13 September 2001

1. "Will the Turks lose their EU candidate status?", anger at the EU: Ankara isn't taking its reform obligations seriously.

2. "1982 Constitution made by military, endorsed by politicians", more than two decades after Turkey's last military coup, the country is still governed by the Constitution of that period

3. "Solution: democracy", coups are no solution yet it is sad that such incompetent governments like the one in Turkey make military interventions appealing for some...

4. "Turkey will not change its policy towards Israel", the Israeli daily Jerusalem Post quoted on Tuesday the Turkish foreign minister Ismael Cim as saying in an interview that Turkey will not change its policy towards Israel just because the Arab states wants it to do so.

5. "IHD Chairman Ondul condemns Suicide attack in Taksim", Human Rights Association (IHD) Chairman Husnu Ondul said on Tuesday that they condemned any kinds of acts of violence against physical and psychological existence of human being.

1. - Bremer Nachrichten - "Will the Turks lose their EU candidate status?":

Anger at the EU: Ankara isn't taking its reform obligations seriously

ISTANBUL / by Susanne Guesten / Translation by Kurdish Media

Turkey is to lose its status as a candidate for EU membership and thereby all hope for eventual EU membership if it isn't ready to begin membership negotiations within the next three years.

An ultimatum along these lines is under preparation in the European Parliament, which is extremely displeased with the progress in Turkey since it was granted candidate status in Helsinki two years ago. It is expected that, in November, a resolution will be placed before the plenary session of the Parliament in Strasbourg which limits the candidate-status phase of a potential member-state to five years.

Since so many socialists as well as conservatives support the proposal, it would seem likely to get an easy majority vote in the European Parliament.

According to Turkish press reports, it is also supported by the EU Commission. Turkey's candidacy, which began in late 1999, would expire at the end of 2004. Should the country not fulfill all the conditions to begin accession negotiations by that time, EU membership for Turkey would be permanently off the table.

"Turkey can't be a candidate forever" says Euro-Parliamentarian Ozan Ceyhun, who confirms Turkish reports regarding the planned ultimatum. As Ankara has done next to nothing to move closer to Europe since its recognition as a candidate at the EU summit in Helsinki, dissatisfaction is growing in Europe.

Ankara has done next to nothing to move closer to Europe since its recognition as a candidate at the EU summit in Helsinki

To date, the EU has lacked any "handle" on Turkey, which "calls itself a candidate, but does nothing about it." The Parliament, with the limitation of the candidacy period, seeks to create such leverage. The proposal is supported by both conservatives and socialists, and should be circulated during the debate over the progress report that the EU Commission will submit on Turkey. This report is expected in November, and is predicted to give Ankara a very poor report card.

Ceyhun has warned the Turkish government not to dismiss this initiative as an empty gesture of the relatively powerless European Parliament. Thinking is along these lines in other organs of the EU as well, he said. The Turkish newspaper "Hurriyet" has also reported that the EU Commission as well supports limiting candidacy to five years, within which period the two years of minimal progress since Helsinki would be included. Meanwhile, opponents of Turkish candidacy in various European countries are also greeting the proposal as a chance to undo the "mistake of Helsinki".

EU term president Belgium has already been irritated with Turkey for some time, particularly as a result of the controversy over the European security policy, and does not exclude the possibility of a re-evaluation of Turkey's candidacy. The problems with the Turks are to be taken up this weekend at the informal EU ministerial meeting at Genval, where both the European Parliament's new Turkish rapporteur, Alain Lammassoure, and Turkish Foreign Minister Ismail Cem are expected to be present.

The Turkish government of Prime Minister Bulent Ecevit has to date implemented next to none of the reforms that became obligatory last year along with the accession partnership agreement. Since the time period set at that time for the first group of reforms has almost expired, some three dozen constitutional amendments are scheduled to be voted upon in a special session of the Turkish parliament on 17 September; these fulfill the short-term demands of the EU. Ceyhun noted, however, that the Europeans will first observe whether and how these changes are also implemented in practice. "There have already been a great many resolutions promulgated in Turkey."

