Greater power, less restraint: Turkey's new
constitution lets Erdoğan call the shots
Among other changes, the referendum approved by
Turkish citizens on Sunday grants President Erdoğan the power to elect senior
members in his administration and the Supreme Court, do away with the prime
ministership and allow him to remain in power until 2029.
Turkish President Recep Tayyip Erdoğan won a historic
referendum Sunday that will greatly expand the powers of his office,
although opposition parties questioned the outcome and said they would
challenge the results.With nearly all ballots counted, the "yes" vote
stood at 51.41 percent, while the "no" vote was 48.59 percent,
according to the state-run Anadolu Agency. The head of Turkey's electoral board
confirmed the "yes" victory and said final results would be declared
in 11-12 days. Turkey's current constitution was adopted in 1982 after a
military coup two years earlier. The new constitution, approved on Sunday, is
to include 18 changes that will affect the lives of Turkey's 79 million
citizens.
A finger in every judicial, govermental pie
Under the new constitution, the president will have
broader powers for direct election to senior appointments in the
administration, including ministers. In addition, the president will be able to
appoint a number of deputies, and the role of prime minister, who is currently
held by a Binali Yıldırım, will be abolished altogether.
The constitutional changes will also bring about a
real shake-up in the country's judicial system—which Erdoğan accused of being
influenced by the supporters of his former ally and current nemesis Fethullah
Gülen, an Islamic cleric living in the United States.
From now on, the President will elect four members
of the Supreme Council of Justices and Prosecutors (HSYK)—the council from
which judges are appointed in the country and also responsible for removing
judges from office when necessary. Parliament will elect seven additional
council members. Military courts, which have so far led to the conviction of
many officers and had even sentenced former Prime Minister Adnan Menderes to
death after a coup in 1960, will be closed and dismantled.
According to the new constitution, in case of an
"uprising against the homeland" or "acts of violence that
threaten the division of the people," the president himself can impose a
prolonged state of emergency on the entire country. The president can enact a
state of emergency without further approval from the parliament. Such a state
of emergency will up to last six months—in contrast to three months under the
existing constitution—and the parliament can then extend the emergency four
months at a time, as requested by the president.
Turkey has twice expanded the state of emergency
declared after the coup attempt on July 15. The number of members of the
Turkish parliament will be increased from 550 to 600, while the minimum age of
lawmakers will be changed from 25 to 18. Parliamentary elections will be held
every five years—instead of four—and on the day of presidential elections.
Parliament will still have the authority to initiate, amend and remove
legislation. If the president is charged or suspected of a crime, the
parliament will have the authority to request an investigation.
The President must be a Turkish citizen over the
age of 40, and may be a member of a political party. According to the current
constitution, the president must be "impartial" and without any party
affiliation, though Erdoğan's opponents accuse him of total contempt of this
article. According to the constitution, Erdoğan will be able to head the AKP
party he founded. Erdoğan was elected president in August 2014 after more than
a decade as prime minister in the first direct presidential elections in the
country. The constitutional amendment stipulates that the next presidential and
parliamentary elections will be held simultaneously on November 3, 2019. The
victorious president will be given a five-year term and two possible terms. For
this reason, Erdoğan could possibly remain in power for two more terms beyond
the years he has held until now—and thus will remain in charge of the state
until 2029.
A radical change just barely achieved
Although the margin fell short of the sweeping
victory Erdoğan had sought in the landmark referendum, it could nevertheless
cement his hold on power in Turkey and is expected to have a huge effect on the
country's long-term political future and its international relations. The 18
constitutional amendments that will come into effect after the next election,
scheduled for 2019, will abolish the office of the prime minister and hand
sweeping executive powers to the president.
Erdoğan, who first came to power in 2003 as prime
minister, had argued a "Turkish-style" presidential system would
bring stability and prosperity to a country rattled by a failed coup last year
that left more than 200 people dead, and a series of devastating attacks by
ISIS and Kurdish militants.
Erdoğan tells his critics their objections are 'in
vain'
In his first remarks from Istanbul after the vote
count showed the amendments winning approval, Erdoğan struck a conciliatory
tone, thanking all voters no matter how they cast their ballots and calling the
referendum a "historic decision." April 16 is the victory of all who
said 'yes' or 'no,' of the whole 80 million, of the whole of Turkey,"
Erdoğan told reporters in a live televised address.
