A study by the Treasury's Land Directorate has revealed 455 cases of illegally occupied public lands along southwest Turkey’s shores, ranging from 100 square meters to 145,000 square meters. Government agencies are pointing fingers, blaming each other for the confusion in the law
 Alanya |
The sun beds and umbrellas on that nearby beach might look attractive, but there’s a chance there’s an ugly truth behind the cover charge at the gate.
With fences and wire netting, signs declaring “No entry” and ditches dug in the ground, hundreds of people have illegally demarcated and occupied thousands of hectares of prime beachfront real estate in southern Turkey, according to a parliamentary report.
Parliament’s Petition Commission recently released a map detailing the extent of illegal occupation along Turkey’s shores and identified the individuals and companies that have blocked access to lands that should be open to the public.
The map comes in response to a flood of inquiries from citizens after Parliament lowered the penalties for illegally occupying public land in 2008. It was then that the Parliament’s Petition Commission asked for a detailed study from the Treasury's Land Directorate about the situation of illegally occupied public coastal lands.
The map is a result of a pilot survey covering Turkey’s most popular vacation and tourism centers such as Antalya, Muğla and Aydın. As a result of the survey, all illegally occupied areas have been identified meter by meter while each and every occupier has been revealed, giving the names of both the companies and individuals involved.
The list covering the three provinces, where many of Turkey’s most famous tourism companies and holiday villages are located, totals 455 individuals and companies.
Muğla tops the list
Among the three surveyed provinces, the southwestern province of Muğla topped the list with 211 sites. According to the report, several districts in Muğla had numerous illegal occupations: Marmaris had 169, Datça had 24, Bodrum had 14 and Milas had four. The largest space illegally occupied by one person was 42,000 square meters.
Second on the list was the jewel of Turkish tourism, the Mediterranean province of Antalya with 186 illegally occupied areas. The province’s Kemer district had 99, the Alanya district had 33, Konyaaltı 17, Finike 10, Manavgat 12, Gazipaşa eight, Serik three, Muratpaşa two, and Kaş and Kumluca one each. One of the occupiers in Antalya was found to be running a social center for teachers.
Municipality becomes occupier
The total number of illegally occupied beaches and shores in Aydın province was 58: 28 in Didim district and 30 in Kuşadası. The Didim Municipality is listed as the illegal occupier in eight of these cases. In the popular resort town of Kuşadası and especially its Davutlar neighborhood, 25 companies and individuals have occupied vast beachfront areas of 145,000 square meters each. The state has fined these corporations and individuals for damages as a result of the unlawful occupation, but the fines have amounted to little more than bizarre “token fines” of between 240 and 4,000 Turkish Liras.
The president of the parliamentary commission, Yahya Akman, said the survey of illegally occupied coastal areas would be extended to cover all of Turkey’s shorelines. “These occupations must come to and end. The confusion of who has authorization among the government agencies will be eliminated and if need be, new legislation will be introduced,” he said.
Blaming each other
The Petition Commission contacted several departments and ministries during its investigation. The ministries of Public Works, Environment, Culture, Finance, Interior and Justice all blamed each other for the illegal occupations and the commission concluded that there was confusion over who had authority over the areas in question. They explained the situation as follows:
- Representatives of the Environment Ministry: “Shore occupations are a result of the ‘ecrimisil.’ This is the fine for damages for unlawful occupation that they have already paid. Occupiers think of this as their right. They occupy places and pay the fine and then they believe that they have legalized their occupation. Illegal occupiers also include government agencies. For example, in the Lara district of Antalya, the facilities of the Turkish Postal Service, or PTT, and the Justice Ministry have violations along the seashores. Several government facilities along the shores have similar illegal applications.”
- Representatives of the Public Works Ministry: “The essential problem is the confusion over authority. Some powers are being used beyond their original intention. Borders and shorelines must be delineated. It is essential that these be accurately recorded in detail.”
- Finance Minister Mehmet Şimşek: “The application of ‘ecrimisil,’ which is the fine for damages of unlawful occupation, is not for legalizing occupations. The main reason for these occupations is that and jurisdiction on this topic is dispersed among several government agencies and departments.”
- Interior Minister Beşir Atalay: “Illegal occupations do not only fall under the jurisdiction of our ministry, offices of governors, district governors and municipalities, but also the Finance and Tourism ministries. It would be best if the problem was dealt with in coordination with all the relevant government agencies and corporations.”
