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30th meeting of the EU-Turkey Joint Consultative Committee

Berlin, 26 June 2012

JOINT DECLARATION
by

Mr Arno Metzler (co-chair) and Mr Mustafa Kumlu (co-chair)
at the 30thmeeting of the
EU-TURKEY JOINT CONSULTATIVE COMMITTEE
held in Berlin on 26-27June 2012

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1.The EU-Turkey Joint Consultative Committee (JCC) is a body that brings together representatives of organised civil society from the EU and Turkey. It complements the other bodies set up within the framework of the Association Agreement between the EU and Turkey and allows civil society organisations from both sides to monitor the accession negotiations and initiate debates on issues of common interest. Its members come from various economic and social interest groups.

2.The 30thmeeting of the JCC was honoured by the presence of Mr Kapferer, State Secretary at the German Federal Ministry of Economics and Technology; MrBağış, Turkish Minister for EU Affairs and Chief Negotiator; Mr Nilsson, President of the European Economic and Social Committee;and H.E. Karslioğlu, Ambassador of Turkey to Germany.

EU-Turkey relations and the role of organised civil society

3.The JCC expresses its concern over Syria's actions against Turkey. The JCC calls on the EU and Turkey to pursue their efforts to find common positions on foreign policy issues, especially as regards the ongoing processes taking place in the Middle-East.

4.The JCC wishes to congratulate the Union of Chambers and Commodity Exchanges of Turkey (TOBB), the Turkish members of the JCC, and the Turkish authorities for the success of the Euromed Summit of Economic and Social Councils and Similar institutions co-organised by the EESC in November 2011 in Istanbul. This event showed the key role of organised civil society in the current transitions towards democracy in the Euromed region.

5.The JCC welcomes the launch of the "positive agenda" in May 2012 by Commissioner Füle and Minister for EU Affairs and Chief Negotiator Bağış. JCC members insist that this new process must not replace the accession negotiations, but instead bring the EU and Turkeyinto a closer relationship.

6.However, the position adopted by the Turkish authorities concerning the upcoming Presidency of the EU Council will inevitably prolong the stalemate in opening and closing chapters in Turkey’s negotiations on accession to the EU. The JCC calls on the Turkish government to fully implement the Ankara Protocol and thereby facilitate the opening of eight chapters for which negotiations were suspended by the Council decision of 11 December 2006. The JCC also takes note of the decision of the Council of the EU of 22 January 2007 regarding the economic development of the Turkish Cypriot Community.

7.The JCC calls on both sides to use the"positive agenda" to make progress bringing Turkish legislation into line with the EU acquis. The JCC stresses that this new framework for dialogue must allow for faster progress when new chapters of the accession negotiations are opened. The JCC reiterates its firm commitment to Turkey's accession to the EU in the foreseeable future.

8.The JCC is pleased that the dialogue on visas is part of the “positive agenda”. The JCC is anxious to see progress in this dialogue and reiterates its criticism of the visa procedures that are imposed on Turkish citizens when travelling in the EU. The JCC also calls on both parties to conclude and implement the EU-Turkey readmission agreement.

9.The JCC is pleased that the first working group to operate as part of this "positive agenda" will focus onfundamental rights. The JCC also welcomes the package of judiciary reforms recently passed in Turkey. It encourages the Turkish authorities to sustain the reforms in addressing the fields of freedom of expression, freedom of the media, and the right to a free and fair trial. The JCC repeats that the government must step up its efforts to implement the legislation that has been passed.

10.As civil society is referred to as an important stakeholder in the "positive agenda", the JCC calls on political authorities in the EU and Turkey to involve members of the JCC in this new dialogue.

11.The JCC reiterates its concern about the increase in the number of cases of domestic violence against women. It welcomes the new law that tackles the issue, and is pleased that the Minister for Family and Social Policy has been consulting women's rights activists in the drafting process. The JCC now calls on the authorities to carefully monitor the implementation of the law andto ensurethat the situation is addressed properly.

12.The JCC encourages the government to take all possible steps to tackle the poverty rate of women and to increase their participation in higher level education and on the labour marketthroughout the country. It strongly encourages the authorities to implement provisions (e.g. a system of positive discrimination) ensuring the participation of women at all levels in business, the public sector and politics is ensured.

