Principles of Atatürk and History of Turkish Revolution II: Treaty and Its Aftermath: The Peace Treaty and Its
Principles of Atatürk and History of Turkish Revolution II: Treaty and Its Aftermath: The Peace Treaty and Its
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The Birth of the Turkish Republic
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Principles of Atatürk and History of Turkish Revolution II
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The Birth of the Turkish Republic
Even though İsmet Pasha determined the limits Turkish delegation had instructions from Ankara
of the discussions that would insure peace, the not to deviate from the principles set by the
Allied Powers pretended to see the Turkish War of National Pact (Misak-ı Milli) (Sonyel, 1989,
Independence as a war between Greece and Turkey. p.97). İsmet Pasha responded to the Allied claims
Therefore, they treated the Turkish delegation with his own unique tactics: he used his hearing
as a supplicant rather than the representative of loss as an excuse to contest every point, however
a government with recent victories. Moreover, minor; he read long prepared statements to delay
the Allied Powers tried to discuss the status of the debates; and he consulted his colleagues so as
Armenians and Kurds in Turkey but the Turkish to ensure that he had enough time to follow the
delegation rejected to discuss these matters in this instructions from Ankara (Zürcher, 1993, p.161).
conference and even declared that this would end Meanwhile, Mustafa Kemal Pasha, the Head of
peace talks. Meanwhile, the British delegation the TGNA, followed every step of the conference
headed by Lord Curzon tried to dominate the talks and conveyed his orders via telegraph. If
conference from the beginning. Lord Curzon even the principles set forth by the Turkish delegation
appointed himself president of the conference. could not be met, then the plan was to create the
Nevertheless, the Turkish delegation did not idea that the war would continue. In other words,
allow the Allies to forget that the Turks were the the Turks, in the words of Horace Rumbold, the
victors who defeated the Allies during the Turkish High Commissioner of the Britain in Istanbul,
national struggle (Zürcher, 2004, p.161). The first went to the conference the National Pact in one
day of the conference, with all the tension, ended hand and a sword in the other.” (Sonyel, 1974,
with the establishment of three sub-commissions p.53). The unreasonable demands made by
all of which were to be chaired by the Allies. The the British, who seemed to be controlling the
first commission was on the territorial (borders, conference and the Allied claims indicating that
nationality, minorities, the Straits) and military they insisted on maintaining their earlier interests
questions and chaired by Lord Curzon; the second in the Ottoman Empire were totally against the
commission was on the future of the judicial status National Pact. Little was achieved through the
of foreigners in Turkey and chaired by the French endless discussions, and the patronizing tone of
ambassador Camille Barrère; and the third was the Allies created a bad tempered atmosphere. The
on the financial and economic issues and chaired Allies presented the Turkish delegation “a draft
by the Italian Diplomat Marquis Garone (Sosyal, treaty, which it considered its final offer” which
1989, p.71). made a list of their claims. The Turkish delegation
The first phase of the conference started with “refused to sign” on February 4, 1923, then left
these commissions on November 21 and continued the conference venue, and the conference was
with endless negotiations. France and Britain were interrupted on February 5, 1923. (Zürcher, 1993,
the main supporters of Greece throughout the p.161). The unacceptable offers made by the Allies
conference and at the same time guarded their old to Turkey were interpreted by Mustafa Kemal as
policies of interests. During the peace meetings, “…our addressees (the Allies) at the conference
the participants of both sides discussed the were preparing to settle up not a three or four-
topics concerning the minorities in the Ottoman year-old, but a three or four hundred-century-old
Empire, borders, the Straits, Thrace, Ottoman account...” (Ökçün, 1997, p.212).
debts and capitulations, war compensation, the When the Turkish delegation left the conference
Sandjak of Alexandretta (İskenderun-Hatay), venue and went back to Turkey to discuss the matters
Mosul, and Orthodox Patriarchate. There was pertaining to Allied claims and offers, the first phase
also the discussion about the population exchange of the peace talks at Lausanne had come to an end.
between Turkey and Greece as proposed by the It should be noted here that in the first phase of this
Greeks. The question of Mosul, Ottoman debts conference, after long debates, a separate convention
and capitulations, Thrace, war compensation and comprising 19 articles was signed by Greece and
the Allied withdrawal from Istanbul were among Turkey on January 30, 1923: The Convention
the first issues discussed in the conference. The Concerning the Exchange of Greek and Turkish
participants could not agree on the terms. The Populations. (Hirschon, 2004, p.6).
