Hatimoğulları: Constitutional reform is not our main priority

Tülay Hatimoğulları said that their focus is not on constitutional changes and emphasized that their primary goal is to advance steps toward democratization.

The co-chair of the Peoples’ Equality and Democracy Party (DEM Party), Tülay Hatimoğulları, spoke to ANF and shared her views on the ongoing political developments and the current debate over constitutional reform.

Tülay Hatimoğulları described the process that has been unfolding since October as one of the most significant opportunities for peace in the last hundred years of Turkey’s history. She emphasized that this opportunity demands serious and determined effort.

Hatimoğulları also noted that the most critical responsibility for securing peace lies with the parliament and made it clear that constitutional reform is not among their immediate priorities.

This matter must be resolved in parliament

Tülay Hatimoğulları began by emphasizing the significance of the current process and offered remarks on the parliamentary commission recently proposed by Nationalist Movement Party (MHP) Chairperson Devlet Bahçeli: “The call made by Abdullah Öcalan, followed immediately by the PKK’s dissolution congress, and the transformation process that is now underway, holds truly historic importance for Turkey. In the context of the past hundred years of the Republic, this is without doubt one of the most crucial opportunities for peace that has ever emerged.

For that reason, it is vital that those within the ruling bloc, the state itself, the opposition, and all social forces approach this process with that awareness. Because when such opportunities appear in history, if we do not seriously reflect on how to transform them into something positive, if we do not dedicate ourselves to them, it becomes impossible to build lasting peace.

In this context, the process launched by Mr. Devlet Bahçeli since 1 October, and the messages he has conveyed in his party’s group speeches, have indicated a willingness to work toward a solution. Most recently, he proposed the establishment of a parliamentary commission. In fact, Mr. Öcalan himself had raised this idea during the first meeting that took place after more than four years. At that time, he said clearly, ‘A commission must be established.’

We attach great importance to the creation of such a commission. What will its structure be? How will decisions be made? Will it be a commission that has real decision-making authority? These are essential details that must be discussed. They are matters of great importance.

But ultimately, the main point is this: Parliament must officially take on the responsibility in this process. The formation of a commission is therefore extremely significant. The position of Mr. Öcalan, of our party, and of democratic politics and the broader opposition is clear: This matter must be resolved in parliament. Peace must be achieved through parliament. We consider the formation of this commission to be very important. In our most recent round of visits to political parties, we made this a central item on the agenda. We first visited opposition parties. In the coming days, within the next week, we will visit the parties within the ruling bloc and share our views on this matter in detail with them.”

Constitutional reform is not our top priority at this stage

Hatimoğulları also shared her party’s stance on the ongoing debate over constitutional reform, a topic frequently raised in Turkey’s political agenda. She emphasized that there are more urgent steps to be taken before any meaningful discussion on drafting a new constitution can take place: “There are concrete steps that must be taken for this process to move forward. We constantly highlight these steps, and we will not hesitate to keep repeating them until they are realized. Some may call this a form of path-clearing, others a gesture of goodwill, and some may refer to it as urgent human rights measures. However we define it, they all amount to the same thing.

For us, the first and most critical step is to immediately create the conditions under which Mr. Öcalan can engage in dialogue with all parties. This is essential. He will be the one leading and advancing this process. Therefore, he must be able to meet with intellectuals, writers, journalists, academics, and legal experts not only within Turkey but also from the Middle East, Europe, and Latin America. The starting point must be here.

We often raise this point. Look at the issue of seriously ill prisoners and those whose sentences have been arbitrarily extended. When the COVID-19 law was passed, you’ll recall it excluded the so-called 'terrorism' section. What was meant here were political prisoners. Including political prisoners under the scope of a general release is one of our most urgent priorities in terms of a new penal execution law.

In fact, we expected the new execution law to be brought to parliament before the holiday. Many of the steps I just outlined do not even require new legislation, excluding the COVID-19 law. These are basic decisions that fall under the scope of fundamental human rights and freedoms.”

She added: “Another very important matter is the implementation of rulings by the European Court of Human Rights (ECHR) and the Constitutional Court. For instance, if the ECHR rulings were implemented immediately, all the defendants in the Kobanê case, including dear Selahattin Demirtaş and Figen Yüksekdağ, would be released. Likewise, Osman Kavala, currently imprisoned for the Gezi protests, and Can Atalay, an MP from the Workers’ Party of Turkey (TİP), would be released along with all others in their respective cases. There is no need for a new law here. The problem is that the decisions already issued are not being enforced, which is a direct violation of the international conventions that Turkey is a signatory to.

All of this must be implemented immediately. Let me reiterate: the penal execution law is extremely important to us, and we hope it will be brought to parliament before the holiday. It is an issue that must be addressed without delay.

Next, if we ask what other steps must follow, a radical and comprehensive reform of the Anti-Terror Law is absolutely necessary. What is our greatest challenge in democratic politics today? It is this: in Turkey, every word of opposition is immediately linked to terrorism and used as a basis to prosecute. This is not acceptable.

In an atmosphere where weapons fall silent and peace is being discussed, where the democratic resolution of the Kurdish question is on the table, democratic politics, as Mr. Öcalan once told us, means ‘the art of fully opening the mouth of freedom.’ That is how he phrased it when we visited him. Democracy, just like the concept of freedom, means being able to speak fully and openly. Otherwise, we cannot speak of democracy or democratic politics. Therefore, the Anti-Terror Law must be fundamentally revised.