The political director in the Turkish Foreign Ministry, Volkan Vural, nonetheless reacted in a relaxed fashion to the warning from Strasbourg. He said that Turkey would fulfill its obligations in time, and thus that a capping of the candidacy period would not threaten its accession. People in Europe are less confident. To date, Turkey has not used its chance to become an EU member, says Ceyhun. "Ankara has to realize the European Parliament has now run out of patience."

2. - Turkish Daily News - "1982 Constitution made by military, endorsed by politicians":

More than two decades after Turkey's last military coup, the country is still governed by the Constitution of that period

While the government was forced to discuss the constitutional amendment package as part of the EU accession bid, professor Batum held politicians, who upheld the military Constitution for decades, responsible for its damage

The business community said the Constitution throttled Turkey's economic, political and social lifelines, while lawyer Cinmen and ex-minister Guzel urged Turkey to draft a new Constitution

After more than two decades since the military coup on Sept. 12 in 1982, the coup and the Constitution continue to be controversial. Recently the government has called an extraordinary session of the parliament to discuss a 37-Article constitutional amendment package to bring Turkish legislature in line with the Helsinki criteria set by the European Union, and the leading Turkish Industrialists' and Businessmen's Association (TUSIAD) has endorsed the constitutional amendment drive at a meeting.

As the coup and its Constitution garnered public interest on its 21st anniversary, businessmen, policy makers and constitutional law experts seem to reach a rough consensus that the Constitution which they said Turkey's blighted political and socioeconomic system needs serious overhauling.

On Sept. 12, 1980, the military took over the country as polarization rent society, assassinations turned streets into bloodbaths and the civilian government was defeated by the mounting violence. The military government closed the parties, and trade unions as well as a number of nongovernmental organizations (NGO) went defunct. In a further attempt to strengthen its hold on power, it arrested and jailed the leaders of parties and NGOs.

The military regime identified with the coup on Sept. 12 came under fire for its intimidation and squeeze of political leaders with the transition to a democratic regime in Turkey after 1983, and it was said the Constitution severely dimmed Turkey's prospects. It received notoriety for articles violating democracy and human rights, yet none of Turkey's governments since then have sought to revamp the Constitution.

The exigency to move on to constitutional reform as part of EU accession procedure has put the Sept. 12 coup in the limelight. TUSIAD called on such reform at a "Freedom of Thought" press conference in Ankara as part of its report "Democratization Perspective in Turkey and EU Copenhagen Political Criteria," and its rapporteur and constitutional law expert Suheyl Batum said political parties protracted the lifespan of the military Constitution.

Batum said constitutions drafted by military regimes were usually not long-lived as every Constitution reflected the reigning of ideology and worldview. He recalled that the Constitution of 1961 which had relatively advanced articles on human rights and freedoms became controversial in time. "The 1961 Constitution was shelved by its opponents who protested that it did not serve its purpose and did not reflect their views," said Batum.

Batum argued the architects of the 1982 Constitution "were afraid of parties and did not trust them" and criticized the Constitution for "not reflecting the reigning balance of power, shaking the rule of law and spawning unaccountable officials and institutions."

He said the Constitution was at loggerheads with the global planet boasting a liberal economy and politics. "The 1982 Constitution introduced wide ranging immunities for officials, deputies, ministers and the president and arbitrary regulations and laws like emergency rule. The judiciary was emasculated and Turkey and the law was made spurned. But in the 19 years that elapsed since the proclamation of the Constitution, no government has sought to change it. If Turkey is governed through a Constitution that defies the rule of law, this is the shame of successive Turkish governments. This is the Constitution of Turkish governments rather than that of Sept. 12. After all, this Constitution could have been changed at any time with some goodwill."

Batum maintained the measure of the success of a Constitution was its content and reflection of the extant balance of power rather than how it was drafted. He noted that while constitutions laid out the overreaching laws of societies, they were not binding. "Torture is forbidden in the Constitution and the laws but continues nonetheless. The Constitution enshrines an independent judiciary while the head of the court of Cassation contests if this is the case in Turkey at the beginning of each legal year. But none of the party chairmen worry about his protestations and move for an independent judiciary."

