Turkish constitutional referendum, 2010
In the constitutional referendum in Turkey on September 12, 2010, the voters voted on a number of changes in force since 1982 constitution of the country. The most comprehensive constitutional reform provided inter alia, the strengthening of gender equality, the empowerment of trade unions and the limitation of the rights of the Turkish military. Was controversial, especially the judicial reform to strengthen the rights of the government and parliament. The opposition rejected the majority from all constitutional amendments and regarded the referendum as a vote on the Prime Minister Recep Tayyip Erdoğan. In the internationally acclaimed referendum finally spoke 57.9 % of the voters for the constitutional amendments.
Initial situation
The currently valid constitution of Turkey was established after the military coup of 1980 by the military government in 1982 and adopted by a referendum. Despite the democratic legitimacy of the Constitution was regarded as " anti-democratic ". After the end of military rule, several constitutional changes were made, so in 2007 a suffrage reform was adopted in a referendum. Further efforts at constitutional reform in 2008 as a result of the dispute over the headscarf ban abandoned, although these were announced by the ruling AKP party in her re-election in 2007. But additional reforms of the European Union have called for during the accession negotiations between Turkey and the European Union.
In early 2010, Prime Minister Erdoğan sought a new constitutional reform, which should include the strengthening of fundamental rights and a change in the party right of judicial reform. The goal was to adapt the Turkish constitution to the standards of European democracy. After the government and the opposition could not agree on a common line on the constitutional reform, were decided by the National Assembly of Turkey on a draft of the conservative Islamic government in April and May 2010, which provided for constitutional amendments in 27 points. The Parliament adopted with the votes of the ACP changes, a two-thirds majority for immediate implementation of the constitutional reform but was missed. Thus, a referendum to confirm the Parliament's decision was necessary. The date of the referendum September 12, 2010 has been set, the 30th anniversary of the military coup.
Controversy
The main opposition party CHP called for constitutional reform to the Constitutional Court of the Republic of Turkey, but reached only the removal of a proposed amendment, which concerned the election of judges. The remaining 26 items were allowed to be put to the vote.
Prime Minister Erdoğan spoke in favor of approval in the referendum. The constitutional reform that Turkey would more democratic. The European Union described the reform proposals as a " step in the right direction."
In contrast, the majority of opposition parties called the nearly 50 million voters on the rejection of the constitutional amendments and considered the referendum as a vote on the Erdoğan government, which wants to stand for re- election in 2011. The Kemalist CHP accused the government of trying to seize power over their country and to endanger the independence of the judiciary. The Kurdish party BDP recommended its supporters to boycott the vote because it sees too little account of the interests of the Kurds.
European -minded liberals like the writer Orhan Pamuk promoted the approval of the comprehensive constitutional changes since 1982, but at the same time urged a fundamental revision of the constitution. Numerous intellectuals, citizens' groups, associations and foundations called for the convening of a non-party Constituent Assembly.
The Turkish judge and former president of the professional association founded in 2006 by the Turkish judges and prosecutors, Emine Ülker Tarhan, the criticism of the opposition parties joined in the constitutional referendum.
Adopted constitutional amendments
Fundamental Rights
The rights of women, children, pensioners and the disabled to be strengthened. The state recognizes a special duty of care to the children over. Public servants will be granted the right to join a union. Both the movement and the protection of personal data is strengthened. Through the establishment of an Ombudsman will provide citizens with a means to defend themselves against an unlawful act and despotism.
Party law
Party bans are difficult. A party ban can not be initiated by the Attorney General's Office, as Abdurrahman Yalçınkaya had tried against the AKP in 2008, but must be done by a committee of Parliament.
Judicial reform
The number of judges to the Constitutional Court will be increased from the current 11 to 17, at the same time whose term of office is limited to twelve years. Three of the judges are to be appointed not by the President but by the Parliament. Also, the High Council of Judges and Prosecutors will be increased from the current 7 to 22 members. The Council shall keep in addition to his previous duties, the work of judges and prosecutors on their legal and legislative compliancy.
Turkish citizens are granted the right to appeal to the Constitutional Court ( right of individual complaint ).
Military affairs
The political immunity for members of the military junta of 1980 is set aside. The rights of the military courts are limited. To top generals may be condemned in civilian courts. Acts against the safety of the state, the constitution and the functioning of the constitutional order of proceedings must be negotiated not by military courts.
Results
Distribution of votes in percent in the 81 provinces.
Turnout.
The outcome of the referendum was still uncertain just before election day. While the government presented survey results that emanated from an agreement of 60 %, were in other surveys, the enemy just ahead.
Of the 49,446,369 registered voters, about 77 % went to a vote. The preliminary results were according to 57.9 % of the votes for the constitutional reform. In about three quarters of all 81 provinces, the constitutional amendments were adopted. Provinces who voted in the negative, are concentrated along the Mediterranean coast and eastern Thrace.
The highest percentage approval came from the province of Agri with 96%. Tunceli is with only 19 % support at the other end. In some Kurdish- populated provinces in the southeast many voters followed the call for a boycott of the BDP. So the turnout in Hakkari at only 7%, in Şırnak at 22 %, in Diyarbakır at 35 %, 40% in Batman and Mardin at 43 %.
Reactions
Prime Minister Erdoğan described the outcome of the referendum as a historic step in which democracy was the winner. Even international observers praised the agreement on constitutional reform. The EU Commissioner for Enlargement Štefan Füle called again the referendum as a step in the right direction and urged the swift implementation of constitutional changes to. Immediately prior to the referendum, the foreign ministers of the EU Member States have criticized the stoppage of accession negotiations with Turkey. For U.S. President Barack Obama's high turnout is a "sign of the vitality of Turkish democracy ".
The opposition has expressed his disappointment over the referendum, but declared to honor the results. Kemal Kılıçdaroğlu, leader of the CHP, criticized the pressure on voters, which was exercised by the government in advance of the vote and reminded the audience that the democratization process would be hampered by a continuation of the confrontational stance of the AKP. The Kurdish party BDP was pleased that her followers had followed the call for non-participation in the referendum.