1. "EU head office starts meeting on Turkey", the European Commission on Wednesday recommended the start of EU membership talks for Turkey but set stiff conditions to prevent it from backtracking on sweeping democratic and human rights reforms.

2. "Main points of EU report on Turkey's membership bid", herewith the main points of a European Commission report due to be published Wednesday on whether the EU should agree to start membership talks with Turkey, according to leaked copies of the document. The report is widely expected to give Ankara a green light while warning there is a long road ahead.

3. "TCK Protects the State Not Media", the improvements brought about by harmonization regulations to articles on "dangerous provocation" and "insulting the state," have been kept in the new TCK. But the new law brings about new crimes for the media members including Internet reporters.

4. "'Reforms and Punishments Conflict' on Media", Gun TV and Can TV were ordered off the air by RTUK for 30 days for broadcasting Kurdish songs and programs. "RTUK is considering our application to broadcast in Kurdish, while at the same time, it is punishing us for Kurdish programs" said Gur of Gun TV.

5. "Turkey's fragile economic recovery", Turkey has bounced back from the economic crisis of early 2001 and "is on its way to becoming a new tiger economy", according to the International Monetary Fund (IMF). On the face of it, this is good news for Turkey, but it is no guarantee of a smooth path ahead for its turbulent economy.

6. "Beware that the Kurdish powder keg doesn't blow", with national elections and the trial of Saddam Hussein looming, Kurdish party leaders in Northern Iraq are scrambling to convince their electorate that their promises on the future of the Kurdish areas will be implemented.

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1. - AP - "EU head office starts meeting on Turkey":

BRUSSELS / 6 October 2004

The European Commission on Wednesday recommended the start of EU membership talks for Turkey but set stiff conditions to prevent it from backtracking on sweeping democratic and human rights reforms.

The decision was reached by a "large consensus" among commissioners, one EU official said, but no vote was taken. There was also no recommended date to start negotiations.

"It is a qualified yes," Prodi told European parliament leaders. "It's flanked with a whole series of recommendations for monitoring and verifying what situation is actually like and specific recommendations."

EU Commissioner Franz Fischler said that while Turkey had a long road ahead, there no longer was reason to reject its application.

"There is no more ground to be opposed fundamentally to the start of entry talks," he said.

While the recommendation boosted Ankara's long-standing aspirations to join the European club, the commission warned it would suspend or even halt EU membership negotiations over any serious and persistent failure to respect democracy and human rights.

EU Commissioner Antonio Vitorino said the recommendation included conditions to suspend talks if there is a worsening of human rights. There was no deadline indicated for when talks should end.

If the European Commission's recommendation is approved by the 25 EU leaders at a December summit, entry talks could begin in early 2005, capping years of lobbying by Turkish leaders who say their country could form a bridge between Muslim countries and Europe.

Many Europeans — including some commissioners — are wary of admitting Turkey, an overwhelmingly Muslim country of 71 million people, into the EU fold. Several commissioners have expressed skepticism about allowing in a secular Muslim nation with a weak economy and a questionable human rights record, whose projected population would be the largest in the EU by 2025.

The opening of membership talks would be warmly welcomed in Washington, which has for years pushed the EU to absorb Turkey, a loyal NATO ally that lies on the doorstep of the Middle East.

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2. - AFP - "Main points of EU report on Turkey's membership bid":

BRUSSELS / 6 October 2004

Herewith the main points of a European Commission report due to be published Wednesday on whether the EU should agree to start membership talks with Turkey, according to leaked copies of the document. The report is widely expected to give Ankara a green light while warning there is a long road ahead.

Main recommendation:
"Turkey sufficiently fulfils the Copenhagen political criteria to begin membership negotiations."

Length of negotiations:
"The necessary preparations for accession will last well into the next decade. The EU will evolve over this period and Turkey should change even more radically," said an impact study to be released with the Brussels report.

Human rights and protection of minorities:
The draft report notes that Turkey has made "considerable" progress in adopting international human rights conventions. But it notes that "388 individuals filed complaints of human rights violations from January to June 2004."