One of the most fundamental changes needed, which is partly a constitutional issue, is the definition of equal citizenship rights. Turkey is home to people from seventy-two ethnic backgrounds. We have diverse peoples and faiths; we speak different languages, practice different traditions, religions, and beliefs. We must create a definition of equal citizenship that unites all 86 million people of this country. It must be based on equality and clarity.

From here, I would like to turn to the topic of the constitution. At this point, constitutional reform is not our top priority. It is crucial that the preliminary issues I have discussed be addressed first. In previous debates on constitutional reform, we always emphasized the need to clear the way first.

For example, consider the practice of appointing trustees to municipalities. The trustee law was introduced during the state of emergency and is unconstitutional. While this law is still in effect, and while trustees have been appointed to ten of our DEM Party municipalities, how can we talk about a democratic constitution? For instance, in Istanbul, Mayor Ekrem Imamoğlu has been subjected to detention and prosecution, and daily operations are carried out against him and his administration.

These actions against elected officials must end immediately. Unless mayors and co-mayors who have been removed from office are reinstated, unless the judicial harassment of elected officials is halted, there can be no discussion of a legitimate constitutional process. The trustee law must be repealed. Elected officials must be returned to their positions, and ongoing trials must be dropped. If we can make progress on all these fronts, then and only then, can we begin to talk about drafting a new constitution.

We are a party that has consistently expressed the need for a democratic constitution. We are also the ones most affected by the current one. We are those most frequently arrested, imprisoned, tortured, and subjected to violence. That is why, more than anyone else, we need a new, democratic constitution.

The 1982 military constitution no longer meets the needs of Turkey. Once the right conditions are in place, and once the political landscape has matured, we believe that a democratic constitution can be drafted, one that emerges from a broad consensus. Such a constitution must include both the opposition and the government, as well as civil society and all segments of the public, through collective dialogue and consultation.’’

A Turkey that secures peace at home can help achieve it in the Middle East

In her address to the Socialist International, DEM Party Co-Chair Tülay Hatimoğulları criticized the Syrian government’s failure to act responsibly. When asked whether certain recent developments in Syria might influence the current process in Turkey, she responded: “Since the change in the Damascus administration, developments in Syria have taken a very different course. Yes, on the one hand, the autonomous administration in North and East Syria continues its work and existence. But on the other hand, there have been horrific massacres committed under the watch, and even with the knowledge, of the Damascus government by the group led by Ahmed al-Sharaa (Al-Jolani).

I want to particularly emphasize once again the massacre of Arab Alawites that occurred there. I also want to underline the massacres committed against Druze and Christian communities. Just a few days ago, the Middle East and North Africa Women’s Coalition (NADA) held a conference. We had the chance to meet with women from Syria during that event. The figures they shared with us about the massacres were shockingly high.

Up to this day, the women of Rojava have led a historic revolution. Their struggle has offered a model for the entire Middle East. Rojava’s women have taken critical steps, both symbolically and in practice, in becoming active political subjects, leading the fight and shaping the political landscape.

Therefore, for the future, I want to state this clearly: Syria urgently needs a democratic constitution. And this democratic constitution must be shaped through the social consensus already established in Rojava’s model of self-governance. A secular, women-centered structure in which all identities and differences can express themselves would provide an important precedent for the rest of Syria.

But has the current Damascus government shown any capacity or willingness to support such a vision? Unfortunately, it has not. It has failed to pass this test. Still, we hope that in the near future, we will be dealing with a Syria that is capable of doing so.”

When asked how the process in Syria might affect Turkey, and vice versa, Hatimoğulları said: “I have no doubt that if the peace process in Turkey advances correctly and rapidly, it will have a profoundly positive impact not only on Syria but also on the four parts of Kurdistan, and more broadly, on Iraq and Iran as well.

Turkey’s role in the region is already significant, but its influence in Syria is especially crucial. If we succeed in building lasting peace in Turkey, if the Turkish state and the Kurdish people can come together under the rule of law, then similar peace efforts can succeed in Syria as well.

That is why we keep emphasizing this: The burden that has made Turkey sluggish and heavy in international politics has always been the Kurdish question. If Turkey is now saying, ‘I want to be free from this burden, and I want to adopt a foreign policy that benefits all 86 million of my citizens,’ then it must take concrete steps toward resolving the Kurdish issue.

The legal reforms we spoke of at the beginning must be carried out swiftly. In addition, Turkey could support the spread of the self-administration model in North and East Syria, which has already become a guarantor of democratic progress, across all of Syria. And I state this very clearly: a Turkey that resolves the Kurdish question can become a leading force for peace, not only in Syria, Iraq, and Iran, but across the entire Middle East.

Let me conclude by saying this: a Turkey that has resolved the Kurdish question will be taken seriously when it tells Israel, ‘Stop killing the people of Gaza, let us pursue peace.’ It would be the same in Yemen, and everywhere else.

Therefore, if Turkey makes progress on this issue and takes democratic steps, I am confident that it will contribute positively to the wider region, especially in an environment where conflict, war propaganda, and instability dominate the atmosphere.

We demand peace in Turkey because we believe it will serve peace in the region as well. That is why we stand firmly behind this demand, and we are committed to continuing this struggle.”