Joint constitution from the opposition

At a presentation he made to his party’s MPs the day before yesterday, Constitutional Professor and CHP Istanbul MP İbrahim Kaboğlu conveyed details of the report compiled in the commission into the new constitution that was established by the Good Party, SP and HDP under the CHP’s leadership following the 16 April referendum. It was noted that the constitutional principles which all the parties had adopted had been formulated in the study titled, “Constitutional common denominators report” which was worked on in January and May 2018. The “guiding” principles of the constitution that it is planned to keep constantly on the agenda in the new legislative period were listed by Kaboğlu as follows:

 -National consciousness must be strengthened: The design of a constitution that is founded in human honour and based on democratic principles must without fail be environmentally focused. Everyone having citizenship ties with the Republic of Turkey is a citizen of this country possessing equal rights. The principle of equality must provide assurances in terms of language, religion, philosophical belief, ethnic identity and sex, must steer clear of exclusionary language and must strengthen consciousness of a nation consisting of free and happy citizens on the basis of equality.

 International standards must be preserved: It should be seen to that personal freedoms are furnished and assured as necessary and fundamental rights and freedoms as a whole, most notably children’s rights, are protected to international standards. It should once more be clearly formulated that fundamental rights are an inviolable essence and there is an absolute limit on restrictions to rights.

 -Respect for all thought that does not promote violence: All thought that does not promote violence, war, racism, crime, animosity and hatred should be accepted with an equal degree of respect and the fact that the freedoms of thought and expression are fundamental principles of democratic systems should be embodied in robust provision.

 -Removal of antiquated regulations: Antiquated regulations that are incompatible with democracy should be removed from the election and political parties laws. The sanction of closure should not be envisaged for parties that do not harbour the aim of abolishing pluralism and have not become the focus of activities characterised as promoting violence, racism, taking up arms or hate speech.

 -Ten per cent threshold should disappear: Antidemocratic obstacles to the rights to vote and stand for election should be eliminated and Turkey should rid itself of the ten per cent electoral threshold that is unprecedented in any democracy. In accordance with the principle of “positive discrimination” and “equality,” the necessary regulations should be conceived of on various levels so as in particular to consolidate women’s strength in politics and management.

 -Legislative immunity must be absolute: The immunity of members of parliament should be preserved; however, this armour that is necessary to enable legislative activity to be conducted without coming under pressure should be afforded democratic dimensions and cease to be the refuge of those who commit crimes. Legislative immunity, however, must be absolute.

 -There should be Constitutional Court access in respect of the Supreme Election Council (SEC): The SEC’s “administrative” and “judicial” functions should be separated and provision made for it as an electoral court in the section of the constitution concerning the judiciary. In this way, application to the Constitutional Court under the remedy of objection to this court and recourse to the remedy of individual application against its decisions should be made available.

 -The president’s powers should be restricted: The parliamentary system which conforms to our tradition of one century should be brought reinvigorated to life with new balancing mechanisms. The president’s duties and powers should be restricted bearing in mind the goal of conformity with the parliamentary system.

 -Local authorities should be strengthened: Central administration and local authorities should be restructured and local authorities should be strengthened in accordance with contemporary democratic criteria. As part of strengthening local authorities, it should be ensured that the contribution they make towards sustainable development is augmented, for example by increasing the support given by regional development agencies.

 -Non-statutory restrictions should be eliminated: By way of grounds for restricting the freedom of press organisations, no grounds for restriction should be included apart from the statutorily defined “breach of confidentiality,” “protecting the rights and freedoms of others,” “preventing the encouragement of crime” and “ensuring that judicial duties are performed.” Freedom of science and the arts and freedom of communication should be delineated under international criteria; the fact should not be overlooked that the existence of scientific and artistic activities in particular depends purely on their freedoms.

 -Equality of opportunity should be formulated: Obstacles to rights and freedoms that are exercised en masse should be removed, and trade union rights should be revisited so as to cover all employees in a way that includes the right to strike. The right to protection against poverty and social exclusion, the right to housing and the right of equality of opportunity and treatment for employees who have family responsibilities should be expressly formulated in the constitution.

 -Provision should be made for the right to a fair trial: Freedoms of faith and worship should be provided in the most comprehensive and libertarian way without discriminating among them. The right to a fair trial must be provided for, not just at the trial stage but before and after, bearing in mind the international treaties to which we are party and human rights law.

 -The judiciary should break off from the executive: Provisions on judges’ professional careers and the structure of the Constitutional Court and Board of Judges and Prosecutors should be revisited. For example, even if it is possible for a portion of their members to be elected by parliament, provision should be made for the election in question to be conducted without fail by “qualified majority” so as to technically prevent them from coming under the ruling party’s domination. The judiciary should break its tie with the executive and it should be precluded from coming under its influence.

 -Education in the mother tongue: The state’s official language is Turkish. Each of the other languages spoken in the country are a historic and cultural heritage that must be afforded special respect and protection. Absolutely no provision that forbids education in the mother tongue must be included in the constitution.

 -Religion lessons must be optional: The “Religious Culture and Morality” course must be provided as an optional course in schools taking account of European Court of Human Rights rulings.

 Muhalefetten ortak anayasa