13.The JCC reiterates its commitment to playing an active role in disseminating information and leading debates on the accession process among civil society organisations in the EU and Turkey. On the fringe of its meeting in Berlin, the JCC is organising a seminar with civil society organisations in Berlin on "Communicating Turkey", in order to raise awareness and open up a dialogue on how civil society can better communicate Turkey's future accession to the EU.

Towards a new constitution in Turkey: the role of civil society

14.The JCC is pleased by the composition of the Parliamentary Conciliation Committee of the Grand National Assembly of Turkey, in which all main political parties are represented on an equal basis to draw up proposalson reforming the Constitution.The JCC welcomes the initiative of the Conciliation Committee toengage in ongoing consultations with civil society organisations on the current project of reform.

15.The JCC is pleased that all the Turkish members of the JCC have been involved in organising broad consultations with citizens in various parts of the country on the Constitutional debate. The JCC commends the organisers for the success of those consultations. It now calls on the Parliamentary Conciliation Committee to reflect the views expressed during those consultations as much as possible in its proposals.

16.The JCC calls on the government to use the opportunity of constitutional reform to anchor the rule of law and fundamental rights and freedoms in the political system of Turkey. The JCC stresses the importance of aligning the Constitution of Turkey with the EU Charter of Fundamental Rights. It stresses that, as a founding member of the Council of Europe, Turkey also has tocomply with the European Convention on Human Rights and implement all the judgements of the European Court of Human Rights.

Trade union rights in Turkey

17.On the basis of the preliminary update of the 2008 joint report, the JCC held a debate on the current situation in Turkey. The JCC welcomes the consultation process that took place among the government and the social partners in drafting the law on collective labour relations. The JCC is pleased that some progress has been made on the draft law. The JCC recalls that Turkey must align its legislation with EU and ILO standards in order to meet the benchmarks that would allowfor the opening of the chapter on employment and social affairs of the accession negotiations.

18.On the new law on public servants' trade unions and collective agreement, the JCC regrets that still not all civil servants enjoy the right to organise, that collective bargaining is seriously restricted and that public servants have not had their right to strike recognised. TheJCC calls on the government to revise the text so that it complies with ILO standards.

19.The JCC underlines thatthe interim update of the joint report on trade union rights will be completed taking into account the upcoming developments in Turkish legislation. The JCC will return to the topic and adopt a new joint report and a new set of recommendations on this issue at its next meeting. During the preparation of this joint report, the two co-rapporteurs will consult with all Turkish and European social partners.

20.The JCC also intends to keep advocating for social dialogue and for the improvement and complete functioning of the Economic and Social Council in Turkey, according to the amendments made to the Constitution in 2010. The JCC stresses that it is as an important tool for civil society contribution to policy making,good governance and inclusive growth.

Preliminary discussion on civil rights in Turkey

21.The JCC welcomes the statements made by the Deputy Undersecretary, Dr Burak Erdenir, and MrArno Metzler, Co-Chair of the JCC, on the situation of civil rights in Turkey. The JCC agrees that this issue should also be on the agenda of the next meeting to prolong the discussion and deepen it among participants.

22.The JCC reiterates itscall for reinforcement of freedom of expression and freedom of the media, including online media, in Turkey. The JCC notes with concern that almost 100journalists are in jail according to the figures of the Ministry of Justice of Turkey. It calls for the proceedings to be completed rapidly and the rule of law to be guaranteed.The JCCalso highlights that Turkey is now ranked 148th out of 179 countries in the Annual Press Freedom Index of Reporters without Borders.

23.The JCC stresses its desire to look to the future and calls on the government to seize the opportunity of the ongoing constitutional reform to align its legislation on civil rights with the EU acquis and the EU Charter of Fundamental Rights.

Next JCC meeting

24.The 31st meeting of the JCC will take place in Turkeybefore the end of 2012.

This declaration has been sent to the Turkish authorities, the EU institutions, representatives of Turkish and EU civil society organisations and the media. The EU-Turkey JCC working documents and any further information can be obtained by contacting the secretariats: MrMustafa Bayburtlu, Head of the EU Department, Turkish Union of Chambers and Commodity Exchanges (TOBB). (Tel.: 00.90.312.218.23.80; email: ) and MrAurélien Juliard, Administrator, Section for External Relations, European Economic and Social Committee (Tel.: 00.32.2-546.99.69; email:).

More information is availableat:

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