6
Principles of Atatürk and History of Turkish Revolution II
This convention excluded the Turks who resided in and it would continue her struggle against adverse
Western Thrace and the Greeks who lived in Istanbul, interferences and defend her independence” (Ökçün,
and it covered the Turks in Macedonia and Thessaly 1997, p.211). In his speech, he also said that this new
and the Greeks in Western Anatolia. The Convention state was not going to be a gendarme of the foreign
was ratified by Turkey on August 23, 1923 and by capital but the owner of the national sources, and it
Greece on August 25, 1923. It was put into practice was going to accept foreign investments as long as
on January 27, 1925 (League of Nations, Treaty Series, they respected the rights of Turkey (Ökçün, 1997,
1925, p.77). Furthermore, territorial problems p.211). He also added: “We cannot turn our country
concerning the borders in Thrace and the future regime into one of slaves…our interlocutors (the Allies)
of the Straits were resolved in February 1923 before the at the conference do not realize that the Ottoman
conference was interrupted (Zürcher, 1993, p.161).
Empire has passed into history, and today there is a
After the Turkish delegation returned to Turkey, new Turkey. The nation who established this country
criticism arose both against İsmet Pasha and the Allies is determined, faithful and brave enough not to
at the TGNA. It was Mustafa Kemal, who had to compromise on full independence and national
intervene in the discussions at the TGNA by saying: sovereignty” (Ökçün, 1997, p.212). He further said
“Friends, the matter at stake is indeed worrisome and
the following: “Those who conquer by the sword
critical. Discussing it with anger is inappropriate;
are condemned to be defeated by the plough.” Thus
therefore, I will take the liberty to invite all my friends
he defined Turkey’s economic policy as: “No matter
to keep calm.” (Zürcher, 2004, p.162).
how great political and military victories may be, they
While there was criticism in the TGNA
must be crowned by economic victories. Otherwise,
following the interruption of the Lausanne Peace
they cannot be maintained, but will be extinguished”
talks, an economic congress was held in İzmir
(Ökçün, 1997, p.206, 210).
on February 17, 1923. This congress conveyed
important messages about future Turkish policies In addition to Mustafa Kemal’s, the speech
concerning economy but also included statements by Mahmut Esat (Bozkurt) Bey, was also full of
about general policies and diplomacy. important messages to the Allies, especially about
Turkey’s future economic policies. The Minister,
like Atatürk, said that Turkey was to welcome
İzmir Economic Congress
foreign capital “on condition that it conforms to
İzmir Economic Congress started on February 17 our laws and regulations and is not granted more
and continued until March 14, 1923. İzmir Economic privileges than Turks” (Ökçün, 1997, p.220). All in
Congress had two targets: one was to determine the all, Mustafa Kemal’s and Mahmut Esat’s speeches
economic policies, the other to send a message to delivered at the İzmir Economic Congress set the
the Allied Powers (Hale, 1984, p.154). In his speech indispensable Turkish principles for a definitive
delivered at this Congress, Mustafa Kemal discussed peace and reminded the Allies that if they wanted
and criticized the previous and current policies which to have peace with Turkey and to have investments
affected Turkey. He first criticized the Ottoman in Turkey, they had to accept these terms.
Empire and said: “by assuming sole responsibility
for military and administrative affairs during the
long centuries of the Ottoman rule, the Turks had The Second Phase of the Lausanne
been unable to give thought and attention to their Peace Conference
own economic activities and that this had led to the During the period when Lausanne Peace
economic decline of the empire.” Mustafa Kemal Conference was interrupted, correspondences
also stated that this decline caused “the Ottoman continued between the TGNA and the Allied
Empire to become a semi-colony of the European powers. Finally, the Allies accepted to discuss
powers via the capitulations since they were able to the Turkish terms which were delivered by the
give little attention to their own economic activities TGNA on February 29, 1923. The second phase
because of war. Nevertheless, this new Turkish state of the peace talks restarted on April 23, 1923.
