Deputy Prime Minister and government spokesman Cemil Çiçek presented the constitutional reform package in Ankara on Monday (22 March) morning. Çiçek introduced the draft of 23 articles as a compromise the government has been looking for from the beginning of the process.
The government spokesman emphasized that they are open to the opinions and views of all people, institutions and organizations as long as the draft proposal is being discussed in the parliament and the referring commission. On Tuesday and Wednesday a group formed within the parliament is going to visit political parties that won more than 1 percent in the elections and also trade bodies.
"We are here as members of parliament today. People call it the Constitution Package of the government, but that is not correct. The only authority to amend the constitution is the Turkish Grand National Assembly (TBMM) and the ones to enforce it are the members of parliament".
Çiçek referred to the following main points in the press conference:
Need for a new Constitution: It is common opinion that Turkey needs a new Constitution. The Constitution from 1980 is probably one of the most discussed constitutions in the world.
Partial changes: The Constitution could not be renewed as a whole due to the circumstances in Turkey. We are presenting to the public a partial amendment of the Constitution.
16 amendments: 16 amendments have been made till the present. The current constitution emerged as a reaction [to the military coup in 1980] and thus bears the common flaws of such a reaction.
Current version falls short of present expectations: The provisions were maybe suitable for the circumstances in 1982 [before the first government after the military coup was formed], but they do not meet current needs in Turkey in terms of priorities, philosophy and internal balance. Our current constitution falls short of our time's expectations and demands.
EU or laws? Turkey is negotiating for EU accession. The country is obliged to fulfil acquired EU standards. One of the first steps to accomplish this is to make laws. Will you take the EU standards or the constitution into consideration when you make new laws? If you do not consider the constitution, proceedings will be dismissed; if you consider the constitution, the laws will not comply with EU norms.
This constitution is not fit for the future: This constitution is not the right approach for Turkey in the 21st century. The economy has grown and democracy has changed in every aspect. It is not possible for Turkey to carry on with a constitution that has not been amended.
Constitution under tutelage: As the [ruling] Justice and Development Party it is not our aim to strengthen our political power with the amendments. The aim of the amendments is to establish the sovereignty of the people and the people's power in every sense. It is impossible to establish this sovereignty with a constitution under tutelage.
The constitutional reform package
The constitutional reform package includes 22 articles except the enforcement article. A further three articles are provisional. The draft foresees the amendment of articles10, 20, 23, 41, 53, 69, 74, 84, 94, 125, 128, 129, 144, 145, 146, 147, 148, 149, 156 and 159.
The draft proposal is projected to be enforced on the day it is published and to be approved as a whole in a referendum.
Amendments
The reform package envisages the following amendments:
- The structure of the Constitutional Court shall change. The members are to be elected for the duration of 12 years. A member cannot be re-elected. The court will consist of 19 members. Three members will be from the parliament, 16 members will be appointed by the president.
- The structure of the Supreme Board of Prosecutors and Judges (HSYK) shall change. The Council will have 21 actual members and ten reserve members. Four members will be elected by the president, one by the Constitutional Court, three by the Supreme Court, one by the State Council, seven by judicial and three members by administrative judges and prosecutors. HSYK decisions regarding suspensions from profession can be subject to legal appeals.
- Provisional article 15 shall be lifted. This opens the possibility to prosecute the putschists of the military coup on 12 September 1980.
- High Military Council decisions will be open to judiciary appeals. It will be possible to prosecute military officers at civil courts.
- The right to collective bargaining and associate with trade unions shall be granted to civil servants.
- The closure of political parties shall be obstructed.
Women
Pınar İlkkaracan, President of the Association for New Solutions for Women's Human Rights, demanded to focus on an "actual equality" instead of emphasizing a "positive discrimination". According to human rights defender Ilkkaracan, Turkey experiences a severe setback regarding the national index of gender equality and women see the need for government regulations that are obliged to providing actual gender equality.
Children
Lawyer Seda Akço from the Istanbul Bar Association Children's Rights Centre evaluated the draft amendments in respect to children's needs. "It is not enough to protect a single right of children. The state has to protect the children's right to life, to development and accession as well", Akço argued and criticized the government's approach of not seeing a child as an individual.
LGBTT
Lawyer Fırat Söyle from the IstanbulLambda Lesbian, Gay, Bisexual, Transvestite and Transsexual (LGBTT) organization criticized that the terms sexual orientation and sexual identity have not been added to article 10 on equality. "The AKP once more left the life and rights of LGBTT people to the discretion of judges and prosecutors", Söyle indicated. (BB/BÇ/VK)
