Discussions on the constitution in Turkey and Northern Kurdistan
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The constitution of a state is its basic law that organises and determines the life of society and of the state and determines who has the power and how it is used. Since the foundation of the Turkish state there have been 4 constitutions. The Constitutions of 1921 and 1924, during the foundation years, contained the principles of the “union of the forces” that collected the power of legislature, executive and judiciary at a central point and the constitutions did not even put on their bourgeois democratic mask but declared open dictatorship. Although the Constitutions of 1961 and 1982 contained the principle of the “separation of powers”, they had been prepared by the junta after the military coups and used by the putschists who seized the power of the regime to defend their hegemony. The Constitution of 1982, which had been introduced after the military coup on September 12 1980, strengthened the military quality of the political power and made sure that with the help of the MGK (National Security Council) the army kept the power. With article 15 that contained the ruling “During war, the mobilisation of troops, state of emergency or extraordinary situation, the use of basic rights and freedoms could be cancelled or limited to the extent required by the situation considering to fulfil the obligations on the basis of the international rights or actions taken that oppose the rights defined in the constitution”, they created themselves indefeasibility. On the agenda of the fascist dictatorship in Turkey and Northern Kurdistan were mainly discussions on a “civilian constitution” in recent time. The draft constitution that the AKP government had on its agenda before the elections of July 22, prepared within short time on the basis of the courage it got from the victory of the elections, and that consists of 138 paragraphs is discussed point by point and has not been published as a whole to publicity. The different wings of the bourgeoisie are now in a deep fight with each other aiming at establishing a constitution desired by them. The AKP government won the clique fight it had started in the first half of this year due to the presidential elections on July 22 against the army- CHP - MHP wing of the regime. Together with the courage it got from the defeat of the army front it elected its second man Abdullah Gul as president. With the “civilian constitution” that followed, the AKP government tries to limit the army`s posts and its sphere of acting as well as aims at reducing the military quality of the regime. By this, the AKP does not only want to become the government but at the same time the power. The presidential elections and the discussions on the “civilian constitution” are at the same time actions of the AKP to become the power. TUSIAD had supported most of the steps of the AKP until now as they were of advantage for its own program. Instead of the current constitution that defends the military quality of the regime, mainly TUSIAD as well as other groups of the bourgeoisie have already demanded before a “civilian constitution” that would have been established according to the new situation of the inner forces` relations. This strengthens the role of the bourgeois parliament and limits the army`s hegemony area. The AKP tries to expand its sphere of acting by supporting these demands. However, when these groups also critisized the constitution that it had prepared, it became obvious that the AKP has not an easy job. The army-CHP-MHP groups that could be defined as the fascist dictatorship`s status quo wing, join the discussions on the constitution on the basis of the “headscarf” question. It seems that the main actor in this discussion is YOK (Council of Higher Education). While YOK, which is a product of the fascist constitution of 1982, has been taken action against the constitution prepared on the basis of the headscarf question, it also fulfils its duties it has towards the army as well as tries to defend its own post. Some parts of the bourgeoisie, however, and with the help of some academicians and the media, try to spread the fear that the new constitution will be of islamic contents by mentioning topics such as “we will become Malaysia” and “pressure by the street”. However, the army, the main opponent to the “civilian constitution”, is being quiet for the moment. It seems that it did not take any lesson from the July 22 elections so that it does not interfere directly to the discussions but, as it is obvious, that it is busy to prepare its pre-condition. The army plans to get on the stage as the liberator. This is why it will make the “civil society” organisations which follow its line go on the street when time has come. The participation of the bourgeois left-wing liberal groups in the discussions on the constitution using words such as “civilian, democratic, in favour of people and liberal” it is aimed at making the social opposition a power that will be organised in the ranks of the bourgeois system. As each constitution is a basic law to defend the current system, the constitution that the AKP tries to create in its search for collaboration will have the contents to defend the Turkish bourgeois system and its fascist character. The discussion that is discussed will not have a contents that guarantees the rights and freedoms of the working class and labourers but the rights of the bourgeoisie. The main demands of the working class and labourers in Turkey and Northern Kurdistan are the cancellation of the current constitution that is a product of the coup of 1980, the liquidation of the fascist National Security Council and the achievement of political freedoms. The communists join this struggle as the vanguard of the working class in the first rank and defend this demand with the perspective of socialism. In view of the discussions on the “civilian constitution” that has no other meaning than the conflict which bourgeois clique will have the power, the working class and labourers try to enlarge the flame for the struggle of the revolution that will smash the bourgeois dictatorship and instead create the democratic dictatorship of the working class and labourers.