was not going to be a colony of the imperialists, Actually, the date of April 23 was important for
Turkey since the TGNA was founded and opened
7
The Birth of the Turkish Republic
in 1920 on that day. Meanwhile, the opponents The main topics in the articles of the Lausanne
of Mustafa Kemal, both Islamists and liberal Peace Treaty were listed under five parts. Part I was
‘Westerners’, were maneuvering the Assembly to about Political Clauses together with sections such
restore the Sultanate in a new form. Upon these as Territorial Clauses, Special Provisions, Nationality,
attempts, Mustafa Kemal and his supporters and Protection of the Minorities (The Treaties of Peace,
decided to dissolve the TGNA on April 1, 1923 1924, p.961-973). Part II was about Financial Clauses
to concentrate on the Lausanne Conference including sections such as Ottoman Public Debt,
(Ahmad, 1993, p.53). Miscellaneous Clauses (The Treaties of Peace, 1924,
When the conference reconvened, the British p.974-985). Part III was about Economic clauses
delegation was headed by Sir Horace Rumbold, the including the following sections: Property, Rights and
High Commissariat of Britain in İstanbul during Interests, Contracts, Prescriptions and Judegements,
the occupation, and the French delegation was and an annex on Life Assurance, Industrial, Literary
led by General Maurice Cesar Joseph Pellé. After and Artistic Property, Mixed Arbitral Tribunal, and
months of hard discussions, conflicts and debates, Treaties (The Treaties of Peace, 1924, p.986-1006).
the Lausanne Peace Treaty was finally signed on Part IV was about Communications and Sanitary
July 24, 1923 (Zürcher, 2004, p.162). This treaty, Questions (The Treaties of Peace, 1924, p.1007-
which is composed of 143 articles and additional 1012). Part V was about Miscellaneous Provisions
protocols, in fact, was the last one of the treaties with the following sections: Prisoners of War, Graves,
that ended World War I. General Provisions (The Treaties of Peace, 1924,
p.1013-1022). In addition to these, there were also
additional conventions/protocols signed on July 24,
1923.
Turkey’s international borders were determined
according to the previously signed treaties between
the TGNA governments and the related countries.
Turkey’s border with Syria was to be the same as was
accepted in the Ankara Treaty of October 20, 1921
(Article 3). As a result, the Sandjak of Alexandretta
was left within the borders of Syria (The Treaties
of Peace, 1924, p.962; Zürcher, 2004, p.162). A
solution to the problem of the Iraqi border could
not be achieved during the conference since the
Mosul-Kirkuk issue needed settlement before any
agreement could be reached. The decision was made
on this issue through negotiations between Turkey
and Britain within the next nine months (Article
3) (The Treaties of Peace, 1924, p.962). Although
meetings were held between Turkey and Britain,
Mosul was lost to Iraq in 1926 with the political
maneuvers of Britain, which was ruling Iraq at that
time as a mandatory power (Soysal, 1989, p.308).
Figure 1.2 İsmet Pasha pictured in the Journal L’Illustre The border in Western Thrace was accepted as
dated 2 August 1923 one week after the Lausanne Treaty set out by the Armistice of Mudanya; accordingly,
was signed. Karaağaç, a town in Thrace, was given to Turkey by
Source: https://historyontheorientexpress.tumblr.com/
Greece as a war compensation to make reparations
post/147890588036/isvi%C3%A7re-lillustr%C3%A9-
for the damage caused in Anatolia by Greece listed
dergisi-kapa%C4%9F%C4%B1ndan-ismet-pa%C5%9Fa
in the Article 59 (League of Nations, Treaty Series,
1924, p.51, 217).
The issue of the islands bordering Turkey was
also resolved through the Treaty. Imbros, Tenedos,
8
Principles of Atatürk and History of Turkish Revolution II
and Rabbit islands were given to Turkey. The island Code, and a Commercial Code based largely on
of Rhodes, the island of Meis and the Dodecanese the German and Italian codes in 1926. (Ahmad,
Islands, which were under Italian occupation, were 1993, p.80).
