TÜRK DELEGASYONU ÜYELERİNİN GENEL KURUL TOPLANTILARINDA YAPTIĞI KONUŞMALAR

AVRUPA KONSEYİ PARLAMENTER MECLİSİ OCAK GENEL KURUL TOPLANTISI

27-31 OCAK 2003, STRAZBURG

 

PROGRESS  REPORT  OF THE BUREAU AND THE STANDING COMMITTEE

Mr MERCAN(Turkey). – As this is the first time I am under this historic roof and addressing this august body, I would first like to greet the members of the Assembly.  I sincerely hope to contribute to the work of the Assembly and to the values and ideals it stands for.

            I would like to thank the rapporteur for his report.  Since the report has an exclusive addendum on the parliamentary elections held in Turkey on 3 November 2002, I would like to present some observations.

            Turkey has a long-standing tradition of democracy.  Elections have always been held in a free, fair and transparent manner.  The parliamentary elections of 3 November are a clear testimony to this democratic tradition in Turkey.  The members of the Parliamentary Assembly ad hoc committee who were in Turkey during the elections observed for themselves this very democratic phenomenon in Turkey.

            I believe that the election observation missions of the Parliamentary Assembly have an important role to play in monitoring the way in which elections are held.  Nevertheless, these missions should focus on transition countries and the new member states of the Council of Europe.  The observation missions play a positive role in monitoring this process of transition.

            In line with these considerations, I consider that the decision of the Bureau to implement the decision taken in 1999, allowing the extension of the observations of elections to states which are undergoing an Assembly monitoring procedure, should be revised.

            I recall that the members of the ad hoc committee themselves considered their mission in Turkey as a visit to a long-standing member state of the Council of Europe at the time of parliamentary elections.  I entirely share their doubt about the linkage between the election observations and the monitoring procedure of the Assembly.  I strongly believe that these two are separate procedures which do not have any automatic link.

            I none the less hope that the positive assessment of the elections by the ad hoc committee will duly be considered by relevant committees of the Parliamentary Assembly.  I also call our Assembly to consider positively our remarks with regard to the implementation of the 1999 decision in the future.

            Now, I want to say a few words about the comments on evaluation of the political situation in Turkey.

            I regretfully want to point out that AKP, the party that I belong to, has been labelled in the report as “moderate Islamic” party.  It has also been falsely said that our Chairman had brought Islam into the election campaign.

            The truth is that the AKP is a conservative democratic party which supports secularism, democracy, human rights and the rule of law.  We strongly believe that there shall be no religious party in our country and religion and political matters should be stricly separated without any doubt.

            I would also like to note that neither my chairman nor anyone in my party has used Islam in the election campaign because of our strong belief on the separation of religion and state.

FREEDOM OF EXRESSION IN THE MEDIA IN EUROPE

Mrs BILGEHAN (Turkey). – First of all, I would like to thank the rapporteur for the comprehensive work she has presented to us.  Freedom of expression, in particular in the media, has always been an outstanding issue in terms of the democratic process in every society.

            Free, pluralist and independent media, in conformity with the responsibilities derived from professional principles, is an essential indicator of the democratic maturity of nations.

            Since the report comprises some assessments about the freedom of expression in the media in Turkey, I would like to give some information to the Assembly about the recent develoepments which have taken place in Turkey in order to allay some concerns that might concurrently arise.

            The media, as in all other countries, has constantly been strengthened politically, economically and socially also in Turkey.  Its role in all aspects of life has increased, as have the requirements of the media.  Therefore, the new regulations and amendments within the context of the ongoing reform process in Turkey have brought new guarantees for the freedom of expression in the media due to its increasing importance and relevant universal standards.

            Freedom of the press and the right of every individual to obtain information, as among the basic principles in fundamental rights and freedoms, has already been guaranteed by constitutional provisions.  Those provisions also comprise the dissemination, publication and distribution of thoughts as well as expression without any censorship.

            While it is generally accepted that freedom of expression is, and remains, the cornerstone of democracy, there are certainly some permitted restrictions encoded within the international treaties which in turn allow for a degree of interpretation in what the extent of a free speech should be.

