Europe: Turkey improves migration policy; anti-PKK actions should be measured

“The Government continued security operations against a background of the recurrent violent acts by the Kurdistan Workers' Party (PKK), which remains on the EU list of persons, groups and entities involved in acts of terrorism,” the EC wrote. 

The EC, currently presided over by Jean-Claude Juncker, is the executive branch of the European Union with some legislative powers.

Military operations in southeastern Turkey, which spill over the border into the Kurdistan Region of Iraq, have intensified against the PKK recently in Operation Claw. 

“While the Government has a legitimate right to fight terrorism, it is also responsible for ensuring this is done in accordance with the rule of law, human rights and fundamental freedoms. Anti-terror measures need to be proportionate,” the EC implored.

It noted that the conflict has displaced people within Turkey but few have received compensation. Jailed PKK leader Abdullah Ocalan was granted access to legal counsel twice in May for the first time in eight years, giving hope that Ankara and the PKK could resume its stalled 2013-2015 peace talks.

“There were no visible developments on the resumption of a credible political process to achieve a peaceful and sustainable solution,” the EC reported.

The PKK is a banned political party in Turkey that has fought a four-decade, sometimes armed, struggle against the state seeking greater minority, cultural and political rights. An estimated 40,000 people have died as a result of the conflict on both sides.

Turkey held sweeping constitutional referendum in 2018 that shifted governance from a parliamentary to a presidential system. The reforms passed by a narrow 51-49 margin and allowed President Recep Tayyip Erdogan to simultaneously hold the presidential post and be elected the leader of the Justice and Development Party (AKP).

“The full entry into force of the presidential system has remodelled the executive and state administration. The presidential system, including the abolition of the position of Prime Minister and other functions such as Under Secretaries in Ministries, has led to greater politicisation of the public administration. The President now has the power to nominate the heads of the vast majority of public regulatory authorities,” the EC stated.

The AKP-dominated government then decided to hold a snap election for parliament in June 2018. Despite having its former co-leader Salahaddin Demirtas jailed on terror-related charges, the pro-Kurdish Peoples’ Democratic Party won 67 seats in parliament — eight more than it had held.

Erdogan’s government followed by holding municipal and local elections on March 31; however, the largest opposition parties — the Republican People’s Party (CHP) and the HDP — performed well. The CHP, with the reported help of HDP, won mayoral races in key cities Ankara, Istanbul, and Izmir.

However, the Supreme Election Council announced in May they were rejecting the result for Istanbul and a re-vote will be held on June 23.

“Growing political polarisation, especially in the run-up to the March 2019 municipal elections continues to prevent constructive parliamentary dialogue. The marginalisation of the opposition, notably the People's Democratic Party (HDP) continues, and many HDP lawmakers are detained. The long-standing shortcomings of the system of parliamentary immunity have not been addressed,” the EC reported.

The European report was also critical of human rights for LGBTI people, activists, media, academics, politicians, doctors, lawyers, and judges — nearly three years after the failed military coup in 2016.

“The space for civil society organisations working on fundamental rights and freedoms has further shrunk, notably exemplified by the introduction of further administrative obstacles. The rights-based organisations closed down under the state of emergency have not been offered any legal remedy in respect to confiscations,” the EC wrote.

Turkey makes ‘good progress’ in migration, asylum policy 

Because of geography, Turkey has been at the heart of the migrant crisis due to the conflicts in Syria and Iraq — including the Islamic State (ISIS) — Africa, and Afghanistan. It is a primary transit route for migrants seeking asylum in Europe. 

Arrivals to Europe peaked in 2016 prior to Brussels striking a multi-billion euro deal, which the EC report described as “effectively implemented” — with Ankara to help manage the crisis and provide shelter to millions of refugees. Turkey hosts around 3.6 Syrian refugees and 365,000 persons of other nationality, according to the UN Refugee Agency. 

“[Turkey] remained committed to the effective implementation of the March 2016 EU-Turkey statement,” the EC summarized.

It noted a “declining trend in irregular crossings from Turkey to the Aegean islands” because Turkey’s law enforcement agencies have “intensified efforts.”

“Turkey has set up seven working groups to carry out technical work on the outstanding benchmarks of the visa liberalisation dialogue. However, no progress has been made in the harmonisation of the Turkish visa policy with the EU common visa policy,” the EC lamented.

Judicial system and corruption

The report also claimed the lack of an independent judiciary negatively impacts the fight against corruption. 

“There was backsliding since dismantled preventive bodies have not been replaced by an independent body, in line with the United Nations Convention against Corruption to which Turkey is a party,” the EC report stated.

The EC said its previous reports on the judicial system have not been accepted or implemented.

“No permanent, functionally independent anti-corruption body exists and there is no specialized prosecution service to lead anti-corruption investigations and only few specialised courts. Overall, corruption is widespread and remains an issue of concern,” it added.

Turkey says report contains ‘unacceptable expressions’

Turkey has long sought ascension into the European Union; however, such reports undermine Ankara’s efforts to do so.

Deputy Foreign Minister Faruk Kaymakci responded by criticizing the report, according to Hurriyet Daily News. 

“In the report, there are some unacceptable expressions suggesting that Turkey is moving away from EU values. Turkey stands in a place safe and sound. Turkey is part of Europe,” Kaymakci said.

Ankara will continue to try to join the European Union.

“Turkey is claiming the [accession] process despite obstacles. There are also some circles trying to move the EU away from Europe values. There are some circles trying to move EU from candidate Turkey,” Kaymakci said.

Turkey regularly dismisses international reports saying they contain bias and lack credibility on issues. In the new Turkish cabinet, there is a new ministry for European affairs.

Kaymakci, who is also the director for EU Affairs, claimed the report mirrors Europe’s “own existential crisis.”

“Of course, we will note consistent and reasonable criticisms on Turkey in the report. However, we cannot accept unfair and disproportionate criticisms in the report,” he said.