Identifier
Created
Classification
Origin
07ANKARA2414
2007-09-26 13:28:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

TURKEY: HEADSCARF BAN DOMINATES INITIAL DEBATE

Tags:  PGOV PHUM TU 
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C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 002414 

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/20/2017
TAGS: PGOV PHUM TU
SUBJECT: TURKEY: HEADSCARF BAN DOMINATES INITIAL DEBATE
OVER CONSTITUTIONAL REVISIONS

Classified By: POLITICAL COUNSELOR Janice Weiner FOR REASONS 1.4(b),(d)

C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 002414

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/20/2017
TAGS: PGOV PHUM TU
SUBJECT: TURKEY: HEADSCARF BAN DOMINATES INITIAL DEBATE
OVER CONSTITUTIONAL REVISIONS

Classified By: POLITICAL COUNSELOR Janice Weiner FOR REASONS 1.4(b),(d)


1. (C) Summary and comment. The debate over the ruling
Justice and Development Party's (AKP) proposed revisions to
Turkey's 25-year old constitution is turning increasingly
shrill, with particular focus on whether to lift the
headscarf ban for university students. The party's delay in
releasing the proposal to the public has generated heated
criticism of both content and methods. The draft, prepared
by an AKP-appointed committee of jurists and academics and
recently reviewed by senior AKP members, awaits final
approval by PM Erdogan upon his return from UNGA on September

29.

2. (C) Summary/comment cont'd. While Turks across the
political spectrum agree the flawed 1982 constitution,
drafted by the military after Turkey's 1980 coup, needs
substantial revision, many are wary of AKP motives,
particularly given a perceived lack of transparency in
preparing the draft. Initial indications are that the
revisions appear consistent with liberal democratic
principles and would strengthen Turkey's democracy. But the
debate is polarizing over contentious issues such as the
headscarf ban -- a restriction currently imposed by
regulation, not the constitution -- and religious and ethnic
minority rights. AKP has the seats to push the proposal
through parliament but wants to win support from a broader
coalition to give the new constitution greater credibility.
Failure to seek consensus was a precipitating factor in the
April/May presidential election crisis. AKP's credibility
hurdle is almost impossibly high with the staunchest of
secularists, but genuine outreach will count with the public
at large; how Erdogan and AKP play this will be an important
indicator of how this government plans to do business.
Judging from reactions to a leaked copy of the draft, they
will need a skilfull strategy to manage the ongoing debate
over AKP's true intentions and Turkey's future. End summary
and comment.

INQUIRING MINDS WANT TO KNOW
--------------

3. (U) PM Erdogan is following through on his campaign
promise to revise Turkey's military-drafted 1982 constitution

as the most effective way to introduce genuine reforms. The
initial push to shift to direct presidential elections - a
reform package Turks will vote on in an October 21 referendum
- has been nearly eclipsed by the drive to create a
"civilian" constitution that focuses on individual rights and
redistributes appointment powers. AKP leaders describe the
proposal as a move from a constitution that protects the
republic to a "pro-freedom" approach that protects democracy.
The AKP-appointed committee of five independent experts
reviewed its draft with 11 senior AKP members September 16-17
before submitting the proposal to the party's Central
Executive Board on September 19 for approval before public
release. The draft retains the present first four
"unamendable" articles, which describe the Republic as a
democratic, secular and social state governed by the rule of
law. PM Erdogan reportedly will make the final decision on
controversial issues, including the headscarf ban and
language and citizenship rights, upon his return September 29
from UNGA.

FOCUS ON HEADSCARF BAN AND PROCESS
--------------

4. (U) The delay in getting the document out for public
comment has led to criticism of AKP's lack of transparency
and renewed speculation about AKP's objectives. Working off
a leaked, unofficial version, critics, including Land Forces
Commander General Basbug (septel),have seized on the
headscarf ban and religious and ethnic minority rights as
signs of AKP's intent to undermine the secular Republic.
Higher Education Board (YOK) chairman Erdogan Tezic, a
staunch secularlist, claimed any move to lift the ban, in
place as a YOK regulation since 1982, would be illegal, in
part because of a European Court of Human Rights (ECHR)
decision upholding Turkey's right to impose the restriction.
Others argued that allowing headscarves on campus would lead
to increased pressure on all women to cover and open the way
for the government to implement an Islamist agenda. Supreme
Court prosecutor Abdurrahman Yalcinkaya warned that lifting
the ban would lead to "chaos and polarization", undermine
Turkey's political system and spark a wave of public anger
and hatred. Former Court of Appeals justice Sami Selcuk

ANKARA 00002414 002 OF 003


spoke for many when he told us the headscarf issue should be
handled by regulation, not a constitutional provision.


