FightING ILISU DAM  - SAVE HASANKEYF AND TIGRIS VALLEY

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Letter to German Government on 27th February 2007

(similar letter has been sent to austrian and swiss governments)

Textfeld: Initiative to Keep Hasankeyf Alive Contact address: GABB – Union of Southeast Anatolia Region Municipalities Koop. Mah. Gevran Cad. Belediye Konukevi, Yenisehir Diyarbakir/Turkey Tel :+90 (412) 229 67 47; Fax:+90 (412) 228 96 53 http://www.hasankeyfgirisimi.org Contact: hasankeyfgirisimi@gmail.com To: Ministry of Economy and Technology Mr. Michael Glos Federal Republic of Germany Ministry of Economic Cooperation and Development Mrs. Heidi Wieczorek-Zeul Federal Republic of Germany Ministry of Foreign Affairs Mr. Frank-Walter Steinmeier Federal Republic of Germany Ministry of Finance Mr. Peter Steinbrück Federal Republic of Germany Copy to: Interministerial Committee for Export Credit Guarantees Mr. Hans-Joachim Henckel EulerHermes Mr. Hans Janus 27.02.2007 Ilisu project: Pressure of the Turkish Government and legal situation Dear Ministers Mr. Glos, Mrs. Wieczorek-Zeul, Mr. Steinmeier and Mr. Steinbrück, Thank you for your reply dated January 31, 2007 and the involved explanations. But before commenting your answers we would like to mention another very important development. The Turkish government or rather the DSI presses you for a fast approval of the Ilisu project. DSI urges you to decide now so that the construction can start until March 30th, 2007. On 17th February, 2007, the Turkish newspaper ‘The New Anatolian’ writes “…DSI has held a last meeting with representatives of export credit agencies from Germany, Austria, and Switzerland, and demanded them to release their credit commitments, as these agencies were raising new conditions for the project.” (see attachment) Could you explain to us how we are supposed to interpret this situation? DSI wants from you a final decision before fulfilling the conditions, which are necessary to be fulfilled for a final approval, and is violating obviously the agreement of October 2006, and that through pressurizing you. In our opinion this behaviour of DSI shows again that Turkey is not interested in sincerely fulfilling the conditions set up by the ECAs of Germany, Austria and Switzerland. We do not believe that till March 30, 2007 Turkey/DSI will or will be able to fulfill all conditions which are necessary to be fulfilled for a final approval. We expect from you that you do not accept this deadline and that you do not become a part of this unacceptable manner of conduct. In the article it is also said that ‘if the agencies do not provide credits until the deadline, a new international tendering process will be started’. Again the Turkish side uses the argument of the Chinese companies in order to exert pressure on you. This should not be an argument for you for giving the final approval. We expect from you the keeping of your standards and criterias. We previously wrote to you about our views on involvement of the Chinese companies. And we do not expect that they will be involved with this project for this would lead to many other new problems in Turkey. As we understand you say in your last letter that you can not publish the conditions and timetable for their fulfilment because of an agreement with DSI done in October 2006 in Ankara. But denying affected communities the right to know whether or not the proposed project is in compliance with international standards concerning environment and resettlement and your current statements that explain the process with a done-deal, undermine the well-earned reputation and prestige of the German government. The OECD Common Approaches, requires from ECAs to 'make environmental information publicly available at least 30 calender days BEFORE a final commitment to grant official support'. Hermes and German Government refuse to make this information available until AFTER the final commitment has been taken and underlines in the same letter their commitment to the Common Approaches (and the Hydropower statement). In that framework it is not acceptable to say that the agreement to make public all the information requested [after the final decision!] will ensure transparency and enable public scrutiny! Through your behaviour you exclude us from discussions on the Ilisu project. And your information that after the final commitment there will be established a Project Implementation Group (PIU) including local authorities project affected people is not convincing. We heard from other sources that DSI does not accept any local authorities or NGOs in the PIU. After everything is decided you say to us to work with the Ilisu consortium and DSI. The experience of last weeks does not show any sign of cooperation by them. Rather the exact opposite is true: The gouverneur of Mardin province, Mr. Kiliclar, regards all opponents of Ilisu project as supporter of “separatist terrorist organization” (see attachment). You should not give a final approval because of many reasons. We explained them to you in many occasions. But, sadly, we see that not only the Consortium is involved in greater misdeeds, and new and more serious points do raise every day, but also that you are also becoming accomplices, if not an active part of these. Still, we would like to state once again that the following points are very important regarding the legality: Indeed, as the Turkish journalists have stated (i.e. by Metin Munir of the Turkish newspaper Milliyet, see his columns in attachment), the initial international tendering (and placing) process of the current Ilisu Consortium is already subject to serious public doubt, and needs to be renewed in order for it to abide by the conditions set in national and international law. In Turkey there are two trials against the Ilisu dam and Hydroelectric Powerplant Project continuing and that’s why there is no legal basis for the start of the project. The first trial is at the Regional Administrative Court of Diyarbakir (in Turkish: Diyarbakır Idari Mahkemesi) brought by action by the lawyer Mr. Murat Cano some years ago. The second trial is at the national 10th division of the State of Council / Administrative Court in Ankara (in Turkish: Danıştay 10. Dairesi) brought in action by the lawyer Mr. Kemal Vuraldogan in 2000. In 2003, the State of Council rejected the suit of K. Vuraldogan. But on February 10, 2007 the appeal department of the State of Council decided that the 10th division of State of Council can not decide while the trial in Diyarbakir is continuing. So the trial has to be handled again. Furthermore, in November 2007, our Initiative applied to court against a new principle decision on ‘the protection of unremovable cultural assets that are affected by Dam constructions’ published in the official gazette by the Ministry for Culture and Tourism on October 4, 2007. In September 2007, we brought an legal action against the new resettlement site of the city of Hasankeyf. The plaintiffs are four people of the area foreseen for the new city. Also till today the Conservation Council for Cultural and Natural Assets of Diyarbakir has not yet taken a decision whether the protection of the archaeological site of Hasankeyf can be lifted. According to Turkish law, such a repeal is a must for any construction work to take place. Also, we would like to remind you of the ongoing courtcase on Hasankeyf in ECHR, started in March 2006, and would like to inform you that the Initiative, together with Prof. Zeynep Ahunbay, ICOMOS Turkey and Hasankeyf Municipality, has officially nominated Hasankeyf for the 2008 World Monuments Watch List of 100 Most Endangered Sites. We find these legal aspects as very important arguments for you not to give final approval now, not before solving these problems and waiting for the decision of the legal processes. Furthemore: In the meeting of the High Council of Fighting Terrorism (TMYK) hold on February 22, 2007 which comes together before the meeting of National Security Council (MGK) the sending of 5000 soldiers to the constructions site of the Ilisu dam was handled. The news agency ANF and the newspaper Zaman reported on that issue on February 23/24, 2007 in press reports (translation of one in attachment). If that happens, a big area will be declared as a military zone. This clearly can be read as an early signal of the problematic impacts the construction of Ilisu dam can have on the human rights and the right of freedom of action. Kind regards, Necdet Inal and Ercan Ayboga for the Initiative to Keep Hasankeyf Alive Diyarbakir/Turkey