EU Harmonisation Reforms and Civilian Democratic Control of Armed Forces in Turkey: Further Alignment with the EU Standards? International Sociological Association Research Committee 01 “Armed Forces and Conflict Resolution” & Seoul National University, Korea Military Academy and Korea National Defence University International Conference on “Armed Forces and Conflict Resolution in a Globalized World” July 14 ~ 17, 2008, Seoul, Korea Prof. Nilufer NARLI Copyrights preseved COSTS AND BENEFITS OF NATO MEMBERSHIP • Organized by: • Balkan Mosaic Foundation • Euro-Atlantic Education Initiative • In cooperation with: • Bulgarian Ministry of Foreign Affairs • NATO Public Diplomacy Division • • 26 September 2008, Sofia • Sheraton Sofia Hotel Balkan Introduction • Turkey joined Nato in 1952. During the Cold War, there was not significant pressure to bring Turkey‟s civil-military relation trends in alignment with the standarts of the NATO member states. Turkey‟s “unique position” where the military had rather autonomous position and had constitutional tools to shape civilian politics was not questioned. However, Turkey had the pressure to keep democratic standarts in terms of having multi-party system and free and regular elections. From NATO to The EU • At the end of the Cold War, Turkey has gained a new strategic importance, as the religious extremism has become a treat to the Western world. While candidate member states had to fulfil the criteria of civilian democratic control of the armed forces to join NATO, Turkey was not pressured to reform its civil-military relations till Turkey has become an EU candidate country in 1999. Democratic conditionality as the strategy of the EU and Democratic civilian control of armed forces • Democratic conditionality is the strategy of the EU to encourage candidate states to comply with its democracy and human right standards, referred to Copenhagen criteria. Democratic civilian control of armed forces is one of the democratic standards required to fulfill the criteria. Soon after the EU recognised Turkey a candidate state in 1999, Turkey has executed far-reaching reforms under the EU harmonisation process began in 2001. The reforms of 2001-2005 expanded civil liberties and decreased the military‟s institutional ability to exercise formal control and influence over the civilian politics. This success pleased the Member States and, In October 2005, they decided to start negotiations with Turkey on its accession to the European Union. Model explaining the Effects of the EU Harmonisation, Security Culture and Political Culture on the Civil-Military • Relations There are three variables affecting the civil-military balance of power in Turkey: the EU -harmonization process, which is a major variable that has been transforming the civil-military relations in three directions: increased civilian influence in the balance of power between the civilians and the military; improved transparency in defence budgeting and in defence policy formation; and improved parliamentary oversight. The second variable is the Turkish security policy which has direct and indirect impacts on the increased or decreased civilian democratic control. Related to the second variable, the study gives due attention to security culture, a variable, which affects security policy as much as the material structural factors affecting security policy. The third variable is the political culture related to civil-military matters in Turkey. The security culture and political culture defining civil-military relations interact with each other and create an impact on the security policy (Figure 1). Figure 1 The EU Harmonisation and Civil- Military Concordance I Moving from Rebecca L. Schiff‟s concordance theory (see below), the article examines the relationship between the Turkish military, civilian politics and society before and after the EU harmonization process. It examines the effects of the EU harmonisation process on the changes in the civil-military balance of power, and on the related security culture and political values. The EU Harmonisation and Civil- Military Concordance II The analysis focuses on (i) increased civilian control and its consequent changes in the policy of accountability; (ii) transparency-building in the defence sector; (iii) parliamentary oversight; and (iv) the change in the security culture and in the political culture related to the civil-military issues. It also investigates to what extend the EU harmonization has achieved in building democratic civil-military relations in order to align with the EU standards. Turkish Civil- Military Concordance Model Before and After the EU harmonisation Figure 2.1 and 2.2 compares the concordance model before and after the EU harmonisation. Figure 2.1 represents the traditional organisation modality of civil-military relations which differs from the Huntingtonian model of the separation of civil military relations. Despite their formal separation, military and civilian authorities have forged a partnership based on an imperfect concordance among the military, political