            According to the Constitution, freedom of the press can only be restricted with a view to preventing crime, punishing the offenders, witholding information classified as state secrets, protecting the rights of others and a few other circumstances ensuring the accurate functioning of the judiciary.  These restrictions, as indicated in several landmark cases by the national and international courts, are proportionate to the legitimate aims pursued, and do not go beyond what is necessary in a democratic society in order to protect the individual and/or the state.

            As the Assembly is well aware, the ongoing reform process has gained new momentum in the past year.  Significant legislative amendments introduced new provisions which strengthened the existing safeguards not only in the field of freedom of expression, but also in privacy of individual life, freedom of association and gender equality.  These reform packages were adopted within the framework of the Turkish National Programme for the Harmonisation of the European Union acquis communautaire.

            Legal restrictions on learning and broadcasting of different languages and dialects traditionally used by Turkish citizens have been removed; thus freedom to broadcast is totally ensured.  The amendment to Article 159 of the Turkish Penal Code extends the limits of freedom of expression in conformity with the norms of the European Convention on Human Rights.

            There is a new “human rights culture” that is fast taking hold in Turkey and the Turkish nation is determined to achieve a thoroughly democratic society, where human rights are fully respected and the rule of law prevails consistently.

            We also expect those who criticise us to take into consideration the remarkable progress that has been achieved so far.  After all, there is no perfection in the field of human rights and there is always room for improvement for every country.  Working towards achieving the highest standards of human rights should be a duty and responsibility of each member of the international community.

Contribution of the Council of Europe to the constitution-making process of the European Union

Mr AKÇAM (Turkey). – I would like to extend my thanks to the members of the Political Affairs Committee and rapporteur for this timely and excellent work.

            As we all know, the Council of Europe’s expertise in the fields of freedom, security and justice, fundamental rights, certain aspects of common foreign and security policy is undisputed.  On the other hand, Turkey is a member of the European Convention, and I have read the report rather carefully and my suggestions and contributions are as follows.  First, I fully share the view that the Council’s acquis should be taken into account regarding its relations with its “immediate environment”.  Secondly, the European Union should incorporate the European Convention on Human Rights in the future constitutional treaty to strengthen the legally binding mechanisms for the protection of human rights in Europe.  Thirdly, the representatives of the national parliaments make up the majority of the Convention.  The European Council’s recognition of this composition indicated that national parliaments constitute one of the fundamental elements of democratic legitimacy.  However, in Convention debates, representatives of national parliaments have not had an influence commensurate with their numerical strength.

            It is my firm conviction that  national parliaments can play an increasing role in helping to make the Union more democratic and to bring it closer to its citizens.  As the report of the working group on subsidiarity has recognised, national parliaments have a specific interest in, and responsibility for, respect for the principle of subsidiarity.

            I strongly support the idea of reforming the Conference of Community and European Affairs Committees.  To that end, COSAC should be equipped with an administrative secretariat facilitating greater continuity and better efficiency.  If the reform of COSAC is achieved, it would be necessary to reflect this in the provisions of the future treaty.  I believe that unless it finds a meaningful place for national parliamentarians in the European architecture, the Convention will have failed in one of its central tasks.  Thus, the results of the Convention will not provide an enduring and solid basis for the democratic and peaceful Europe which we all wish to build.

            Lastly, as we all know, since its inception, the Council of Europe has achieved a multicultural and inter-religious dialogue within a pluralist system among its members.  Through integrating the religious dimension of different heritages, it has created a model of tolerance which will considerably help those who propose to build a perpetual peace for the whole of Europe.

 

 

Mr GÜLÇIÇEK (Turkey). – First of all, I would like to thank the rapporteur for his report which is well-prepared and exhaustive   I believe that the report touches on an issue of high importance.

            The draft recommendation addresses many economic aspects of the issue of ageing population and social policies in Europe.  It emphasises the importance of concerted political action over the short, medium and long term in view of the population ageing in Europe and the accelerated population growth in the world in general.

            I also read with great interest the Opinion given on behalf of the Committee on Economic Affairs and Development Co-operation  which, while acknowledging at the same time the rights of the elderly to a secure old age, puts a special emphasis on the need for Council of Europe member states to reform employment policies, improve working conditions for their young people, and to revise their policies and strategies so as to remain competitive with the “younger” countries in other parts of the world.

