Beştaş: Constitutional Commission reached no consensus on primary issues
Beştaş: Constitutional Commission reached no consensus on primary issues
Beştaş: Constitutional Commission reached no consensus on primary issues
Peace and Democracy (BDP) vice co-chair Meral Danış Beştaş has been working on the commission charged with discussing the new Constitution since May 2011.
The commission, called Constitutional Reconciliation Commission, have been quite slow in its deliveries. Clearly so, as to redefine and rewrite the country's main document means to shape a new Turkey to a large extent. The changes must be agreed by consensus and since the very beginning of the Charter things have proved quite difficult.
The commission begun working in October 2011 and so far has reached consensus on 59 articles, while 113 articles of the new constitution have been written but with reservations.
So far, the preamble (i.e. the first three articles of the current constitution), the fourth article (which bans amendments to the first three articles), Article 65 (concerning the definition of citizenship) and Article 42 (concerning Right and Duty of Training and Education) have yet to be touched. And indeed these are the key articles for any reshaping of the country, starting with the acknowledgement of more than one nation leaving in the country.
Among those shaping articles consensus has so far being reached on the first article of the Constitution: "The Turkish state is a republic".
After that it has been a uphill road.
There have been other issues addressed and for which consensus has been reached. For example the recognition of all under 18 years old to be "children". Likewise some weeks back consensus has been reached over "equality" issues.
In the new constitution the “ban on the discrimination” against homosexual people will issued in the articles related to “equality”. Opposition parties CHP and BDP were advocating to include the word “sexual orientation”, but the expression was objected by the governing AKP party. The commission reached a consensus to add the word “sexual orientation” in the detailed versions of the article. In addition, the following phrase has been added to the article: “The discrimination ban towards sexual orientation and sexual identity will be included in the detailed articles.”
Consensus has been reached on the “quota for women” issue. The following addendum has been placed to the original detailed article: “In order to establish equality between men and women in all aspects of the society, the government institutions pledge to cooperate with NGOs, especially with women organizations.”
Meral Danış Beştaş has detailed in an interview with DIHA News Agency the issues she thinks need to be addressed in a more appropriate and comprehensive way by the commission.
"In consideration of the constitutions of 1924, 1961 and 1982, it is obvious that there is a need for more radical changes in the new constitution that should be completely different from the earlier ones. The CHP and MHP are however standing behind to take radical steps, displaying an attitude siding with constitutional amendments rather than forming a new constitution. In this respect, it is difficult for us to say that we have seen the practice of the steps we desired", Beştaş said.
Beştaş, underlining that the commission has reached no consensus on basic issues such as equality, freedoms and rights, remarked that the new constitution should present a new perspective towards decentralization, equality, recognition of different beliefs, identities and languages which -she said- constituted the paradigm of the constitution.
Beştaş pointed out that the constitution should primarily come up with a solution to the Kurdish question, adding that it would never be a democratic one unless it meets the demands of the Kurdish people.
Evaluating the present constitution as the most pro-Turkish and monist one of the 21 constitutions issued since the foundation of the Turkish Republic, Beştaş noted that the new constitution should on the contrary recognize the rights of all identities in Turkey and provide a constitutional assurance for all of them. Beştaş said that their party didn't defend the formation of a nation-state and underlined that they demanded a constitution defending democratic autonomy and local governances siding with a democratic, gender-egalitarian and ecological paradigm.
Describing the demand for mother tongue education as a vital issue for Kurds, Beştaş said that the constitution should also promise to recognize Kurdish people's right to use their mother language in all areas of life.
BDP vice co-chair added that the constitutional draft of the BDP was based on gender equality as well as the recognition of women's and children's rights, environmental rights and different beliefs.