2017 Turkish constitutional referendum

A constitutional referendum was held in Turkey on 16 April 2017 on whether to approve 18 proposed amendments to the Turkish constitution that were brought forward by the governing Justice and Development Party (AKP) and the Nationalist Movement Party (MHP). As a result of its approval, the office of the Prime Minister was abolished and the existing parliamentary system of government was replaced with an executive presidency and a presidential system. The number of seats in Parliament was raised from 550 to 600, while, among a series of other proposals, the president was given more control over appointments to the Supreme Board of Judges and Prosecutors (HSYK). The referendum was held under a state of emergency that was declared following a failed military coup attempt in July 2016.

Early results indicated a 51–49% lead for the "Yes" vote. In an unprecedented move, the Supreme Electoral Council (YSK) allowed non-stamped ballots to be accepted as valid. Some critics of the reform decried this move to be illegal, claiming that as many as 1.5 million ballots were unstamped, and did not recognize the results. Large-scale protests erupted following the results in order to protest the YSK's decision. In subsequent reports, the Organization for Security and Co-operation in Europe (OSCE) and Parliamentary Assembly of the Council of Europe (PACE) both criticized unfairness during the campaign and declared the YSK's decision to be illegal.

An executive presidency has been a long-standing proposal of the governing AKP and its founder, the current President of Turkey, Recep Tayyip Erdoğan. In October 2016, the Nationalist Movement Party (MHP) announced its co-operation for producing draft proposals with the government, with the combined support of both AKP and MHP MPs being sufficient to put forward the proposals to a referendum following a parliamentary vote in January. Those in favour of a 'Yes' vote argued that the changes were necessary for a strong and stable Turkey, arguing that an executive presidency would bring about an end to unstable coalition governments that had dominated Turkish politics since the 1960s up until 2002. The 'No' campaign have argued that the proposals would concentrate too much power in the hands of the President, effectively dismantling the separation of powers and taking legislative authority away from Parliament. Critics argued that the proposed system would resemble an 'elected dictatorship' with no ability to hold the executive to account, leading effectively to a 'democratic suicide' and autocracy. Three days before the referendum, one of Erdoğan's aides called for a federal system should the 'Yes' vote prevail, causing a backlash from the pro-Yes MHP. Both sides of the campaign have been accused of using divisive and extreme rhetoric, with Erdoğan accusing all 'No' voters of being terrorists siding with the plotters of the failed 2016 coup.

The campaign was marred by allegations of state suppression against 'No' campaigners, while the 'Yes' campaign were able to make use of state facilities and funding to organize rallies and campaign events. Leading members of the 'No' campaign, which included many high-profile former members of the MHP such as Meral Akşener, Ümit Özdağ, Sinan Oğan, and Yusuf Halaçoğlu were all subject to both violence and campaign restrictions. The 'Yes' campaign were faced with campaigning restrictions by several European countries, with the German, Dutch, Danish and Swiss governments all cancelling or requesting the suspension of 'Yes' campaign events directed at Turkish voters living abroad. The restrictions caused a sharp deterioration in diplomatic relations and caused a diplomatic crisis between Turkey and the Netherlands. Concerns were also raised about voting irregularities, with 'Yes' voters in Germany being caught attempting to vote more than once and also being found to have been in possession of ballot papers before the overseas voting process had started. European election monitors said the vote did not meet international standards.

Background

Introducing a presidential system was proposed by then-Minister of Justice Cemil Çiçek and backed by then-Prime Minister Erdoğan in 2005. Since then, the current presidential system has been openly supported by Justice and Development Party leaders several times, along with a "new constitution". Justice and Development Party vice-president Hayati Yazıcı proposed April 2017 as a date for the referendum.

The parliamentary system formally began transforming into a centralised presidential system after President Recep Tayyip Erdoğan won the July 2018 elections. Since its inception, there have been competing arguments for and against for this transformation.