            Today, unemployment in some Council of Europe member states still occupies a special place that has to be tackled and treated carefully.  A breakdown of population and unemployment by age groups and by sex reveals the fact that women and those in the 15 to 24 age group are the most vulnerable segments of our societies which need special attention.  Young people with lower, or no, qualifications constitute a considerable part of unemployed people.  In addition to this, the labour market needs to be modernised in order to meet the needs of a competitive economy,  paarticularly in the field of ICT in the modern knowledge-based economy, though the efforts relating to the improvement of professional qualification standards have been intensified to a certain extent.

            Besides investment incentives given to businessmen and support to SMEs, a focus on training and skill acquisition courses, vocational training for adults and promotion of entrepreneurship, as often stressed in the European employment strategy, are also the key issues for most economies.

            The policies designed for and measures taken on matters regarding education and training are one of the most effective ways to relieve unemployment and create job opportunities.  Our focus could be, inter alia, on employment guaranteed labour training courses, training courses for those wishing to start their own business – entrepreneurship training – training courses for occupational development, vocational rehabilitation training courses for the disabled or industrial training seminars – in-company training.  In Turkey, efforts are being exerted by relevant Turkish institutions in these directions.  In order to increase efficiency and utilise manpower resources in an more effective manner, steps should be taken to strengthen the co-operation between public and private sectors and other related institutions and universities.

            Emphasis must be placed upon training for a qualified labour force at all levels within and outside the educational system and upon organised and extended vocational technical education, skill-acquisition training, pre-service and on-the-job training and lifelong learning programmes.

            In Turkey, the employment of young people occupies a more important position in our system as the rate of persons aged over sixty-five is about 5% now.  Our priorities differ from some European countries due to this demographic structure.  The government made a social security reform in 1999 to, inter alia, improve the system’s operational effectiveness.  Within the framework of this reform, the minimum retirement age was raised to fifty-eight in females and sixty in males and the minimum contribution period was raised to twenty years.

            I also share the view expressed in the report of the Committee on Economic Affairs and Development Co-operation to the effect that Council of Europe member states may well have to revise their policies in view of the immigration pressure from outside Europe, when the older generation retires from the labour markets and there remain fewer people of working age to take their place.

 

 

TOWARDS FULL INCLUSION OF PERSONS WITH DISABILITIES

Mr AÇIKGÖZ (Turkey). – The draft recommendation and the report on the social integration of people with disabilities touches on a highly important and topical subject. I congratulate the rapporteur, Mr Surján, on his excellent report.

            The declaration of the year 2003 as the European Year of People with Disabilities will give new impetus to policies and initiatives aimed at resolving the specific problems of people with disabilities. This is a good opportunity for our governments and international institutions to deploy their efforts in that regard.

            I pay tribute to the achievements of the Council of Europe in protecting the rights of people with disabilities and in drawing up specific policies for them. Through its standard-setting instruments, the recommendations of our Assembly and the Committee of Ministers, our Organisation has greatly contributed to the social status and the rights of people with disabilities.

            Let me also mention the important contributions made by the partial agreement in the social and public health field and by the European conferences of specialised ministers. Those achievements are important steps for people with disabilities to become fully fledged citizens who have equal rights but also specific requirements. I support the continuation of those efforts in the Council of Europe.

            My country attaches great importance to the protection of people with disabilities. We believe in the necessity of guaranteeing effective access to equal social and economic rights for them. There exists a real will and concrete achievements in that regard, and we are determined to pursue our efforts at national level.

            I subscribe to the points made in the draft recommendation, which encourages international co-operation and aims to achieve effective protection of the rights of people with disabilities while facilitating their access to social and economic rights.

CONFLICT IN THE CHECHEN REPUBLIC

MR ATEŞ (Turkey). – First, I thank the rapporteurs for the good work that they have done.

            The tragic situation and current level of tension in the Chechen Republic of the Russian Federation continues to be a concern for us all. Stability in the Caucasus region is closely related to the Chechen issue. Maintenance of peace and security in the wider Caucasus region has a direct impact on the stability and welfare of our region. I believe that a political settlement is the only viable solution for a durable peace and security in the region.

