Constitutional Consensus Platform

The Marmara Group Strategic and Social Research Foundation established the “Constitutional Consensus Platform” under its roof in 2007 with the aim of creating answers and opinions to the question “What should a new Constitution be like?” (PLEASE CLICK THE OFFICIAL LINK FOR THE CONTINUATION OF THE NEWS

For nearly four years, academics from the Law Faculties of thirteen universities, representatives of eighteen Civil Society Organizations, Press Institutions, Bar Associations, and Union representatives participating in the Constitutional Consensus Platform meetings have determined the indispensable MAIN PRINCIPLES of the Constitution in line with their joint views. It cannot be expected that a civil society organization alone will sit down and prepare a new Constitution. What is important is that all segments of society agree on the universal and indispensable principles of the 21st century, taking into account Turkey’s sensitivities. After agreeing on the principles, drafting becomes easier. Therefore, the “Constitutional Consensus Working Group,” coordinated by the Marmara Group Foundation, has achieved broad consensus on the indispensable Fundamental Principles of the Constitution and has presented the following text for the attention of society.

Opinions and Recommendations of the Marmara Group Strategic and Social Research Foundation
Regarding the New Constitution
Constitutions consist of supreme legal rules that regulate the fundamental principles and institutions of the state and guarantee the rights of individuals. A democratic constitution is a social contract agreed upon by all major social segments in the country. A constitution created solely based on the views of a particular group, as seen in examples from our recent history, can neither successfully maintain public peace nor be a long-lasting document. For a constitution to fulfill its expected function—that is, for state organs to work harmoniously, for citizens’ rights to be guaranteed, and for internal peace to be maintained—it must be embraced, protected, and exalted by all social segments. No document that citizens do not embrace as “my constitution” can fulfill the functions expected of a constitution.

A constitution that citizens will embrace and that has the nature of a social contract must have certain features both in terms of its preparation method and its content. When we evaluate the new constitution-making process initiated by the government from these perspectives, we consider it our civic duty to underline and inform society of the following points.

Method of Preparing the Constitution

A contemporary constitution that all citizens will embrace and that the rulers will feel unquestionably bound by can only emerge in a free and democratic environment, with the participation of all social segments in the drafting process. One of the most criticized aspects of the 1982 Constitution was that it was prepared in an environment where democracy was suspended and free discussion was absent.

The healthiest way to prepare a democratic constitution is for the constitutional text to be drafted by a Constituent Assembly elected according to a proportional representation system and authorized solely for this purpose. A Constituent Assembly representing all major social segments can produce a constitution text that is a true social contract, free from current political pressures and debates, considering the nation’s future and long-term interests. Such a text, which will be submitted to a public referendum and agreed upon by different segments, requires a reasonable period for free discussion and negotiation methods.

Content of the Constitution

A contemporary constitution that will guide Turkey in the 21st century should be a text that preserves the achievements of the Republic and develops these achievements with new principles and institutions; it should not include regulations that would divert from the goal of pluralistic and libertarian democracy.

Principle of the Rule of Law

One of the most criticized aspects of the 1982 Constitution is that it did not fully ensure judicial independence, which is the fundamental guarantee of the rule of law. The new constitution must strengthen judicial independence as a requirement for the healthy functioning of the separation of powers and democracy. The High Council of Judges and Prosecutors, the most authoritative body in the functioning of the judiciary, and the formation of high judicial bodies have been given a decisive role to the government. When the government uses the appointment authority granted to it, these institutions will inevitably become part of narrow political conflicts. While complaining about the judiciary not being independent enough, there is a danger that the high courts will become institutions entirely dependent on the government. An independent judiciary is the guarantee of democracy and the rule of law. A judiciary dependent on the government is a dangerously regressive step that will end Turkey’s democratization process and completely sever our country from being part of the civilized world.

Principle of Secularism

The principle of secularism is the fundamental guarantee of democracy and diverse lifestyles. Including various rules in the new constitution proposal that would undermine this principle will cause ambiguity on this matter. No problem in Turkey can be solved by compromising secularism. Turkey derives its power and respect in its geography from being a secular and democratic country. Secularism, which is the guarantee of social peace, freedom of belief, and a contemporary social order organized according to reason and science, is one of the most fundamental achievements of the Republic.

Since the War of Independence, Turkish society has raised generations who have transformed the principle of secularism into a way of life. Today’s generations, aware of their rights and responsibilities, are concerned that compromising the principle of secularism would threaten the contemporary way of life and regress Turkey. Debates on the principle of secularism weaken our country, which should direct all its energy toward development, progress, and creating a prosperous society, and delay its achievement of goals.

Principle of Social State

For more than 40 years, Turkey has had constitutional rules assigning the state the duty to provide its citizens with a humane standard of living. The principle of social state and social rights in our constitution are indispensable tools for a dignified and humane standard of living. The social rights included in the current constitution have been implemented at a very insufficient level so far. The globalization process we are in already negatively affects social rights. The new constitution must strengthen social rights by taking this reality into account.

Gender Equality

One of the greatest achievements of the Republic is the steps taken toward gender equality.

Turkish women want to complete the equality and freedom struggle, which gained great momentum with the Republic, and to have equal rights with men in every field. They demand the elimination of gender inequality existing in parliament, municipal councils, the formation of all public bodies, entry into public service, and benefiting from public resources. The equality of women and men in every area of social life, which is a Republic project, is also a moral obligation and a criterion of civilization. The goal of the new constitution should be to immediately realize this project.

Pluralism

Contemporary democracy is pluralistic democracy. In pluralistic democracy, the government is only one of the powers governing the country. In addition to the government, judicial bodies, parliament, autonomous institutions, professional organizations with public institution status, unions, and associations as civil society organizations also directly or indirectly influence the governance of the country. The government is responsible for ensuring the harmonious functioning of all these actors and directing them in accordance with constitutional principles. Turkey must realize the goal of establishing pluralistic-libertarian democracy with all its institutions and rules.

Human Rights

The enjoyment of all human rights by everyone is one of the fundamental characteristics of a contemporary democratic state. One of the most important functions of constitutions is to guarantee the rights and freedoms of citizens. The constitution must guarantee new rights that will protect citizens against new threats to human dignity in the 2000s.

Need for Reform

Turkey needs serious reforms to develop, progress, and walk confidently on the path of contemporary civilization. While it is clear that the current constitution is not a contemporary document that will guide Turkey in the 21st century, it is unacceptable that the new constitution proposal brings no innovation in this regard. Citizens expect the new constitution not only to regulate the functioning of state institutions but also to guide the economic, social, and cultural development of society.

The constitution proposal should expand citizens’ means of seeking rights and address sensitive issues such as limiting parliamentary immunity as in contemporary countries, democratizing political parties by freeing them from leader dominance, ensuring gender equality, and reorganizing the electoral system to ensure justice in representation.

The New Constitution should not include regulations that could endanger the achievements of the Republic, social rights, the principle of the rule of law, judicial independence, secularism, and the harmonious and balanced functioning of state institutions; on the contrary, it should be a contract of peace and assurance.

Respectfully,

MARMARA GROUP STRATEGIC AND SOCIAL RESEARCH FOUNDATION

October 24, 2011