Constitutional amendments

Initial proposals

On 10 December 2016, the AKP and MHP brought forward a total of 21 proposed amendments to the constitution and began collecting signatures from MPs in order to begin the parliamentary procedures for initiating a referendum. After Assembly Commission talks, 3 proposals were withdrawn, leaving 18 amendments remaining. The full-text proposal in Turkish and the present Turkish constitution are found at the following links. The most important changes have been highlighted by the Union of Turkish Bar Associations.

An English-language summary and interpretation of the 18 amendments is listed in the table below.

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Parliamentary Constitutional Commission

After being signed by the AKP's 316 MPs, the 21 proposed changes were submitted to the Speaker of the Grand National Assembly and were then referred to the Parliamentary Constitutional Commission. The Parliamentary Constitutional Commission, headed by AKP MP Mustafa Şentop, began scrutinizing the proposals in December 2016, earlier than the planned date of January 2017. The Constitutional Commission is formed of 25 Members of which 15 are from the AKP, 5 are from the CHP, 3 are from the HDP and 2 are from the MHP, as per the composition of parliament. Since the AKP held a large majority of the commission's seats, it was expected by media commentators that there would be minimal surprise developments at the scrutiny stage. Debates in the commission were heated, with occasional fights being observed between MPs.

The Constitutional Commission has the power to amend or reject the proposed changes before they are put to a vote for all MPs. The Commission made minor changes to numerous proposals, such as raising the number of members of the Supreme Board of Judges and Prosecutors from 12 to 13. The commission rejected three of the 21 proposed changes, reducing the constitutional package from 21 proposals to 18. The 5th proposal, which created 'reserve MPs' to take the parliamentary seats that fall vacant between elections, was controversially rejected with just three signatures, well short of the support of 25 commission members or 184 total MPs necessary. It was reported that AKP MPs opposed the creation of 'reserve MPs' on the grounds that it threatened the security of sitting MPs by incentivizing reserves to incapacitate them in order to take their seat. The 15th proposal, giving the President the right to structure the civil service and state institutions through executive decrees, was rejected. A day later on 29 December, the 14th proposal, which gave the right for the President to appoint senior bureaucratic officials, was also rejected.

The Commission completed the approval process on 30 December, rejecting 3 of the 21 proposals in total.

Parliamentary voting

Following the completion of the Constitutional Commission hearings, the 18 proposals were presented to parliament for ratification. Constitutional amendments need a three fifths majority (330 votes) to be put forward to a referendum and a two-thirds majority (367 votes) to be ratified directly. Justice and Development Party (AKP) officials claimed before the vote that even if the 367-threshold was reached, the government would not ratify the changes without a referendum.

Parliament voted on each of the 18 proposals separately in two rounds. The first round served as an indicator of whether the amendments would gather sufficient support, with amendments being proposed by all parties present in the chamber. In the second round, parties are no longer permitted to propose changes to the proposals. The results of the second round are taken into account, with 330 votes needed to send them to a referendum or 367 for direct implementation. A final vote on all of the approved proposals at large, with the same thresholds, was undertaken at the end of the second round, with the entire process being disbanded if votes in favour fell below 330.

Of the total 550 Members of Parliament, 537 were entitled to a vote. 11 MPs from the Peoples' Democratic Party (HDP) were under arrest for terrorism charges and were unable to partake in the vote, with the remaining 48 HDP MPs boycotting the vote after their motion calling for the arrested MPs to be brought to parliament to vote was rejected. The Parliamentary Speaker İsmail Kahraman, who is unable to take part in the vote by virtue of being the Speaker, was hospitalized during the vote, meaning that AKP deputy speaker Ahmet Aydın presided over the proceedings and was therefore unable to cast a vote.

Of the 537 MPs eligible to vote, the AKP held 315, the CHP 133, the MHP 39, the HDP 48 and 2 were independent. Of the MHP's 39 MPs, 6 had openly stated that they would vote against the amendments, leaving the total number of MPs expected to vote 'Yes' at 348. The CHP's 133 MPs and the two independents, which consisted of Aylin Nazlıaka and Ümit Özdağ, voted 'No' while the HDP boycotted the votes.

