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The Peculiarities of the Joint Comprehensive Plan of Action

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Iranian President Rohani, a pragmatist, was elected in 2013 which led to a diplomatic thaw between the Islamic Republic and the West. Finally, after 20 months of “strenuous” negotiations between Iran, the P5+1 and Iran the JCPOA on the nuclear program of Iran was reached in July 2015 to ensure that Islamic Republic’s future nuclear program would be exclusively peaceful.

It was a landmark comprehensive nuclear agreement after the longest continuous negotiations with the presence of all foreign ministers of the permanent members of the United Nations Security Council. The agreement was very complex. One of the signatories, Robert J. Einhorn, a former U.S. Department of State official now at the Brookings Institution, said of the agreement: “Analysts will be pleasantly surprised. The more things are agreed to, the less opportunity there is for implementation difficulties later on.” The agreement had been founded upon , and also reinforced, the Nuclear Non-Proliferation Treaty (NPT) and the International Atomic Energy Agency IAEA safeguards system.

According to several commentators, JCPOA was the first of its kind in the annals of non-proliferation and is in many aspects unique. This was the first time that the United Nations Security Council had recognized the nuclear enrichment program of a developing country –Iran–and backed an agreement (JCPOA) signed by several countries within the framework of a resolution (United Nations Security Council Resolution 2231).For the first time in the history of the United Nations, a country –Iran– was able to abolish 6 UN resolutions against it –1696, 1737, 1747, 1803, 1835, 1929– without even one day of implementing them. Sanctions against Iran was also lifted for the first time. The 159-page JCPOA document and its 5 appendixes, was the most spacious text of a multinational treaty since World War II. Throughout history of international law, this was the first and only time that a country subject to Chapter VII of the United Nations Charter –Iran– has managed to end its case and stop being subject to this chapter through diplomacy, all other cases have ended to either regime change, war or full implementation of the Security Council’s decisions by the country. Iran had agreed to strict limits on its nuclear program and extensive monitoring in return for the lifting of sanctions. In addition, it was agreed that Iran would have cooperate with an inquiry looking into evidence of past work on nuclear warhead design.

A brief summary of the main points:

1.Iran will not produce weapons-grade plutonium and limit its stockpile of uranium enriched to 3.67% to 300 kilograms for the next 15 years.

2.Tehran also agreed to modernize its nuclear facilities and use them for exclusively peaceful purposes.

3.Sanctions will be gradually removed from Iran.

4.The arms embargo imposed by UN Security Council will be kept in place for five years, ban for supplying ballistic missile technologies to Iran – for eight years.

5.Experts from the International Atomic Energy Agency (IAEA) will monitor nuclear facilities in Iran for the next 25 years.

6.If any points of the agreement are violated by Iran, sanctions against the country will be renewed.

The Main Points of the JCPOA:

1.Uranium enrichment capacity

Iran’s current capacity of 19,000 gas centrifuges would be reduced by more than two-thirds to 6,104, out of which just over 5,000 would actually be enriching uranium. All of them would be first-generation centrifuges based on technology going back to the 1950s. Furthermore, for the first 15 years of the deal Iran would not enrich beyond the level of 3.67% purity, low-enriched uranium (LEU) of the kind used in nuclear power stations.

2.The enriched uranium stockpile

Iran’s stockpile of LEU would be reduced from its current level of about 7,500kgto 300kg, a reduction of 96%. The reduction would be achieved either by shipping the uranium abroad or by diluting it.

3.Research, development and future enrichment capacity

There would be limits on the R&D work Iran could do on advanced centrifuges, so that it could not suddenly upgrade its enrichment capacity after the first 10 years of the agreement and bring its breakout time down from one year to a few weeks almost overnight. Iran would be able to test experimental new centrifuges on a small scale according to a gradual plan.

4.Inspections

Inspectors from the International Atomic Energy Agency (IAEA) would have full access to all Iran’s declared nuclear sites as at present, but with much more advanced technology than they are using now. Inspectors would be able to visit non-declared sites where they think nuclear work might be going on. A commission made up of a range of IAEA members would be set up to judge whether the inspectors’ access requests are justified, and would take its decision by majority vote.

