According to Turkey 2008 Progress Report, Cyprus issue is a great obstacle!
The EU Commission published on 05 Nov. 2008 “Enlargement Strategy and Main Challenges 2008-2009”, and “Turkey 2008 Progress Report”
It is surprising that, the official and unofficial news and comments about the reports are as if Cyprus conflict is non-existent and it does not create one of the main obstacles in front of Turkey-EU process. For the public to be informed, following quotes are the Cyprus related issues raised by these reports on Turkey:
As regards the Cyprus issue, the leaders of the Greek Cypriot and Turkish Cypriot communities started full-fledged negotiations on a comprehensive settlement under the auspices of the United Nations. The Commission supports their efforts and stands ready to provide technical advice on issues within EU competence.
Following the start of full fledged negotiations between the leaders of the Greek Cypriot and
Turkish Cypriot communities on a comprehensive settlement of the Cyprus issue, it is crucial that Turkey continues supporting a solution and the efforts of the UN.
Good neighbourly relations remain key. Turkey is expected to ensure full, non discriminatory implementation of the Additional Protocol to the Association Agreement and to make progress towards normalisation of bilateral relations with the Republic of Cyprus. The EU will continue to follow up and review progress made on the issues covered by the Declaration of 21 September 2005, in accordance with the Council Conclusions of 11 December 2006.
(The Declaration 0f 21 September 2005 can be summarised as following; “The European Community and its Member States stress that the opening of negotiations on the relevant chapters depends on Turkey's implementation of its contractual obligations to all Member States. Failure to implement its obligations in full will affect the overall progress in the negotiations; The European Community and its Member States recall that the Republic of Cyprus became a Member State of the European Union on 1st May 2004. They underline that they recognise only the Republic of Cyprus as a subject of international law. the European Community and its Member States agree on the importance of supporting the efforts of the UN Secretary General to bring about a comprehensive settlement of the Cyprus problem in line with relevant UNSCRs and the principles on which the EU is founded.”)
The December 2006 Council decision remains in force. The decision sets out that, negotiations will not be opened on eight chapters relevant to Turkey's restrictions regarding the Republic of Cyprus and no chapter will be provisionally closed until the Commission confirms that Turkey has fully implemented the Additional Protocol to the Association Agreement.
However, there has been no progress towards normalisation of bilateral relations with the Republic of Cyprus. Turkey has not fully implemented the Additional Protocol to the Association Agreement and has not removed all obstacles to the free movement of goods, including restrictions on direct transport links with Cyprus.
The Turkish government has continued to express its commitment to a comprehensive settlement of the Cyprus problem under the auspices of the United Nations. It welcomed the start full-fledged negotiations in September between the leaders of the two Cypriot communities under the Good Offices Mission of the UN Secretary General. Turkey needs to take concrete steps to contribute to a favourable climate for a comprehensive settlement. Since the Council's decision of December 2006, Turkey has made no progress towards fully implementing the Additional Protocol.
So far, negotiations have been opened on eight chapters (Enterprise and industry, Statistics, Financial Control, Trans-European Networks, Consumer and health protection, Intellectual property law, Company law) one of which (science and research) was provisionally closed. In addition, the EU informed Turkey about the progress needed to reach a satisfactory level of preparedness to start negotiations on eleven chapters.
“Free movement of goods”, “Right of establishment and freedom to provide services”, “Financial services”, “Agriculture”, “Fisheries”, “Transport policy”, “Customs Union”, “External Relations” are the eight chapters covered by the conclusions on Turkey adopted by the Council (General Affairs and External Relations) on 11 December 2006 and endorsed by the European Council on 14/15 December 2006. As long as restrictions remain in place on the free movement of goods carried by vessels and aircraft registered in Cyprus or where the last port of call was Cyprus, Turkey will not be in a position fully to implement the acquis relating to these chapters.
The armed forces have continued to exercise significant political influence via formal and informal mechanisms. Senior members of the armed forces have expressed their opinion on domestic and foreign policy issues going beyond their remit, including on Cyprus, the South East, secularism, political parties and other non-military developments.
In the Cyprus v. Turkey case, the issue of missing persons and the restrictions on the property rights of Greek Cypriots living permanently in the northern part of Cyprus remain pending. The compensation mechanism put in place to address the property rights of displaced persons fulfils in principle the requirements indicated by the ECtHR and has continued to receive requests for compensation. On 22 April 2008 the Court welcomed settlement in the case of Eugenia Michaelidou Developments Ltd and Michael Tymvios v. Turkey brokered by the Turkish Cypriot Immovable Property Commission, which provides for the payment of USD 1 million and a property exchange.
However, the ECtHR has not assessed whether the available remedy is effective for all relevant issues. Turkey has not yet fully implemented the ECtHR judgements on the Loizidou and Xenides-Arestis cases.
Turkey has made no progress on normalising bilateral relations with the Republic of Cyprus. Turkey continues to veto Cyprus's membership of several international organisations and of the Wassenaar Agreement on the Code of Conduct on Arms Exports and on Dual-Use Goods.
Air traffic management is suffering from a lack of regional cooperation. The lack of communications between air traffic control centres in Turkey and the Republic of Cyprus is seriously compromising air safety in the Nicosia flight information region. In both the air and maritime sectors, no progress has been made on becoming a party to international conventions.
However, concerning EU-NATO relations beyond the “Berlin Plus” arrangements, Turkey continue to object to EU-NATO co-operation which would involve all EU Member States. This created problems for EU-NATO co-operation in the context of civilian ESDP missions, in particular in Kosovo and Afghanistan.
There have been no developments as regards ratification of human rights instruments. The Optional Protocol to the UN Convention against Torture (OPCAT), signed in September
2005, has not been ratified. The ratification of the UN Convention on the Rights of Persons with Disabilities is pending. Turkey has not ratified three additional Protocols to the European Convention on Human Rights (ECHR).
Ali Erel
President - Cyprus EU Association