US embassy cable - 04THEHAGUE3098

C O N F I D E N T I A L SECTION 01 OF 02 THE HAGUE 003098 
 
SIPDIS 
 
E.O. 12958: DECL: 08/01/2014 
TAGS: AORC, CY, GR, NL, PREL, TU, EUN 
SUBJECT: TURKEY/EU: TURKEY ON TRACK WITH HURDLES 
 
 
Classified By: DCM Daniel Russel for reasons 1.4 (b) and (d). 
 
1.  (SBU)  SUMMARY: Turkish FM Gul met with the EU troika in 
the Hague November 23 in the last high-level meetings before 
the Council on December 17 faces its moment of truth.  The 
Council will make its decision based both on the Commission 
report and issues Member States raise; elements of an 
internal draft Council statement could circulate as early as 
November 29.  While Turkey must make "concessions" regarding 
recognition of Cyprus, the EU promised to try to keep the 
Cyprus settlement issue in the UN context.  The Dutch told 
Turkey to avoid "victimhood" and embrace being different. 
The EU anticipates a start date in 2005 "or a little later". 
To get to "yes," the EU has demanded written assurances from 
Turkey on torture and religious freedom, while Turkey 
revealed ongoing talks with Greece (overflights) and Armenia 
(territory).  End Summary. 
 
2.  (U)  Turkish FM Gul, Ambassador Demilrap (Brussels), and 
The Hague Ambassador Ildem led the Turkish delegation to the 
EU-Turkey troika meeting in The Hague November 23.  Dutch FM 
Bot led the EU side, which included State Secretary Nicolai, 
Luxemburg FM Asselborn, and EU Commissioner for Enlargement 
Olli Rehn.  After the meetings, Amb. Ildem briefed Ambassador 
Sobel, while FM Bot briefed Parliament, where he 
characterized Turkey's presentation as "constructive." 
Later, Webke Kingma (PM's diplomatic advisor) spoke with DCM 
and Poloff spoke with MFA officers on the Turkey account. 
 
COUNCIL DECISION DRAFT COMING MONDAY: COMMISSION REPORT - 
PLUS? 
 
3.  (C)  Bot said that the December decision will be based 
"not only on the Commission report but also on problems 
raised by other member states."  Later, Jochem Wiers (MFA 
European office and key drafter of Presidency texts on 
Turkey) told Poloff, "The European Council takes its own 
decision and will not merely rubber stamp the Commission 
report.  The decision will be taken on the basis of Member 
States views of the report and their own considerations. 
Cyprus is one of those but not the only one."  Ildem reported 
(and Kingma confirmed to the DCM) that it few EU capitals had 
provided input for the Dec 17 communique. Kingma said the 
Dutch will start circulating draft paragraphs on Turkey to EU 
Members on Monday, November 29.  Ildem heard the EU 
acknowledge a 2005 start date, but exactly when depends on 
date of the French referendum.  Bot later told Parliament 
that the date could be "2005 or a little later."  (MFA 
contacts later warned us not to read this as a prediction of 
delay.)  Ildem said the Turks took great exception to the 
idea of  "permanent safeguards" on labor movement.  They 
acknowledge that it might take years to address the issue but 
feel that issue needs to be negotiated during the accession 
process. Ildem said they strongly emphasized that "open-ended 
accession" is a problem.  If the Council calls for an 
open-ended process, Ildem said the Turks made it clear there 
must be language about "strong prospect of accession." Turkey 
needs this to protect itself from future changes of 
government in Europe, to reassure investors and bolster 
public opinion.  Turkey does not want diminution into 
"preferred status."  Finally, it is important that there be a 
clear indication that if Turkey meets the criteria they'll be 
successful. 
 
BOT TO TURKEY - NEITHER A VICTIM NOR A VICTIMIZER BE 
 
4.  (C)  Bot said he encouraged the Turks to understand the 
difference between "discrimination" (which the EU is not 
practicing) and "differentiation" (which the EU finds 
legitimate in the case of Turkey). (This was a distinction we 
have been urging both the Dutch and the Turks to appreciate.) 
On torture and freedom of religion, still the EU's (and Dutch 
coalition leader CDA's) biggest sticking points, Bot said 
they encouraged the Turks to "do as much as possible" before 
December 17 to answer the critics.  Bot said that the Turks 
gave detailed oral assurances that they were addressing and 
monitoring the torture issue.  They have set up, they said, 
special independent administrative bodies to investigate and 
act on complaints of torture.  The  EU demanded written 
assurances and proofs by December 17 to back up the Turk's 
oral commitments.  So, too, for religion, where the Turks 
claimed progress and the EU demanded written assurances and 
proofs.  Bot could not answer an MP query whether Freedom of 
Religion was now anchored in the Turkish Constitution, or was 
"just a law." (Note: Bot said he had just learned that FM Gul 
is also Minister for Human Rights in Turkey, which made him 
"a good contact on these issues," he observed, to laughter in 
the room.) 
 
CYPRUS 
 
5.  (C) Ildem said Turkey told the EU that they "are not 
interested in the additional protocol (re: Ankara)."   Bot 
said that Turkey asked for EU help on controlling Cypriot 
demands. Ildem confirmed this;  they are upset at the Cyprus 
settlement issue being injected into the EU accession track, 
given Turkish acceptance of and work for the Annan plan.  Bot 
saw this as "not illogical," and he said the EU told the 
Turks they were unwilling to bring the Cyprus solution issue 
out of the UN context, where the "delicate process" belongs. 
(Note: Bot noted that resolution of Cyprus would be a 
prerequisite for Turkish EU membership, but that is down the 
road.)  Ildem said that the EU had mentioned "concessions, 
which I hated to hear."  Kingma later told the DCM that the 
EU expects Cyprus to hold out until the end. The EU can only 
give them something, then isolate them and hang tough until 
it is over." 
 
ARMENIA 
6.  (C)  Bot said that the Turks reported that they are in 
negotiations with Armenia but it is "very delicate."  Turkey 
said "Armenia cannot claim one half of Eastern Turkey, as 
they are now."  Turkey has allowed the opening of an Armenian 
Church in the east. 
 
GREECE 
 
7.  (C)  Overflights:  Ildem reported Turkey finds that 
complaints with Greece are "mutual."  The Turks have proposed 
to Greece setting up a committee to look at this, also to 
establish a direct communications link between both 
countries' "operations centers."  Ildem said Turkey awaits a 
response from Greece.  Kingma told the DCM that it is a 
problem but the "EU will have to handle Greece." 
SOBEL