5.Investigation into past activity

Iran has agreed a “road map” with the IAEA officials by which it would provide access to facilities and people suspected of involvement in past experimental work on warhead design, managed by a centralized and covert unit, mostly before 2004. The IAEA would have to certify Iranian cooperation with the inquiry before Iran benefits from sanctions relief.

6.Sanctions relief

As Iran takes the agreed steps listed above to reduce the capacity and proliferation risk of its nuclear infrastructure, the US and EU would provide guarantees that financial and economic sanctions will be suspended or cancelled. The EU would stop its oil embargo and end its banking sanctions, and Iran would be allowed to participate in the Swift electronic banking system that is the lifeblood of international finance. Barack Obama would issue presidential waivers suspending the operation of US trade and financial sanctions.

7.A new UN security council resolution and the arms embargo

The JCPOA will be incorporated into a new security council resolution intended to replace and supersede six earlier sanctions resolutions imposed on Iran over its nuclear program. The resolution will be passed before the end of the month but the agreement will not take effect for 90 days, allowing for the domestic political review to be completed. An arms embargo on Iran would remain in place for five years, and a ban on the transfer of missile technology would stay for eight years.

On July 20,2015 the corresponding resolution on Iran’s nuclear program agreement was adopted by UN Security Council.

Adoption

October 18, 2015 marks “Adoption Day” under the JCPOA – the day on which the JCPOA becomes effective and participants begin to make the necessary preparations for implementation of their JCPOA commitments. In connection with Adoption Day, on October 18, 2015, the United States President issued a memorandum directing his administration to take all appropriate preparatory measures to ensure the prompt and effective implementation of the U.S. commitments set forth in the JCPOA upon Iran’s fulfillment of the requisite conditions. In particular, the US President directed the agencies to take steps to give effect to the U.S. commitments with respect to sanctions described in the JCPOA. In addition, on October 18, 2015, the Secretary of State issued contingent waivers of certain statutory sanctions provisions. These waivers were not currently in effect and will only take effect on Implementation Day.. Thus, the US was signaling Iran that the country was ready to do more than whatw as required to implement the JCPOA.

Next Steps

JCPOA ‘s Annex V – Implementation Plan1 which describes the sequence of the actions specified in the agreement clearly states in section A. Finalization Day (2-4) that Iran and the IAEA will start “developing necessary arrangements to implement all transparency measures provided for in this JCPOA so that such arrangements are completed, in place, and ready for implementation”. Meanwhile, in accordance with the UN Security Council resolution endorsing this JCPOA, the provisions imposed in UN Security Council resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) will be “terminated subject to re-imposition in the event of significant nonperformance by Iran of JCPOA commitments, and specific restrictions, including restrictions regarding the transfer of proliferation sensitive goods will apply”.

Thus, the onus of compliance was primarily on Iran and any failure would result in the re-imposition of the sanctions regoime under the UN. Thus, all concessions given to Iran were conditional on very strict compliance of the JCPOA.

The Role of the International Atomic Energy Agency (IAEA)

The IAEA, United Nations nuclear watchdog, had a crucial role in the implementation of the JCPOA. Theew was also separate “roadmap” agreement between Iran and the IAEA, undr which the agency would have to investigate the military dimensions of Iran’s program, issue a report, and then close Iran’s decade-old file within before the deal could come into effect. For sanctions on Iran to be lifted, the IAEA must first verify that e Iran had honored all its commitments under the July deal, including dismantling large numbers of its centrifuges for uranium enrichment and filling parts of its Arak nuclear site with cement. The closure of the IAEA’s nuclear weaponization probe was one of the prerequisites for the implementation of the JCPA.

