The European Commission released the Turkey 2009 Progress Report on October, 14, 2009. The aim of these progress reports, which have been prepared and released every year since 1998, is to assess the progress of candidate states in their way towards full membership to the EU. In equivalence, the progress report on Turkey assesses the country’s capacity in meeting political and economic criteria and obligations towards accession. While both the domestic and external agenda of Turkey have been changing in a rapid pace, it is not surprising that the Commission tried to include in the progress report a wealth of examples and issues related to rights and freedoms that had surfaced in Turkey during the reporting period.

What does the Commission say?

The report mentions limited progress in the application of political reforms and positive developments regarding freedom of expression, freedom of the press, freedom of association and gender equality underlining, nevertheless, its continuing concerns over these fragile issues. It touches, also, upon several issues that have been “boiling” in Turkey during the last year in regards to freedom of speech. It positively mentions the prevention of the application of article 301 of Turkish Criminal Code as well as the signature-collection campaign for an apology to Armenians, organized by 200 Turkish intellectuals. However, it is important to note that the report also underlines the existing problems with the legal framework, which should guarantee freedom of speech and freedom of the press in the country, by giving the example of high tax fine against Dogan Media Group. Importantly, the report notes that in the Turkish public opinion there are several ongoing debates regarding sensitive national issues; namely the Kurdish issue, minority rights and the role of military and the heritage of Ataturk. In this respect, the role of Turkish civil society, NGOs and civil society members in Turkey’s EU accession process is emphasized and appreciated by the Commission.

Further positive developments have been seen in the field of freedom of religion. The Report highlights the successful adoption of the Law on Foundations and its smoothly implementation, as well as positive developments regarding Alevis. However, the existence of continuing problems related to freedom of religion is emphasized. Commission also criticizes that the religion and ethics course is still mandatory for all primary and secondary class students, while non-Muslim communities still face problems with the training of clergy. Because of the lack of legal personality, the Halki (Heybeliada) Greek Orthodox seminary still remains closed and the Ecumenical Patriarchate continues not to be free to use the ecclesiastical title “Ecumenical” on all occasions. Thus, the contradiction between the understanding of “laicism” in Turkey and the concept of freedom of religion in the Commission’s approach is more than obvious.

According to the Report, despite progress in regards to economical and social rights and gender equality, women’s rights still remain problematic. Womens’ participation in the labour market and womens’ access to education remain still very low. Additionally, the report mentions the regrettable continuation of domestic violence, “honor killings” and early and forced marriages. As far as children’s rights and labour and union rights concerns, significance progress has been notified. While the establishment of TRT 6 as a state channel which broadcasts in Kurdish is criticized as a step forward, the report, however, underlines the limited progress regarding minority and cultural rights and the protection of minorities.

Turkey’s significant role in the region and its positive initiatives towards its neighbours, such as Armenia, Syria and Iraq, are appreciated and supported in the progress report. Nevertheless, the country’s unrelieved approach towards Cyprus regarding its refusal to open its ports and airports to Cypriot ships and airplanes is criticized. According the Report, to join the EU Turkey must meet this specific condition.

In fact, this year’s report refers to persistence of the same problems and the Commission’s reasonable concerns towards Turkey’s progress in many issues. Obviously the progress report underlines the positive developments and Turkey’s progress in the application of several reforms since the beginning of its accession process, nevertheless there are still some disagreements on the Cyprus issue, ecumenical title and minority rights issues between Turkey and the EU. The report concludes that achieving a consensus on basic democracy, human rights and the rule of law standards will solve all of the disagreements at the mutual interest of both sides, before Turkey’s full accession to the EU.

Turkish views

The report on Turkey for 2009 has been criticized for being a school report with poor grades in a number of issues. In the Turkish public debate, questions related to the absence of any authority, which would also grade the EU, especially in its relations with Turkey, come up among Turkish elites, intellectuals, related institutions, civil society members, media and public. After the release of the Progress Report, the EU was more criticized in Turkey as unfair and unclear. Regarding many issues, ranging from Customs Union decision 1/95 to notions of ‘privileged partnership’, European Union’s approach towards Turkey has been criticized in Turkey as having ‘double standards‘ when Turkey has any progress and becomes closer to the membership. Some of the arguments which surfaced again in Turkey in regards to the EU’s alleged double standards are analyzed below.

On EU-Turkey relations, Turkey has been criticized since 2005 for slowing down its reformation process. At the same time, Chancellor Merkel and President Sarkozy and Austrian government insist on the emphasis of the notion of “privileged partnership” as an alternative to full membership neglecting. In Turkey, the acceptance of such an alternative is impossible. Besides, the aim of Turkey’s full accession to the EU, when the appropriate time comes, has been approved four times by 1963 Association Agreement, 1995 Customs Union decision, being candidate in 1999 Helsinki Summit and opening negotiations in 2005.