But he quickly reverted to a more abrasive style
when addressing thousands of flag-waving supporters in Istanbul. "There
are those who are belittling the result. They shouldn't try, it will be in
vain," he said. "It's too late now." Responding to chants from
the crowd to reinstate the death penalty, Erdoğan said he would take up the
issue with the country's political leaders, adding that the question could be
put to another referendum if the political leaders could not agree. He also
took a dig at international critics. During the referendum campaign, Ankara's
relations soured with some European countries, notably Germany and the
Netherlands. Erdoğan branded officials in the two nations as Nazis for not
allowing his ministers to campaign for the expatriate vote there.
"We want other countries and organizations to
show respect to the decision of our people. We expect countries that we accept
as our allies to show more sensitivity to our fight against terrorism," he
said. Opponents had argued the constitutional changes would give too much power
to a man who they say has shown increasingly autocratic tendencies. Opposition
parties complained of a number of irregularities in the voting, and were
particularly incensed by an electoral board decision announced Sunday afternoon
to accept as valid ballots that did not bear the official stamp.
"The Supreme Electoral Board changed rules
mid-game, after the ballot envelopes were opened, in a way contrary to
laws," said Kemal Kılıçdaroğlu, head of the main opposition People's
Republican Party. Earlier, the party's vice chairman, Erdal Aksünger, said it
would challenge between 37 percent and 60 percent of the ballot boxes and
accused Anadolu's results of being inaccurate. But electoral board head Sadi
Güven defended the decision. "There is no question of changing the rules
in the middle of the game," he said. A pro-Kurdish opposition party that
also opposed the constitutional changes said it plans to object to two-thirds
of the ballots.
Given the contested outcome, Fadi Hakura, Turkey
specialist at the London-based think-tank Chatham House, described Erdoğan's
win as a "pyrrhic victory that comes at a huge political cost. The result
will depend on how far the opposition will take their claim of irregularity in
the voting, and what the international reaction will be."
"Erdoğan has claimed victory, but there are
question marks that are being raised," Hakura said. Initial reaction from
abroad was cautious. Three top officials for the European Union—EU Commission
chief Jean-Claude Juncker, EU foreign policy chief Federica Mogherini and
Enlargement Commissioner Johannes Hahn—said in a joint statement they
"take note of the reported results" and were awaiting a report from
international election observers.
Austrian Foreign Minister Sebastian Kurz said the
referendum was bound to complicate further cooperation between Ankara and the
EU. Kurz said on Twitter the result "shows how divided the country is.
Cooperation with #EU will become even more complex." The referendum
campaign was highly divisive and heavily one-sided, with the "yes"
side dominating the airwaves and billboards. Supporters of the "no"
vote have complained of intimidation, including beatings, detentions and
threats. "Erdoğan dominated the national media. He imposed a very
restrictive environment for the 'no' camp. He secured a thin majority of 1
percent," Hakura said. "This suggests that Erdoğan will become more
robust and more challenging to deal with."
More than 55 million people were registered to
vote, while another 1.3 million expatriates cast ballots abroad. The ballots
themselves did not include the referendum question—it was assumed to be
understood. The changes will allow the president to appoint ministers, senior
government officials and half the members of Turkey's highest judicial body, as
well as to issue decrees and declare states of emergency. They set a limit of
two five-year terms for presidents and also allow the president to remain at
the helm of a political party.
Opponents fear the changes will lead to autocratic
one-man rule, ensuring that the 63-year-old Erdoğan , who has been accused of
repressing rights and freedoms, could govern until 2029 with few checks and
balances. In Istanbul, hundreds of demonstrators opposed to the amendments
marched in a central neighborhood late Sunday, clanging pots and pans and
chanting, "This is just the beginning, the struggle will continue." The
vote came as Turkey has been buffeted by problems. Erdoğan survived a coup
attempt last July, which he has blamed on Gülen, who in turn denied
involvement.
A widespread government
crackdown has targeted Gülen followers and other government opponents,
branding them terrorists. A state of emergency has been imposed. About
100,000 people—including judges, teachers, academics, doctors, journalists,
military officials and police—have lost their jobs in the crackdown, and more
than 40,000 have been arrested. Hundreds of media outlets and
non-governmental organizations have been shut down. Turkey has also suffered
renewed violence between Kurdish militants and security forces in the
country's volatile southeast, as well as a string of bombings, some
attributed to ISIS, which is active across the border in Syria. The war in
Syria has led to some 3 million refugees crossing into Turkey. Erdoğan sent
troops into Syria to help opposition Syrian forces clear a border area from
the threat posed by ISIS militants.
|