5. (U) Opposition Republican People's Party (CHP) and others
contend that AKP's reform efforts were not transparent or
participatory. CHP deputy leader Kemal Kilicdaroglu
expressed doubts that the draft will be open to discussion,
maintaining that PM Erdogan intends to impose his "hidden"
agenda through the reforms. The YOK Rectors Committee issued
a statement September 19 charging that the draft, which would
limit YOK's power, is undemocratic because it was prepared by
only one party. The statement called for an immediate halt
to the process, arguing that the public's input will be
limited to commenting on AKP's draft. YOK Chairman Tezic
discussed the committee's concerns with President Gul on
September 25; in a speech at Hacettepe University later that
day, Gul acknowledged that universities cannot be expected to
remain silent on critical issues. The Turkish Confederation
of Employers' Union (TISK) also demanded that work on the
reforms be suspended until a national consensus can be
assured.


6. (C) Many who support the need for constitutional reform
have qualms about AKP's approach. In contrast to CHP,
Nationalist Action Party (MHP) General Secretary Cihan Pacaci
agrees that a more democratic, civilian constitution is
needed and supports many of the proposed changes, including
lifting the headscarf ban, restructuring YOK and ensuring
more equitable citizenship rights. But, he added, MHP
remains suspicious of AKP's "hidden Islamic agenda" and urges
a wide consensus on amendments to enhance the new
constitution's integrity as a social contract. Democratic
Left Party (DSP) MP Huseyin Pazarci expressed concerns about
AKP's top-down methods, while also acknowledging reforms are
needed.


7. (C) Business leaders are also stressing the need for
consensus to defuse tensions and build trust. Stating that
the new constitution should strengthen Turkey's secular,
democratic structure and not polarize society, the head of
the Turkish Industrialists and Businessmen Association's
(TUSIAD) consultative council, Mustafa Koc, called for a
consensus approach. Koc noted that TUSIAD plans to monitor
the amendment process as well as the government's response to
criticism of the draft. TUSIAD head Arzuhan Yalcindag added
that discussing the methodology should not be treated as
"secondary" since the country's founding principles are
involved. She proposed first amending Penal Code Article 301
(insulting Turkishness) and pushing through other democratic
reforms to allow for a truly free and open debate on
constitutional changes.

A LONG ROAD TO REFORM
--------------

8. (U) As he left for New York September 21, Erdogan slammed
critics, telling the rectors in particular to "mind their own
business." He said Turkey needs to solve the headscarf
"problem", noting that, "The right to higher education cannot
be restricted because of what a girl wears." Erdogan
complained that the constitutional reform effort was being
reduced to a single issue: the headscarf ban. Fears about
the substance of the reforms and accusations that AKP's
methods were not open, inclusive and transparent were, he
said, unfounded. He emphasized that Turkey was at the
beginning of a lengthy process that would include maximum
public debate before the proposal is submitted to parliament.
"We are drafting a constitution for Turkey, not for the AK
Party," he told the press.


9. (C) In a recent meeting with us, the lead drafter, Prof.
Ergun Ozbudun, also countered complaints of delay and
secrecy. Ozbudun, a highly respected constitutional law
scholar, explained that AKP is taking a phased approach: now
that a draft has been approved, the next phase of extended
public debate can begin. Phase three will be AKP's formal
submission of the proposal to parliament for action. The
final step would be a public referendum. He admitted that it
wasn't clear how AKP would solicit or incorporate public
input, but stressed that party leaders want the "most
participatory, transparent review" possible. "It's in AKP's
interest to have the constitution adopted by the largest
majority," he noted, adding he believes AKP is willing to
take constructive proposals into consideration. This tracks

ANKARA 00002414 003 OF 003


with what senior AKPers, including those involved in the
drafting, have told us since spring.


10. (C) Ozbudun, who represented the GOT in the case that
closed the Islamist Refah Party in 2001, told us AKP leaders
asked him to head the drafting committee because he had no
ties to Islamists and would be a "reassuring" choice as a
well-regarded, independent jurist. He noted that leftist and
liberals who had called for constitutional reform for 25
years now were objecting, simply because it is an AKP
initiative. Ozbudun confirmed that AKP made no attempt to
influence or direct the committee's work. "Crazy prejudices"
are behind the idea that the draft lays the groundwork for an
Islamic Republic, Ozbudun said. "This draft is as strongly
committed to secularism as the present constitution," he
stated.


11. (C) Ozbudun maintained that a constitutional convention
-- an approach suggested by TUSIAD and others -- is not
allowed under Turkey's current system; parliament alone has
the authority to make revisions. Former Appeals Court
justice Selcuk, who believes a new constitution is needed,
agrees but told us separately that an article to this effect
should be adopted and a constitutional assembly elected to
draft a new text. Selcuk is looking to President Gul to
propose such an approach but doubts Gul has the independence
or mindset to do so. AKP can push through its draft rather
than organize a broader assembly, but it won't produce the
lasting constitution Turkey needs, Selcuk said; it will be
tainted as a "party" document. According to Selcuk, at base
the current debate is fundamentally about continuing concerns
about AKP's true intentions, making a consensus approach
essential. "No one is listening to each other in Turkey,"
Selcuk lamented, adding, "Turks can't debate; it always turns
into a fight."

Visit Ankara's Classified Web Site at
http://www.state.sgov.gov/p/eur/ankara/

WILSON