Delegation of the European Commission to Turkey Delegation of the European Commission to Turkey Brussels, 4 May 2009 EU Action for Human Rights in a Candidate Country: The Activities of the Delegation of the European Commission to Turkey Aycan Akdeniz Sector Manager, Democratisation and Human Rights

Delegation of the European Commission to Turkey  Human Rights and the EU  Human Rights in the EU Enlargement Context  Turkey, EU Accession and Human Rights  The Role of the European Commission Tools Challenges INTRODUCTION

Delegation of the European Commission to Turkey HUMAN RIGHTS AND THE EU  Integral part of normative and legal order of the EU European Convention on Human Rights primary source of acquis as concerns fundamental rights and freedoms Charter of Fundamental Rights (most recent breakthrough---Lisbon Treaty)  Embedded in EU policies and practices, both inside and in the EU relationship with the rest of the world

Delegation of the European Commission to Turkey HUMAN RIGHTS IN THE EU ENLARGEMENT CONTEXT  Respect for human rights and democracy most pronounced in enlargement, part of the membership criteria, i.e the Copenhagen criteria (political criteria, economic criteria, transposition and implementation of EU “acquis communautaire”) (  Copenhagen Political Criteria (Stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities): basis of the political aspects of the negotiations  Applied in the same manner to all negotiating countries and not tailored to any specific situation

Delegation of the European Commission to Turkey TURKEY, EU ACCESSION AND HUMAN RIGHTS  Turkey has embarked upon a substantive reform process to align with the Copenhagen political criteria  Alignment process: Revision of Turkey’s legal system with respect to fundamental rights and freedoms  Nine reform packages and two constitutional amendments adopted addressing almost all fundamental rights and freedoms cited in international legal instruments  Respect of human rights and of democracy an immense task, requiring not only changes in legislation but also mechanisms for implementation (reform of institutions), changes in mentalities, active participation of citizens (civil society)  Process still underway!!!

Delegation of the European Commission to Turkey THE ROLE OF THE EUROPEAN COMMISSION (EC)  EU Candidature major stimulus for reforms YET reforms by Turkey for Turkey  EC lends support to Turkey to implement --- put to life--- the reforms  Role of the EC comprises: Dialogue with governments Support to public institutions Promotion of citizen participation (through dialogue, awareness raising and support to civil society)  Work of the EC in Turkey guided by Policy Documents: Asscoiation Agreement, Accession Partnership, Negotiating Framework

Delegation of the European Commission to Turkey TOOLS  MONITORING & REPORTING (annual progress reports) Political Criteria Chapter 19: Social Policy and Employment Chapter 23: Judiciary and Fundamental Rights Chapter 24: Justice, Freedom and Security  POLITICAL DIALOGUE (association committee/council, etc.)  FINANCIAL ASSISTANCE Instrument for Pre-Accession (IPA) Community Programmes Thematic Programmes  OTHERS TAIEX, P2P, Twinning, Donor Coordination,etc.

Delegation of the European Commission to Turkey INSTRUMENT FOR PRE-ACCESSION (IPA)

Delegation of the European Commission to Turkey IPA COMPONENT I - PRIORITIES  Copenhagen Political Criteria Areas: Fundamental rights, the judiciary and the penal system, accountability of law enforcement agencies,etc. Example: Training law enforcement officials, judges, prosecutors, lawyers, conscripts on human rights, etc.  Acquis transposition and implementation (Justice, Freedom and Security) Areas: Organised crime, money laundering, corruption, fight against drugs, external borders, migration, asylum, trafficking in human beings,etc. Example: Code of police ethics, prison management, etc.  Civil Society Development & EU-Turkey Civil Society Dialogue

Delegation of the European Commission to Turkey EUROPEAN INSTRUMENT FOR DEMOCRACY AND HUMAN RIGHTS (EIDHR)  Objective: Support to civil society activity for the promotion of human rights and democracy  €14.5 M spent in Turkey : Around 120 projects supported addressing issues ranging from freedom of expression, to improved access to justice, to fight against torture and impunity, protection and respect of cultural diversity, etc  Project examples: Prevention of torture, combating impunity and rehabilitation of victims of torture: € 3,650,000 targeted at torture prevention and rehabilitation since Freedom of expression and independent media: supported the establishment in 2003 of BIANET for independent rights based daily news – Respect for cultural diversity and minorities: supported cultural and linguistic rights projects of Laz, Circassians, Suriyanis, Armenians, Kurds and Alevis.

Delegation of the European Commission to Turkey CHALLENGES Scope of Reforms  Process of democratisation never complete--- reform fatigue  Accession negotiations technically intricate and politically intrusive (sovereigntym often questionned)  Broad national consensus necessary for the society as a whole to feel ownership of reforms  Political will for continued reforms affected by relations between EU member states and Turkey

Delegation of the European Commission to Turkey CHALLENGES Depth of Reforms  Change of mentalities taking more time  Resistance of the bureacracy / state tradition  Multiplicity of actors (coordination of policy and implementation)  State-citizen relations