            The parameters of a political settlement were laid down in the Final Declaration adopted by OSCE at the Istanbul Summit in 1999. I believe that dialogue between the two sides could be the only way to bring about a lasting solution to the issue. However, I and many others are concerned with the deadlock in the political dialogue process. At the same time, we are deeply concerned about the plight of Chechen refugees in the entire region as relief efforts, both local and international, remain inadequate. I cannot but share the concerns of the United Nations High Commissioner for Refugees and the Council of Europe about the closure of the displaced person’s camps and involuntary displacement of their inhabitants to Chechnya.

            I believe that a heavy responsibility rests on the shoulders of the Council of Europe. As one of the main European institutions standing for the protection of human rights, as well as democracy and the supremacy of the rule of law, I very much welcome and appreciate the work and efforts of the Council’s experts who are working at the office of the Special Representative of the Russian President. Indeed, following the cessation of activities of the OSCE office in Znamenskoye, as of 31 December 2002. the Council is the only western institution dealing with the human rights and rule of law aspect of the situation in Chechnya.

            Continuation of this mission is essential if we are to prepare ground that is conducive to a political settlement. Therefore, I would like strongly to call upon the Russian authorities to continue and accelerate co-operation with the Council’s experts. Providing the necessary conditions to hold a referendum, with good timing, on the draft constitution would be an important move to that end. Steps taken by the federal authorities to protect human rights in the region would also prove Russia’s readiness to reach a political solution to the problem.

 

IRAQ

Mr MERCAN (Turkey). – An extraordinary situation has prevailed in Iraq since it invaded Kuwait in 1990. The embargoes have very much hurt the Iraqi people, and the country constitutes a source of instability and concern in the Middle East. A war in Iraq would have adverse effects on the whole world system, but their full magnitude is unpredictable today. That should be a source of deep concern to all countries and not just to those in the region.

            All countries – whether they border Iraq or not – should do everything that they can to avoid war.

            Military intervention in Iraq without international legitimacy is bound to raise serious questions of moral justification and political rightness. It would also create an undesirable precedent. I strongly believe that it is still possible to resolve the Iraqi question through peaceful means. Peace initiatives and diplomatic steps have not yet been fully exhausted. There is still time for a peaceful settlement.

            I believe that regional diplomatic initiatives have a contribution to make to the decision-making process on the Iraqi issue. As Prime Minister Gül said in his speech on Monday, his visits to five regional capitals has paved the way to a joint effort to give peace a much needed chance.

            We should be very clear that the prime responsibility for preventing a war lies entirely with the Iraqi leadership. We should put pressure on the Iraqi Government to endorse full, unconditional, unequivocal and immediate compliance with the relevant UN Security Council resolutions. It goes without saying that Iraq must do much more to dissipate the clouds of war gathering in the Middle East.

           

Mr ATEŞ (Turkey). – The Iraqi issue is indeed a long-standing one.  Before commenting on the situation we are facing today and the dangers posed by it, we must remember how we arrived at this point.  The Iraqi issue has continued, in its various aspects, for no fewer than twelve years now.  Throughout those years, the Iraqi people have suffered the devastating consequences of war and sanctions.  And throughout those years, northern Iraq turned into a “no-man’s land”, and into a “safe-haven” for terrorists where they could conduct their operations into Turkey.  As we determinedly fought this “organised evil”, we had to bury in our hearts thousands of souls.

            Furthermore, Turkey has suffered temendously in economic terms.  Trading routes were disrupted, traditional markets were lost and construction contracts of important volumes were suspended.  These caused unemployment and losses of tens of billions of dollars in revenue.  Not only my country, but also the whole region was destabilised and adversely affected.

            Having lived through these consequences, we are sincere in our desire for the restoration of conditions of normalcy in Iraq.  The Turkish government played an important role in trying to persuade the Iraqi leadership to co-operate with the international community on the elimination of its weapons of mass destruction.  At long last, four years later, the Iraqi government has decided to allow the return of UN weapon inspectors unconditonally.  Their findings have been reported to the Security Council very recently.  It seems unfortunate that the report is rather negative.

