30
September 2004
2. "30 of 35 Demands by Women Were Accepted", sexual crimes are listed under "crimes against individuals;" the notion of "honor" is removed from the TCK; partner rape is considered punishable; domestic violence is defined as "torture;" the article on women marrying their rapists is removed.
3. "Kurdish Activist to Collect EU Peace Prize After Decade-Long Wait", Kurdish human rights activist Leyla Zana is finally set to collect the Sakharov Prize she was awarded in 1995.
4. "Turkey's long quest to join Europe", the European Commission welcomed the adoption of a revised penal code in Turkey at the weekend.
5. "Row over Turkish Cypriot role in EU-Islamic meeting", both Greece and Greek Cyprus have raised objections to the way breakaway Turkish Cypriots will take part in a meeting between officials from the European Union and the Organization of the Islamic Conference (OIC) in Istanbul next week, officials said here Wednesday.
6. "Kurds’ suspicion of US grows", during the last year, the larger protests against the war in Iraq here have featured sizeable and militant contingents from the Kurdish community. At the time of the invasion, the Kurdish population was deeply and evenly divided between those opposing and those favouring the US invasion, but in recent months, support among them for the US war has been weakening.
1. - AFP - "Rights activists gather in Turkey
to share expertise":
ANKARA / 29 September 2004
Some 500 human rights activists from around the world began a four-day symposium here Wednesday in a bid to share their experiences and draw on each other's expertise to further their work.
During the gathering, entitled "New Tactics in Human Rights", activists from 85 countries will hold several workshops to discuss a wide range of issues from torture to the role of non-governmental organizations in human rights.
"It is important to hold this meeting in Turkey because we still need to do a lot to bring the human rights situation to a satisfactory level," Murat Belge, from the Helsinki Citizens Assembly, said in his opening speech.
"This is not a paradise for human rights," he added. Turkey has for years come under intense fire from its Western allies and international rights activists for gross human rights violations, including systematic torture and extra-judicial killings.
But the government of Prime Minister Recep Tayyip Erdogan has adopted a swathe of reforms in recent years to meet European democratic standards to achieve Turkey's decades-old goal of joining the European Union.
"We have been determined to upgrade our democracy to attain high standards of human rights, protected by consolidated transparency and accountability of the system," Turkish Foreign Minister Abdullah Gul told the gathering. "We would not put any excuses in front of us for any shortcomings we have in this respect."
Gul acknowledged that the prospect of EU membership gave crucial impetus to Turkey's reform process and pledged that his government would ensure full implementation of the reforms, another key EU demand.
Turkey is eagerly awaiting a key report the European Commision will issue on October 6, assessing the country's achievements and shortcomings in fulfilling the Union's political criteria.
The report will be the basis for a decision by European leaders on December 17 on whether to open membership talks with Ankara, which has been an official EU candidate since 1999.
The opening of the symposium was also the scene of a small protest when some participants held up placards protesting the US-led invasion in Iraq during a speech by US ambassador Eric Edelman.
"US, enemy of peace, get out of Iraq," read
the placards. Edelman continued his speech, saying: "You have exercised
your right, now I would like to exercise mine." 
2. - Bianet - "30 of 35 Demands by Women Were Accepted":
Sexual crimes are listed under "crimes against individuals;" the notion of "honor" is removed from the TCK; partner rape is considered punishable; domestic violence is defined as "torture;" the article on women marrying their rapists is removed.
ANKARA / 30 September 2004
The Turkish Grand National Assembly (TBMM) approved the Turkish Penal Code (TCK) draft on Sunday, and made it into a law.
Thirty of the 35 proposed "Changes to the TCK Draft" by the TCK Women's Platform, were accepted by the parliament. The platform was formed three years ago.
According to women, the most important change to the TCK is that sexual crimes against women are no longer considered as crimes against "the society," or "the family," but "crimes against an individual."
Other improvements are as follows: Under the new TCK, domestic violence is defined as "torture," partner rape is considered a "crime," the notion of "honor" is removed from the TCK, and honor crimes, although defined as "tradition motivated," are listed under the article, "killing an individual."
Below are the regulations under the new TCK:
Gains
* Sexual crimes are listed under the section on "crimes against individuals;"
* Rape and sexual assault are clearly named and defined. The notion of "honor" has been removed from the TCK;
* It is clearly stated in the TCK that rape can be vaginal, oral or anal, or with the use of a device;
* Partner rape is considered punishable;
* When constant, domestic violence is defined as torture;
* Articles that distinguish and discriminate between married and single women, and those who are virgins and those who are not, have been removed from the TCK;
* Regulations on women marrying their rapists or those who kidnap them, have been removed;
* There will no longer be reductions to punishments for sexual crimes against a child on grounds that the child had consent;
* "Sexual harassment at workplace" is considered a crime.
