Civil society wants more rights and freedoms in reform package

The demands of civil society organizations vary, but most stress that although Turkey is in need of a new constitution, a reform package such as the one currently under discussion can pave the way for one. Meanwhile, they say even a mini reform package is important in reaching consensus in society.

Another demand of civil society organizations is legal amendments that will bring more democratization and pluralistic representation to the next Parliament and thereby create an atmosphere conducive for drafting a new constitution.

Many intellectuals, activists and organizations last week prepared a declaration stating their demands and shared it with the public and parliamentary groups of political parties. This declaration underlined that the 10 percent election threshold should be lowered, financial assistance to political parties reorganized and an independent institution formed to monitor the transparency of election expenditures of political parties.

The declaration also suggested that the immunity of deputies should be restricted to their political actions and that the ban on members of the army, judiciary and security forces from being members of political parties should be abolished.

The declaration also stressed that positive discrimination for women should be an integral part of the constitutional reform package. This has already been addressed in the current reform package.

Rights have been stressed, but more could be done

One of the signatories of this declaration, Hülya Gülbahar from the Association for Education and Supporting Women Candidates (KA-DER), said a step forward has been taken with the constitutional reform package as concerns positive discrimination for women, but it is not enough. She said that since 2007, the Women’s Platform for a New Constitution, which comprises women’s organizations seeking a new constitution, is fighting to add anti-discriminative provisions to the Constitution.

“We wanted to insert an article that clearly prohibits all kinds of discrimination based on gender, religion, language, sexual orientation, age and disability. Second, we really hope a quota system for women will be mentioned in the Constitution until actual equality is achieved,” Gülbahar told Sunday’s Zaman.

She added that the lack of a special provision regarding the protection of women against violence is another defect of the constitutional reform package because Turkey sees new cases of women being victimized by different kinds of violence every day.

Such a regulation, reminding the state of its duty to protect its citizens from abuse, exists, but only addresses children. According to the draft package, a provision obliging the state to take measures to protect children from abuse, violence and sexual abuse will be added to the Constitution. The reform package also envisages positive discrimination for children.

Children’s rights activists, including Emrah Kırımsoy from the Children’s Agenda Group, underline that this move is positive but that adopting the view that considers children individuals with extra needs will be better.

Speaking to Sunday’s Zaman, Kırımsoy underlined that it would be better if the reform package stresses these needs. He added that they suggest adding the following articles, which are part of the Belgian constitution:

“Each child is entitled to have his or her moral, physical, mental and sexual integrity respected. Each child has the right to express his or her views in all matters affecting him or her, the views of the child being given due weight in accordance with his or her age and maturity. Each child has the right to benefit from measures and facilities which promote his or her development. In all decisions concerning children, the interest of the child is a primary consideration.”

Öztürk Türkdoğan, chairman of the Human Rights Association (İHD), said that from a human rights perspective, despite the missing parts, there are many positive elements in the package, including improved children’s rights. But he suggested that a provision in the reform package which enforces Article 90 of the Constitution will help improve the situation considerably.

“Article 90 of the Constitution is the key for the solution of many problems we face in the field of human rights, but a new regulation is needed to ensure it is implemented,” Türkdoğan told Sunday’s Zaman.

Article 90, re-legislated in 2007, states that in the event of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail, but according to human rights activists, the courts are reluctant to implement this provision. According to Osman Can, co-chairperson of the Democrat Judiciary Association, told Sunday’s Zaman it comes as no surprise that Article 90 is not being implemented effectively.

“As long as the apparatuses of the state remain as they are, writing down basic rights and freedom in the Constitution will not lead to a major change. The state’s judicial apparatus above all has to be democratized. This draft package envisages structural changes to the apparatus but does not ensure that the pluralism in society is reflected in the judiciary,” Can told Sunday’s Zaman.

According to him, the structure of the supreme judiciary is so bad that any change can only make it better. But he also stressed that the reform package is not good enough to fully democratize the judiciary.

Can and the Democrat Judiciary Association suggest an alternative could be for Parliament to elect the members of the judiciary, including the Constitutional Court. They also suggest replacing the Supreme Board of Judges and Prosecutors (HSYK) with a Supreme Judiciary Board, whose members would be elected by the president, Parliament, judges, prosecutors and lawyers.

Unions demand more

The reform package gives civil servants the right to collective bargaining but stops short of allowing strikes. Unions have already begun criticizing this regulation. Süleyman Çelebi, leader of the Confederation of Revolutionary Workers’ Unions (DİSK), claims that without the right to strike, the right to form a union is of no use.

In a written statement released on Friday, DİSK said Turkey needs a new constitution but that anti-democratic laws must first be amended. Among these laws it cites the Law on Political Parties and election laws.