Torture and ill-treatment:
"Most of the the legislative and administrative framework required to combat torture and ill-treatment has been put in place since 2002, when the government declared its intention to pursue a zero-tolerance policy against torture." But the report said that "although torture is no longer systematic, numerous cases of torture and in particular ill-treatment still continue to occur and further efforts will be required to eradicate such practice." "Turkey still needs to pursue vigorously its efforts to combat torture and othe forms of ill-treatment by law enforcement officials."

Freedom of expression:
The draft report noted a "reduction in the number of prosecutions and convictions in cases related to freedom of expression. "Nevertheless, there are still a significant number of cases where non-violent expression of opinion is being prosecuted and punished."

Freedom of the press:
"Notable progress has been made," but "journalists, writers and publishers continue to be sentenced for reasons that contravene the standards of the European Court of Human Rights." The leaked report noted that "the first broadcasts in languages and dialects other than Turkish were aired on radio and television by state broadcasting corporation TRT in June 2004" but said these were subject to strict conditions and were limited in duration. "Previous restrictions imposed on broadcasters, including the requirement to respect the principle of 'the indivisible unity of the state,' remain
unchanged."

Freedom of religion:
"Although freedom of religious beleif is guaranteed in the constitution and freedom to worship is largely unhampered, non-Muslim religious communities continue to encounter obstacles." The report noted that non-Muslim religious communities "are not allowed to train clergy."

Gender equality:
"The new penal code is generally progressive in terms of women's rights, addressing such crimes as 'honour killings,' sexual assault and viriginity testing." But "sustained efforts will be required to ensure that women take an equal place in society."

Influence of the military:
"Civilian control of the military has been strengthened... with a view to aligning it with practice in EU member states." But "the armed forces in Turkey continue to exercise influence through a series of informal mechanisms."

Corruption:
Despite progress in fighting graft, "surveys continue to indicate that corruption remains a very serious problem in Turkey."
"Continuous support at the highest poltical level for the fight against corruption would be welcome."

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3. - Bianet - "TCK Protects the State Not Media":

The improvements brought about by harmonization regulations to articles on "dangerous provocation" and "insulting the state," have been kept in the new TCK. But the new law brings about new crimes for the media members including Internet reporters.

ANKARA / 5 October 2004 / by Erol Onderoglu

The new Turkish Penal Code (TCK), which is still awaiting approval by the president, is likely to result in serious practical problems, although it encompasses some improvements on the freedom of media and expression.

The improvements brought about by harmonization regulations to articles 312 and 159 of TCK on "dangerous provocation" and "insulting the state," have been kept in the new version. But the new TCK expanded the channels through which the members of the media can be legally charged.

Regulations on "encouraging for committing suicide," "confidentiality of communications," "insult," "the confidentiality of private life," "crimes against social peace," "obscenity," "affecting prices," "crimes against the court," "genital examination," "putting people off from serving in the military," "acting against basic national interests," and "state secrets," may be used as examples.

"Insulting" state officials

For example, article 125 on "insult," states that "an individual who hurts one's honor, dignity and reputation, will be sentenced to three months to two years in prison or handed a fine." Section 3/a of the same article includes a regulation, which would affect publications or broadcasts in criticism of a state official because of their jobs.

Accordingly, the minimum sentence for committing this crime "against a state official because of his/her post," is a year in prison.

Internet is in TCK

While the implementation of these regulations are awaited, Internet reporting, which the TCK defines as new media, may lead to problems in implementation due to a lack of technical, corporate and legal shortcomings.

Under the title, "Crimes in the Information Technologies Field," there is a list of crimes including, "Penetrating into information technology system," "hindering or disrupting information technology systems, and erasing or changing data."

Fine under Press Law, prison sentence under TCK

In contrast to the Press Law, which states prison sentences may be commuted to fines with few exceptions, the new TCK brings about increased prison sentences for the media members. For that reason, TCK and the Press Law reflect a different psyche and mentality.

