9 December 2004

1. "GOC-DER declares its recomandations to Turkey ,EU and KONGAR-GEL before the 17 Dec summit", Immigrants' Social Solidarity and Culture Association (Goc-Der) by making a declaration with Van, Batman, Akdeniz and Diyarbakir Branches has released its recomandations about the Kurd Problem and the displaced people to Turkey which is highly willing to enter the EU, KONGRA-GEL (Kurdistan People's Party) and the EU.

2. "Key EU conditions for Turkish green light", herewith key conditions and warnings that the European Union is expected to set in return for a green light to start entry talks with Turkey next week:

3. "Cyprus recognition could stall Turkey’s European ambitions", the European Union looks likely to set a start date for Turkey's membership negotiations during an EU summit this month, but a dispute over Cyprus could stall the talks once they begin, Greece's foreign ministry said yesterday.

4. "Turkey outlines its terms before EU summit", Recep Tayyip Erdogan, Turkey's prime minister, yesterday sounded a defiant note ahead of a historic summit later this month, saying that if any conditions were added to Turkey's application for European Union membership, it would be "unacceptable".

5. "EU summit draft becoming a burden on Turkey", the second draft of the December 17th European Union (EU)'s leaders' summit is slowly becoming a burden on Turkey, reports Zaman daily.

6. "Syria frees 112 political prisoners", Syria freed 112 political prisoners under a presidential pardon on Tuesday, the official news agency reported.

1. - ROJ-TV - "GOC-DER declares its recomandations to Turkey ,EU and KONGAR-GEL before the 17 Dec summit":

Immigrants' Social Solidarity and Culture Association (Goc-Der) by making a declaration with Van, Batman, Akdeniz and Diyarbakir Branches has released its recomandations about the Kurd Problem and the displaced people to Turkey which is highly willing to enter the EU, KONGRA-GEL (Kurdistan People's Party) and the EU.

8 December 2004

The decalation mainly focuses on the displaced setlement, the hard conditios of the collisions from 80s till 90s the reurning of the displaced people to their original residences, the village pressure on the returning hopes and recomendations that can make contributions in solving Kurd problem.

The declaration says that about the question of displacement and recommendations for a durable solution that ''Hundreds of thousands of people were internally displaced from Turkey's south-eastern provinces during the armed conflict in 80s and 90s [so called low-intensity warfare]. According to official figures, 3848 settlement units were displaced during the conflict, which was accompanied by massive human rights violations and the destruction of property. Although property rights are protected under domestic law, forcible displacement of civilians and village destruction was implemented by state officials. As to statistics of United Nations High Commissioner for Refugees there were 2 million forcibly displaced people in 1995 and according to declaration of Helsinki Commission the number of the people in the consideration are 3 millions.To the Turkish Parliament’s Commission for Human Rights indicated in 1994 that there were 3848 emptied settlements the poplution of which was about 1.5 millions peopel but the number was revealed by migration and human rightd associton as more than 3 millions.''Whatever figure or data one considers to be reliable, no doubt what is spoken about here is the tragic Kurdish displacement. If we can not truly evaluate the tragic realities of the last twenty years, and if we simply regard it as evacuation of people in an emergency state, then it will be impossible to find a durable solution to the problem'' says the declaration.

While the forcible migration in Eastern and South Eastern provinces is a fundamental problem in the country, government's return programmes do not cosider it to be so. Return programs have lacked transparency and adequate consultation with the displaced population and relevant organisations. Since 1995, in response to domestic and international criticism, the Turkish government has launched a string of projects supposedly to assist return: central villages, model villages, the Return to Village Program, the Return to Village and Rehabilitation Project. These ventures were so badly conceived, underfunded, and lacking in genuine political will that it appears they were mainly intended to deflect criticism rather than provide homes and protection. Even, we know that the resources allocated for return projects have been used in supporting walls of some military stations in the region.

