Roundtable Meeting “Towards a new Constitution: judicial independence, decentralized governance, methodology”

22 January 2015, Ankara, Turkey

Session II: Decentralized Governance and New Constitution (13:00-15:15)

Speech by Leen VERBEEK (Netherlands, SOC), Vice-President of the Congress of Local and Regional Authorities

The subject we are debating today is complex and multi-faceted and much depends on which angle we are taking and which interests we wish to defend. I am speaking today on behalf of the Congress of Local and Regional Authorities, the institution of the Council of Europe in charge of local and regional democracy.

I realise very well, with my personal Dutch background, that it is easy to criticise or comment on a subject that has so many sides. Developing a new constitution is not only a juridical activity – there are many ethical and cultural questions to be addressed. The national angle is of prime importance in this respect.

While in Europe we agree on the basic rules of democracy, we are well aware that the constitutional context of democracy may differ from country to country. Therefore, I would stress that Turkish culture, in all its variety, must have an influence on the drafting of a new constitution. If Turkey really wants to move towards a stronger form of democracy, it may be necessary that this has to be done step by step.

There is no democracy without free and fair elections but elections alone do not make a country a democracy. This can be illustrated by elections organised in many countries worldwide which – in my opinion – do not handle democracy to the benefit of all, but abuse democracy to oppress a large part of the population.

A basic condition for a constitution that will win the support of all parts of society is an attitude of the national government that recognises not only the interests of the majority, but also the interests of minorities. Such an attitude should include trust in the democratic correction mechanisms available at regional and local level.

I have the impression that this is not always the case in Turkey. There appears to be some distrust between the national government, regional bodies and local authorities. The relations with the minorities in Turkey are also full of tensions. This is an obstacle for a broad and inclusive debate on a new constitution.

The trend at the national level to control and dominate civil society can be an indication of distrust with regard to the regional and local authorities.

Another example of this distrust is the oppression of the press.

For 20 years, the Congress of Local and Regional Authorities has been in a dialogue with the Turkish authorities. This is done in the interest of strengthening local and regional democracy, notably through constitutional reforms towards real decentralisation.

The Congress’ mechanisms and tools in this respect are regular monitoring missions, targeted fact-finding visits and missions to observe local and regional elections. In 2016 a monitoring mission is planned to Turkey and I will be participating in this mission.

The overall aim of these activities is to examine the institutional setup, legal provisions and the practice of local and regional government and to assess whether progress has been made towards greater compliance with the European Charter of Local Self-Government.

And, more generally speaking, to evaluate the situation with regard to strengthening local and regional democracy in Turkey.

From European experiences we know that fragmentation, social inequality and the lack of solidarity between regions and local authorities usually impede prosperity and can also provoke social tensions at national level. On the other hand, decentralisation, devolution of power and the involvement of more of the population in decision-making processes at local and regional level can stimulate peaceful economic development and progress.

Turkey remains one of the most centralised countries in Europe and I am convinced that this is a big obstacle to its further economic and democratic development. Policies to foster genuine decentralisation and well-performing regions throughout the country have to be rooted in a truly democratic legal environment. This is why the Congress, over the past 15 years, has been encouraging the Turkish authorities to constantly push forward constitutional and institutional reforms.

In its last Monitoring Report on Turkey, adopted in March 2011, the Congress criticized that there had been no amendment of Article 127 of the Turkish Constitution (the basis of what is called “the power of administrative tutelage”). Instead, the prospect of the drafting of an entirely new constitution was presented, providing for an improved position of local and provincial government.

Consequently, to take the Turkish authorities by their words, we recommend constitutional and legal amendments – as well as changes in territorial practice! – which should rest on three major principles:

First: Subsidiarity,

public service tasks should be entrusted to the most local level of government. This is not a dogma but has proven to be an efficient approach in practice.

Second: Partnership,

a climate of consultation and co-operation should be established between central authorities and territorial bodies as well as between local and regional governments.

Third: Financial autonomy,

the right to collect local taxes and charges should be granted by law. The redistribution of central resources to local and regional bodies should be organised in a co-operative manner, so that financial resources be commensurate with their responsibilities.

Personally, I am of the opinion that the question of government system – whether this is parliamentarian, presidential or semi-presidential– is of secondary importance in this respect.

As long as real decentralisation, shared decision-making and financial autonomy of local and regional bodies are ensured through constitutional and legal provisions and through changes in practice, the governmental form – provided it is genuinely democratic and based on a system of checks and balances - is negotiable.

Of course, this must always take into consideration the opinion of the population.

In any case, the concept of a unitary state is compatible with a degree of compromise with regard to decentralisation in a country – this is, not least, enshrined in the European Charter of Local Self-Government – a treaty which was ratified by Turkey in 1992.

Over the last decade the Turkish economy has performed well. It is no secret that this development has not been to the benefit of all.

Personally I believe that this economic growth has reached, or soon will reach, a glass ceiling.

A new constitution that recognises the interests of all parts of the population will boost the Turkish economy to a height that cannot be reached under the present constitution.

I sincerely hope that my contribution in this meeting will be understood as a constructive contribution to the process that is required.

I wish all of us an inspiring discussion, to which I am happy to contribute.

Thank you for your attention.