For example, article 19 of the Press Law No: 5187 states that "individuals who publish opinions on a judge or court proceedings while the court trial is still continuing and before a ruling has been made," will be fined 2 billion Turkish liras (USD 1,300) to 50 billion Turkish liras (USD 33,300). The fine may not be less than 10 billion Turkish liras (USD 6,700) in regional broadcasts and 20 billion Turkish liras (USD 13,300) in widespread broadcasts.

However, article 288 of TCK on "attempting to influence a fair trial" envisages a "prison sentence from six months to three years." Paragraph 2 introduces a heavier sentence for "media organizations."

15 years in prison for acting against "basic national interests"

Under paragraph 8 of article 220 on "setting up an organization with the aim of committing a crime," individuals disseminating propaganda for an organization or its goals, are sentenced to a year to three years in prison. The prison sentence is scaled up by half when the propaganda is made through by media organs.

Another article that was being criticized during the drafting period was article 305 on "acting against basic national interests."

This article, aimed at being used to convict people for defending, for example, the withdrawal of Turkish troops from Cyprus, or for recognizing the Armenian genocide, was approved by the parliament.

Under this article, individuals who get financing from foreign individuals or institutions either for him/herself or for someone else, with the aim of acting against basic national interests, will be sentenced to three years to ten years in prison and a fine.

If the "financing is received or promised for disseminating propaganda through the media," the prison sentence is scaled up by half.

"Putting people off from serving in the military"

The article on "putting people off from serving in the military," which has caused controversy in the past, has not been removed from the TCK. Under article 318, "individuals who act, inspire, or suggest things that would put people off from serving in the military, will be sentenced to six months to two years in prison." The sentence is scaled up by half if committed through the media.

Paragraph 2 of article 133 on "listening to and recording people's conversations," states "an individual can be sentenced up to six months in prison or fined, for secretly recording a conversation between others without their consent." Under paragraph 3, the sentence is scaled up by half for members of the media.

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4. - Bianet - "'Reforms and Punishments Conflict' on Media":

Gun TV and Can TV were ordered off the air by RTUK for 30 days for broadcasting Kurdish songs and programs. "RTUK is considering our application to broadcast in Kurdish, while at the same time, it is punishing us for Kurdish programs" said Gur of Gun TV.

DIYARBAKIR / 5 October 2004 / by Erol Onderoglu

Turkey's Radio and Television Higher Board (RTUK) ordered Diyarbakir's "Gun TV" (Day TV) and "Can TV" (Life TV) off the air for 30 days for broadcasting Kurdish songs and programs. The television stations stopped their broadcasts on Sunday, September 26 as a complaint they made to a local court was not concluded.

"Gun TV" employees covered their mouths with black bandages with "RTUK" written on them, to protest the decision, and attended the live "Music Land" program.

Mehmet Dalgic, an official of the "Can TV" told bianet that they had to stop broadcasts because the court did not make a decision.

Gur: The situation is in conflict with the reforms

Zafer Gur, the head of the board of directors of the "Gun Radio TV," who attended the Music Land Special program, said "implementations that limit the public's right to information, which is one of the basic principles of democracy, have to end."

Gur said that was the way they protested RTUK's decision to order the station off the air for 30 days.

Gur said it was a real contradiction that RTUK was handing out such punishments while accepting applications for braodcasting in Kurdish. "It is against democracy that stations are being punished for broadcasting Kurdish conversations, while the government is making certain legal amendments to get a date from the European Union on December 17 to start accession negotiations," said Gur.

Penalty for Kurdish songs and conversation

During a meeting on August 17 and 25, RTUK decided to punish Gun TV for broadcasting programs that "violate the state's existence and independence, the state's indivisible integrity with its country and people, and the principles and reforms of Ataturk."

RTUK said Gun TV made these violations by broadcasting a music program on November 20, 2003, which included a Kurdish song, and a symposium called "Diyarbakir is Discussing Local Administrations," on December 3,4 and 5, 2003, which included Kurdish conversations.

