Turkey’s opposition signed a draft constitution against Erdoğan

Turkey’s six opposition party leaders sign a draft constitution that their coalition agreed upon after a months collaboration with a public event titled “For Tomorrow’s Turkey,” on February 28. The draft constitution grounds the coalition’s proposition to change current Presidential Government System, which came to an effect with 2017 referendum and transitioning into “Strengthened Parliamentary System” that envisions “more democratic Turkey,” in an event that they came to power.

The draft marks a first in Turkish political history as a formation of a coalition by a group of political parties with different political backgrounds announcing their post-election goals.

“We are determined to build a strong, liberal, democratic, fair system in which the separation of powers is established with an effective and participatory legislature, a stable, transparent and accountable executive, an independent and impartial judiciary. We do not aim to go back to the past with the Strengthened Parliamentary System, but to move to a new system in which the deep-rooted state and republican experience of the Republic of Turkey is crowned with democracy,” the introductory text reads.

The event was scheduled on February 28 before Russia’s invasion of Ukraine, it coincided with the days when the crisis turned into war and the government began to restrict the passage of warships to the Black Sea in accordance with Montreux. This situation may have masked its reverberation in the public to some extent, but it did not diminish its importance. However, we saw its traces in the presentation speeches of the draft constitution of democratic Turkey. The deputy leaders of the parties who took part in the commission made the presentation and they started their speech with anti-war expressions, some also reminding Atatürk’s words “Peace at home, peace in the world”.

Will this picture last?

The Sakarya hall of the Bilkent Hotel had previously been hosted other party organizations with the claim of a more democratic Turkey. Among these, we can count the establishments of the ruling Justice and Development Party (AKP) in 2001, the Future Party in 2019 and DEVA in 2020.

Therefore, it can be said that Ali Babacan and Ahmet Davutoğlu, two of the leaders who signed the new Constitution proposal for a more democratic Turkey on February 28, was at the Sakarya Hall for the the fourth time for a new beginning.

Isparta Deputy of İYİ Party Aylin Çakır, who answered my questions in the backstage, said that the 700 guests in the meeting room represented “the Turkey that we have been longing for.” The diversity of guests, from the Human Rights Association to Turkish Industry and Business Association (TÜSİAD), from the Federation of Women’s Associations of Turkey to the Islamic Nur Community, was making people say this. Journalist Tuluhan Tekelioğlu, who undertook the presentation of the meeting, said at the opening that she witnessed the chair deputies have been working in harmony for the last four days. Still, there was a general atmosphere of “I hope it will last” in the hall.

There were also those who asked why the Kurdish-issue focused People’s Democracy Party (HDP) was not invited and why it was not in this coalition.

Gender equality and judicial freedom in the draft

Promises on gender equality and the place of women in society received the most applause by far; especially the part of the draft where promises that human rights and gender equality issues to be added to the national education program starting from the first grade of primary school. Likewise, the parts that envisage more women to be assigned in decision-making mechanisms, including the state and bureaucracy. The all-male commission agreed that a more democratic Turkey could not be built only with men. While promising to prevent international and national legislation against violence against women, the voices of the “Istanbul Convention” were heard from the hall. Turkey recently withdrawn from

The second topic that received much applause was the judicial regulations. I noted that the following promise received the most applause in this regard:

“It shall be ensured that the damage compensations that Turkey must pay due to the judges and prosecutors abusing their powers and leading to the Constitutional Court or the European Court of Human Rights to rule that there has been a violation of rights pass through to the judges and prosecutors who have caused this.”

Likewise, the promise that the obstacles to freedom of thought, expression and press, as well as meeting and demonstration marches would be removed, among the first things they would do if the opposition coalition came to power, were applaused.

People will elect the president

The president will continue to be elected by the people. One commissioner said: “It was a right that was granted by the 2007 referendum. Our objection is to the 2017 referendum, which was imposed under the unfair state of emergency conditions.” The principle that the people’s right to vote cannot be withdrawn is in effect.

However, the presidency is not halted as some parties have expressed, but the president’s powers are highly restricted. For example, the draft abolishes president’s veto power and restricts it to the authority to send back the laws coming from the Grand National Assembly of Turkey. Also, in current constitution, president given an authority to appoint majority of the members of the high judicial offices, this authority is also restricted. In addition, the authority to declare State of Emergency is taken away from the sole decision of President or the Council of Ministers.

The president will be elected for 7 years, and only for one term. Thus, the parliamentary elections and the presidential elections will be separated from each other.

If the president is a party member when they are elected, they will be removed from all party duties. Those who have been president once will not be able to run again. This article means that former presidents Ahmet Necdet Sezer, Abdullah Gül and current President Tayyip Erdoğan, respectively, are not expected to be candidates for President again.

3 percent election threshold may upset Erdoğan

One of the most important articles in the draft constitution is to reduce the electoral threshold from 10 percent to 3 percent; which may also bring votes to the opposition coalition in the 2023 elections.

It is not just because it is much lower than the 7 percent predicted by Erdoğan and Nationalist Movement Party (MHP) leader Devlet Bahçeli. Some conservative voters are prone to vote for the AKP even though the party is not their first choice because they think their vote would tackle to 10 percent threshold. In this case the conservative parties like Saadet, DEVA, Future parties ensure that they pass the threshold. Likewise, left-wing voters who turn to CHP as a second choice may return to their first choice. CHP leader Kemal Kılıçdaroğlu seems to have preferred this, but this move may not fit for Erdoğan.

The promise to divide the Council of Judges and Prosecutors into two and to dismiss the Minister of Justice and ministry bureaucrats as chairman and vice president of these councils; to make the Supreme Judicial Councils open to judicial review (including the Supreme Election Council), and to strengthen the Constitutional Court are important. There is also a promise that the government’s controversial “Multiple Bar Association” system will be abolished.

Eyes on the economic program

Suggestions such as the promise of abolishing the Council of Higher Education (YÖK) and the creation of an inter-university board that will secure scientific, financial and administrative autonomy, introducing transparency rules in the financing of politics and the media, abolishing the interview in public personnel recruitment and introducing the obligation to be held in the register when necessary.

Six opposition leaders seem to agree on the issue of leaving the opposition’s presidential candidate for last.

Even the prediction of the announcement of a presidential candidate after the completion of the program and staffing studies are factors that compel the president to work with a collective authority rather than a personal one in a more democratic Turkey. The opposition coalition does not want a “Second Erdogan”.

The opposition coalition has two tasks ahead of it, which it lacks in its February 28 presentation.

First, and especially what is urgently needed to gain the confidence of undecided voters, is an economics program. These may be necessary for a democratic Turkey, but economic problem is a burning issue and people are looking for concrete solutions. The opposition “Everything will be fine” slogan can turn into the discourse “If there is anyone who can solve it is Erdogan” as long as opposition cannot give an answer “How?”

The other is the roadmap for what kind of transition process they envision if they come to power.

This is how the “Turkey that is longed for” view can be developed and maintained.

For the detailed program click here

Note:

• The members of the constitution writing commission consisted of the following vice presidents: Muharrem Erkek (CHP), Bahadır Erdem (İYİ Party), Mustafa Yeneroğlu (DEVA Party), Bülent Şahinalp (Democrat Party), Ayhan Sefer Üstün (Future Party), Bülent Kaya (Saadet Party).