Goc-Der mentions that the pecac atmosphere achieved in late 90 not to been able evaluted a possible solution by saying :'' In the period of conflict, half of the state budget was allocated to military expenses and no initiation was put in use for the well-being of the region. Since 1999, with the announcement of a unilateral cessation of armed activities, a period of peace appeared as an opportunity for returns. However, this opportunity was not appreciated in these terms, but military operations has been continuing, attempts for evacuation of villages again has been on the agenda. Human rights violations has become no less than before the lifting of the state of emergency (OHAL)''

The declaration of the Goc-Der touches on the return problem of the displaced as such:

''It will not be easy for millions of Kurdish migrants to return their original settlement areas. Most of the displaced people are unable to return because of obstruction by village guards, and poor socio-economic conditions in former conflict-areas. Village guards hindered return by setting up checkpoints, denying displaced villagers access to their fields and pastures and attacking or intimidating those attempting to return to their homes. Village guards have also occupied the homes and land of the displaced. For many displaced people return is not an option because most lack the means to reconstruct their homes; and there is an overall absence of basic infrastructure in former conflict areas. The displaced have been offered limited compensation by the state for their destroyed properties. The administrative procedures require the displaced to relinquish their legal right to seek compensation for their displacement. However, our observations point out that the displaced people are willing and demanding to return, and whenever convenient conditions take place they will return to their settlements. Others are reluctant to make a move because they believe that once they return, the cycle of detention and harassment by government security forces may start again. Statistics by various organisations indicate a return around 5 % in the last six months, when there occured a relative relief in the region after the period of unilateral cease-fire. Those who returned in that period are the poorest living in extremely negative conditions on the periphery of cities and larger villages. Creating conditons for the return requires certainly some financial resource. As known, "the law on compensation for people who suffered loss or damage as a result of action by terrorist organisations and measures taken by the government to combat it," which is adopted in July 2004, though has some positive aspects, is away from solving the overall question of displacement. Even the title of the law is indicative of how far the national authorities are away from conceiving the problem. While it has to be a law on social reconciliation and peace as its title, it is titled as being about ‘action by terrorist organisations and measures taken by the government to combat it.’ We are anxious if, enacting the law, the state has mainly intended to deflect domestic and international criticism in these critical days, rather than showing genuine political will to solve the problem itself.

It seems impossible to find a solution for the problem as remaining just within the budget of Ministry of Internal Affairs. A genuine project for the return of Turkey's forcibly displaced villagers would be a huge undertaking with enormous financial, planning, and humanitarian implications. Therefore, the government should allocate a significant financial resource from the budget, in order to develop a series of projects aiming at solving displacement problems. EU countries and the Council of Europe should provide Turkish state with financial suipport for these projects. Furthermore, UN High Commissioner for Refugees, and domestic and international humanitarian organisations should contribute to the solution of the problem in line with their commitments and in accordance with the United Nations Guiding Principles on Internal Displacement. Similarly, local municipalities, migration organizations and humanitarian agencies in the Kurdish region should actively participate in return projects. Yet, such a comprehensive and significant project can be brought to successful conclusion only with the participation and common attempts of UN, EU, the Council of Europe, Turkish state, local municipalities,and domestic and international organisations for migration.

It has to be acknowledged that the national and international organisations cited above can not be considered as most sensitive and responsible when the tragic Kurdish displacement was taking place. However, today at least we can act demonstrating our sensitivity to the problem of return of the Kurdish displaced. And, we have to do it exactly.