The IAEA conducted a 12-year long survey on Iran’s nuclear program. Finally, on December 15, 2015 the IAEA closed the book on the possible military aspects of Iran’s nuclear program, finding that they were limited to feasibility and scientific studies and did not proceed beyond 2009, bringing an international nuclear accord with Iran a step closer to implementation.   The resolution moved Iran another step closer to large-scale sanctions relief following its deal with world powers this summer. Thus, Iran had cleared one of the nuclear deal’s most important hurdles. Iran had yet to complete other provisions for implementing the deal, including removing the core of its plutonium reactor, scrapping much of its nuclear-fuel stockpile and removing thousands of centrifuges from its nuclear facilities. Iranian and U.S. officials have said that could be accomplished as early as January—one month ahead of parliamentary elections in Iran.

On December 15, 2015, IAEA Director-General Yukiya Amano confirmed that Iran was moving quickly to meet its commitments. Iran hoped to put the restrictions in place within two to three weeks. The restrictions Iran must put in place include drastically reducing the number of centrifuges installed at its underground enrichment sites, removing the core vessel of a reactor at Arak and shrinking its stockpile of enriched uranium..

Next Steps

The IAEA must verify that Iran has put the required nuclear restrictions in place for sanctions to be lifted. Iran had been racing to keep its side of the JCPOA deal. The next step was for Iran to complete the necessary preparatory steps to start implementing the JCPOA. On receipt of an IAEA report verifying that Iran had taken all actions specified in the JCPOA, the agency would then terminate the relevant resolutions it had previously passed in connection with Iran’s nuclear program. This will allow Iran to participate in all IAEA technical cooperation activities, for instance. Meanwhile, Iran’s president, Hassan Rouhani, said on December 16, 2015 that Iran would carry out its remaining obligations and would now dismantle some nuclear centrifuges and ship out a major portion of its stockpile of enriched uranium

Implementation Day

The Implementation Day is a major landmark in the JCPOA and will occur only once the IAEA verifies that Iran has implemented key nuclear-related measures specified in the agreement. Several preparatory steps have to be completed by Iran. This will be a major landmark, if and when it occurrs.

The Future of the JCPOA

The United States has taken a step toward lifting at least some sanctions against Iran, with U.S. Secretary of State John Kerry telling the Senate Foreign Relations Committee that Tehran is fulfilling its obligations in a “transparent” and “verifiable” way under an international agreement on its nuclear program. Kerry made the remarks on December 16, 2015. The Obama administration estimated it would not be until spring that Iran would be in compliance with the terms required for sanctions relief to begin. The sanctions, if and when, lifted would give Iran access to billions in frozen assets and oil revenue. Thus, the United States appeared poised to lift at least some sanctions against Iran — possibly as early as January 2016.

It took a great effort on the part of the US and Iran to reach this agreement. Iran made concessions in order to get rid of the sanctions regime which was crippling its economy. The people of Iran also wanted to end this confrontation with the West. The adoption of the resolution had become the breakthrough in relations between IAEA and Iran. Although, the IAEA’s report strongly suggesting Iran had engaged in activities aimed at developing a nuclear bomb up until 2003 and that there was no credible sign of weapons-related work beyond 2009. Despite the finding, the international response to the report had been “muted”, indicating a desire to go ahead with an agreement that “allayed fears of a wider Middle East war over Iran’s nuclear ambitions, rather than dwell on its past actions”.

Under the JCPOA Iran pledged never under any circumstances to seek, develop or acquire nuclear weapons, and the UN Security Council is to consider ending sanctions imposed for its NPT violations once it receives IAEA’s report on verification. Once the deal was implemented, most U.S., U.N. and European Union economic and financial sanctions would be suspended, including Europe’s embargo on Iranian energy. However, an arms ban will remain in replace as well as sanctions on dozens of people and companies associated with Iran’s nuclear program. Iran will also have to seek permission to import so-called dual-use goods, which could be used in an illicit nuclear program. Other U.S. sanctions related to human-rights abuses and support for terror groups, including a “near-comprehensive embargo” on U.S. trade with Iran, will remain in place.