left to Italy. The remaining islands in the Aegean According to Article 28 of the Lausanne Peace
Sea seized by Greece during the Balkan Wars Treaty, capitulations were completely abolished “in
remained under Greek rule. Moreover, Turkey every respect”. The Ottoman debts were shared
recognized “the annexation of Cyprus proclaimed among her successor states including Turkey as
by the British Government on November 5, 1914” stated in Articles from 46 through 57 (The Treaties
with Article 20 of this treaty (League of Nations, of Peace, 1924, pp.968, 974-982). First, the
Treaty Series, 1924, p.21, 23, 25). According to the Ottoman debts to the central powers which was
peace terms and the Convention relating to “the about “£170 million sterling was written off…”
Regime of the Straits”, the Straits would be ruled (Hale, 2013, p.40). The remaining debt was shared
by an international commission named “Straits among the Ottoman successor states including
Commission” to be formed by Turkey, France, Turkey. Turkey’s share in this debt was determined
Britain, Italy, Japan, Bulgaria, Greece, Romania, to be 84.8 million gold Turkish Lira, equaling £78
Soviet Russia, and the Serb-Croat-Slovene State and million sterling (Hale, 2013, p.40). Moreover,
be headed by Turkey. According to the convention, although the Treaty did not have any articles
15 kilometers on both shores of the Straits were on the abolition of the Ottoman Public Debt
accepted as a demilitarized zone. Nevertheless, the Commission, established in 1881, the Commission
Turkish administration would maintain a military lost its legal presence when the capitulations were
unit of 12,000 soldiers to guarantee the safety of abolished. After the Lausanne Peace Conference
Istanbul (The Treaties of Peace, 1924, p.1025-1033). ended, a Debt Council was established in Paris to
However, the status of the Straits as determined by negotiate with the representatives of bondholders
Lausanne lasted for 13 years and ended with the concerning Ottoman Debts. Regarding the
Treaty of Montreux signed on July 20, 1936. The payment of the debts, a Draft Contract was offered
Treaty of Montreux, as a Convention regarding the in February 1928, and this contract was ratified
Regime of the Straits with Annexes and Protocol, by the Turkish government on December 1, 1928
was signed in Montreux on July 20, 1936, and it (Blaisdell, 1929, p.202, 206-207).
ensured Turkey to have absolute sovereignty over
The aforementioned case of the Greeks in
the straits (League of Nations, Treaty Series, (1936-
Turkey and the Turks in Greece was included in
1937), pp.215-241).
the Article 142 of the Peace Treaty (The Treaties of
Furthermore, the Treaty covered under articles Peace, 1924, p.1021).
38-44 the issue of non-Muslim minorities. These
minorities, though not specifically named in the
treaty, were mainly Armenians, Greeks, and Jews.
attention
All were granted the same judicial rights as the
Turkish citizens. They were to fulfill their duties
as Turkish citizens. They were given the right to For further information on the full Articles of
establish their own schools and provide education the Lausanne Peace Conference, please watch
in their mother languages. They were entitled the following link.
to build their own religious temples and social
buildings provided that they meet their own
expenses (The Treaties of Peace, 1924, p.971-973).
Although the treaty gave non-Muslims the right
to practice their family law and personal matters
according to their customs with the Article 41,
the Jewish and Christian communities renounced
these privileges and agreed to live under a common
Western civil code when the Turkish government
introduced the Swiss Civil Code, the Italian Penal
9
The Birth of the Turkish Republic
Figure 1.3 Map of Turkey’s borders compiled during the Lausanne Peace Conference.
Source: https://en.wikipedia.org/wiki/Treaty_of_Lausanne
10
Principles of Atatürk and History of Turkish Revolution II
11
The Birth of the Turkish Republic
Having lived through the national struggle and letter, Sultan Vahidettin claimed himself as the
seeing the indifference of the Sultan and his actions Caliph of the Muslims while not claiming the right
against his own people, Mustafa Kemal Pasha was to the sultanate. On November 17, the British
waiting for a suitable time to depose the sultan and armored ship Malayan took Sultan Vahdettin to
abolish the Sultanate. This became possible when Malta (Zürcher, 1993, p.160). In fact, the British
the Allied Powers, namely the British government, government or their own imperialist aims planned to
invited both the Istanbul and Ankara government, to take advantage of the Sultan against Turkey. When
Lausanne. This invitation was nothing more than a the deposed Sultan escaped from the country, the
British policy of divide and conquer. It also implied TGNA appointed Abdülmecid Efendi, a dynasty
that they really ignored the success of the TGNA member and cousin to the deposed sultan, as the
Army against the Allied Armies in Anatolia. Tevfik Caliph on November 18, 1922. With the adoption
Pasha, the last Grand Vizier of the Ottoman State, of the law to this effect, the status of the Caliphate
sent a telegram dated October 29, 1922 to the TGNA was reduced to the level of a symbolic state official
proposing that the TGNA and the sultanate should without any political authority who would be
act together (Zürcher, 1993, p.160). This was nothing appointed by the parliament (Ahmad, 1993, p.54).