Below are some recommendations for lifting the barriers before the return of the displaced:

Recomandations to Turkey

Great social turmoils and internal conflicts require a general amnesty. In order to reconstitute social reconciliation and stability in Turkey, it is necessary to declare an amnesty without any discrimination.
Before all, military operations and conflicts have to be brought to an end. This would be a significant contribution to social reconciliation.
The unfortunate system of village guardship should be abolished and the destruction created for many years by that system should be compensated. To solve the question of employment for ex-guards, it can be created new employment areas, like foresting again the now burned and damaged forest areas, or caleaning of stony areas (such as Karacadag) in order to make these areas convenient for cultivation and agricultural production. Hence, the social adaptation problem of village guards will be solved that way.
The state should clear landmines from villages and surrounding farmland, and give villagers documentary evidence that their village has been cleared of mines and munitions before they return.
The laws which com with 12 September military coup should be changed, and a new civilian Constitution should be prepared in line with EU norms.
Because one should not regard the problem of displacement as seperate from Kurdish question in general, the problem of displacement should be recognised as part of Kurdish Question, and constitutional guarantee and protection for rights of Kurds should be considered as contribution to the displacement problem.
As part of facilitating the return of the displaced, the state should ensure that infrastructure for villages and hamlets is restored at least to the standard prior to their destruction and evacuation, at state cost. Where villages are inaccessible for security reasons or because they have been mined, state should pay appropriate levels of compensation, including maintenance for the displaced, and ensure their access to health, education, and employment or other basis for an adequate standard of living. Feasible projects with social, economic, health, educational, and cultural aims should be implemented for the solution of the problems of the displaced.
After a conflict of twenty years, state should pay compensations to the damaged, without any prejudice and discrimination. establish an interim program for practical and financial support of villagers before, during, and after return, without prejudice to subsequent litigation they may open in the courts.
For those who do not want to return from big cities, state shoud develop projects of social adaptation. First of all, the projects for education, language and culture, and health, psychological consultation and rehabilitation centers, shelter units for women, and employment projects should urgently be implemented.
The social developments we are facing today point out that we are proceeding through a pocess of social reconciliation. So, a commission for investigation of the facts about the displaced will contribute to that process.

Recomandations to KONGRA-GEL

The people who would make sacrifices for peace and democracy are those who most needs them. In the name of fraternity of peoples, and of building up a peace and democracy, a cease-fire period is urgent even if it will be a unilateral one.
We support peace against war, and we regard life to be sacred as against death. We believe that no more destruction has to be made against our ecology. The peace should be declared for exalting again high values of humanity in the first centers of humanity, Anatolia and Mesopotamia.
Recomandations to EU

Solving the problem of forced displacement can not be conceived independent of solving the Kurdish question. In order to solve Kurdish question through peaceful and democratic ways, EU should contribute to the solution by naming the problem properly and by considering the Kurds as a side in the solution of displacement problem.
State budget by itself would be insufficient in financing reconstruction of infrastructure, rebuilding destructed villages, redevelopment of agriculture and stockbreeding as well as providing employment. So, EU countries should contribute to feasible projects for carrying out of these ends.
EU should support national and international projects which aims at psycho-social adaptation – first of all, solving language problem and then health, nutrition, employment, education, and occupational education-, and which treat returnees and those who choose to remain in city centers as two separate groups.
EU countries should start research about urban problems caused by forcible displacement and about living conditions of displaced people. For such a scientific research, EU countries should ask collaboration of universities, migration agencies, and other relevant NGOs in Turkey.
EU should take into consideration that village evacuations and other displacements are part of the assimilation against Kurdish population rather than ‘terrorist action.’ So, EU should not use the term ‘terrorism’ as against Kurdish population.
The new legislation with the EU accession process can not be seen to be in practice for certain laws. We consider necessary that the laws should be observed in practice.
In order for examining how it is put in practice "the law (5233) on compensation for people who suffered loss or damage as a result of action by terrorist organisations and measures taken by the government to combat it," EU should constitute a monitoring unit."

2. - AFP - "Key EU conditions for Turkish green light":

BRUSSELS / 9 December 2004

Herewith key conditions and warnings that the European Union is expected to set in return for a green light to start entry talks with Turkey next week:

TRAVEL RESTRICTIONS: The EU, facing concerns of a massive influx of immigrants from Turkey, reserves the right to impose permanent restrictions on the free movement of people. It may also demand long transition periods for Turkey to get EU money for farming or structural aid.