Note implementation of "wrongful provocation"
Article 29 of the TCK on "wrongful provocation" opens the way for reduced punishments for crimes committed under "rage and intense anguish resulting from a wrongful act."
Under this article, it is necessary that a "wrongful act was committed" against the person to be handed a reduced punishment. When a woman gets killed because she was raped or enjoyed her sexual freedom, the case will not be considered under the article of wrongful act.
If adultery, which the government brought on the agenda "with the aim of protecting women's honor," had become a crime under the penal code, it would have been considered a wrongful act. And the murderer of an adulterous person would benefit from a reduced punishment. This is why it is important that adultery was not made a crime.
Since there is no statement among legal grounds under the "wrongful act" article, clarifying that "honor murderers may not benefit from a reduction in punishment," it is important that women's groups carefully watch the article's implementation.
Tradition crimes are honor crimes
Honor crimes, although defined as "tradition motivated," are listed under the article "killing an individual," and are punishable with heavy prison sentences.
Women's groups opposed the concept of "tradition crimes" and asked that the notion of "tradition motivated" under the article on "killing an individual," is rewritten as "honor motivated."
But under the article on reduced punishment in cases of wrongful act, the notion "tradition-honor murder" is included. This regulation shows that tradition can be used to mean honor. The law will be corrected through interpretation.
Demands that were not accepted
Virginity tests:
* Under the new TCK, virginity tests will only be conducted with the decision of a judge or a prosecutor. But the article on "sexual relations with the under-aged," prepares ground for virginity tests.
* With this new article, it has become easier to make a judge or a prosecutor decide for virginity tests.
* Under the article, the victim has no say over the virginity test. Health care personnel who conduct the test are not liable.
* The women's groups demanded that the TCK article on "Genital Exam" is rewritten to clearly ban virginity tests.
Sexual relations with the under-aged:
* This new article allows for imprisoning young people between the ages of 15 and 18 if they engage in sexual acts.
* This implementation conflicts with the Children's Rights Protocol, and the Global Declaration on Human Rights, ratified by Turkey.
Women's groups wanted this article to be removed from the TCK.
Discrimination:
The article on discrimination protects some economic rights while not punishing discrimination against homosexuals.
Women's groups wanted the article on "sexual orientation"
to be added to
that article, and asked that the article is rewritten to oversee "political,
economic and social" rights.
Obscenity:
Women's groups oppose the article on "obscenity" saying the notion is vague and does not define which acts are considered as such.
TCK Women's Platform argues that publications on domestic sexual harassment or books on sexual education could be banned under the article, because of this vagueness.
The platform asks that "this article, which opens
the way for the arbitrary limitations on the freedom of expression,
publication, education and press freedom, is rewritten in such a way
that it no longer limits the freedom of expression."
3. - EUobserver - "Kurdish Activist to Collect EU Peace Prize After Decade-Long Wait":
BRUSSELS / 29 September 2004 / by Andrew Beatty
Kurdish human rights activist Leyla Zana is finally set to collect the Sakharov Prize she was awarded in 1995.
Ms Zana is set to pick up the prize – awarded by the European Parliament almost a decade ago for her civil rights campaigning - following her release from prison in June this year.
Ms Zana, along with three other Turkish Parliamentarians, was sentenced to 15 years imprisonment in December 1994 after making an address in Kurdish and being accused of being a member of the outlawed Kurdish Workers' Party, the PKK.
Her release followed a series of sweeping judicial reforms in Turkey aimed at securing membership of the European Union.
She is expected to collect her prize at a ceremony at the European Parliament on 14 October.
Ms Zana is also expected to use her visit to Brussels
to press for amnesty to be granted to members of the PKK.
4. - BBC - "Turkey's long quest to join Europe":
BRUSSELS / 29 September 2004 / by Oana Lungescu
The European Commission welcomed the adoption of a revised
penal code in Turkey at the weekend.
It is one of the key elements in the country's bid to start membership
negotiations with the European Union (EU).
The penal code did not include a proposal to criminalise adultery, which had triggered a bitter row between Turkey and the EU.
While the decision opens the way to a positive report on Turkey by the European Commission on 6 October, questions continue to be asked about Turkey's preparedness to join the bloc in the future.
Satisfaction
Only a week ago, Turkey's bid to begin EU entry talks was in serious doubt - the parliament had delayed the adoption of the revised penal code.