Additionally, in every occasion related to the EU-Turkey relations, the Cyprus question comes up as an obstacle for Turkey’s accession process. The EU blames Turkey for failing to open its ports and airports to the vessels and airplanes under the Cypriot flag. Hence, Cyprus blocks 5 chapters and France blocks 8 chapters of the acquis during the negotiations with Turkey, creating a big obstacle for any further steps in Turkey’s accession process and increasing prejudices towards the EU and its credibility within Turkey. Much criticism has been raised as to why the Commission chooses not to mention any kind of negative developments and burdens that stem from the EU side affecting Turkey’s accession process and as to why there isn’t any timeframe of negotiations with Turkey.

Visa procedures that are applied to Turkish citizens by the EU member states are considered to be a big burden for Turkey. Turkey still has not been given any roadmap for visa-free travel, while visa application for Romanian, Bulgarian citizens and also for Croatian citizens – who are still not EU citizens – had been abolished from the beginning of their negotiation talks. Moreover, it is decided by the EU to proceed with visa-free travel arrangements for the citizens of FYROM, Montenegro and Serbia by the beginning of 2010 and Albania’s, Bosnia; Herzegovina’s and Kosovo’s situation will be on the discussion table by mid-2010.

Despite several decisions of the Court of Justice of European Communities (ECJ) related to the freedom of movement of Turkish citizens and the freedom of Turkish goods, capital and services – according to 1963 Ankara Agreement and 1970 Additional Protocol, and to 1995 Customs Union decision 1/95 -, the EU prevents the legal rights of Turkish citizens, falling in a great paradox in regards to the application of the four freedoms of the Union and also the aim of Customs Union. Furthermore, it’s been pointed out the heavy visa application procedures, even rejections and the unequal competition procedures of EU member states towards Turkish manufacturers, businessmen and many professionals, who should enjoy same rights with their European colleagues according to the Customs Union that Turkey entered in 1996.

Another important element, causing criticisms in Turkey, is the free trade agreements (FTAs), the EU undertakes with third countries. It should be adjudicated that FTAs the EU will sign with the third parties must be put in force concurrently with the one to be made with Turkey, not to have any injustice in the Customs Union towards Turkey. Otherwise, while any third country enjoys the sale of its products in Turkish markets, Turkish manufacturers and businessmen face heavy custom tariffs, burdens and quotas in the respective third country, which does not wish to sign a FTA with Turkey. Consequently today many businessmen, manufacturers, academics, lawyers and journalists in Turkey who have been strong supporters of Turkey’s EU accession process for decades, have started to become skeptical towards the EU feeling discontent because of its insincerity towards Turkey.

Additionally, it is argued that if financial aids provided to candidate countries during the previous accession negotiations are taken into consideration, funds allocated for Turkey are extremely inadequate.

In relation to the Cyprus issue, Turks consider that any agreement between Greek and Turkish sides in the island will be supported by their country. However, the result of the 2004 Referendum on the Annan Plan is still debated in Turkey. Turks feel cheated by the EU because of the accession of Greek Cypriots in the EU before any solution was reached in the island and after the rejection of the Annan Referendum. Therefore, for the opening of Turkish ports to Cypriot vessels and planes, Turkey demands the acceptance of a regulation by the EU which approves direct trade with the Northern part of the island. The EU demands from Turkey the opening of its ports to Cypriot vessels and planes according to the requirements of the Customs Union. However, in this regard, oppositions within Turkey increase towards the EU. Given the fact that Turkey meets the requirements of the Customs Union, mentioned above, Turkish businessmen and manufacturers seem dissatisfied not to have the same and equal rights with their European colleagues.

Conclusions

Despite the existence of several criticisms from the EU towards the reform pace in Turkey and the country’s negative political and economical developments, Ankara has undertaken several reforms during the last decade. It is clear that Turkey is eager to be a full and equal member of the EU. In this regard, recent regional and democratic moves in Turkey’s external and domestic affairs, such as the signature of the Protocol with Armenia for the establishment of diplomatic relations and developments for the solution of Kurdish issue, show Turkey’s importance for the stability and security of the region and also for the EU. Importantly, today Turkey is the 16th largest economy of the world and 6th in Europe. These recent developments in Turkey and its importance in the region, especially for energy security, will make Turkey an asset in the EU, not a burden. In fact, the Commission stands positive towards Turkey’s accession. It is only some EU member states and their concerns in domestic politics that make things difficult for Turkey.

Therefore, if the Commission targets membership date to 2014, by keeping in mind the criteria that Turkey should meet until the accession time, the Commission should also work more and make the incomplete dossiers ready for negotiations for the well-being of accession talks. Both Turks and Europeans need to keep in mind that these progress reports assess the capacity of candidate states on their road to full membership. This means that efforts of some EU member countries to develop alternatives to full membership of Turkey to the EU contradict with the main aim of the reports. It is also clear that if accession process continues without a continuous pace and a clear aim towards a specific date, and if the EU continues to approach Turkey as the ‘Other’ rather that as a country with a long history and relations with Europe and a negotiating candidate of the EU today, these progress reports will lose their positive meanings and effects in due course.