Starting Nov. 15, three committees will be created to solicit the opinions of different organizations in society, Çiçek said.
One of the committees will contact political parties and
constitutional organizations while a second will ask the opinions of
professional organizations and unions. A third committee will seek
advice from NGOs, foundations and religious communities.
Çiçek asked the aforementioned organizations to submit their written
advice on new charter draft before the end of December. The committees
will then invite representatives of the organizations for a verbal
discussion of their charter proposals, Çiçek said.
"The process of drafting a new constitution is not a process of
asserting one's views on others or persuading others on the correctness
of one's ideas, but creating a social contract together," Çiçek said.
Working Principles of the Constitution Conciliation Commission
1- Name of the commission
The name of the commission is the Turkish Grand National Assembly (TBMM) Constitution Conciliation Commission.
2- The task of the commission
The task of the commission is to manage the constitution-making process and to prepare the draft text of the constitution.
3- Chair of the commission
The chair of the commission is the speaker of Parliament. In his
absence, one of the members of the commission assigned by the speaker
will chair the session.
4- Commission meetings and agenda
The commission will meet at least twice a week on Tuesdays and
Thursdays. If necessary, the number of weekly meetings can be increased.
The following meeting’s agenda and its meeting day and hour will be
determined at the end of each session. The commission can also convene
outside of Ankara.
5- Quorum
The commission will convene with at least one member from three political parties.
6- Decision making
The commission will make decisions with the consensus (unanimity) of
all political parties making up the commission. Topics on which no
decision is reached will be re-evaluated at a time the commission deems
appropriate.
Whether or not the process has been completed or whether or not the
final text (the entire draft) has been shaped, the matter will be
determined by consensus.
7- Minutes
Full records of the commission meetings will be kept. In some cases,
the commission may decide not to take the minutes down. Minutes of the
meetings will be immediately distributed to members either printed or in
CD form. None of the minutes will be made public before the work of the
commission is complete.
8- Technical delegations
Three technical delegations will be formed by one expert from each
political party and one expert from the Office of the Speaker of
Parliament. The allowance and travel expenses of the experts nominated
by the political parties will be paid for by the Office of the Speaker
of Parliament. The technical delegation will collect data, classify and
analyze it and prepare an assessment report to be submitted to the
commission.
If necessary, the number of technical delegations may be increased.
9- Assigning consultants
Each political party may have a maximum of two consultants present in
meetings. Consultants cannot participate in debates. Their allowance
and travel expenses will be provided by the Office of the Speaker of
Parliament. Consultants participating in the commission may be altered
depending on the circumstances.
10- The closed meeting principle and attendance
Commission meetings will be closed to the press. However, the
commission will take the necessary measures to provide transparency. In
this context, the commission, through its chair, will provide a
statement at the end of the meeting consisting of content that the chair
considers appropriate. Nobody except commission members, those people
invited to the meeting and assigned personnel can attend the commission
meetings.
11- Working period and phases
The commission aims to finish its work by the end of 2012.
The work of the commission consists of the following phases:
1st Phase: Participation, data colleting and assessment.
2nd Phase: Determining the principles and writing the text.
3rd Phase: Publicizing the text and public debate.
4th Phase: Reviewing the draft following input from the public and transforming it into a motion.
The 1st phase will be considered finished by the end of April 2012.
Deadlines for other phases will be decided by the commission.
12- Participation
All segments of the society will be encouraged to participate in the process of writing the constitution.
13- Irreversibility of the draft text of the constitution
The draft text of the constitution, unless there is a consensus among
the political parties, cannot be changed or appended either in the
conciliation or legislation commissions or in the General Assembly.
In the event that a change is made on the text based on consensus
after the draft text (motion) is submitted to the Office of the Speaker
of Parliament, the Constitution Conciliation Commission will be
consulted.
14- Situations where no clause is applicable
The commission can review its working principles and amend them by
consensus. Separately, it can create principles for those situations
where no clause is applicable.
The law regulating the constitutional text and the process of its
ratification will be made with the consensus of political parties after
the text is completed.
15- End of the task of the commission
The task of the commission will end with the passing of the
constitutional motion in the General Assembly and its passing into law
or with the withdrawal – or de facto withdrawal – of one of the
political parties. A political party that does not attend at least three
meetings will be considered to have withdrawn. |