The charge of "denigrating Turkishness" under article 301 has led to vast criticism in the recent months and some 60 plus court cases launched against journalists, writers and academics. The government was recently told by business and union representatives that the scope of the article was too wide and this led to ambiguity and different interpretations at court.
Turkish Prime Minister Recep Tayyip Erdogan as head of the ruling Justice and Development Party (AKP) government, has held talks with business and union representatives inviting their proposals on the issue while human rights circles are geared up to debate it with Foreign Minister Abdullah Gul.
Representatives of the organizations that founded the Human Rights Mutual Platform (IHOP) , the Human Rights Association (IHD), Association for Human Rights and Solidarity with the Oppressed (Mazlum Der), Helsinki Citizens Association (HYD) and Amnesty International (UAO) Turkey, were hoping to meet with Minister Gul this week to voice their views.
Despite a wide front of suggestions on what to do about the article from making superficial amendments to its wording thus narrowing the scope of the offence to abolishing it altogether, not all ministers are hopeful that such changes can be implemented while there are also concerns that even if it were possible, it might not happen in time for a December summit focusing on the possibility of Turkey's joining the EU.
State Minister and Chief Negotiator Ali Babacan was quoted saying during his recent contacts in Sweden that his government was facing problems in making amendments to article 301 while Justice Minister Cemil Cicek, often issuing statements reflecting the views of the conservative side of the government, has said "even if a concrete proposal comes from the civilian society it is not possible for this to be given priority at parliament, there are [other] laws in line."
Work by unions, trade and workers associations to agree on a multiparty proposal for the Prime Minister on his previous request has still yielded no results but is reportedly at its last leg. Civil society organization representatives came together in capital Ankara for the third time last week.
Present at the meeting at Ankara Sheraton Hotel hosted by the Economic Development Foundation (IKV) were representatives and leaders of the Union of Chambers and Stock Exchanges of Turkey (TOBB), Association of Industrialists and Businessmen of Turkey (TUSIAD), Workers Unions Confederation of Turkey (Turk-Is), Hak Workers Unions Confederation (Hak-Is), Revolutionary Workers Unions Confederation (DISK), Confederation of Employers Unions of Turkey (TISK), Turkish Physicians Union (TTB), Civil Servant Unions Confederation (Memur-Sen) and Public Workers Unions Confederation of Turkey (Kamu-Sen).
Okutcu: Work will be completed in a few days
Following this meeting, IKV chair Davut Okutcu told the Turkish NTV television that he believed the work on a multiparty draft for 301 could be completed "in a few days" noting that "there were a few nuances".
"The organizations related to these felt the need to go over it once more. Hence I believe that after that meeting we will give it its final shape" he said.
Based on the meeting at Okutcu's subsequent statement, it is believed that the joint text to be prepared by the civilian society organizations will be submitted to PM Erdogan in the coming days.
Speaking on the issue before, DISK Secretary General Musa Cam had said they backed the abolishment of 301 altogether but that they observed that under the current circumstances this would not be possible. Where the article cannot be lifted, he said, work was focusing on amending it.
Other organizations that said they favored the article to be abolished were the Public Workers Unions Confederation (KESK), Turkish Engineers and Architects Chambers Union (TMMOB), the Human Rights Foundation of Turkey (TIHV) and the Initiative Against Thought Crime.
Babacan: A very strong civil society support is needed
Despite all the efforts against 301, EU criticism of the article and opponents of it in the country, Minister Babacan is not confident that a change is around the corner.
Speaking on the issue in Sweden, Babacan explained that social democrats inclusive non of the important political parties in Turkey wanted an amendment to article 301. "If the government wants to make any amendment to this article" he said, "they told us openly that they would create difficulties for us on this issue".
Babacan said a very strong civil society support was required to urge and convince the Turkish parliament to amend article 301 adding, "then it would be easier for us to take this issue into hand seriously".
Cicek: 301 can't be priority at parliament
Attending a reception held to celebrate the 23rd year of the Turkish Republic of Northern Cyprus, Minister Cicek was skeptical that any amendment would be in time for the December 14-15 European Union summit. Asked whether it was possible, he answered "I can't say anything like that. There are those who want 301 to be amended, those who want it abolished, those who do not want it touched".
Cicek noted that even if an amendment was to be made to the article, due to its busy agenda the issue could not be prioritized at Parliament.
What is Article 301?
Article 301, on the denigration of "Turkishness", the Republic, and the foundation and institutions of the State, was introduced with the legislative reforms of 1 June 2005 and replaced the controversial Article 159 of the previous penal code. It states that:
"1. Public denigration of Turkishness, the Republic or the Grand National Assembly of Turkey shall be punishable by imprisonment of between six months and three years.
2. Public denigration of the Government of the Republic of Turkey, the judicial institutions of the State, the military or security structures shall be punishable by imprisonment of between six months and two years.
3. In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.
4. Expressions of thought intended to criticize shall not constitute a crime." (EO/II/YE)
