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.
Process to draft Syria constitution begins this week
The process of drafting a new constitution for Syria will begin this week, the UN Special Envoy for the country, Geir Pedersen, said on Sunday at a press conference in Geneva.
Mr. Pedersen was speaking following a meeting with the government and opposition co-chairs of the Syrian Constitutional Committee, who have agreed to start the process for constitutional reform.
The members of its so-called “small body”, tasked with preparing and drafting the Constitution, are in the Swiss city for their sixth round of talks in two years, which begin on Monday.
Their last meeting, held in January, ended without progress, and the UN envoy has been negotiating between the parties on a way forward.
“The two Co-Chairs now agree that we will not only prepare for constitutional reform, but we will prepare and start drafting for constitutional reform,” Mr. Pedersen told journalists.
“So, the new thing this week is that we will actually be starting a drafting process for constitutional reform in Syria.”
The UN continues to support efforts towards a Syrian-owned and led political solution to end more than a decade of war that has killed upwards of 350,000 people and left 13 million in need of humanitarian aid.
An important contribution
The Syrian Constitutional Committee was formed in 2019, comprising 150 men and women, with the Government, the opposition and civil society each nominating 50 people.
This larger group established the 45-member small body, which consists of 15 representatives from each of the three sectors.
For the first time ever, committee co-chairs Ahmad Kuzbari, the Syrian government representative, and Hadi al-Bahra, from the opposition side, met together with Mr. Pedersen on Sunday morning.
He described it as “a substantial and frank discussion on how we are to proceed with the constitutional reform and indeed in detail how we are planning for the week ahead of us.”
Mr. Pedersen told journalists that while the Syrian Constitutional Committee is an important contribution to the political process, “the committee in itself will not be able to solve the Syrian crisis, so we need to come together, with serious work, on the Constitutional Committee, but also address the other aspects of the Syrian crisis.”
North Africa: Is Algeria Weaponizing Airspace and Natural Gas?
In a series of shocking and unintelligible decisions, the Algerian Government closed its airspace to Moroccan military and civilian aircraft on September 22, 2021, banned French military planes from using its airspace on October 3rd, and decided not to renew the contract relative to the Maghreb-Europe gas pipeline, which goes through Morocco and has been up and running since 1996–a contract that comes to end on October 31.
In the case of Morocco, Algeria advanced ‘provocations and hostile’ actions as a reason to shut airspace and end the pipeline contract, a claim that has yet to be substantiated with evidence. Whereas in the case of France, Algeria got angry regarding visa restrictions and comments by French President Emmanuel Macron on the Algerian military grip on power and whether the North African country was a nation prior to French colonization in 1830.
Algeria has had continued tensions with Morocco for decades, over border issues and over the Western Sahara, a territory claimed by Morocco as part of its historical territorial unity, but contested by Algeria which supports an alleged liberation movement that desperately fights for independence since the 1970s.
With France, the relation is even more complex and plagued with memories of colonial exactions and liberation and post-colonial traumas, passions and injuries. France and Algeria have therefore developed, over the post-independence decades, a love-hate attitude that quite often mars otherwise strong economic and social relations.
Algeria has often reacted to the two countries’ alleged ‘misbehavior’ by closing borders –as is the case with Morocco since 1994—or calling its ambassadors for consultations, or even cutting diplomatic relations, as just happened in August when it cut ties with its western neighbor.
But it is the first-time Algeria resorts to the weaponization of energy and airspace. “Weaponization” is a term used in geostrategy to mean the use of goods and commodities, that are mainly destined for civilian use and are beneficial for international trade and the welfare of nations, for geostrategic, political and even military gains. As such “weaponization” is contrary to the spirit of free trade, open borders, and solidarity among nations, values that are at the core of common international action and positive globalization.
Some observers advance continued domestic political and social unrest in Algeria, whereby thousands of Algerians have been taking to the streets for years to demand regime-change and profound political and economic reforms. Instead of positively responding to the demands of Algerians, the government is probably looking for desperate ways to divert attention and cerate foreign enemies as sources of domestic woes. Morocco and France qualify perfectly for the role of national scapegoats.
It may be true also that in the case of Morocco, Algeria is getting nervous at its seeing its Western neighbor become a main trade and investment partner in Africa, a role it can levy to develop diplomatic clout regarding the Western Sahara issue. Algeria has been looking for ways to curb Morocco’s growing influence in Africa for years. A pro-Algerian German expert, by the name of Isabelle Werenfels, a senior fellow in the German Institute for International and Security Affairs, even recommended to the EU to put a halt to Morocco’s pace and economic clout so that Algeria could catch up. Weaponization may be a desperate attempt to hurt the Moroccan economy and curb its dynamism, especially in Africa.
The impact of Algeria’s weaponization of energy and airspace on the Moroccan economy is minimal and on French military presence in Mali is close to insignificant; however, it shows how far a country that has failed to administer the right reforms and to transfer power to democratically elected civilians can go.