            We are passing through a final phase before the Iraqi government fully understands the gravity of the situation.  No-one in this room doubts the seriousness of the stage we are at.  And it is the will of the international community that the Iraqi government adheres fully to all the relevant UN Security Council resolutions.  As part of that already problematic geography, as a regional power, and more importantly as people who have special historic and cultural relations and links to the people of Iraq and the region, we have serious concerns regarding any miscalculations that might destabilise the region.  It should be remembered that military action has not brought a lasting and viable solution in the Middle East.  On the contrary, military action further complicated problems that were already difficult and carried them onwards to other generations.

            Bearing this in mind, Turkey spares no effort for peace and security to prevail in the region and will continue to do so.  We know well that we have historic responsibilities in securing the reign of hope and dignity in our region.  Respect for the sovereignty, independence and territorial integrity of our neighbours, as well as other principles of good-neighbourliness will continue to guide us.  The destiny of the Iraqi people lies solely in the hands of the Iraqis as a whole.  The same should apply to the use they want to make of their natural resources.  In this context, the single most important principle is to maintain Iraq’s territorial integrity and national unity.  Any scenario that will question these basic principles should be discarded.  We should deploy every effort to uphold these principles.

 

MARINE POLLUTION

Mr Mevlü ÇAVUŞOĞLU (Turkey). – I thank the rapporteur for his excellent report. I stress that the European Democratic Group supports it.

The rational use of marine resources has always been an important issue. The sinking of the Prestige has aggravated the problems that originated with the Erika accident several years ago. Unfortunately, it has also underlined the lack of follow-up to the decisions taken by this Assembly. How long will we have to urge our respective governments to take action to prevent such accidents?

Marine pollution is a global problem that is not confined to minor accidents. An important factor in the failure to deal with pollution is the lack of sufficient infrastructure in the developing world. Urban and industrial waste is often released into the sea without proper treatment. We must consider ways of extending financial and technical assistance to the developing countries.

We should also urge marine transportation companies to obey strictly international environmental standards. Those companies should be encouraged to adopt new techniques to prevent accidents such as the sinking of the Prestige. Environmental authorities should monitor the shipbuilding and maintenance industries more closely.

I would like to draw the Chamber’s attention to the environmental dangers faced in Turkey. Heavy oil tanker traffic in the straits of the Bosphorus poses a threat to marine life in the area, particularly in the Black Sea. The Turkish straits accept 45 000 vessels each year and that presents real dangers for the safety of passengers, marine life, property and the environment. Increasing traffic through the straits particularly affects Istanbul, the biggest city in Turkey with 10 million inhabitants. Unesco declared it a world heritage site because of its 3 000-year history.

Such considerations increase the importance of measures that are designed to safeguard passenger navigation and to protect the environment. There are many ways of reducing the risks presented by tanker traffic. The best solution is the development of alternative routes for fuel transit.

I am a member of parliament for the Antalya region, which is the heart of the Turkish tourist industry. I am well aware of the effects of marine pollution on the tourism sector. Tourism can also cause problems. Just think of the yachts that release their waste into the sea.

I again congratulate the rapporteur and urge the Assembly to support the report.

CODE OF GOOD PRACTICE IN ELECTORAL MATTERS

Mr ATEŞ (Turkey). – Thank you very much Mr President and dear colleagues. Please allow me to thank the rapporteurs for the good job that they have done. In any genuinely democratic society with a constitutional heritage, elections must observe five fundamental principles: suffrage must be universal, equal, free, secret and direct. Elections must also be held periodically. These are the main principles of the European electoral heritage, and they are the most important tools for strengthening democracy around the world.

Today, as we look back, it is clear that the European electoral heritage made a great difference to the lives of many citizens of the world. More people have been able to exercise their right to political participation, freely expressing their vote and making sure that their vote was not distorted. In this way, many people were able to consolidate democracy and the rule of law in their countries throughout Europe. However, experience has shown us that some serious problems are still being encountered in relation to the conduct of elections, and the Council of Europe should do something about that. Document 9624 provides an excellent opportunity for the Assembly to do just this.

