Gov’t plans to introduce new system for fair representation

The AK Party will propose a 20-article constitutional change package to Parliament before general elections to be held in 2011. Speaking to Today’s Zaman, AK Party parliamentary group deputy chairman Bekir Bozdağ said they are almost done with the package and that they plan to send the changes to Parliament in June.

In an interview with journalists on his flight from Moscow to Ankara, Prime Minister Recep Tayyip Erdoğan also said last week that constitutional reform in Turkey would soon become inevitable. He said the initial changes to the Constitution the AK Party was planning were minor. “They [the opposition parties] filibuster even the smallest change. We would not bring a package that would hold Parliament hostage,” Erdoğan said. The prime minister also said Turkey should get used to holding referenda since they plan to refer constitutional amendments to the public. Burhan Kuzu, chairman of Parliament’s Constitutional Commission, also confirmed to Today’s Zaman that the package would brought to Parliament soon. One of the most important changes to be suggested is the “Turkey deputy” system, introduced in response to criticism against Turkey’s current 10 percent election threshold. The government suggests that 100 deputies in the 550-seat Turkish Parliament be elected as “Turkey deputies” to provide fair representation for parties.

According to the AK Party’s proposal, these 100 deputies would be elected according to the percentage of the overall vote political parties receive. For example, a party that received 50 percent of the nationwide vote will have 50 Turkey deputies, while a party that received 1 percent vote will receive one Turkey deputy. This way, securing only 1 percent of the vote will guarantee a party representation in Parliament.

If the proposal is passed, political parties will submit a list of 450 prospective deputies to the Supreme Election Board (YSK) before the general elections and a list of 100 for the Turkey deputy positions. The 100 seats allocated for Turkey deputies will be distributed among the parties based on the percentage of the vote they receive.

If this system had been implemented in the July 22, 2007 elections, the AK Party would have received 47 of these seats, while the Republican People’s Party (CHP) would have gotten 20 and the Nationalist Movement Party (MHP) 15. AK Party officials say this system will bring fairer representation to Parliament than a lowering of the election threshold would.

The AK Party wants the new method of election to go into effect in the next general elections, scheduled for July 22, 2011, so the law should be passed at least one year before the elections in order to affect the 2011 elections. The government will reportedly try to convince opposition parties to back the proposal.

Package includes more amendments

The package will also include constitutional amendments that would make party closures more difficult. The principles set forth by the Venice Commission of the European Council will be taken as the basis for party closures. As in many European countries, only those political parties that espouse violence or terrorism will be closed down. Prosecutors will no longer have the right to demand one-year bans from politics for members of parties that have been shut down. With the changes, parliamentary elections will be held every four years instead of the current five, and local elections will be held in October instead of March, as has been the practice.

The structure of the Constitutional Court will also be changed, by increasing the number of court member from 11 to 18, and civil servants will be granted the right to go on strike.

The structure of the Supreme Board of Judges and Prosecutors (HSYK) is also to be altered. The justice minister and the minister’s undersecretary will not be members of the HSYK.

The package in addition seeks to establish a parliamentary commission on “political ethics” that will work in secrecy and monitor whether any politician has broken the law through involvement in public procurement tenders or contracts. The package will introduce restrictions on politicians’ ability to own companies.

An ombudsman law, of crucial importance in the EU harmonization process, has also been included in the package. The law, which was previously vetoed by former President Ahmet Necdet Sezer on the grounds that the “ombudsman” institution did not have a definition in the Constitution, is necessary since Turkey currently has no separate institution to inspect public services.