HEADSCARF LEGISLATION MOVING AT WARP SPEED THROUGH

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000171 SIPDIS SIPDIS E.O. 12958: DECL: 01/28/2018 TAGS: PGOV PHUM TU SUBJECT: HEADSCARF LEGISLATION MOVING AT WARP SPEED THROUGH TURKEY'S PARLIAMENT REF: ANKARA 0165 Classified By: POLITICAL COUNSELOR JANICE WEINER FOR REASONS 1.4(b),(d) ¶1. (C) Summary and comment. Turkey's parliament is expected to vote next week on changes designed to lift the ban on headscarves in universities. After intense negotiations (reftel),ruling Justice and Development Party (AKP) and far-right Nationalist Action Party (MHP) leaders submitted a package to parliament's Speaker January 29 amending Constitutional Articles 10 and 42 and an education law regulating attire. Following review by parliament's Constitution Committee this week, two required General Assembly debates are likely to occur next week, with a final vote possible on February 8. AKP and MHP together have the votes needed to approve the measure. The GOT has been at its most specific, underscoring its intent to limit the change to higher education institutions and to prevent the admission of chadors or burqas. Opposition continues to grow increasingly vocal, with at least one demonstration planned for February ¶2. ¶2. (C) Cont'd. It is impossible to overestimate the emotions and sensitivities the headscarf issues evokes in Turkey. Much more than a freedom of religion or equality issue, it is the quintessential symbol of pious and conservative Anatolia moving into positions of power. Staunch secularists truly see it as heralding the end of the Republic as they know it. If the package passes and the furor dies down, as AKP is betting, the GOT may finally tackle other pressing agenda items. But the furor may not die down. End summary and comment. ¶3. (C) After debating late into the night January 29, AKP and MHP agreed on language aimed at narrowly addressing Turkey's headscarf ban at universities without further inflaming fears of a wholesale lifting of the prohibition. To limit the risk Turkey's Constitutional Court might annul the changes, the proposed constitutional amendments do not mention headscarves or clothing, AKP Whip Sadullah Ergin told us January 29. "Constitutional Court decisions created this prohibition through interpretations of general, unrelated clauses. Since the ban does not exist in law, it is difficult to find the best way to lift it," Ergin said. The package combines MHP's proposal to amend Article 10 to ensure equal access for all to public services (such as education) with AKP's proposed amendment to Article 42 to protect the right to education in accordance with Turkey's laws. ¶4. (C) While the constitutional changes focus on broad freedoms, Higher Education Council (YOK) law Article 17 will be the specific basis for regulating headscarf use at universities, Ergin explained. As revised, Article 17 will provide: "No one shall be deprived of the right to learning and education on charges of wearing the headscarf". Language specifying the scarf must be tied under the chin without covering the face will be included in an attempt to ensure chadors, burqas and similar coverings remain excluded, Ergin said. Professors, teachers and civil servants will remain subject to the ban. Other AKPers, including parliament's Justice Committee chair Ahmet Iyimaya, told us January 30 that "tied under the chin" was too specific; he wanted a provision requiring that a women's entire face be visible. ¶5. (C) PM Erdogan told party members his government is a safeguard of Turkey's secular order and a guarantee of democracy, secularism and the Republic's principles. Ergin later told us, "We want this artificial issue removed from Turkey's agenda," explaining why AKP is catapulting the package through the parliamentary process. He and Deputy PM Cemil Cicek were finalizing edits to the text as our January 29 meeting began. Cicek emphasized the proposal must clearly state it applies only to headscarves in higher education facilities, a clarification sought to allay concerns that headscarves might soon appear in primary and secondary schools and other government facilities. No amount of specificity will comfort the staunch secularists (lack of specificity has been a long-standing opposition complaint.) Noting the issue has been a hot topic for 40 years, Ergin argued AKP cannot be accused of giving short-shrift to the debate. "The shorter the debate, the less risk of agitation and dangerous provocations we've seen in the past," Ergin said. ANKARA 00000171 002 OF 002 ¶6. (C) To minimize further tensions, AKP prefers the package, once approved, not go to referendum, according to Ergin. Under the constitution, President Gul has the option to call for a referendum after approving the measure; the public's reaction to the proposals will determine his position, Ergin predicted. "If we show maturity as a democracy, a referendum will not be necessary," Ergin commented. "But if there is agitation, we may have to resort to a referendum." ¶7. (SBU) AKP and MHP officials visited opposition leaders January 29 to seek support. Republican People's Party (CHP) leader Deniz Baykal threatened to challenge the amendments in court if the package is adopted. He called the Islamic headscarf a "foreign uniform" and the symbol of Wahabi Islam. The target is secularism, Baykal said, adding the amendments set in motion "far-reaching" plans, with no indication as to where the process will lead. Speaking to party members, Democratic Society Party (DTP) Vice Chair Emine Ayna reportedly reiterated DTP's position that the issue should be addressed in legislation, rather than in the constitution. ¶8. (SBU) Opposition to lifting the ban is heating up. About one thousands representatives from 36 NGOs led by the Republic Women's Association protested at parliament January 29, and called for a public demonstration at Ataturk's mausoleum February 2. The Turkish Bar Association Union issued a statement accusing the government of increasing societal fears of encroaching religious practices on public life. The Court of Appeal's Chief Prosecutor reportedly convened all court prosecutors January 29 to discuss the issue, and the inter-university rectors committee is set to meet February 1. Professor Ergun Ozbudun, a respected constitutional law expert who advised AKP on broader constitutional reforms, warned the proposed package will not resolve the fundamental issue. Pressure to don the headscarf will increase considerably once the ban is lifted, he said, and should be taken seriously. Notably, Turkish General Staff Chief of Defense General Buyukanit declined to address the issue during a January 30 press conference. Turkish society knows the military's view on this, Buyukanit said; "My saying something would not go beyond declaring the known. Visit Ankara's Classified Web Site at http://www.intelink.sgov.gov/wiki/Portal:Turk ey MCELDOWNEY