Lack of transparency, lack of accountability, interference by executive authorities and the restriction of fundamental freedoms, including freedom of expression, are the main areas in which problems are still being encountered in many European countries. I believe that the key to solving many of these problems relating to the electoral process is good governance. Transparency and good governance are central to ensuring fair elections and, ultimately, to a democratic environment and the rule of law. Transparency in the election process can be achieved by setting up a consolidating mechanism for the financial disclosure of candidates’ and political parties’ interests. The Council of Europe could also devote more energy to promoting regulations on conflicts of interest. Also, the rights and obligations of political parties need to be made very clear.

The citizens of Europe also expect public officials to be increasingly responsive to public information campaigns and investigative journalism both during and after elections. The role of the independent media is vital in that regard. All too often, in transitional societies, the media are free but not yet independent. The Council of Europe can help to strengthen an independent media capable of raising public awareness at local and national levels and promoting public access to information, resulting in a more informed civil society capable of exacting good governance.

Last but not least, ensuring the more effective participation of women in electoral processes is also vital. We need to continue to focus on achieving the more balanced participation of women in electoral activities in some regions, in particular as candidates.

SUPPRESSION OF TERRORISM

Mr MERCAN (Turkey). – First, I thank the rapporteur for her work. This report successfully clarifies the draft protocol amending the European Convention on the Suppression of Terrorism. The revision of the convention has been on the Assembly’s agenda on several occasions, and the need for revision has gained much more urgency – it has become imperative – following the attacks of 11 September.

            Despite the continuing lack of consensus on a definition of terrorism, the deterrence of terrorist acts is still the most important issue facing the world. Certainly, the lack of an internationally accepted definition of terrorism has been a major obstacle to meaningful global countermeasures.

            The events of 11 September were not the first or the last act of terrorism. The United States is not the only country that has been subject to such violence. For example, Turkey is one of the few countries to have faced multi-dimensional terrorist attacks in the past few decades. Turkey has always said that terrorism, whatever its cause, should be seen as a threat to all humanity regardless of race, religion, ideology or country and it renewed its call for “international solidarity and co-operation” after the inhumane attacks of 11 September.

            Turkey advocates the view that universal rules should prevail in the fight against terrorism and argues that terrorism cannot be classified into different groups. It has stressed the importance of having only one definition of terrorism for the entire world and of fighting it globally as well as regionally. In the light of the continuous threat from terrorism, it is imperative that the co-operation of the Council of Europe member states that share the same values is reinforced and depoliticised in all cases.

            We should adopt such a pragmatic approach, and I cannot but support the draft protocol amending the 1977 Convention on the Suppression of Terrorism. However, the draft protocol gives rise to some issues of concern that might jeopardise the achievement of our ultimate goals. First, the existence of a right to enter reservations to the convention is the main obstacle. The suppression of terrorism must entail full co-operation and the effective fulfilment of the commitments undertaken. The right to enter a reservation does not contribute to the aim of depoliticising the co-operation between contracting parties. Moreover, the European Committee on Crime Problems has not been effective in its monitoring role, but that role is still maintained in the draft protocol. The greatest tangible development brought about by the draft protocol is the creation of a follow-up mechanism that could open the way for “monitoring” the correct implementation of a right to a reservation.

            Given that terrorism is a long-term phenomenon and given the difficulties and the impasse in the work of the United Nations, we should consider adopting new and more comprehensive anti-terrorism instruments that would strengthen international co-operation and criminalise terrorist acts. Therefore, I fully support the work carried out by the Multidisciplinary Group on International Action Against Terrorism – the GMT – to develop a programme of action against terrorism. I hope that the work of the GMT will be implemented as soon as possible and will be followed by clearly defined actions, such as the drafting or recommendations, declarations, conventions or framework conventions.

SITUATION OF YOUNG MIGRANTS IN EUROPE

Mr GÜLÇIÇEK (Turkey) thanked the rapporteur for his excellent work. Migration was an important subject for society at large and affected every country. Public opinion was exerting pressure to introduce stricter border controls but migration was still out of control.

            Turkey was both an asylum country and a transit country for migration to the EU. Turkey could not deal with the problems of migration alone. In particular harmonisation of repatriation policies had to be addressed.

            Political instability caused migration, and criminal organisations had grown up to profit from the situation. In the long term a strategy was required to address the causes of migration. Potential migrants should be provided with information about target countries and discouraged from connections with criminal organisations.