more than a maneuver to take advantage of the With this development, an important step was
triumphs won by the nationalist armies through three taken toward the birth of Turkish Republic while
years of suffering and bloodshed that were caused by the 623 years Ottoman sultanate came to an end.
both the Sultan, his government and the Allies. Upon
this offer by Tevfik Pasha that actually was serving the
plans of the Allies to undermine the victory in the
THE BASIC PRINCIPLES AND
National War, Mustafa Kemal presented a proposal LAWS OF TURKEY: the 1921 AND
to the TGNA to abolish the Ottoman Sultanate. 1924 CONSTITUTIONS
This proposal only included the abolishment of the
sultanate and not the office of the caliph that the 1921 Constitution (Teşkilât-ı Esasiye
sultan also assumed. The proposal to abolish the
Kanunu)
sultanate by separating it from the Caliphate led to
heated debates in the TGNA (Zürcher, 1993, p.160). The Turkish War of Independence was carried
Especially, the deputies from the Second Group out according to the principles of a nation state
who aligned themselves emotionally with the Sultan after the TGNA was opened. Ensuing the election
protested this proposal vehemently (Ahmad, 1993, of Mustafa Kemal as the President of the TGNA,
p.52-53, 56-57). Following a convincing, decisive, a government and a commission was established
and precise speech made by Mustafa Kemal Pasha to prepare a constitution for this nation state. The
addressing the conservative deputies in a secret first draft of the constitution was discussed on
meeting of the TGNA to accept the existing order September 18, 1920 based on a populist program
based on the nation’s sovereignty, the motion to on the national sovereignty. The conservative
abolish the sultanate was accepted on November 1, deputies in the Assembly reacted to this program
1922, ending the Ottoman Sultanate officially. since they were afraid of a change in the regime
of the country. Accordingly, they demanded that
The abolition of the sultanate legally did not
the Parliament had to continue to work only
require a constitutional amendment because
until the country and the Caliphate and Sultanate
the Constitution did not include an article on
could be saved from the Allies, and they wanted
the caliphate or the sultanate. A new law was
the constitution to be temporary (Shaw and Shaw,
not issued during the abolition of the Sultanate,
2002, p.349). When the conservative deputies
and the decision of the Assembly was deemed
insisted on their claims, Mustafa Kemal Pasha
sufficient. On November 16, 1922, following the
declared the following in a secret session at the
developments in Ankara, Sultan Vahidettin wrote
TGNA held on September 25, 1920: “Today, we
a letter to General Harrington, the Commander
must enact and express the meaning and power to
in chief of the Allied Powers in Istanbul, with
strengthen the National Assembly and the National
whom he had been cooperating for the last four
sovereignty, which will save our independence and
years, and requested asylum from Britain. In his
our existence ... If the purpose is to say again and
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Principles of Atatürk and History of Turkish Revolution II
again the loyalty to the caliph and the sultan, this Article 4. The Grand National Assembly is
person is traitor. A traitor the enemies use to do composed of members who are elected by the
evil to the land and the nation…” (Turan, 1992, people of the provinces.
p.254). Then, despite the reactions continued for Article 5. Elections to the Grand National
months, the constitution Teşkilât-ı Esasiye Kanunu Assembly are held every two years. Membership
(the Law of Fundamental Organization) was is limited to two years but reelection of a member
accepted on January 20, 1921. This was the first ever is possible. The former assembly remains in office
constitution of Modern Turkey. This constitution until the new assembly convenes. When holding a
new election seems to be impossible, the legislative
was adapted from the 1876 Ottoman constitution
period can be extended only one year. Each
(Kânûn-ı Esâsî) but with major changes especially member of the Grand National Assembly is not
in the articles concerning the elections and the only the representative of the province by which
rule of the provinces. The constitution authorized s/he is elected but also that of the whole nation.