- Justice Minister Sadullah Ergin: “The solution to the problem of illegal occupations lies within the case law of the Supreme Court of Appeals that will be formed after the results of judicial decisions and applications.”
All political parties unite under the same theme
According to the findings of the parliamentary commission, 455 individuals and companies have illegally occupied thousands of hectares of shores and beaches in Turkey’s most popular regions. The findings also revealed that legal proceedings that led to the widespread illegal occupations was the result of a joint undertaking of the ruling Justice and Development Party, or AKP, the main opposition Republican People’s Party, or CHP, and the opposition National Movement Party, or MHP.
In 2008, a joint bill proposed by Antalya deputies of the ruling and opposition parties was passed. The bill amended Article 154 of Turkish Penal Code, or TCK, and severe penalties were replaced by lighter ones for those occupying public lands. The Petition Commission has found that the illegal occupation of shores is especially widespread in Muğla, Antalya and Aydın and was effectively made easier by the passing of the bill in Parliament three years ago.
The unlawful occupations that continued for years were supposed to be prevented by severe punishments introduced in 2005 with an amendment to Article 154. According to the article, jail sentences of six months to three years would be given to those who occupied public or private territory illegally. Scores of lawsuits were opened within a short period of time against occupiers and the tourism industry was quick to react to the situation.
Tourism companies started lobbying fiercely at the government level and demanded that the “occupation of public land” should not be considered as a criminal offense. The ruling AKP deputies then prepared a bill to meet this demand, but it received a negative reaction from the opposition at its initial stage.
Antalya deputies hand in hand
Tourism companies continued to lobby in Parliament and have contacted several Antalya deputies, among them Justice Minister Mehmet Ali Şahin, former CHP leader Deniz Baykal and some MHP deputies. Visiting deputies to persuade them on the matter, the lobbyists successfully convinced at least three Antalya deputies from different parties.
AKP Antalya deputy Sadık Badak, CHP Antalya deputy Osman Kaptan and MHP Antalya deputy Hüseyin Yıldız prepared a bill to mitigate the severe penalties given to illegal land occupiers. The bill was supported by opposition parties during commission and general assembly debates. Because of the amendment, several tourism investors who were occupying public land were saved from jail sentences. The bill was passed due to the cooperation of opposition parties and the ruling party.
Closed to public or charging a fee
The Union of Chambers of Turkish Engineers and Architects and the Chamber of Survey and Cadastre Engineers warned against the bill’s negative consequences and requested that the president not endorse it but the president approved the bill despite the warnings.
Immediately after the passing of the bill, a huge number of petitions started arriving at the offices of the Petition Commission, which then decided to launch the survey. A map of the illegal shoreline occupations was drawn up using the information the commission had received, which showed the obstructions to public beaches by fences, wires, “No entry” signs, ditches and poles.
‘Mindsets of the people have to change’ *
Substantial change will need to occur to reform the property situation on much of Turkey’s southwestern coastline, according to tourism consultant Ömer Avcı.
“This is a very sensitive subject,” Avcı said. “If this problem is to be resolved on the most important issues, we must change the whole development plan for the coastal areas of southwestern Turkey. Regulation and enforcement will have to change if this problem is to be solved. But most of all, the mindsets of the people will have to change. Having said that, most Turkish people know that it is illegal to occupy the shorelines but the government needs to create a consensus and find a solution, as otherwise it will be exceedingly difficult for everyone.”
Avcı has a wealth of experience and knowledge of the Turkish tourism industry and has worked in the field of tourism.
“This subject has to be carefully examined for the long-term benefit of the environment and the tourism industry. One of the most important things that must change is the mentality of the industry. There has to be a comprehensive education program to encourage hoteliers and owners to think about the future and not just the present,” he said.
A lack of regulation and enforcement appears to be the main issue, he said, adding that people are always trying to accrue just a little bit more.
“But it is not just about hotels and tourists. The environmental plan is important too. All beaches in Turkey are public by law but the beach-side hotels understandably want to look after their customers. Nature and tourism are not necessarily mutually exclusive. Both areas need to be protected from unregulated development as both are vulnerable. Ideally, both must be able to thrive but under careful management and control,” he said.