In a region, that is beleaguered by threats and challenges of terrorism, organized crime, youth bulge, illegal migration and climate change, you would expect countries like Algeria, with its geographic extension and oil wealth, to be a beacon of peace and cooperation. Weaponization in international relations is inacceptable as it reminds us of an age when bullying and blackmail between nations, was the norm. The people of the two countries, which share the same history, language and ethnic fabric, will need natural gas and unrestricted travel to prosper and grow and overcome adversity; using energy and airspace as weapons is at odds with the dreams of millions of young people in Algeria and Morocco that aspire for a brighter future in an otherwise gloomy economic landscape. Please don’t shatter those dreams!
Breaking The Line of the Israel-Palestine Conflict
The conflict between Israel-Palestine is a prolonged conflict and has become a major problem, especially in the Middle East region.
A series of ceasefires and peace negotiations between Israel and Palestine that occurred repeatedly did not really “normalize” the relationship between the two parties.
In order to end the conflict, a number of parties consider that the two-state solution is the best approach to create two independent and coexistent states. Although a number of other parties disagreed with the proposal, and instead proposed a one-state solution, combining Israel, the West Bank, and the Gaza Strip into one big state.
Throughout the period of stalemate reaching an ideal solution, the construction and expansion of settlements carried out illegally by Israel in the Palestinian territories, especially the West Bank and East Jerusalem, also continued without stopping and actually made the prospect of resolving the Israeli-Palestinian crisis increasingly eroded, and this could jeopardize any solutions.
The attempted forced eviction in the Sheikh Jarrah district, which became one of the sources of the conflict in May 2021, for example, is an example of how Israel has designed a system to be able to change the demographics of its territory by continuing to annex or “occupy” extensively in the East Jerusalem area. This is also done in other areas, including the West Bank.
In fact, Israel’s “occupation” of the eastern part of Jerusalem which began at the end of the 1967 war, is an act that has never received international recognition.
This is also confirmed in a number of resolutions issued by the UN Security Council Numbers 242, 252, 267, 298, 476, 478, 672, 681, 692, 726, 799, 2334 and also United Nations General Assembly Resolutions Number 2253, 55/130, 60/104, 70/89, 71/96, A/72/L.11 and A/ES-10/L.22 and supported by the Advisory Opinion issued by the International Court of Justice (ICJ) in 2004 on Legal Consequences of The Construction of A Wall in The Occupied Palestine Territory which states that East Jerusalem is part of the Palestinian territories under Israeli “occupation”.
1 or 2 country solution
Back to the issue of the two-state solution or the one-state solution that the author mentioned earlier. The author considers that the one-state solution does not seem to be the right choice.
Facts on the ground show how Israel has implemented a policy of “apartheid” that is so harsh against Palestinians. so that the one-state solution will further legitimize the policy and make Israel more dominant. In addition, there is another consideration that cannot be ignored that Israel and Palestine are 2 parties with very different and conflicting political and cultural identities that are difficult to reconcile.
Meanwhile, the idea of a two-state solution is an idea that is also difficult to implement. Because the idea still seems too abstract, especially on one thing that is very fundamental and becomes the core of the Israel-Palestine conflict, namely the “division” of territory between Israel and Palestine.
This is also what makes it difficult for Israel-Palestine to be able to break the line of conflict between them and repeatedly put them back into the status quo which is not a solution to the Israel-Palestine conflict.
The status quo, is in fact a way for Israel to continue to “annex” more Palestinian territories by establishing widespread and systematic illegal settlements in the West Bank and East Jerusalem. Today, more than 600,000 Israeli settlers now live in the West Bank and East Jerusalem.
In fact, a number of resolutions issued by the UN Security Council have explicitly and explicitly called for Israel to end the expansion of Israeli settlement construction in the occupied territory and require recognition of the sovereignty, territorial integrity and political independence of the region.
Thus, all efforts and actions of Israel both legislatively and administratively that can cause changes in the status and demographic composition in East Jerusalem and the West Bank must continue to be condemned. Because this is a violation of the provisions of international law.
To find a solution to the conflict, it is necessary to look back at the core of the conflict that the author has mentioned earlier, and the best way to resolve the Israeli-Palestinian conflict is to encourage Israel to immediately end the “occupation” that it began in 1967, and return the settlements to the pre-Islamic borders 1967 In accordance with UN Security Council resolution No. 242.
But the question is, who can stop the illegal Israeli settlements in the East Jerusalem and West Bank areas that violate the Palestinian territories?
In this condition, international political will is needed from countries in the world, to continue to urge Israel to comply with the provisions of international law, international humanitarian law, international human rights law and also the UN Security Council Resolutions.
At the same time, the international community must be able to encourage the United Nations, especially the United Nations Security Council, as the organ that has the main responsibility for maintaining and creating world peace and security based on Article 24 of the United Nations Charter to take constructive and effective steps in order to enforce all United Nations Resolutions, and dare to sanction violations committed by Israel, and also ensure that Palestinian rights are important to protect.
So, do not let this weak enforcement of international law become an external factor that also “perpetuates” the cycle of the Israel-Palestine conflict. It will demonstrate that John Austin was correct when he stated that international law is only positive morality and not real law.
And in the end, the most fundamental thing is that the blockade, illegal development, violence, and violations of international law must end. Because the ceasefire in the Israel-Palestine conflict is only a temporary solution to the conflict.
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