Essentially, the government has two jobs, both difficult: 1) sell Europe in Turkey, which is largely a rhetorical and public information effort, and 2) sell Turkey in Europe, which is a matter not only of satifying the EU acquis, but continuing to consolidate its democracy and pass reforms respecting human rights.

Selling Europe in Turkey

In regard to the first, building public support for accession would not only bolster the accession process, but also reforms the government would like to see passed -- and, now, with judicial reform all the more exigent, desperately need to be passed. Support for reforms as a function of EU membership is the lynchpin is critical to their realization. According to TESEV's Dilek Kurban, "For the people, Europe means a prosperous future. It is the only thing to inspire hope, to motivate people for change. This process is the only thing that holds the country together, Turks and Kurds, Muslims and others. If you lose it, what you’ll see is a disintegrating country." Even if one does not agree with the potential fallout Kurban identifies, most Turkish leaders would have a hard time denying the role the EU has in mobilizing reform, the motor the EU prospect provides when challenging the status quo and the powers that be. The entire reform process between 1999 and 2005, in addition to the meager reforms thereafter, were all largely driven by the EU, and the fact is hard to escape. EU reform is linked to accession, and when accession comes unglued, so does reform. This is one reason so many observers who know how determined the AKP is to pass reform on civil-military affairs and the judiciary have grown skeptical that the AKP is still in the pro-Europe camp.

Euroskeptics are not the only forces to blame for Turkey's low public morale for accession. Turkey's leaders must also own up, and do something about it as well -- otherwise, the alliance of the skeptics, and those who do not want to see Turkey in Europe, will win.

Selling Turkey in Europe

The government's constant confrontation with Turcoskeptics in Europe has done little to build support for accession in Europe, nor has it weakened the skeptics. Though frustration is understandable, countering Turcoskepticism is best left to European leaders supportive of Turkey. Prime Minister Erdogan's calling out of a smirking Greek Cypriot politician at a lunch in Brussels did nothing to win Turkey friends or damage the credibility of the likely less than credible Greek Cypriot. For another example of less than helpful behavior, see Erdogan's remarks during a dinner he hosted for the diplomatic corps in Sept. 2008, during which the Prime Minister declared, "Forget about drawing water form this well. [The EU has] got the bucket so stuck in the bottom of the well, it'll be a miracle to get it out at all." Rather than attack Euroskeptics, or in the latter case, Europe as a whole, if the government is serious about accession, it must focus on the reform process and selling the democratic values it shares with the EU. To this extent, rather than paying attention only to opening acquis chapters, the government should draw on the synergy of the accession and reform processes, enthusiasically embrace Copenhagen, and move forward with broad-based democratic reform, including a new civilian constitution. Even if chapters are not opened, there is nothing to prevent the government from working on reforms in anticipation, nor in using the EU anchor for leverage in so doing.

In an interview to Today's Zaman, Spanish Ambassador to Turkey Joan Clos referenced his own country's accession.
In the Spanish accession process, when we talked about interests and strategy, we never succeeded in the argument. We never moved the hearts of the Europeans when we said we were close to the Strait of Gibraltar, were very important for Europe or when we said our agriculture was very important and we had the largest area of farmland.

. . . .

But when we talked with our European fellows and said, ‘Look, we want to be in the EU because we want to stabilize our democracy forever,’ this was something understood by every European citizen on the street. To give weight only to strategic and business reasons for European accession is purely an argument of interests. To put emphasis on values is a much deeper emotional question. There are countries which have geo-strategic value and position apart from Turkey, but the kind of democracy that you have reached with the republic and that you are trying to improve through governmental and everybody’s efforts makes the difference for Turkey in relation to your neighborhood. This should be the main driving force. Democratic Europe cannot lose a growing democracy in this part of the world. If you ask a German, Frenchman or Spaniard, ‘Do you want to help Turkey to be a European-like democracy with our values or not?’ the answer would be yes. This is more important than oil or agriculture.
Yet, Turkish politicans rarely, if ever, makes such arguments, choosing rather to focus on geopolitics, energy, and Turkey's economic weight and satisfaction of the economic/financial Maastricht criteria. (In a EurActiv interview with Bagis, the EU Chief Negotiator is keen to talk about Maastricht, but defensive on Copenhagen. The latter has to be broached by the interviewer, while the former is volunteered.) While it is obviously easier to talk about geopolitical significance and past achievements than shortcomings and future reforms, it is the latter that is badly needed. Several Turks, including Turkish politicians, often say "reform is for Turkey," which is all fine and well, but does little to unite Turkey's democratic vocation with its European vocation. When the two are united, both seem to benefit; when they are not, neither seems to go very far.

The Final Decision

Assuming Turkey can avoid a full-out confrontation with the European Council over Cyprus, which still hangs around its neck and provides ample ammunition and room for maneuvering to its detractors in Europe, a final decision on Turkish membership is still a long ways off. While this might be frustrating to some extent, it should also take the pressure off and encourage Turkish politicans to focus on reforms rather than criticisms of Europe. Sarkozy, nor Merkel, are likely to not be in power by the time a decision can actually be made, and though Austria and France have both expressed intentions to put Turkish membership to referendum, to talk about the European politics on Turkish accession now is more than premature given the rapidly changing dynamics of the region, and just as importantly, the more democratic, human rights-oriented Turkey could be if its politicians keep their eyes on the ball.

Turkish Ambassador to Germany Ahmet Acet urges European politicians to focus on the Turkey of the next 10 years, but the same applies to the government and the opposition. And, while the new government line recognizes that the final decision is a long ways off, it should also stress, as Clos instructs, the Turkey's passion for democracy and Europe, best evinced by the reforms to be hopefully realized in those next ten years. Turkey's entrance into the European Union would not only assist in the consolidation of Turkish democracy, but would also assuage the fears of AKP-opposition forces and skeptics who claim the AKP does not actually want European membership and is rather using the accession process to further its own "secret" political agenda. Since the vast majority of Turks want democratic reform, which the government also claims to want, tieing reform to the accession process is not only politically useful in this historically Westward-looking country, long-defined by a love-hate relationship with the West, but symbolically potent.

With few chapters left to open, Turkey must maintain a reasonable amount of momentum, and Copenhagen and Maastricht are both answers. To this extent, President Gul's comments that Turkey might choose to go the way of Norway are not particularly helpful, as they do little to unite Turkey's two vocations, which the AKP, as well as the opposition parties, all outwardly espouse. Rather, Europe, largely hesitant about Turkey's political turbulence and ambivalent relationship toward democracy and the West, needs to be convinced Turkey wants Europe and democracy. The government, and the opposition, can do better. Time will tell.