Batum stressed that good laws will create a safeguard for a well-regulated state of law and urged that the Constitution be changed under the guidance of the concept of the rule of law, prioritize the freedom of the judiciary, human rights and freedoms and scrap a number of immunities. He said constitutional change was absolutely necessary for Turkey and the new Constitution should be a charter of a societal compromise.

Turkey has been on a rollercoaster of democracy during the nineteen years when it was governed by a military Constitution, and constitutional reform was on the top of the agenda of the government, the business community and NGOs. The "Civilian Constitution Initiative" sought to rally people to the cause of a civilian Constitution. Initiative Chairman Ergin Cinmen said Turkey was in distress, with the Sept. 12 Constitution bearing part of the responsibility.

Cirmen recalled that a Constitution is the aggregate of laws regulating the public lives of the citizens and added: "Constitutions also guarantee individual rights and freedoms. But Turkey's political tradition is based on a centralized state throttling basic rights and freedoms. So we started to work to create a Constitution whose only reference is democracy and human rights, which does not defy ideologies and creeds, expands and protects the citizens' rights. We rallied people to the 'I want my Constitution' initiative."

Cinmen said every contemporary Constitution is cognizant of the deepening and propagation of democracy and the measure of a Democratic Constitution is not only its content but also its adaptation. Cinmen argued only laws ensuing from a societal debate received the mandate of the people.
"Constitutions cut off from society cannot initiate democratic processes even if they are well-intentioned and relatively democratic. The aspects of the 1982 Constitutions that are not in line with democracy are today criticized by the most authoritative judicial officials. So we can move by drafting a new Constitution.

"We believe that we are capable of living together with our differences. We can decide through a sustained discussion on the framework. We can turn the formative period of a new democratic constitution into a wide forum for consensus building."

Hasan Celal Guzel, former chairman of the New Birth Party and ex-minister, recalled that all of the Constitutions in the last 40 years were made during military regimes and said the 1982 Constitution was made by "a handful of militarist, fascistic, Jacobinist, top down half ignorant people." Consequently all of these Constitutions fail to reflect the public will, according to Guzel, while nowhere else in the world are Constitutions drafted to protect the state from the public.

Guzel noted that the 1982 Constitution put the state on a pedestal and was opposed to the well-being of the people. "The 1980 military coup was against the people. Nothing else was to be expected from it. The landslide vote for it was due to the desire to see the coup makers off as soon as possible."

Claiming that the Constitution was unlawful just as Court of Cassation Chairman Sami Selcuk noted, Hasan Celal Guzel said that therefore the 1982 Constitution should be exchanged for a new one. Claiming that the constitutional amendment package was prepared upon the insistence of the European Union, Guzel said "The constitutional change effort lacks depth."

Guzel recalled that one of the articles that should be changed in the Constitution is reducing the number of the military members of the National Security Council (MGK) and said: "If you add to the MGK it all the ministers and a few cowardly deputies, will you get anything different? What does military do in such a council? Soldiers cannot be members of the MGK. Normally politicians make policy, the military is only consulted."

Evaluating the military coup and the Constitution in the framework of constitutional change, the business community stated that Turkey needed a new Constitution to integrate with the global world. Autonomous Industrialists and Businessmen Association (MUSIAD) Chairman Ali Bayramoglu asserted that Turkey had experienced a process in 1980 where totalitarian structures adversely affected not only the political and social spheres but also the economy, but the February 28 process in 1997 hit the economy harder than the military coup.

Bayramoglu said the danger of religious fundamentalism was exaggerated during the February 28 process and Anatolian capital was squeezed: "As a result of the lobby of groups that exploited the state's economic resources, hollowed out banks and were enriched through graft during the February 28 process, Anatolian capital was linked with reactionary movements. The squeeze is still on."

3. - Hurriyet - "Solution: democracy":

Opinion by Ilnur Cevik

Coups are no solution yet it is sad that such incompetent governments like the one in Turkey make military interventions appealing for some...

Today is the anniversary of the 1980 coup, which derailed our political system in such a way that we have not yet been able to get back on track.

Turkey still suffers the pains of having to live with a semi-democratic system, which hurts its image among the family of civilized nations.

"All that will change," is the promise we frequently hear, yet we never see a move on the part of the politicians to do anything.