 

 

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Discussions on the constitution in Turkey and Northern Kurdistan
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The constitution of a state is its basic law that organises and determines the life of society and of the state and determines who has the power and how it is used. Since the foundation of the Turkish state there have been 4 constitutions. The Constitutions of 1921 and 1924, during the foundation years, contained the principles of the “union of the forces” that collected the power of legislature, executive and judiciary at a central point and the constitutions did not even put on their bourgeois democratic mask but declared open dictatorship. Although the Constitutions of 1961 and 1982 contained the principle of the “separation of powers”, they had been prepared by the junta after the military coups and used by the putschists who seized the power of the regime to defend their hegemony. The Constitution of 1982, which had been introduced after the military coup on September 12 1980, strengthened the military quality of the political power and made sure that with the help of the MGK (National Security Council) the army kept the power. With article 15 that contained the ruling “During war, the mobilisation of troops, state of emergency or extraordinary situation, the use of basic rights and freedoms could be cancelled or limited to the extent required by the situation considering to fulfil the obligations on the basis of the international rights or actions taken that oppose the rights defined in the constitution”, they created themselves indefeasibility. On the agenda of the fascist dictatorship in Turkey and Northern Kurdistan were mainly discussions on a “civilian constitution” in recent time. The draft constitution that the AKP government had on its agenda before the elections of July 22, prepared within short time on the basis of the courage it got from the victory of the elections, and that consists of 138 paragraphs is discussed point by point and has not been published as a whole to publicity. The different wings of the bourgeoisie are now in a deep fight with each other aiming at establishing a constitution desired by them. The AKP government won the clique fight it had started in the first half of this year due to the presidential elections on July 22 against the army- CHP - MHP wing of the regime. Together with the courage it got from the defeat of the army front it elected its second man Abdullah Gul as president. With the “civilian constitution” that followed, the AKP government tries to limit the army`s posts and its sphere of acting as well as aims at reducing the military quality of the regime. By this, the AKP does not only want to become the government but at the same time the power. The presidential elections and the discussions on the “civilian constitution” are at the same time actions of the AKP to become the power. TUSIAD had supported most of the steps of the AKP until now as they were of advantage for its own program. Instead of the current constitution that defends the military quality of the regime, mainly TUSIAD as well as other groups of the bourgeoisie have already demanded before a “civilian constitution” that would have been established according to the new situation of the inner forces` relations. This strengthens the role of the bourgeois parliament and limits the army`s hegemony area. The AKP tries to expand its sphere of acting by supporting these demands. However, when these groups also critisized the constitution that it had prepared, it became obvious that the AKP has not an easy job. The army-CHP-MHP groups that could be defined as the fascist dictatorship`s status quo wing, join the discussions on the constitution on the basis of the “headscarf” question. It seems that the main actor in this discussion is YOK (Council of Higher Education). While YOK, which is a product of the fascist constitution of 1982, has been taken action against the constitution prepared on the basis of the headscarf question, it also fulfils its duties it has towards the army as well as tries to defend its own post. Some parts of the bourgeoisie, however, and with the help of some academicians and the media, try to spread the fear that the new constitution will be of islamic contents by mentioning topics such as “we will become Malaysia” and “pressure by the street”. However, the army, the main opponent to the “civilian constitution”, is being quiet for the moment. It seems that it did not take any lesson from the July 22 elections so that it does not interfere directly to the discussions but, as it is obvious, that it is busy to prepare its pre-condition. The army plans to get on the stage as the liberator. This is why it will make the “civil society” organisations which follow its line go on the street when time has come. The participation of the bourgeois left-wing liberal groups in the discussions on the constitution using words such as “civilian, democratic, in favour of people and liberal” it is aimed at making the social opposition a power that will be organised in the ranks of the bourgeois system. As each constitution is a basic law to defend the current system, the constitution that the AKP tries to create in its search for collaboration will have the contents to defend the Turkish bourgeois system and its fascist character. The discussion that is discussed will not have a contents that guarantees the rights and freedoms of the working class and labourers but the rights of the bourgeoisie. The main demands of the working class and labourers in Turkey and Northern Kurdistan are the cancellation of the current constitution that is a product of the coup of 1980, the liquidation of the fascist National Security Council and the achievement of political freedoms. The communists join this struggle as the vanguard of the working class in the first rank and defend this demand with the perspective of socialism. In view of the discussions on the “civilian constitution” that has no other meaning than the conflict which bourgeois clique will have the power, the working class and labourers try to enlarge the flame for the struggle of the revolution that will smash the bourgeois dictatorship and instead create the democratic dictatorship of the working class and labourers.