Such a new document needs the involvement of all communities to propel more rights and liberties, and fortify Türkiye’s internal mechanisms, Parliament Speaker Kurtulmuş points out
A new civil constitution must be inclusive of all 85 million people in Türkiye, Parliament Speaker Numan Kurtulmuş said Thursday as the country debates the need to update its fundamental laws implemented after a military coup in 1980.
"Türkiye now needs a constitution that is not the product of a coup d’état, in a way that will shoulder the weight of the upcoming century," Kurtulmuş told a televised interview, meaning the ruling Justice and Development Party’s (AK Party) Century of Türkiye vision that seeks to celebrate the country’s second centenary as a republic through innovation and development.
"The Turkish Parliament must pull the lead for a new constitution that will include all societal factions with the highest possible consensus," Kurtulmuş explained.
Since its founding, the modern Turkish state has been governed under four Constitutions, with the first one being adopted in 1921, changing in 1924 and 1961 before the Constitution of 1982 was implemented. The bloody 1980 coup, which led to the detention of hundreds of thousands of people along with mass trials, torture and executions, still represents a dark period in Turkish political history.
The 1982 document has since overseen many key amendments and been modified to keep up with global and regional geopolitical conjectures. The most recent changes were introduced following the 2017 referendum, including the transition from the parliamentary to the presidential system.
The debate on crafting a new constitution has become more prominent after Türkiye reelected incumbent President Recep Tayyip Erdoğan and his AK Party in last month’s landmark elections. Erdoğan has been pushing to replace the current institution in favor of a "civilian, libertarian and inclusive constitution" when the opportunity arises. In the past month, he has reiterated his promise to do several times.
The proposed changes would focus on the topics of freedom, the right to security, the right to a fair trial, freedom of speech, as well as the rights of women and the disabled. The enhancement of these rights and liberties has seen setbacks in bureaucracy.
The plan has been prepared in accordance with the observations and reports of international mechanisms that monitor human rights in cooperation with several human rights groups.
Some of the other principles are human dignity as the essence of all rights, under the active protection of the law; the equal, impartial and honest provision of public services to everyone. It stipulates the rule of law shall be fortified in all areas as a safeguard for rights and freedoms, and no one may be deprived of liberty due to criticism or expression of thought.
According to Kurtulmuş, such upgrades would facilitate the Century of Türkiye vision as a core element and further fortify internal mechanisms.
"It’s time for a contemporary, participatory and inclusive national constitution," he said. "And Parliament is the place that will bear this initiative."
Stressing the need for the "right political climate" for such a move, Kurtulmuş said it wasn’t enough that only "certain groups or people" want the change and invited all political standpoints, as well as nongovernmental organizations (NGOs) and universities, to participate in the brainstorming process.
"We can find a way to administer it by discussing it together," he said.
In order for a new constitution draft to pass in Parliament, it needs at least 400 lawmakers to ratify it. Anything over 360 votes would pave the way for a referendum, which would allow the people to decide, Kurtulmuş added.
He went on by pointing out that a new constitution would bring with it changes to the parliamentary bylaws, as well, which he said was a "necessity at this point" for the legislative body to function "more effectively."
"Bylaws need a revision, which would make constitutional discussions easier, as well," he noted.
‘Clear stance’ on Sweden
Kurtulmuş further addressed Sweden’s ongoing NATO membership process that still faces a veto from Ankara over several stumbling blocks, but most prominently Stockholm’s stand against terrorist groups.
"President Erdoğan’s stance has been clear from day one," Kurtulmuş remarked. "Sweden and Finland have had different obligations. We have only asked them to stop the operations of terror groups in their country."
Türkiye is not categorically opposed to Sweden’s accession to NATO, he said and pointed to Finland’s admission in March after it fulfilled its commitments under the trilateral memorandum.
Acknowledging the anti-terror law Sweden took into effect on June 1 to tighten punishment for terror-related activities, Kurtulmuş said, "We would like to see it implemented in the field. Is it so hard for Swedish authorities to extradite or deport countless anti-Türkiye terrorists? Türkiye’s demands are concrete and clear. We are waiting for them to act."
New era of opportunities
The parliament speaker also condemned Israel’s "unjust practices" and ongoing occupational policies that negate U.N. resolutions in Palestine.
"Countless Palestinians are being killed every day, millions of others are displaced, cast out of their homeland. The international global architecture has collapsed," Kurtulmuş remarked.
Arguing that a "new era and opportunities" were headed Türkiye’s way, Kurtulmuş said, "We cannot overlook what is happening over there. Our plea that ‘the world is bigger than five’ is to change this situation."