At the moment, Avcı is working on a project to improve the quality of the Turkish holiday market and heads a committee whose main role is the improvement of the resorts in the province of Muğla.
*Interview by Jane Akatay from Fethiye.
With fences and wire netting, signs declaring “No entry” and ditches dug in the ground, hundreds of people have illegally demarcated and occupied thousands of hectares of prime beachfront real estate in southern Turkey, according to a parliamentary report.
Parliament’s Petition Commission recently released a map detailing the extent of illegal occupation along Turkey’s shores and identified the individuals and companies that have blocked access to lands that should be open to the public.
The map comes in response to a flood of inquiries from citizens after Parliament lowered the penalties for illegally occupying public land in 2008. It was then that the Parliament’s Petition Commission asked for a detailed study from the Treasury's Land Directorate about the situation of illegally occupied public coastal lands.
The map is a result of a pilot survey covering Turkey’s most popular vacation and tourism centers such as Antalya, Muğla and Aydın. As a result of the survey, all illegally occupied areas have been identified meter by meter while each and every occupier has been revealed, giving the names of both the companies and individuals involved.
The list covering the three provinces, where many of Turkey’s most famous tourism companies and holiday villages are located, totals 455 individuals and companies.
Muğla tops the list
Among the three surveyed provinces, the southwestern province of Muğla topped the list with 211 sites. According to the report, several districts in Muğla had numerous illegal occupations: Marmaris had 169, Datça had 24, Bodrum had 14 and Milas had four. The largest space illegally occupied by one person was 42,000 square meters.
Second on the list was the jewel of Turkish tourism, the Mediterranean province of Antalya with 186 illegally occupied areas. The province’s Kemer district had 99, the Alanya district had 33, Konyaaltı 17, Finike 10, Manavgat 12, Gazipaşa eight, Serik three, Muratpaşa two, and Kaş and Kumluca one each. One of the occupiers in Antalya was found to be running a social center for teachers.
Municipality becomes occupier
The total number of illegally occupied beaches and shores in Aydın province was 58: 28 in Didim district and 30 in Kuşadası. The Didim Municipality is listed as the illegal occupier in eight of these cases. In the popular resort town of Kuşadası and especially its Davutlar neighborhood, 25 companies and individuals have occupied vast beachfront areas of 145,000 square meters each. The state has fined these corporations and individuals for damages as a result of the unlawful occupation, but the fines have amounted to little more than bizarre “token fines” of between 240 and 4,000 Turkish Liras.
The president of the parliamentary commission, Yahya Akman, said the survey of illegally occupied coastal areas would be extended to cover all of Turkey’s shorelines. “These occupations must come to and end. The confusion of who has authorization among the government agencies will be eliminated and if need be, new legislation will be introduced,” he said.
Blaming each other
The Petition Commission contacted several departments and ministries during its investigation. The ministries of Public Works, Environment, Culture, Finance, Interior and Justice all blamed each other for the illegal occupations and the commission concluded that there was confusion over who had authority over the areas in question. They explained the situation as follows:
- Representatives of the Environment Ministry: “Shore occupations are a result of the ‘ecrimisil.’ This is the fine for damages for unlawful occupation that they have already paid. Occupiers think of this as their right. They occupy places and pay the fine and then they believe that they have legalized their occupation. Illegal occupiers also include government agencies. For example, in the Lara district of Antalya, the facilities of the Turkish Postal Service, or PTT, and the Justice Ministry have violations along the seashores. Several government facilities along the shores have similar illegal applications.”
- Representatives of the Public Works Ministry: “The essential problem is the confusion over authority. Some powers are being used beyond their original intention. Borders and shorelines must be delineated. It is essential that these be accurately recorded in detail.”
- Finance Minister Mehmet Şimşek: “The application of ‘ecrimisil,’ which is the fine for damages of unlawful occupation, is not for legalizing occupations. The main reason for these occupations is that and jurisdiction on this topic is dispersed among several government agencies and departments.”
- Interior Minister Beşir Atalay: “Illegal occupations do not only fall under the jurisdiction of our ministry, offices of governors, district governors and municipalities, but also the Finance and Tourism ministries. It would be best if the problem was dealt with in coordination with all the relevant government agencies and corporations.”
