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.

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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.

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