Political parties gear up for elections, propose constitutional changee

The ruling Justice and Development Party (AK Party) had a draft constitution prepared a few years ago by a team of constitutional law experts led by Professor Ergun Özbudun. However, the public reacted to a top down approach when it came to the main text, which consisted of a set of fundamental principles in government, the AK Party decided to change its approach and invite suggestions from a variety of civil society and professional organizations, political parties and professors of law, and then to develop a constitutional text.

The AK Party has suggested a revision of the entire Constitution except the first three unchangeable articles, which refer to the form of the state as the Turkish Republic, define the characteristic of the republic as secular and a social state governed by the rule of law, and indicate loyalty to the nationalism of Atatürk, founder of the Turkish Republic. The Constitution states in Article 3 that the Turkish state, with its territory and nation, is an indivisible entity; its language is Turkish; its flag, the form of which is prescribed by the relevant law, is composed of a white crescent and star on a red background; it has a national anthem; and its capital is Ankara.

The AK Party, which has been accused in the past of attempting to change those unchangeable articles, is now suggesting a change to the concept of citizenship. Currently, Article 66 of the Constitution says that “everyone bound to the Turkish state through the bond of citizenship is a Turk.”

The ruling party is suggesting amending this to “Everyone bound to the Turkish Republic through the bond of citizenship is a Turk irrespective of religion and ethnicity.” According to the government’s suggestions, Turkishness should be associated with loyalty to the Constitution and citizenship.

When it comes to the “state’s language” which is Turkish, the AK Party suggests that it should be referred to as the “official language.”

Regarding the unitary structure of the state, the ruling party would like to maintain that structure but wants to transfer some of the powers of the central government to local administrations.

They also want to limit the powers of the president and keep the justice minister as a member of the Supreme Board of Judges and Prosecutors (HSYK).

Not only political immunity but all immunity is planned to be limited.

In addition, the government is suggesting the provision of higher education for everybody irrespective of how they choose to dress, which is in reference to a ban on wearing the headscarf on university campuses, although currently a greatly relaxed version of this ban is being implemented at most schools.

When it comes to the Higher Education Board (YÖK), it will remain, but its powers will be limited to coordination, and rectors will be chosen by the individual university senates.

In regards to the exercise of “sovereignty,” the ruling party is suggesting it be exercised through the executive, the legislature and the judiciary. In the Constitution, Article 6 states that “the Turkish Nation shall exercise its sovereignty through authorized organs as prescribed by the principles laid down in the Constitution.”

Another suggestion by the ruling party relates to making it more difficult to close political parties except in cases where a party is involved in terrorism and violence.

In addition to the principle of the independence of the judiciary, the neutrality of the judiciary should also be stressed, according to the AK Party’s proposals, which also include a suggestion that 100 deputies in the 550-seat Turkish Parliament be elected as “Turkey deputies” to provide fair representation of parties. For example, a party that receives 50 percent of the nationwide vote will have 50 “Turkey deputies,” while a party that receives 1 percent of the vote will receive one “Turkey deputy.” This is expected to help the entry of smaller parties into Parliament.

CHP also demands constitutional change   

The main opposition Republican People’s Party (CHP) has long been defending the 1982 Constitution, saying that since it has been amended many times, it is fine. But as the public has demanded a brand new constitution that would erase the traces of the 1980 military regime, the opposition has listened and has now brought forward their suggestions.

The CHP is opposed to changing the first three unchangeable articles of the Constitution but does suggest other changes such as the removal of YÖK to provide universities with autonomy; restructuring the HSYK and the removal of the justice minister from the HSYK as a member; the removal of the authority to start an investigation against judges and prosecutors from the Justice Ministry and given to the HSYK; changes to the unions law in addition to the law on a right to strike; civil servants being given the right to strike and the right to collective bargaining; the passage of a political ethics law and the clarification of jobs that deputies cannot be engaged in; and the establishment of an ethics committee in Parliament in order to prevent conflict of interest between the deputies and the public.

MHP stands against changing unchangeable articles

The Nationalist Movement Party (MHP) is also against a change to the first three unchangeable articles of the Constitution. The MHP asserts that the Constitution should be a text of societal consensus and should be based on increasing freedoms rather than restricting them. However, it is completely against a discussion over the republic’s main qualities identified in the current Constitution. The MHP is quite strict when it comes to the official language of Turkey and does not accept any other languages officially other than Turkish.

In addition, the MHP suggests that all administrative activities be open to inspection; that deputies’ activities be limited to their parliamentary duties; that election spending be transparent and open to inspection; that political parties should not be closed except in cases where they are found guilty of attempting to destroy the unitary state and/or engaging in terrorism and violence; that the Constitutional Court’s duties and responsibilities be rearranged in line with the principle of separation of powers; that decisions by the Supreme State Council (Yüce Divan) be open to further judicial review; that Supreme Court of Appeals’ judges hear trials where the defendants are former ministers or prime ministers; that when there are charges of corruption against a prime minister or president, those charges be investigated by the chief prosecutor of the Supreme Court of Appeals; that the state guarantee basic education and health services; that the constitution guarantee the right to a higher education irrespective of how people dress; that rules restricting prosecution of public officials be removed; and that YÖK remain but that its duties should be restricted to coordination.

BDP concentrates on democratic autonomy

The pro-Kurdish Peace and Democracy Party (BDP) supports a brand new constitution, and it is not against changes to the first three unchangeable articles of the Constitution.

“The Turkish Republic is an inseparable unitary state which consists of different identities and cultures. Its flag is red with a white crescent and star. It has a national anthem. Its capital is Ankara,” is the statement that the BDP supports.

The BDP also suggests separating Turkey into regions that have their own parliamentary councils. According to the BDP, the regions should be determined according to their geographical and cultural characteristics and the central government should be only concerned with foreign affairs, finance, defense and justice.

The party also suggests a change to Article 42 of the Constitution which says, “No language other than Turkish shall be taught as a mother tongue to Turkish citizens at any institutions of training or education.” The BDP supports education in Turkish and Kurdish.