elites, and the citizenry. Historical and Cultural Factors that Sustained the Traditional Modality the Civil-Military of (the concordance) is the product of Turkey’s • This ruling style specific historical, social, and institutional context, featuring a stratified society and political culture as well as historic conflicts with neighbouring states and the constant fear of losing territorial integrity, that is deeply rooted in the security culture. Moreover, the three major convictions in the political culture, which are internalised in the course of primary and secondary socialisation, enhance the tendency to deny the separation of civilian and military spheres and sustain the military's influence in the civilian political decision-making process. They have been the cultural pillars supporting the constitutional tools that enabled the military to intervene in the legislative process. Figure 2.1: The Turkish Concordance Model In this model, perceptual refers to the totality of the perceptions, convictions and cognitions of the citizens that shape their attitude towards the military, that is their political culture. Contextual refers to all types of legal and constitutional rules and arrangements. In this model, the military members dominated the NSC. Accountability and Transparency in Defense Budgeting Before the EU Harmonisation Reforms • The defence budgeting and procurement in the traditional model was largely exempt from accountability to the elected representatives. • The pre-EU Harmonisation model of defence budgeting lacked adequate parliamentary oversight and auditing since the Court of Audit was subject to certain restrictions in auditing and scrutinizing military expenses. This was changed by the reforms of the Law of Court of Audit, the Law on Public Financial Management and Control and the constitutional amendments shown in TABLE A. Figure 2.2: The Drift from the Concordance Model Under the EU Harmonisation The Impact of the EU Harmonisation Military‟s formal influence was curbed with the institutional changes in the direction of (i)decreased military‟s formal influence in civilian politics, both in the instutions and parliament; (ii)increased transparency in military budgeting; (iii)relatively higher parliamentary oversight in defense budgeting and defense policy formation(Table A); and (iv) change in the political culture (see Table B) and in the security culture: “ national security is no longer just a military concern” is a new understanding. Figure 4.1: Parliamentary-Military Dynamics in the Pre-EU Harmonisation Figure 4.2: Parliamentary-Military Dynamics in the EU Harmonisation Era Parliament Military National Security Council TABLE A: Changes at Formal Level: Constitutional Amendments and Changes in the Laws for Aligning Civil-Military Relations with EU Practices Requirement by the Constitutional Amendment and Changes in the Laws Date and Reform Package EU The Function and Making the NSC an advisory organ by an amendment to 3 October 2001 Composition of the National Article 118 of the Constitution, which also increases the number Constitutional Security Council (NSC) of civilians in the NSC. Amendments Abrogation of the provision of the Law on the NSC that “the 3 October 2001 NSC will report to the Council of Ministers the views it has Constitutional reached and its suggestions”. Amendments Removal of articles 9 and 14 of the Law on the NSC and the 7 August 2003, 7th Changes in Secretariat General of the NSC which empowered the harmonisation Secretariat General to follow up, on behalf of the President and package NSC General the PM, the implementation of any recommendation made by the NSC; amendment of article 13 limiting the competencies Secretariat of the Secretariat General to the functions of a secretariat of the NSC; amendment of article 5 to increase the time period between regular NSC meetings from one to two months; cancellation of the prerogative of the Chief of General Staff to convene a meeting; amendment of article 15 to revise the appointment procedure of the Secretary General of the NSC; the Secretariat General is to be appointed upon the proposal of the PM and the approval of the President, allowing a civilian to serve in this office; removal of article 19, which provided that „the Ministries, public institutions and organizations and private legal persons shall submit regularly, or when requested, non- classified and classified information and documents needed by the Secretariat General of the NSC‟; abrogation of the Full Parliamentary Control Addition to the Law on the Court of Audit to audit accounts and 7 August 2003, transactions upon the request of Parliament in all areas where 7th of the Defence Budget public means are used. Introduction of a bylaw to establish the harmonisation principles and procedures to be observed when auditing state package property used by the armed forces. Law on Public Financial Management and Control brings extra- Law enacted on budgetary funds into the overall state budget. 