Generals without epaulets

Since when can the further consolidation of prime ministerial power be called an advance for democracy?

By Kıvanç Özcan

Haaretz 15.10.2010

Turkish Prime Minister Recep Tayyip Erdogan was extremely happy on the night of September 12 in the wake of his AKP party’s victory in the constitutional referendum. Fifty-eight percent of the country’s voters gave their approval to the first major reforms in the country’s constitution since a 1980 military coup.

Some Turkish commentators characterized the results as a slap in the face to Turkish fascists, while in some foreign media Erdogan was described as an “Eastern star” and a “hero.” In the prime minister’s view, the referendum results amounted to an affirmation of democracy.

But “one minute!” − to recall Mr. Erdogan’s interjection from Davos, in January 2009, when a moderator tried to cut him off while he responded angrily to Israeli President Shimon Peres.

Since when can the further consolidation of prime ministerial power be called an advance for democracy? In fact September 12 will be remembered as yet one more slap in the face for Turkish democracy − no less devastating than the 1980 coup, though without the violence.
It’s true that the referendum had nothing to do with Israel, but as our regional neighbors, Israelis should be concerned about the ways in which it weakens Turkish democracy.

To begin with, the very process was itself anti-democratic. Citizens could only give a simple, single “yes” or “no” to a list of 26 different articles, most of which were unrelated to each other and were not arranged by theme on the ballot. Surveys revealed that most voters did not know most of the points they were voting on.

Unfortunately, it was the leaders’ personalities in both camps that influenced many people in their voting.

For his part, Erdogan did not hesitate to harshly warn people against a “no” vote, which he implied would be tantamount to supporting future coups d’etat. In effect, he left the public little option but to vote “yes.” As a result of the vote, the executive has increased its control over the judiciary.

Until now, the constitutional court has served as the last effective check on the government, by hearing challenges to the constitutionality of laws. Additionally, the court also hears cases against the president and prime minister. The referendum increases the number of judges in the court from 11 to 17, and gives the president a larger role in their selection. Little surprise, then, that shortly after the vote, Erdogan ‏(who is suspected of having his eye on the presidency‏) and his followers initiated a discussion on the presidential system.

Another supposed democratic measure of the referendum package was a clause that makes it legal for civil servants to enter into collective bargaining agreements. Since they are still denied the right to strike, however, the measure is an empty one. That right is to be discussed later.

The main claim of the government in pushing for a “yes” vote was that the constitutional changes weaken the power of the military in favor of the legislative branch. And in fairness, that’s true. It limits the role of the military judiciary in civilian matters, something that even most opponents of the referendum package agreed with. However, this should not overshadow the fact that Erdogan and his party at the same time have weakened the checks on the legislative and executive branches as well.

Erdogan’s ruling party and its supporters maintain that the vote of September 12, 2010, serves to settle an old account with leaders of the September 12, 1980, military coup. That’s very welcome. But if that’s the case, one might have thought that the reforms would include the abolition of the Council of Higher Education. The council, the central ruling body of Turkish universities, may have been the most significant and tangible “gift” of the coup. Its power, which includes the appointment of university rectors, hangs over our institutions of higher learning like a sword of Damocles. But the council is still with us.

Turkish democracy is hardly a lost cause. But if the Erdogan government is serious, as it says it is, about strengthening democracy, it could start by ending the illegal police wiretaps that are used for surveillance of the government’s political enemies.

Erdogan could also apologize to the Turkish people for unethically pressing them to vote “yes” on the referendum. And as the referendum is a temporary measure, and is supposed to be followed by the drafting of a new constitution, he could include the opposition, such as Kurdish deputies in the parliament, in that process.

Some outsiders have asked whether the referendum strengthens the role of Islam in the state. It doesn’t. But a creeping theocracy is not the only concern of Turkish democrats. The changes dictated by the September 12 referendum increase the powers of the executive and legislative branches over the judiciary, and that weakens the separation of powers.

Democratic maturity necessitates respect for the referendum results. But democratic maturity and responsible citizenship require speaking up as well. The results of the vote may be a victory for Erdogan, but they give the Turkish republic no cause for celebration. The crowds applauding Erdogan and his government were actually cheering a new set of generals − without the epaulets.