Turkish Prime Minister Recep Tayyip Erdogan defended the move to criminalise adultery.
But after a snap visit to Brussels, Mr Erdogan announced that the parliament would reconvene for an emergency session to pass the revised penal code - without the controversial clause.
The parliament did so, to the satisfaction of commission spokesman Jean-Christophe Filori.
"Since we have said in the past weeks that the Turkish penal code is a central element of the democratisation and modernisation process in Turkey, we can of course only welcome the step," Mr Filori said.
Mr Filori repeated that the vote would allow the European Enlargement Commissioner, Guenter Verheugen, to make a clear recommendation on whether the EU should start entry talks with Turkey.
It is widely expected that Mr Verheugen will give Ankara the green light in a week's time.
Doubts
But several other European commissioners have expressed doubts about the consequences of the accession of such a big, poor Muslim nation. They include the Agriculture Commissioner, Franz Fischler, and Single Market Commissioner Frits Bolkestein.
Questions have also been raised in the European Parliament, during the ongoing hearings of the future members of the European Commission.
The designated Regional Policy Commissioner, Danuta Huebner, will manage over a third of the EU's annual budget.
When centre-right MEPs asked her if she had any concerns about the cost of Turkey's membership, Ms Huebner indicated that any cost calculations were purely speculative, as the country was not expected to join before 2013.
"... We should think about the consequences, but we shouldn't probably focus that much on numbers, because that will depend on the EU member states," she said.
'Irreversible'
Together with its report on 6 October, the commission will publish a study on the consequences of Turkey's EU membership.
But EU officials are against putting a price tag in terms of farming and regional subsidies.
It is a wonderful but meaningless exercise, one official told the BBC.
Even if Turkey joins around 2015, it may have to wait for a decade until it gets the full level of subsidies, the official said.
But some are already making political calculations.
French Foreign Minister Michel Barnier has backed calls by Finance Minister Nicolas Sarkozy for a referendum on Turkey before the country is allowed to join the EU.
The move is seen as an attempt to cool the public debate in France, where polls show that 56 % of people oppose Turkey's entry.
However, a referendum would have to wait another decade, since negotiations with Turkey are expected to last for many years.
The final decision to begin those negotiations will be
taken in December not by referendum, but by EU leaders - and French
President Jacques Chirac is on record as saying that Turkey's EU membership
is "irreversible".
5. - AFP - "Row over Turkish Cypriot role in EU-Islamic
meeting":
ANKARA / 29 September 2004
Both Greece and Greek Cyprus have raised objections to the way breakaway Turkish Cypriots will take part in a meeting between officials from the European Union and the Organization of the Islamic Conference (OIC) in Istanbul next week, officials said here Wednesday.
"There are objections from the Greek Cypriots and Greece. Since they are EU members, this naturally concerns the European Union as well," a diplomat told AFP on the condition of anonymity.
"We are in contact with the related parties to iron out the issue," he said.
At the core of the diplomatic wrangling is a decision by the OIC in June to refer to the breakaway Turkish Republic of Northern Cyprus (TRNC), which is recognized only by Turkey, as "the Cypriot Turkish state."
The decision was a gesture to the Turkish Cypriots following the strong support they gave to a UN peace plan to end the 30-year division of Cyprus in an April referendum.
The plan failed after the internationally-recognized Greek Cypriots rejected it in a simultaneous vote on their side. The outcome ensured that the Greek Cypriots alone joined the EU on May 1.
The Turkish Cypriots have observer status at the OIC. But the Greek Cypriots are fiercely opposed to any international moves that could imply recognition of the breakaway TRNC.
The Turkish diplomat said the OIC decision was in line with the failed UN peace plan which envisaged Cyprus's reunification in a loose federation between two separate states.
"Our preparations for the meeting in Istanbul continue accordingly," he said. The gathering will be the second of its kind since 2002. It aims to promote better ties and understanding between Europe and Muslim countries.
Foreign ministers from at least five countries are expected
to take part in the meeting, while other nations will be represented
by lower level officials, according to diplomats here.
6. - Green Left Weekly - "Kurds’ suspicion
of US grows":
TORONTO / 27 September 2004 / by Roj Shuhe*
During the last year, the larger protests against the war in Iraq here have featured sizeable and militant contingents from the Kurdish community. At the time of the invasion, the Kurdish population was deeply and evenly divided between those opposing and those favouring the US invasion, but in recent months, support among them for the US war has been weakening.
