The Future of the New Constitution

The new constitution cannot and will not meet all demands of political parties. Everyone, each party will have to take a step back. We should be ready for this.

The Constitutional Reconciliation Commission had begun to take opinions on October 19, 2011. It completed this stage on the 30th of April and entered into the most critical and challenging stage of the constitution-making process: the drafting stage.

According to the Press, the Constitutional Reconciliation Commission—which was divided into three sub-commissions—has listened to the opinions of 14 political parties, 21 universities, 39 occupational organizations and trade unions and 79 associations, foundations and platforms. Besides, the Commission with the help of its 3 sub-commissions each consisting of 4 members compiled and classified an 18 thousand-page proposed text and opinions of 25,440 people who wrote on the official website of the Parliament. Now the Commission is expected to determine the principles of the new constitution in line with above-mentioned opinions and proposals and to prepare a draft text accordingly. In the third stage, the draft text will be announced and discussed and in the final stage the Commission is expected to prepare a joint proposal and submit it to the Parliament.

The significance of what has been done to date

First of all, one must note that the Commission—where four political parties with groups in a highly representative parliament reconciled and came together—marked an unprecedented success and has acquitted itself well in this crucial process. The Commission gave almost everyone including disadvantageous groups—who did not seize any opportunity to express their problems, opinions and expectations—a chance to voice their demands regarding the new constitution. Moreover, the Commission has tolerantly listened to the opinions considered as taboos which would provoke harsh reactions when expressed in a different place and at a different time. This process is meaningful and significant for the constitution and democracy in that it enabled everyone to voice their demands and it paved the way for the discussion of various issues which are considered undiscussable. In brief, Turkey gained a fruitful experience in the new constitution-making process. On the other hand, this process has significantly raised hopes and expectations for the new constitution. Turkey no longer discusses the need for a new constitution. Now Turkey asks how the new constitution will be. In a period when 12 September coup d’état is questioned and coup leaders stand trial, Turkey cannot continue to adopt the 12 September Constitution. It is impossible to give up the new constitution-making process when Turkey has made such improvement for the new constitution and similarly it would also be a great shame. While those who carried out the coup stand trial, none of the political parties would disgrace itself by supporting their constitution. Therefore, all parties adhere to the new constitution and they constantly underline that they will not “leave the table.”

What will/should be next?

The Parliament has assumed a new responsibility since the 1st of May and political parties are now obliged to meet the demands and expectations of people and fulfill their responsibilities. The Commission will of course base its own studies on a series of principles. It will first focus on methods before dealing with contents. However a great responsibility for the success of upcoming process falls on the shoulders of not only the Commission but also everyone notably political leaders and the media. For instance, the Commission may begin to deal with reconcilable issues and postpone controversial ones. But even reconcilable issues may provoke heated controversies and disaccord among people. If we want the new constitution to be a social contract that guarantees rights and freedoms of everyone—that is to say, if we want a constitution for all citizens—then we should take these controversies naturally. More importantly

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