Parliamentary voting began on 9 January, with the first round of voting being completed on 15 January. Opposition politicians criticized the rushed way in which the votes were conducted, with four to five votes taking place in a day with no adjournments. The votes were marred by numerous irregularities, with CHP Members of Parliament filming AKP MPs openly casting their vote or intimidating uncertain MPs to vote 'Yes'. The Minister of Health, Recep Akdağ, was filmed casting an open vote, which is disallowed by the constitution, and openly admitting that he had committed a crime afterwards. AKP MPs responded to attempts to film them with hostility, with fights occasionally breaking out between government and opposition MPs. CHP MP Fatma Kaplan Hürriyet was allegedly strangled by AKP Parliamentary Group Leader Mustafa Elitaş after she filmed Elitaş and Prime Minister Binali Yıldırım casting open votes. Several MPs were hospitalized, while the podium where MPs rose to make speeches was dislocated with one of its €15,000 microphones being reported as missing. The second round of voting was completed on 20 January, with all of the proposed amendments being approved. A final motion to enact the approved amendments was approved by 339 votes, surpassing the 330-vote threshold to hold a referendum but falling short of the 367-vote threshold needed to enact the amendments directly.

Article voting

Several AKP MPs voted openly for the changes, violating the constitutional requirement of a secret vote.

Reception

The amendments were received with heavy criticism from opposition parties and non-governmental organisations, with criticism focusing particularly on the erosion of the separation of powers and the abolition of parliamentary accountability. Constitutional legal experts such as Kemal Gözler and İbrahim Kaboğlu claimed that the changes would result in the Parliament becoming effectively powerless, while the executive president would have controls over the executive, legislative, and judiciary. On 4 December, the Atatürkist Thought Association (ADD), Association for the Support of Contemporary Living (ÇYDD) and the Trade Union Confederation held a rally in Ankara despite having their permissions revoked by the Governor of Ankara, calling for a rejection of the executive presidential system on the grounds that it threatened judicial independence and secular democratic values.

The amendments were initially received with mixed responses from the opposition CHP, which have long been critical of the AKP's constitutional plans. Shortly after the proposals were made public and submitted to Parliament on 10 December, Prime Minister Binali Yıldırım reported that the CHP was in agreement with 5 of the proposed changes. However, reception by the CHP was negative, with the party's deputy leader Selin Sayek Böke claiming that the proposals essentially created a "sultanate". Parliamentary group leader Levent Gök, one of the first to comment on the released proposals, claimed that the changes would revert 140 years of Turkish parliamentary democracy, calling on all parties to reject the proposals. Another of the CHP's parliamentary group leaders, Özgür Özel, called the proposals a "regime change", with the parliament being left essentially powerless in scrutinising ministers and holding them to account. Özel claimed that the AKP were unlikely to obtain the 330 votes necessary to put the changes to a referendum, stating that he would be surprised if the number of MPs voting in favour reached 275. CHP MP Selina Doğan claimed that the authoritarian nature of the proposals would effectively end Turkey's EU accession negotiations, citing the lack of any relevance to European values. CHP MP Cemal Oktan Yüksel claimed that the proposals resembled the constitution of Assad's Syria, stating that it wouldn't be a national constitution but "Syria's constitution translated".

Despite having the nationalist MHP's official support, it was reported that Turkish nationalists were also overwhelmingly critical of both the proposals and their party's involvement in their drafting. Bahçeli, who has historically lent support to the AKP in controversial situations, was subject to criticism from all major parties for his decision to support the constitutional amendments, being described as the AKP's "back garden", "life-line" or "spare tyre" by critics. On 24 October 2016, 5 of the 40 MHP Members of Parliament declared that they would reject the constitutional proposals, against their party line. Ümit Özdağ, who was a leadership candidate against Bahçeli and one of the 5 MPs critical of the changes, had his party membership revoked in November. A poll released by Gezici in December showed that almost two-thirds of MHP supporters were against the proposed changes, though MHP supporters were also the most undecided amongst the other parties. On 27 December, MHP MP Kadir Koçdemir became the fifth MP from his party to publicly state his opposition to the proposals.