Much work lies ahead to reach this agreement and a further sustained effort will be required to implement it. It isn’t gong o be easy at all. With the lifting of sanctions, Iran was poised to add a half million barrels a day to the saturated world oil supply by mid-2016, once the sanctions relief goes into effect, said Sara Vakhshouri, a senior energy fellow at the Atlantic Council think tank in Washington. Positive news on Iran’s nuclear agreement with world powers “could have a psychological downward impact on the global oil prices,” Vakhshouri said. “This could happen even before Iran increases its export volumes.” Notwithstanding he criticisms, the JCPOA has the potential to provide stability, security and economic prosperity to Iran and thereby help stabilize a volatile region.

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Iranians move into front line of the Middle East’s quest for religious change

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A recent online survey by scholars at two Dutch universities of Iranian attitudes towards religion has revealed a stunning rejection of state-imposed adherence to conservative religious mores as well as the role of religion in public life.

Although compatible with a trend across the Middle East, the survey’s results based on 50,000 respondents, who overwhelmingly said they resided in the Islamic republic, suggested that Iranians were in the frontlines of the region’s quest for religious change.

The trend puts a dent in the efforts of Iran as well as its rivals, Saudi Arabia, Turkey, and the United Arab Emirates, that are competing for religious soft power and leadership of the Muslim world.

Among the rivals, the UAE, populated in majority by non-nationals, is the only one to start acknowledging changing attitudes and demographic realities. Authorities in November lifted the ban on consumption of alcohol and cohabitation among unmarried couples.

Nonetheless, the change in attitudes threatens to undercut the efforts of Iran as well as its Middle Eastern competitors to cement their individual interpretations of Islam as the Muslim world’s dominant narrative by rejecting religious dogma and formalistic and ritualistic religious practice propagated and/or imposed by governments and religious authorities.

“It becomes an existential question. The state wants you to be something that you don’t want to be,” said Pooyan Tamimi Arab, one of the organizers of the Iran survey, speaking in an interview. “Political disappointment steadily turned into religious disappointment… Iranians have turned away from institutional religion on an unprecedented scale.”

In a similar vein, Turkish art historian Nese Yildiran recently warned that a fatwa issued by President Recep Tayyip Erdogan’s Directorate of Religious Affairs or Diyanet declaring popular talismans to ward off “the evil eye” as forbidden by Islam fueled criticism of one of the best-funded branches of government.

The fatwa followed the issuance of similar religious opinions banning the dying of men’s moustaches and beards, feeding dogs at home, tattoos, and playing the national lottery as well as statements that were perceived to condone or belittle child abuse and violence against women.

Funded by a Washington-based Iranian human rights groups, the Iranian survey, coupled with other research and opinion polls across the Middle East and North Africa, suggests that not only Muslim youth, but also other age groups, who are increasingly sceptical towards religious and worldly authority, aspire to more individual, more spiritual experiences of religion.

Their quest runs the gamut from changes in personal religious behaviour to conversions in secret to other religions because apostasy is banned and, in some cases, punishable by death to an abandonment of religion in favour of agnosticism or atheism.

Responding to the Iranian survey, 80 per cent of the participants said they believed in God but only 32.2 per cent identified themselves as Shiite Muslims, a far lower percentage than asserted in official figures of predominantly Shiite Iran.

More than a third of the respondents said that they either did not belong to a religion or were atheists or agnostics. Between 43 and 53 per cent, depending on age group, suggested that their religious views had changed over time with six per cent of those saying that they had converted to another religious orientation.

Sixty-eight per cent said they opposed the inclusion of religious precepts in national legislation. Seventy per cent rejected public funding of religious institutions while 56 per cent opposed mandatory religious education in schools. Almost 60 per cent admitted that they do not pray, and 72 per cent disagreed with women being obliged to wear a hijab in public.

An unpublished slide of the survey shows the change in religiosity reflected in the fact that an increasing number of Iranians no longer name their children after religious figures.

A five-minute YouTube clip allegedly related to Iran’s Revolutionary Guards attacked the survey despite having distributed the questionnaire once the pollsters disclosed in their report that the poll had been supported by an exile human rights group.

