‘Consensus with CHP unlikely’

The CHP earlier proposed to divide the package into smaller sections for a public referendum. However, the party has also proposed tabling the constitutional amendments until after general elections. It has also threatened to take the package to the Constitutional Court for its annulment. The CHP earlier said it was uneasy about three particular articles in the package, including changes to the structure of two judicial bodies, but in an announcement yesterday, the CHP changed that stance as well, saying it is now opposed to 12 of the 30 articles included in the package.

In fact, the CHP's flip-flops on the package have been so frequent that yesterday Deputy Prime Minister Cemil Çiçek argued that the CHP was trying to find excuses not to take the package to a referendum. He said the CHP's recent proposals were strategic moves to stonewall the process. He said CHP leader Deniz Baykal was trying to appear as though his party was airing alternative proposals, while it actually did not make any suggestions at all.

CHP parliamentary group deputy chairman Kemal Anadol said in a press conference yesterday afternoon that the CHP had revised its opposition to “three articles” and is now opposed to “three issues.” He said they were ready to back the AK Party's proposal on all articles except the 12 they deem to be in violation of the Constitution. Anadol said their offer was well-intentioned and good, calling on the AK Party to accept it. In response to Atalay's words from earlier in the morning, Anadol said: “Instead of replying to such declarations, we expect the prime minister to answer our proposal after discussing it with his party. What we want to do is present solutions and reduce tension.”

Leaders of the CHP and the AK Party are expected to meet today or tomorrow to evaluate the situation. However, recent developments indicate that the chances of the two parties reaching a consensus are nearly nil. Speaking to Today’s Zaman on that possibility, AK Party parliamentary group deputy chairman Suat Kılıç said: “The hope for a consensus that arose after the first proposal [CHP leader] Baykal brought up appears to have disappeared with the second proposal to postpone the package until after the general election. It is confusing that the CHP continuously changes its mind.”

Dividing the package

Dividing the package into three parts to be voted on in a referendum is technically possible, but somewhat complicated. There are 30 articles in the package. Twenty-nine of these can be changed through proposals from Parliament, but the 30th article has a clause that says the package, if referred to a referendum, must be voted on as a single unit. At least 184 deputies would need to sign a new constitutional proposal and submit this to the Parliament Presidency. The same process applies to any change that might call for the addition of a new article during talks on the package in Parliament. The Nationalist Movement Party (MHP) and the Peace and Democracy Party (BDP) have announced that they will not support any part of the package.

Deputy heads of the AK Party’s parliamentary group are trying to see whether the CHP could be setting a trap for them. They are examining every legal detail to understand whether any of the changes to be proposed during talks on the package could lead to the death of the package, for example via a cancelation by the Constitutional Court on the grounds of procedural mistakes.

It is also not clear when the CHP might, or technically can, apply to the Constitutional Court to appeal the package. The CHP plans to take it to the court once talks in Parliament on the package are over. However, the Constitutional Court had rejected an application from former President Ahmet Necdet Sezer on Oct. 21, 2007, against a constitutional amendment before it was referred to a public vote. Many jurists, including Sezer himself, say the CHP will have to wait until after the public vote on the package to apply to the Constitutional Court.

Another difficulty the CHP faces is finding an extra 13 deputies to reach the necessary number to apply to the Constitutional Court. There are 12 independent deputies in Parliament. The Democratic Left Party (DSP) has six seats, but it is not yet clear whether they will be supporting the CHP’s bid to have the package annulled.

Hasan Erçelebi, deputy head of the DSP, told Today’s Zaman that they are not likely to support the CHP. “Mr. Baykal earlier said the current Parliament does not have the authority to draft a new constitution. Now he is telling the prime minister to do the changes together. The only thing we would help Baykal with is if there is an article included bringing the election threshold down from 10 percent. Apart from that, we will not be used as a crutch by anyone.”

Discussions on the package

The package was referred to Parliament’s General Assembly after 43 hours of discussion in the Constitutional Commission on its contents. The debate will start at 1 p.m. on Monday. Discussions in Parliament are expected to last for about two weeks. There will be discussions on three or four articles a day. It is expected that Parliament will take three hours to talk and vote on each article.

Constitutional amendment proposals are voted on in two rounds in the general assembly. Each vote is held 48 hours apart. The voting is confidential. In the first round, parties can make speeches before the vote, while there are no speeches in the second round. At least 330 deputies’ confidential votes are necessary for the package to pass, in which case it would be referred to a public vote. At least 367 votes in favor are needed for the package to be enacted without a referendum.

Some changes were made to the initial draft during talks on the package in the Constitutional Commission. These include changes to articles regarding affirmative action, the protection of children, the right to strike for public servants, changes to the legal status of the Supreme Military Council (YAŞ), the scope of the duty of military courts, the inspection of judicial services, the financial inspection of political party accounts and the initially proposed changes to electing members to the Higher Education Board (YÖK) and the Supreme Board of Judges and Prosecutors (HSYK).