The cause of Kurdish national liberation in Iraq has interacted in complex ways with US intervention in the region. The creation of a de-facto Kurdish state in northern Iraq was an unintended byproduct of the first Gulf War in 1991. US imperialism has never given the slightest support to Kurdish aspirations for autonomy and statehood. But during the 1991 war, Saddam Hussein’s military drove millions of Kurds out of their homes, creating an immense refugee crisis on the Turkish and Iranian borders. It was to ease the refugee pressure that the US government declared a no-fly zone in northern Iraq. Seizing the opportunity, Kurds set up their own regime, independent of Baghdad.
The second Iraq war took a similarly unexpected course. Washington’s plan was for Turkey to invade Kurdish Iraq and establish control. But the Turkish government, sensitive to strong anti-war feeling among its own population, refused to intervene. As a result, the war, instead of extinguishing Iraqi Kurdish independence, reinforced it. Tens of thousands of Kurdish militia took part in the military campaign to oust the regime of their hated oppressor.
For the Kurds, this autonomy has represented a cherished opportunity for cultural and economic revival, free at last from the murderous attacks of the Saddam Hussein government.
Self-determination
The Kurds face the stony hostility of all the governments of the region — Iraq, Turkey, and Iran — and have no allies in a position to render effective aid. For 13 years the de facto independence of Iraqi Kurdistan has thus depended in part on US military protection. But Washington is the sworn enemy of Kurdish independence.
None of the major contending political forces in US-occupied Iraq today is willing to concede that the Kurds have the right to self-determination. Yet it will be difficult for the struggle to oust the US occupiers to succeed without unity of all Iraq’s peoples, including the Kurds. And Kurdish self-determination is essential not just to satisfy principles of justice, human rights and international law — but also as a practical necessity for the anti-imperialist struggle to go forward.
We are now witnessing a shift in opinion among Iraqi Kurds with regard to the US role. Kurdish Iraq is the one part of the country not under imperialist occupation. US soldiers go into Kurdistan only to shop — and then, in most cases, they are politely instructed to leave their guns behind and proceed under the guard of a Kurdish militia detachment. Kurds have every reason to wish that this situation continue.
Yet US imperialism makes no concessions to the right of Kurds to determine their own future. They give lip service to ideas of limited federalism, citing the US model, within a new US-dominated Iraqi state in which the Kurds’ future would be outside their control. When the US demands dissolution of Iraqi militias, the 80,000-strong Kurdish militia is an obvious prime target.
In this context, sentiment among Iraqi Kurds for national independence is deepening, along with suspicion against the Kurdish governments, who seem more interested in currying favour with the US invaders than in pressing the case for national rights. The governments — for there are two, representing rival coalitions of Kurdish capitalists — seem increasingly fearful that they may soon be swept aside by the people they rule.
Leadership in peril
The Kurdish leadership “is being blamed by Iraqi Kurds for selling out to the Americans to maintain their stranglehold on political and economic power”, write Ali Ezzatyar and Dariush Zahedi in the Beirut Daily Star of August 13. They note that the two Kurdish ruling parties have felt compelled to threaten, in vague terms, to withdraw from Iraq’s puppet government.
“If the reputation of Kurdish party bosses is further undermined, it will take only a modicum of revolutionary initiative by mid-level party officials or the Peshmerge (Kurdish militia) to send northern Iraq into a tailspin. A leadership more willing to reflect Kurdish popular wishes could take power”, they add.
Meanwhile, developments in Turkey are in some ways encouraging to the Kurdish cause. Motivated in part by the dogged resistance of Turkish Kurds and in part by the pressure of the European Union, which Turkey wishes to join, the government in Ankara has eased to some degree its repression of the Kurds and conceded greater legal space to Kurdish language and culture. The process in Turkey is complex and difficult, but it may be that the impulse to safeguard Iraqi Kurdish autonomy will come from events north of the border.
Referendum on independence
Recently the Kurdish people of Iraq took part in a referendum, in which 1.8 million Kurds voted almost unanimously for national independence. The Kurdish governments, however, refused to announce the results of the referendum, for fear of offending Washington.
The US government casually brushed off the results. In an August 19 press conference, US security advisor Condoleezza Rice said, “Iraq will need to remain a united country.”
Unity in struggle
As the present US assault in Najaf shows, the US military is counting on attacking its Iraqi opponents one at a time, crushing each one in turn. Kurdish aspirations for national self-determination are in headlong collision with Washington’s intentions for the region, and the Kurdish people are deeply hostile to US domination of their region. There is therefore a real possibility of forging a common front against the imperialist forces.
But whether this happens will depend on the attitude of opposition forces in occupied Iraq. The stand of friends of Iraqi freedom abroad also counts for a great deal. One positive step will be for anti-war coalitions to form strong links with Kurdish opponents of the US-led war.