“Tehran may well be the least religious capital in the Middle East. Clerics dominate the news headlines and play the communal elders in soap operas, but I never saw them on the street, except on billboards. Unlike most Muslim countries, the call to prayer is almost inaudible… Alcohol is banned but home delivery is faster for wine than for pizza… Religion felt frustratingly hard to locate and the truly religious seemed sidelined, like a minority,” wrote journalist Nicholas Pelham based on a visit in 2019 during which he was detained for several weeks.

The survey’s results as well as observations by analysts and journalists like Mr. Pelham stroke with responses to various polls of Arab public opinion in recent years that showed that, despite 40 per cent of those polled defining religion as the most important constituent element of their identity, 66 per cent saw a need for religious institutions to be reformed.

The polls suggested further that public opinion would support the reconceptualization of Muslim jurisprudence to remove obsolete and discriminatory concepts like that of the kafir or infidel.

Responses by governments in Iran, Saudi Arabia and elsewhere in the Middle East to changing attitudes towards religion and religiosity demonstrate the degree to which they perceive the change as a threat, often expressed in existential terms.

In one of the latest responses, Mohammad Mehdi Mirbaqeri, a prominent Shiite cleric and member of Iran’s powerful Assembly of Experts that appoints the country’s supreme leader, last month described Covid-19 as a “secular virus” and a declaration of war on “religious civilization” and “religious institutions.”

Saudi Arabia went further by defining the “calling for atheist thought in any form” with terrorism in its anti-terrorism law. Saudi dissident and activist Rafi Badawi was sentenced on charges of apostasy to ten years in prison and 1,000 lashes for questioning why Saudis should be obliged to adhere to Islam and asserting that the faith did not have answers to all questions.

Analysts, writers, journalists, and pollsters have traced changes in attitudes in the Middle East and North Africa for much of the past decade.

Kuwaiti writer Sajed al-Abdali noted in 2012 that “it is essential that we acknowledge today that atheism exists and is increasing in our society, especially among our youth, and evidence of this is in no short supply.”

Mr. Arab argues nine years later that his latest survey “shows that there is a social basis” for concern among authoritarian and autocratic governments that employ religion to further their geopolitical goals and seek to maintain their grip on potentially restive populations.

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Sign of a Volcano Erupting in Iran

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Since its inception in 1979, the Iranian regime has relied on two pillars to sustain its hold on power: relentless repression at home, and terrorism and warmongering abroad. Since the regime is out of step with the modernity of the 21st century, it needs to resort to belligerent policies in order to impose itself upon the existing international order.

Regime leaders know that it is exactly their foreign transgressions that have now become a source of serious alarm for European and American interlocutors. Even if a new round of negotiations were to take place, both the Supreme Leader, Ali Khamenei, and the President, Hassan Rouhani, understand that the nuclear issue will not be the only topic of conversation.

In a speech on January 8, Khamenei insisted on the regime’s regional adventurism and missiles program, saying that “the Islamic Republic has a duty to act in a way that strengthens its friends and supporters in the region.” Tehran has always made renouncing regional influence and its missiles program a red line. 

However, speaking on behalf of the European Union, German Foreign Minister Haiku Moss has said that a reinvigorated Iran deal must include new nuclear restrictions as well as an end to the testing of ballistic missiles. At the same time, he called for “limitation of Iran’s regional power” in the form of a “new agreement.”

Therefore, one of the pillars of the regime’s survival (foreign adventurism) has clearly been targeted by foreign powers. The other (domestic repression) is being challenged by the Iranian people.

A Social Volcano about to Erupt

In recent months, hundreds of centers controlled by the Islamic Revolutionary Guard Corps (IRGC), the paramilitary Bassij, and the Ministry of Intelligence and Security (MOIS) have been targeted by young activists seeking to overthrow the regime. Simultaneously, posters and banners of regime leaders like Khamenei and eliminated Qods Force commander Qassem Soleimani have been torched across the country.

