This week Türkiye remembered the coup that restructured the state system, fettered democracy and dissolved Parliament as well as the government 43 years ago. Following the Sept. 12 coup, the Turkish people woke up to a morning with tanks rolling on the streets and a process that would be marked by mass detentions and death sentences.
The coup was recalled at the Ulucanlar Prison Museum in the capital Ankara, which witnessed the death sentence of several figures and has thus gained symbolic importance. This symbolic place was used this year to convey a message of “change” as Türkiye marks its 100th anniversary. The president, high-level officials, academicians as well as members of the press gathered to speak about the need to get rid of the 1982 Constitution drafted after the coup and replace it with a new one that would answer the needs of the day in a changing international order and changing Türkiye.
In contrast to common coups in the Middle Eastern region, the military cadres that seized power in Türkiye, which had a tradition of coups in its history, do not tend to stay but gave way to new cadres. Even so, the institutions, influence and norms they put in place continue to overshadow the future. This is also the case for the current 1982 Constitution, which bears the traces of the coup’s mindset. The Constitution was prepared briskly and left damages difficult to repair in the Turkish system. On rights and liberties, it was much more austere than the previous Constitution.
The debate on crafting a new constitution has been on the agenda of the ruling party for a long period but has become more prominent after Türkiye reelected President Recep Tayyip Erdoğan and his Justice and Development Party (AK Party) in May. The debate also comes years after landmark constitutional amendments that changed the country’s decades-old parliamentary system into an executive presidency in 2017. Apart from the 2017 change, the 1982 document has since overseen many other key amendments and been modified to keep up with global and regional geopolitical conjectures; yet, this has led the Constitution to turn into a “patchwork,” leading to several clauses to be incompatible and inharmonious with one another.
“We aim for a constitution that prioritizes people, reflects the diversity and richness of the nation, adds dynamism to society, not lags behind it,” the president said.
Calling out to all political parties, Erdoğan continued, “Let's talk, discuss, negotiate to find the most ideal constitutional text.” He said that his party would talk and meet with all groups in Parliament. “If they approach this positively, we will continue on our way. As the People's Alliance, we are ready for this,” he added, thereby indicating that Parliament’s upcoming agenda as of Oct.1 would be discussions on a potential new constitution.
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. Lacking the necessary number of seats, the AK Party will aim to create a ground for reconciliation in the upcoming period. Even with the support of conservative parties and those that are led by former AK Party officials, the number does not suffice to enact without holding a referendum.
In the current international and national context, as the country enters a new period with the "Century of Türkiye," a new constitution has to convey its new vision and get rid of the ideological traces of its predecessor. In fact, all circles in Türkiye agree on the need for a new constitution, however, what has been lacking is a will to take action. The AK Party’s initiative and push in this regard might be the catalyst Türkiye had been waiting for.
The proposed changes 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 that have prevented these rights and liberties from being properly implemented.
Some of the other principles of the plan 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; the fortification of the rule of law in all areas as a safeguard for rights and freedoms, and the protection of freedom of speech.
However, the focus is not only on the content of the envisioned “democratic, pluralist and libertarian” constitution but also on the manner and process in which it is written based on these principles. On that account, the AK Party will work together with civil society, academicians and human rights groups as well as political parties in Parliament.
The country’s previous constitutions have been drafted on the level of the state solely as a result of major national incidents such as the War of Independence or coups, lacking the participation of and negotiation with the people, civilian institutions and even political parties.
Türkiye needs to overcome the mentality established by the current constitutional order, ask questions about the future and have common answers while transforming these answers into the basis of the new constitution.