Can TV was punished for the "Music Program" and "News Program" both broadcast on January 7, 2004. RTUK said these programs "incited violence, terror, ethnic discrimination and promoted hatred and enmity."

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5. - BBC - "Turkey's fragile economic recovery":

5 October 2004 / by Jorn Madslien

Turkey has bounced back from the economic crisis of early 2001 and "is on its way to becoming a new tiger economy", according to the International Monetary Fund (IMF). On the face of it, this is good news for Turkey, but it is no guarantee of a smooth path ahead for its turbulent economy.

Turkey's most prominent concern at the moment is its ambition to join the European Union (EU).

On Wednesday, the European Commission will make its recommendation about whether or not the EU should begin accession talks with Turkey.

For the moment, discussion about Turkey's accession has been dominated by issues of democratic and human rights, which have overshadowed its flourishing economy.

Economic argument

The EU's 25 national leaders are due to make a final decision in December on whether or not to push on with Turkey's entry talks.

And although a variety of other arguments will sway their decision, at the end of the day any invitation to join would have to rely on economic arguments.

These would range from how well Turkey could cope with EU rules and regulations on matters such as safety at work, budget deficits or free trade, to how great the cost of allowing Turkish membership would be to existing EU member states.

The EU has already worked out estimates for the latter, though no conclusive single figure has been made public.

However, unconfirmed EU estimates of how much Turkey would receive in subsidies reportedly range from about 16.5bn euros ($20.5bn; £11.4bn) to 33.5bn euros.

Recovery

Turkey would clearly be a net benefactor of EU membership and in some quarters this fact is already fuelling resistance against its entry.

But the more important economic focus will be on Turkey's macroeconomic health, and in this area its recent performance has been impressive.

"For a few months in late 2000 and early 2001, Turkey hovered on the brink of economic collapse," according to the IMF.

In dealing with the economic crisis, Turkey initiated a comprehensive structural and economic reform programme that involved letting the country's currency float freely and granting independence to the central bank.

During the last three years, Turkey's economic growth has averaged 6-7%, beating the IMF's forecasts of 5%.

"Industrial output continues to rise," says Hakan Aklar of Ak Investment. "Economic activity is still strong."

Meanwhile, inflation has plummeted from more than 100% a decade ago to single digits now.

"The central bank has managed to restore credibility in terms of dealing with inflation," says Reza Moghadam, assistant director of the IMF's European Department.

Debt mountain

But Turkey's massive debt - which includes $23bn owed to the IMF and billions borrowed via the international bond markets - remains a major obstacle to its ambition of joining the EU.

"In the new member states of the European Union, gross public debt is typically about 40% of gross domestic product (GDP)," says Mr Moghadam.

"At about 80% of GDP, Turkey's gross debt is double that figure."

Turkey's debts have largely arisen from its efforts to push through banking reform after a run on the banks in 2001 caused the country's devastating recession.

"There is no question that although Turkey is doing much better than in the past, it remains quite vulnerable," says Michael Deppler, director of the IMF's European Department.

"Its debt is far too high for an emerging economy."

Looking ahead, it is crucial for Turkey to hammer out a viable debt repayment plan.

The hope is that the attraction of potentially joining the EU will focus the government's mind.

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6. - The Daily Star - "Beware that the Kurdish powder keg doesn't blow":

6 October 2004 / by Ali Ezzatyar

With national elections and the trial of Saddam Hussein looming, Kurdish party leaders in Northern Iraq are scrambling to convince their electorate that their promises on the future of the Kurdish areas will be implemented. However, the Kurds, who had temporarily forgotten their past betrayal by the Americans and their allies, have rediscovered resentment, and are directing it against their own leadership. Last week, demonstrations took place in Kirkuk demanding Kurdish independence. The carbonated drink that is northern Iraq has been shaken, and when the top pops off is anyone's guess.