The regime often blames these acts of dissent on “Resistance Units,” which are organized teams of young dissidents calling for the theocracy’s overthrowand reported to be affiliated with the Mujahedin-e Khalq (MEK).A few short months before the massive November 2019 uprisings in Iran, the Minister of Intelligence Mahmoud Alavi claimed 116 of these “teams have been dealt with” in a matter of months. That is an indication that Tehran is witnessing a significant rise in such activities.

Time will tell if the trajectory of Iranian politics would experience a radical departure in the form of the regime’s ultimate collapse. All indicators are that the pace and depth of resistance appear to be increasing. Therefore, officials in Tehran may not be as optimistic as the rest of us about what lies ahead in 2021.

Warnings of Mass Uprisings

Practically every media outlet or official in Iran has been warning of a pending social explosion due to prevalent poverty and rampant unemployment. For example, one state-run daily refers to the worrying conditions and the lack of a “barrier against the volcano of the hungry” (Arman, December 26, 2020).

Another warns that “in an instant and with a simple spark of provocation, the Army of the Hungry may revolt.” (Hamdeli, December 20, 2020).The Iranian economy is collapsing andmore than 70% of society now lives below the poverty line.

Despite the supreme leader’s empty rhetoric and desperate show of power, he is well aware that he must negotiate and so that the sanctions on the sale of oil are eased, albeit in small quantities, in order to avoid more uprisings.

Khamenei is Weak and Vulnerable

Despite the danger of a social explosion, however, Khamenei and his regime are now at their weakest point since 1979. They cannot enter negotiations with US President Biden and Europe at this time. Khamenei can ill afford to look weak by backing down and engaging in such talks, especially prior to the presidential elections in June. So, he has decided to close ranks instead of opening up.

Khamenei is looking to limit rival factions’ power, including those supporting Rouhani. During the recent parliamentary elections, he pretty much purged so-called “reformist” candidates. Recent laws defining new conditions for presidential candidates have paved the way for Khamenei’s allies – like parliamentary speaker Mohammad Baqer Qalibaf – to replace Rouhani. Khamenei calculates that once he has closed ranks and his faction controls all the levers of power, including the presidency, parliament, and judiciary, he would be able to entertain negotiations.

At the same time, he is trying to gain as much leverage in the nuclear arena in order to avoid giving concessions in other areas. Khamenei wants to boost the morale of his forces. Doling out regional or missile concessions would spell disaster for that strategy, leading to more defections in the ranks of the IRGC.Still, due to the sanctions, he is between a rock and a hard place. His regime is at its weakest point in history and extremely vulnerable.

One of the extremely unpopular moves he recently made was that he personally banned the import of coronavirus vaccines from France, Britain, and the US. Average Iranians, who have lost tens of thousands of loved ones to the virus and are reeling under the severe economic ramifications, are furious.

The Iranian society is growing more enraged at the regime by the day. Calls for overthrow, as indicated in the November 2019 uprising, are growing. Meanwhile, the regime has little leverage to demand the lifting of sanctions as both Europe and Washington target its regional interference and missiles program. With options severely narrowing, the regime may finally be at the end of its rope.

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100th Anniversary of the Turkish Constitution

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Teşkilatı-Esasiye Law, the law provides for the establishment of the State of Turkey on January 20, 1921. This law also carries its status as Turkey’s first constitution.

The Ottoman State displayed a submissive understanding in the face of the occupations experienced in its last period. The people displayed an important struggle for independence by showing the necessary reaction and effort during the 1st World War against these invasions. After the war, Mustafa Kemal Ataturk, exhibited a legitimate ground to fit this into the struggle for independence and contemporary, landed in Samsun on May 19, 1919 to establish a modern Turkey. This date was also the first step in the War of Independence launched against the occupations across the country.

After Samsun, Mustafa Kemal, who held various meetings and congresses in Amasya and Erzurum, respectively, went to Sivas from here and held the Sivas Congress with the representatives determined by the people from every province. September 4, 1919 at the congress held in Sivas with the participation of delegates from all over Turkey, Istanbul until the establishment of the new Chamber of Deputies of the general elections made the government decide to cut all formal ties. A Council of Representatives was established in order to establish a new administrative and political organization throughout the country.