Speaking shortly after the proposals were released, the HDP's spokesperson Ayhan Bilgen criticized the proposed changes for being anti-democratic and against the principle of judicial independence. Citing the proposed creation of "executive orders" that can be decreed by the President at will without parliamentary scrutiny, Bilgen criticized the nature of the changes, calling them poorly written and an attempt to cover up constitutional violations that had taken place under the current constitution. However, on 18 December, HDP MP Kadri Yıldırım claimed that there would be no reason to reject the proposals if the changes included a separate "status" for Turkish Kurds and a constitutional entitlement to education for Kurdish citizens in their native Kurdish language. This led to speculation that the HDP could be convinced to support the changes by the AKP government, though the MHP would be unlikely to jointly support any changes that are also endorsed by the HDP. On 21 December, the CHP and HDP issued a parliamentary motion that would declare the proposals "unconstitutional", but the motion was rejected by MPs.

The changes have also received severe criticism from outside Turkey. One commentator went as far as to declare that "if a majority votes yes, this will be the end of parliamentary democracy in Turkey." The NGO Human Rights Watch stated that the changes were a "huge threat to human rights, the rule of law, and the country’s democratic future." ''The Economist'' concluded that "a vote for Yes would saddle the country with an elected dictator." The Venice Commission of the Council of Europe, in its March 2017 Opinion on the Constitutional amendments, defined them as "a threat to democracy" and stressed the "dangers of degeneration of the proposed system towards and authoritarian and personal regime". Also, before the vote took place, the openDemocracy website reported that some European news outlets published concerns that the 2017 referendum amounted to something like an "enabling act" for Erdoğan.

Campaign positions

Ruling party AKP and opposition MHP are the signatories of the amendments. MHP has provided their conditional support until their conditions are met.
Main opposition CHP's initial position was to wait until the amendments were finalized. CHP leader Kılıçdaroğlu once mentioned of bringing the changes into Grand Assembly. Later, CHP decided to favor No vote and started "Türkiye'yi Böldürmeyeceğiz" ( Turkish: ''We'll not partition Turkey'') rallies. Parliament's fourth party HDP is against the changes.

Political parties

NGOs and other groups

Campaigns

'Yes' campaign

The 'Yes' campaign has been predominantly led by Justice and Development Party (AKP) politicians, as well as Nationalist Movement Party (MHP) politicians loyal to leader Devlet Bahçeli. Initially expecting a 7 February start to the campaign, the AKP eventually kicked off their official campaign on 25 February with a presentation by Prime Minister Binali Yıldırım at the Ankara sports stadium. Amid poor showings in opinion polls in February, Erdoğan reportedly asked pro-government pollsters to suspend their opinion polling until the end of March, while proposals for a joint electoral rally by both leading AKP and MHP politicians has also been proposed.

The 'Yes' campaign has been criticized for its smear campaign against individuals voting 'No', associating them with numerous terrorist organisations. Prime Minister Binali Yıldırım claimed that they would vote 'Yes' because the Kurdistan Workers Party (PKK) and the so-called Fethullah Gülen Terrorist Organisation (FETÖ) were voting 'No', though both organisations have historically been in favour of an executive presidency. President Recep Tayyip Erdoğan also caused controversy when he claimed that those voting 'No' were siding with the coup plotters behind the 2016 Turkish coup d'état attempt.

At present, the 'Yes' campaign has been conducted through electoral rallies held by Prime Minister Yıldırım, leading AKP politicians and also President Erdoğan, who has held 'public opening' rallies similar to his tactics in the June 2015 general election. MHP leader Devlet Bahçeli has conducted conferences in favour of a 'Yes' vote, with the first occurring in Konya on 12 February 2017.

On 10 March, the Great Union Party

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