Since the dissolution of the Iraqi Governing Council, the leaders of the Patriotic Union of Kurdistan (PUK) and the Kurdish Democratic Party (KDP) have been engaged in a diplomatic war with American officials to secure guarantees on issues they consider non-negotiable. Among these is full autonomy for domestic policy within a future Northern Iraqi enclave, control of Kirkuk, and veto power over Iraqi governmental decrees. According to Kurdish party leaders, little headway has been made with respect to the latter two issues.

Surely as a result of this lack of success, KDP leader Massoud Barzani recently made the bold statement that Kurds would be willing to wage war, if necessary, for the establishment of a Kirkuk under their control. He borrowed the rhetoric of his father, calling Kirkuk the "heart of Kurdistan," and insisted there would be no negotiation on its final settlement and that it must be under full Kurdish control - a virtually unanimous attitude among the Kurdish people.

American officials have been tight-lipped about their plans for the oil-rich city. However, they seem to have little concern about satisfying the desires of Kurdish party leaders over and above those of the entire Arab world and Turkey, which regard Kurdish control of Kirkuk as inimical to their interests. Indeed, even under the best of circumstances, the central government in Iraq would have control of Kirkuk's resources (which the Kurds find unacceptable), and that is what the struggle is really all about.

A "geographical heart" is supposed to lie at the core of an entity, but Kirkuk sits on the outskirts of Iraqi Kurdistan and is teeming with non-Kurds. To be sure, however, it is the bloodline of any successful independent Kurdistan. This is precisely why Turkish Foreign Minister Abdullah Gul has repeatedly warned that a Kirkuk under Kurdish control would be "unacceptable." With both Turkey and the Kurds unwilling to negotiate over their completely divergent perspectives, it comes down to the reality that the Americans, Arabs, and Turks dominate any Iraqi negotiation process. What are the Kurds to do?

Equally tenuous for Kurdish party leaders is their assertion that Kurds are entitled to veto power within any future Iraqi state. From the perspective of Iraq's Arab Sunni and Shiite populations, this is tantamount to giving Kurds power far surpassing their demographic weight - 15 percent of the population. As far as the Kurds are concerned, however, a lack of veto power would be disastrous for their community's future in Iraq. What would ensure that the Kurds are not again faced with a familiar pattern of being offered promises that are subsequently retracted? Recall what happened with the Transitional Administrative Law, which gave the Kurds effective veto power over a final constitution, but which was later all but abandoned by the U.S. and the interim Iraqi government.

Kurdish demographics will also have an impact on American decision-making. Why would the U.S. offer the Kurds a powerful voice in Iraqi domestic and foreign affairs if their minority status risks offending the rest of the players at the Iraqi table who vastly outnumber Kurds? Conversely, why should the Kurds settle for anything less than what they had before the U.S. embarked on its war in Iraq? Lets not forget the Kurds had de facto independence for more than a decade, with no compulsion to answer to anyone. The sweet taste of freedom is hard to forget, and the Kurdish memory is selectively keen. Again, what are the Kurds to do?

One can safely say that a majority of Kurds have lost faith in the Iraqi political process. They are convinced, almost beyond the reasonable, that they will be betrayed. What their party leaders have neglected to properly explain to them is that this is not betrayal as such. It is no big secret that the dismantling of a Kurdish authority within the Iraqi system was always a matter of time once the Iraq war became inevitable. The Kurds colluded with the U.S. because they had few other choices. It is doubtful they would be in a better situation had they taken an alternate route.

The PUK and KDP were hoping for a miracle that never came. Kurdish party leaders were trying to manufacture something that was not feasible: A just solution to the Kurdish problem, short of independence. That the Kurds in Northern Iraq seek such independence is no secret, except apparently to the Americans who will be responsible for cleaning up the mess once it spills over. Perhaps we are dealing with vintage American policy after all. That is, taking the easy (and temporary) road at the expense of the weakest party, as opposed to the more complicated one that offers a just solution. Yet what is important to remember is that the weakest party in Northern Iraq can still do serious damage.

* Ali Ezzatyar is a doctoral candidate in law at the University of California, Berkeley. He wrote this commentary for THE DAILY STAR