10 December 2003 The last paragraph of article 160 of the Constitution on the 7 May 2004 Court of Audit is deleted. This constitutional amendment Constitutional deletes the exemption of “state property in the possession of the Armed Forces in accordance with the principles of secrecy amendments necessitated by national defence" from the control of the Court of Audit (Sayıştay). Transparency of Defence The EU Turkey Report 2007 was not satisfied with the level of EU Turkey transparency. It wrote: Regular Report Budgeting and expenses “The Constitution, and EU harmonisation November reforms enable the Court of Auditors to 2007 carry out external ex-post audits of military expenditures and properties”…No progress has been made in terms of strengthening parliamentary oversight of the military budget and expenditure.” Domestic transparent Not Satisfactory. Following the change of 2006, the Law of the Change in the Court of Auditors prevents publication of the military expense Law in 2006 publication of the defense report prepared by the Court. According to the law passed in expenses 2006, the publication of the audit report --(prepared by Court of Auditors) on the expenses of the Turkish Armed Forces, Withdrawal The representative of the NSC General Secretariat in the 19 July 2003, 6th Supervision Board of Cinema, Video and Music was removed by harmonisation package of Military an amendment to the Law on Cinema, Video and Music (Law No: Re-presentatives 3257). An amendment to Article 6 deletes the clause: “the NSC on Civilian Boards General Secretariat". The member of the Higher Education Board (YÖK), who was 30 June 2004 9th selected by the Chief of General Staff, was removed. Similarly, a member appointed by the Secretary General of the harmonisation package National Security Council has been removed from the High Audio-Visual Board (RTÜK). Eliminate the right of the Chief of General Staff to appoint a 30 June 2004 9th member of the High-Education Board and the High Audio-Visual harmonisation package board. Amendment to No change has been made to the Turkish Armed Forces Internal Service Law and the law on the National Security Council. TURKEY 2007 Internal Service Law The 1997 EMASYA secret protocol on Security, Public Order and Assistance PROGRESS of Article 35; and Units remains in force. The protocol, signed by the General Staff and the The 1997 EMASYA Ministry of Interior, allows for military operations to be carried out for REPORT, p.7 secret protocol internal security matters under certain conditions without a request from the civilian authorities.” Competency of Abolish the trial of citizens by military courts by amending the 7 August 2003, 7th Military Courts Turkish Penal Code and the Law on the Establishment and Trial harmonisation package Procedures of Military Courts July 30, 2003,the The amendment to the Military Criminal Code and the Law on the amendment to the Military Establishment and Trial Procedures of Military Courts in January Criminal Code and the 2004 aligned the detention procedures of the military courts with Law on the Establishment those of other courts. and Trial Procedures of Military Courts TABLE B: Changes at Informal Level: Reduced Informal Influence of the Military Requirement Reduction in the number of the speeches and Years by the EU press statements of the Chief of General Staff and top military leaders To reduce the Moderate military profile and informal informal influence 2005 influence mechanisms of the military Very high military profile and informal 2006 influence 27 April e-memorandum 2007 Jan-June Reduction: . Beginning of reduction of the informal 2007 July military influence after the July 22 Elections Low military profile and informal influence while 2008 alleged coup plans marked the political agenda of July 2008 Rise of military profile with General Basbug, the new Chief of Staff: Signs that the generals will take a more 2008 September- outspoken and publicly visible line under Gen Basbug. Conclusion I Under the EU harmonisation reforms process, two changes are remarkable: • the significant alteration in the structure of the civil-military relations and; • observable changes in the political culture defining the role of the military and a new understanding in the security culture. • These changes have created discordance in the civil-military relations. The new political culture is not very friendly with the idea of coup and military‟s influence on civilian politics. Conclusion II: A New Modality of Concordance is to Emerge • The discordance is more pronounced at “the new political decison making process”, one of the indicators in Schiff‟s Concordance theory. The new decision making modality, where the military largely lost its formal influence over the civilian politics and became more accountable to the civilians, has created unease among some members of the military. A new concordance could emerge, if Turkey overcomes the crisis of democracy it has been undergoing with the military coup allegations have marked the political agenda since 2008 March. In the new concordance, democratic control is as important as civilian control for political stability.