When conservative Suleyman Demirel came to power as prime minister in 1991 there were high hopes that he would join forces with his coalition partner social democrat Erdal Inonu for sweeping reforms. Demirel always pointed to the crooked political system, the serious deficiencies in the 1982 Constitution drafted by the military coup leaders and promised a serious overhaul of the system. That never happened.

Later many Turkish leaders spoke about the need to revamp the system but soon all the talk about democracy was shelved.

Then came Constitutional Court Chief Justice Ahmet Necdet Sezer, now the president, and Supreme Court of Cassation Chief Justice Sami Selcuk who both made major speeches calling for democratic reforms and the rewriting of the Constitution. Their calls received much support and it coincided with Turkey's efforts to enter the European Union. Thus, despite the negative attitude of the famous conservative establishment, which has blocked any democratization until now, Turkey has had to give a road map to the EU on how and when it will implement democratic reforms.

Now the time has come to change some of the anti-democratic articles in the Constitution that will at least lift some of the shadows on our democracy. Parliament will convene on Sept. 17 to amend 37 articles of the Constitution and thus introduce some basic rights and freedoms as well as more freedom of expression, provided of course the conservative establishment does not sabotage the process again.

We feel the ideal situation would be a complete overhaul of the Constitution but we have to suffice with these amendments for now. All we hope is that the parties are sincere and make a real effort to make serious changes and do not attempt to water down some of the amendments. Here the far-right Nationalist Movement Party (MHP), which has publicly said it has some reservations about the amendments, will play a crucial role.

The Sept. 12 coup only complicated matters and we are still suffering. People now realize military interventions do not solve anything. Yet, it is sad that when there is no political alternative and the government, which has become extremely unpopular, refuses to resign that some people start saying that the only way out would be a military intervention of some kind...

4. - Arabic News - "Turkey will not change its policy towards Israel":

The Israeli daily Jerusalem Post quoted on Tuesday the Turkish foreign minister Ismael Cim as saying in an interview that Turkey will not change its policy towards Israel just because the Arab states wants it to do so.

Cim added that Ankara is determined to improve its relations with Israel, describing the Turkish- Israeli relations as crucial for the region and do not threaten a third party.

The Turkish minister added that his country pins great importance on its relations with Israel with the aim of contributing to establishing stability in the region.

Cim also stressed that Turkey will not make any concession in its relations with Israel at a time when it tries to pursue a balanced policy with the Arabs. He said that Ankara will not " reduce" its relations with Israel just because the Arabs wants it to do so and simultaneously can not change its policy towards the Arabs, at a request from Israel.

On the Israeli- Palestinian conflict, Cim proposed his country's mediation to end this dispute and urged the two sides to end the violence and halt the bloodshed as soon as possible. He explained that due to its strong history, Turkey is completely persistent to intensify its efforts to reach a solution between the Israeli and the Palestinian sides, noting that Turkey is the only country which is close to the two sides, at the same time and that Ankara will continue to seize chance through intensifying its shuttle diplomacy.

He said that Israel has not to wait until the violence is ended completely before they will have peace talks and meet on the same table to talks about sensitive issues.

The Turkish minister urged the two sides to abide by the Mitchell report and called on Israel to alleviate the economic restrictions imposed on the Palestinians considering that such restrictions will not contribute to the stability of conditions.

5. - Anadolu Agency - "IHD Chairman Ondul condemns Suicide attack in Taksim":

ANKARA

Human Rights Association (IHD) Chairman Husnu Ondul said on Tuesday that they condemned any kinds of acts of violence against physical and psychological existence of human being.

Releasing a written statement, Ondul condemned yesterday's suicide attack in Istanbul's Taksim Square in which two policemen were killed.

''The IHD rejects violence in every field of political works and life in principle,'' he said.

Stressing that democratic standards could be increased with democratic methods, Ondul said, ''we condemn any kinds of acts of violence against physical and psychological existence of human being. We defend right to live for everyone without any conditions.''

Noting that the mentality of September 12 had still been dominant in Turkey, Ondul added, ''despite many deficiencies, 37-article constitutional amendment package should be adopted by the parliament. The package will be encouraging for the reforms required by our society.''