Turkey stands on the brink of a ground-breaking political transformation tonight after voters in a referendum back a constitutional shake-up designed to tame its once mighty secular establishment.
With more than 99% of votes counted, returns showed 58% backing for amendments that would drastically curtail the judiciary and make the armed forces subservient to civilian rule. The result confounded earlier forecasts of a tight race and represented a stunning political triumph for Turkey's prime minister, Recep Tayyip Erdogan, and his ruling Justice and Development party (AKP), which is rooted in political Islam. The government had called the vote to decide on a 26-article reform package that it said would give Turkey a democratic constitution fit for EU membership and mark a break with the country's baleful legacy of military coups.
The European commission, which had criticised the government for stifling public debate, welcomed the results. "These reforms are a step in the right direction as they address a number of longstanding priorities in Turkey's efforts towards fully complying with the accession criteria," the commissioner for enlargement, Stefan Fule, said in a statement. The vote took place on the 30th anniversary of a 1980 putsch that ushered in a military government that introduced the current constitution. Addressing a gathering of triumphant AKP members, Erdogan hailed the outcome as a "defeat for the 12 September coup" and said it would unite Turkey. "This is not an AKP project," he said.
The European commission, which had criticised the government for stifling public debate, welcomed the results. "These reforms are a step in the right direction as they address a number of longstanding priorities in Turkey's efforts towards fully complying with the accession criteria," the commissioner for enlargement, Stefan Fule, said in a statement. The vote took place on the 30th anniversary of a 1980 putsch that ushered in a military government that introduced the current constitution. Addressing a gathering of triumphant AKP members, Erdogan hailed the outcome as a "defeat for the 12 September coup" and said it would unite Turkey. "This is not an AKP project," he said.
Analysts had warned in advance that a narrow margin of victory could further deepen Turkey's religious-secular divide and push Erdogan's government into a potentially destabilising spending spree before next year's general election. During a divisive campaign, Erdogan painted opponents of reform as "supporters of the coup". The rancour was reflected in violent clashes at several polling stations in heavily Kurdish areas. The pro-Kurdish Peace and Democracy party (BDP) had called for a boycott, saying the package failed to address the grievances of Turkey's estimated 14 million Kurds.
The reforms were resisted by all the opposition parties, which said they would undermine the country's secular state and expand Erdogan's personal power. The result was a personal defeat for Kemal Kilicdaroglu, leader of Turkey's main opposition party, the secularist Republican People's party. In a further indignity, Kilicdaroglu, who had spearheaded the 'no' campaign, was unable to vote, apparently because of a rule change on where MPs could cast their ballots. While there is widespread consensus favouring a new constitution, there are deep disagreements over what that should mean. Divisions were evident among voters today.
The outcome presages a transformation of the judiciary, long seen as a staunch secular bastion. It would give the government more control over appointments to Turkey's highest court, the constitutional court, and the powerful Supreme Board of Judges and Prosecutors, which currently appoints most senior judiciary officials. The constitutional court came close to shutting the AKP down in 2008 for alleged anti-secular activity. Senior judges have warned that the changes will undermine the judiciary's independence, but the government argues that it will make a previously unrepresentative institution more accountable. Opposition parties say the aim is to remove the judiciary as an obstacle to the AKP's perceived goal of a more religious state.
The army, which has staged four coups in fifty years, faces a further reduction in its once exalted status, with serving officers subject to trial in civilian courts, in line with EU norms. The top brass responsible for the 1980 coup will lose legal immunity, although critics have dismissed the change as meaningless because the thirty-year statute of limitations expires tomorrow. However, Cingiz Aktar, professor of EU studies at Bahcesehir University in Istanbul, hailed the package's acceptance as a major landmark that should pave the way for an entirely new constitution in future. "This is not just a government victory, it's going forward to a new constitution," he said. "It's the beginning, not the end. Turkey is moving finally towards the normalisation and de-militarisation that it needs in order to become a worldly and self-confident country."
Main points:
• Article 15 of the 26-point plan removes the legal immunities of leaders of the 1980 military coup, technically paving the way for them to be tried.
• Serving army officers can be tried in civilian courts, rather than at military tribunals as at present.
• Increases the number of judges on the constitutional court – Turkey's highest – from 11 to 17, and gives parliament and the president, both currently controlled by the ruling AKP, a greater say in their appointment.
• Increases the number of judges on the powerful Supreme Board of Judges and Prosecutors from seven to 21 and allows for more political appointments.
• Guarantees positive discrimination for women, rights for children and collective bargaining agreements, such as allowing civil servants to strike.