As a result of the election held in 1920, the last Parliamentary Assembly of the Ottoman Empire was established, but on March 16, 1920, Istanbul was occupied by the British and the pro-National Struggle MPs were arrested. The parliament that convened on March 18 announced that it dissolved itself. With the dissolution of the last Ottoman Parliament, Mustafa Kemal announced in the statement he published on behalf of the Representation Committee that he wanted the MPs who could escape the occupation in Istanbul to come to Ankara.

The Grand National Assembly was Established

MPs who managed to escape secretly from Istanbul deputies from all over Turkey, Mustafa Kemal’s leadership in Ankara on 23 April 1920, which was collected and laid the foundations of the Republic of Turkey Grand National Assembly was opened. The next day, on April 24, 1920, Mustafa Kemal Pasha was elected president of the Grand National Assembly. The Assembly, which adopted the principle of unity of forces, thus started its work to ensure the independence of the nation and the liberation of the state.

Mustafa Kemal Pasha, as the Speaker of the Assembly, presented a draft on September 13, 1920 with the title “Populism Program” consisting of 31 articles. For the draft, Mustafa Kemal said, “The nature of our existence, the essentiality of the nation, has proved the general trend of the nation, it is populism and the people’s government. It means that governments fall into the hands of the people ”and stated that this is an obligation. On September 18, 1920, the Populism Program prepared by the government was read in the Parliament. Malatya Deputy Lütfi Bey “This statement contains many principles”. First of all, I recommend him to go to the Principles of Law ”. Trabzon Deputy Ali Şükrü Bey stated that this draft was not a draft law and did not want it to be sent to the committee. In his speech, Minister of Finance Ferit Bey underlined that the draft law is a draft law and said, “This program is the political program of the government.”

At the end of the discussions, it was decided to send the program to a special committee consisting of three people from each branch. The members of the special commission named Encümen-i Mahsus were determined on September 25 and started their work. The Council completed its first work on October 21, 1920, and the program was put on the parliament’s agenda on October 27. The Council made some changes in the Fundamental and Administration sections of the Government Program and arranged this as a draft Law of Organization. He presented the justification of the arrangement he made to the Parliament. The draft law prepared by the Encümen-i Mahsus, which was submitted to the Parliament as the Fundamental Law of the Organization, consisted of 23 articles and two sections as Mevaddı Fundamental and Administrative. Some of the articles in the Populism Program were not included in the Draft Law on the Organization-ı Esasiye, which was arranged by the Encümen-i Mahsus and submitted to the Assembly. Article 5, which includes the subject of caliphate and sultanate, Article 10, which includes the number of people in the Grand National Assembly, and Article 16 regarding the army, were not included in the Draft Law on the Principles of Organization. While 11 items were accepted as they are, changes were made on 12 items. An Article-i Individual was added by the Encümen-i Mahsus. It was requested that the articles and provisions of the Basis of the Law, which were not contradicted to the law at the time the draft Law on the Principles of the Organization was discussed in the Assembly. However, as the Speaker of the Assembly Mustafa Kemal opposed this request, such a provision was not included in the Constitutional Law of the Organization. Therefore, with the Law of Fundamentals of the Organization, his relationship with the Ottoman Empire’s Basis of Law was officially terminated.

These discussions lasted about five months. The Fundamental Organization Law was accepted in the Parliament on January 20, 1921. A special method and quorum was not sought in the adoption of the law. Mustafa Kemal sent the Law of Constitution to the Grand Vizier Tevfik Pasha by telegram. No. 85 “Organization Fundamental Law” Article 23, and also carries the distinction of being Turkey’s first constitution, which consists of discrete items. One of the most important features of this Constitution is that even though the Ottoman Empire did not come to an end, it was declared that it would be administered by the Grand National Assembly and that sovereignty belonged to the nation, and the system, which was actually implemented with the principle of unity of powers, was placed on a constitutional basis.

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