TALKS WILL BE LONG HAUL: Turkey cannot hope to join for at least a decade.
The draft summit conclusions say that entry talks for countries "whose accession could have substantial financial consequences can only be concluded after the establishment of the (EU's long-term budget plans) for the period from 2014."

TURKEY MUST RECOGNIZE CYPRUS: The EU wants Turkey to formally recognize Cyprus, the divided island which was among 10 states that joined the EU in May. Ankara has said it will not recognize the Greek Cypriot government on Cyprus until a durable solution is found to the 30-year conflict between the island's Turkish and Greek communities.

MEMBERSHIP NOT GUARANTEED: The EU will insist that the negotiations can be suspended, or even broken off, in the case of a "serious and persistent breach" of fundamental EU values. The EU warns that starting talks does not necessarily mean Turkey will eventually join the bloc, saying that "accession ... cannot be guaranteed beforehand."

3. - AP - "Cyprus recognition could stall Turkey’s European ambitions":

8 December 2004 / by Derek Gatopolous

The European Union looks likely to set a start date for Turkey's membership negotiations during an EU summit this month, but a dispute over Cyprus could stall the talks once they begin, Greece's foreign ministry said yesterday.

Costas Caramanlis, the Greek premier, and Jan Peter Balkenende, the Dutch prime minister, discussed Turkey's European aspirations and its refusal to recognise EU member Cyprus ahead of the summit on December 17.

Balkenende, whose country currently holds the EU's rotating presidency, was in Athens for a one-day visit before heading to Cyprus and Turkey.

Neither he nor Caramanlis made any comments after the meeting, but Dutch state TV quoted Balkenende as saying the EU wants Turkey to recognise the Greek part of the island.

"We cannot accept the current situation," NOS television quoted him as saying. "The EU position is: Turkey needs to move in Greece's direction."

Athens and Nicosia have been irked by Ankara's refusal to recognise the official government of Cyprus, which has been divided since 1974 after a Turkish invasion in the wake of an abortive coup by supporters of union with Greece.

Giorgos Koumoutsakos, a spokesman for the Greek Foreign Ministry, said after the meeting that Turkey's refusal to recognise Cyprus had to be resolved.

"Failure by a candidate to recognise an existing member of the European Union is an anomaly and an oddity for the European Union's institutions," he said.

Koumoutsakos said it was unlikely the EU would fail to give Turkey a formal negotiation timetable, but would not speculate on what the start date for talks would be.

"We are involved in very complex and difficult negotiations . . . a lot of work remains to be done," he added.

4. - Financial Times - "Turkey outlines its terms before EU summit":

ANKARA / 8 December 2004 / by Daniel Dombey

Recep Tayyip Erdogan, Turkey's prime minister, yesterday sounded a defiant note ahead of a historic summit later this month, saying that if any conditions were added to Turkey's application for European Union membership, it would be "unacceptable".

European leaders such as Jacques Chirac, the French president, have pushed for the EU to leave open the possibility of an agreement on December 17 that would allow the bloc to offer only "privileged partnership" should full membership negotiations eventually founder.

Turkey is not expected to finish the talks before 2015.

But in an interview with European journalists, Mr Erdogan reiterated that he would reject any such offer. "We have begun the match," he said. "You cannot change the rules of the game half way through."

Mr Erdogan said he had three conditions for the December 16-17 meeting of EU leaders, which will pronounce on whether to begin Turkey's membership talks. He said the EU had to offer Turkey full membership, a clear starting date for negotiations and no further criteria for entry.

He would therefore not accept any threat to link the EU's decision on Turkey and Ankara's tense relations with Cyprus, a country Turkey invaded in 1974 and with which it has no diplomatic ties.

The prime minister said that since the Turkish Cypriots of north Cyprus had supported a United Nations-brokered peace plan for the island, which was rejected by the Greek Cypriots of the south, it was "a bit unjust" to expect Turkey to do more.

"We believe that the question of Cyprus will find a solution in the UN," he said. "We don't want this problem to be put on the table on December 17th."