- Justice Minister Sadullah Ergin: “The solution to the problem of illegal occupations lies within the case law of the Supreme Court of Appeals that will be formed after the results of judicial decisions and applications.”
All political parties unite under the same theme
According to the findings of the parliamentary commission, 455 individuals and companies have illegally occupied thousands of hectares of shores and beaches in Turkey’s most popular regions. The findings also revealed that legal proceedings that led to the widespread illegal occupations was the result of a joint undertaking of the ruling Justice and Development Party, or AKP, the main opposition Republican People’s Party, or CHP, and the opposition National Movement Party, or MHP.
In 2008, a joint bill proposed by Antalya deputies of the ruling and opposition parties was passed. The bill amended Article 154 of Turkish Penal Code, or TCK, and severe penalties were replaced by lighter ones for those occupying public lands. The Petition Commission has found that the illegal occupation of shores is especially widespread in Muğla, Antalya and Aydın and was effectively made easier by the passing of the bill in Parliament three years ago.
The unlawful occupations that continued for years were supposed to be prevented by severe punishments introduced in 2005 with an amendment to Article 154. According to the article, jail sentences of six months to three years would be given to those who occupied public or private territory illegally. Scores of lawsuits were opened within a short period of time against occupiers and the tourism industry was quick to react to the situation.
Tourism companies started lobbying fiercely at the government level and demanded that the “occupation of public land” should not be considered as a criminal offense. The ruling AKP deputies then prepared a bill to meet this demand, but it received a negative reaction from the opposition at its initial stage.
Antalya deputies hand in hand
Tourism companies continued to lobby in Parliament and have contacted several Antalya deputies, among them Justice Minister Mehmet Ali Şahin, former CHP leader Deniz Baykal and some MHP deputies. Visiting deputies to persuade them on the matter, the lobbyists successfully convinced at least three Antalya deputies from different parties.
AKP Antalya deputy Sadık Badak, CHP Antalya deputy Osman Kaptan and MHP Antalya deputy Hüseyin Yıldız prepared a bill to mitigate the severe penalties given to illegal land occupiers. The bill was supported by opposition parties during commission and general assembly debates. Because of the amendment, several tourism investors who were occupying public land were saved from jail sentences. The bill was passed due to the cooperation of opposition parties and the ruling party.
Closed to public or charging a fee
The Union of Chambers of Turkish Engineers and Architects and the Chamber of Survey and Cadastre Engineers warned against the bill’s negative consequences and requested that the president not endorse it but the president approved the bill despite the warnings.
Immediately after the passing of the bill, a huge number of petitions started arriving at the offices of the Petition Commission, which then decided to launch the survey. A map of the illegal shoreline occupations was drawn up using the information the commission had received, which showed the obstructions to public beaches by fences, wires, “No entry” signs, ditches and poles.
‘Mindsets of the people have to change’ *
Substantial change will need to occur to reform the property situation on much of Turkey’s southwestern coastline, according to tourism consultant Ömer Avcı.
“This is a very sensitive subject,” Avcı said. “If this problem is to be resolved on the most important issues, we must change the whole development plan for the coastal areas of southwestern Turkey. Regulation and enforcement will have to change if this problem is to be solved. But most of all, the mindsets of the people will have to change. Having said that, most Turkish people know that it is illegal to occupy the shorelines but the government needs to create a consensus and find a solution, as otherwise it will be exceedingly difficult for everyone.”
Avcı has a wealth of experience and knowledge of the Turkish tourism industry and has worked in the field of tourism.
“This subject has to be carefully examined for the long-term benefit of the environment and the tourism industry. One of the most important things that must change is the mentality of the industry. There has to be a comprehensive education program to encourage hoteliers and owners to think about the future and not just the present,” he said.
A lack of regulation and enforcement appears to be the main issue, he said, adding that people are always trying to accrue just a little bit more.
“But it is not just about hotels and tourists. The environmental plan is important too. All beaches in Turkey are public by law but the beach-side hotels understandably want to look after their customers. Nature and tourism are not necessarily mutually exclusive. Both areas need to be protected from unregulated development as both are vulnerable. Ideally, both must be able to thrive but under careful management and control,” he said.
At the moment, Avcı is working on a project to improve the quality of the Turkish holiday market and heads a committee whose main role is the improvement of the resorts in the province of Muğla.
*Interview by Jane Akatay from Fethiye.
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