Tassos Papadopoulos, Cyprus's president, has threatened to use his veto at the December summit unless Turkey takes steps towards normalising ties. ships.

Despite the clear differences between his position and that taken by some EU member states, Mr Erdogan said he was confident of the results of the summit. "What pretext has the European Union for imposing new conditions?" he asked.

He said he had reached an understanding with Gerhard Schröder, the German chancellor, and Mr Chirac on discussing sensitive issues such as a possible French referendum on Turkey's membership, ahead of the summit.

"There are no obstacles left," said Mr Erdogan.

"It's out of the question that any new conditions are imposed."

He added that the entrance into the EU of Turkey, with its overwhelmingly Muslim population, would not pose a problem since the country was already a member of international organisations such as Nato and the Organisation for Security and Co-operation in Europe.

5. - Reporter.gr - "EU summit draft becoming a burden on Turkey":

8 December 2004

The second draft of the December 17th European Union (EU)'s leaders' summit is slowly becoming a burden on Turkey, reports Zaman daily.

The second draft leaves the decision of if and when to start negotiations to EU leaders. Although no specific date is suggested to begin negotiations, it is some consolation that the draft makes no mention of a "privileged partnership" as proposed by France, Austria and Denmark.
The revised draft presented by the Netherlands EU term presidency yesterday does include some new additions. The 17th paragraph now includes a reference to the EU's capacity for "digestion" of new members. This was particularly backed by Austria and the Netherlands as well as the Cyprus Greek administration. As the EU Council maintains the speed of integration, the digestion capacity is of importance to both the EU and the candidate countries.

The 18th paragraph of the first draft which praised Turkey has been toughened by noting that the application is irreversible, that the Commission will watch the reforms closely, and that there will be zero tolerance of torture and abuse which will be tightly monitored. The second draft makes no change to the text urging Turkish recognition of the Greek Cypriot administration as a recommended expansion of the Ankara agreement to include the new members. The 20th paragraph touches upon border issues and recommends that any border issue that may affect Turkey's membership should be brought to the International Court of Justice. Also, possible restrictions on the free movement of the Turkish labor force are underlined in the second draft.

Although the first draft said negotiations could be suspended if 1/3 of the members or the Commission so desires, the second draft has been made more ambiguous. The required minimum of "1/3 of the member states" to suspend negotiations has been changed to read "at the demand of the member states."

In the UK, meanwhile, the Financial Times has reported that French President Jacques Chirac has set forth three conditions for the start of membership negotiations. The first condition is that "if the negotiations fail, Turkey may be formally accepted with a lower status than full membership." The second condition is that an article recognizing the French public's right to hold a referendum to veto the membership even if the negotiations are successful be appended. The third condition is that negotiations not begin before the second half of 2005. The Times wrote, however, that Chirac is personally in favor of giving full membership status to Turkey.

6. - Reuters - "Syria frees 112 political prisoners":

DAMASCUS / 7 December 2004

Syria freed 112 political prisoners under a presidential pardon on Tuesday, the official news agency reported.

The agency did not give details about the prisoners that it said were released “in the framework of a presidential pardon.”

It said another 20 prisoners were released in November.

It was not immediately clear how many political prisoners were left in jail but estimates vary between none and hundreds, depending on the criteria of political prisoner, lawyers said.

Several hundred of the Arab country’s Kurdish minority were arrested during riots by Syrian Kurds in northern cities that erupted after a soccer match brawl in March.

“There are people who are sentenced to jail terms on charges that might not be seen as political by the authorities but there are hundreds of prisoners yet to be released,” lawyer and human rights activist Anwar al-Bunni told Reuters.

Bunni said activists were trying to identify who had been released in the latest move.

One source said the prisoners were from “all the colours of the political spectrum ... I am not certain but I think that there are no political prisoners left.”

Bunni said 160 others have been released so far this year.

Hundreds of political prisoners have been released since President Bashar al-Assad came to power. He introduced a measure of political freedom, but critics say authorities later cracked down again on political activists.