the decisions and acts of the TGNA government Article 6. General Assembly of the Grand
(Shaw and Shaw, 2002, p.350). The Constitution National Assembly convenes of its own accord on
of 1921 was a revolutionary constitution set in the first day of November.
extraordinary circumstances, but it lacked sections Article 7. The basic rights of the application
substatial to a constitution such as sections on of the ordinances of the sacred law; the
fundamental rights and freedoms and the judicial promulgation, amendment, and abrogation of
system. It consisted of six sections, namely; “basic all laws; the concluding of treaties and peace;
provisions” (Mevâdd-ı Esasiye) and “administration” the promulgation of the defense of the fatherland
(idare), “provinces” (Vilâyet), “sub-district” (Kaza) (i.e., the declaration of war) belong to the Grand
and counties (Nahiye), general inspectorships National Assembly. The preparation of laws
(umumi müfettişlik) with twenty-three articles and regulations will be guided by juridical and
additionally one unordered additional substance religious provisions, which best conform to the
(madde-i münferide). The first nine articles of the modus operandi of the people and the needs of the
times, as well as established customs. The functions
Constitution regulated the legislative and executive
and responsibilities of the Council of Ministers
affairs, setting forth the formation and authority
shall be fixed by a special law.
of the TGNA. The rest of the articles covered the
Article 8. The government of the Grand National
provincial, municipal, administrative and general
Assembly exercises the executive function
inspectorate matters (Shaw and Shaw, 2002,
through ministers who were elected according to
p.350). its special law. The Grand National Assembly
The articles concerning the rule of the Assembly directs the ministers on executive affairs and
and its responsibilities were covered in the first changes them when necessary.
nine articles. Article 9. The Head of the Grand National
Assembly who is elected by the General Assembly
Article1. Sovereignty is vested in the nation is the head of the GNA for one electoral period.
without condition. Governmental system is With this status, he is entitled to sign on behalf of
based on the principle of self-determination and the Assembly and to approve the decisions of the
government by people. Council of Ministers. The Council of Ministers
Article2. The executive and legislative powers are elects one member from among themselves as
exercised by and concentrated in the hands of the the head of the Council of Ministers. However,
Grand National Assembly which is the sole and the Head of the GNA is the natural head of the
real representative of the nation. Council of Ministers. (http://genckaya.bilkent.
Article 3. The Turkish State is governed by the edu.tr/1921C.html)
Grand National Assembly and its government is
titled as “the Government of the Grand National In the constitution, there was no mention of the
Assembly.” state presidency and of the public rights because
of the extraordinary circumstances. Consequently,
it did not mention either the position of the
sultanate or the caliphate. Mustafa Kemal preferred
13
The Birth of the Turkish Republic
to use the system of government since he believed Marşı) whose lyrics were written by Mehmet Akif
it to be “compatible with the concept of National (Ersoy was accepted on March 12, 1921(Turan,
Sovereignty… a form of government based on 1992, pp.255-256). In March 1924, the Caliphate
‘unity of powers’”. With this system, legislative was abolished since this office would not befit a
and executive powers “were combined and held regime of a country proclaimed a Republic.
by the Assembly representing the people” (Shaw On October 29, 1923, the Turkish Republic was
and Shaw, 2002, p.350). Moreover, according to proclaimed. This new declaration made the rule of
the constitution, the ministers would be chosen Kânûn-ı Esâsî obsolete. This political development
among the deputies who were elected in the general made it necessary for the new state to determine
elections, which were held in two-year terms. its basic functions with a new comprehensive
“They were to be appointed by and responsible constitution.
to the Assembly” (Shaw and Shaw, 2002, p.350).
Moreover, the TGNA reserved the rights to
promulgate, amend, and abrogate all laws, conclude 1924 Constitution (Teşkilât-ı Esasiye
the treaties and peace as well as declare war when Kanunu)
necessary. The articles between 10 and 21 concerned The new 1924 constitution replaced the 1921
the administrative units, and gave an autonomous constitution. The draft of the new constitution was
role to the provinces, districts and counties. They presented to the parliament in March 1924. After
would organize and administer the “matters relating extensive and lengthy discussions and additional
to religious foundations, religious schools, public amendments, the first constitution of the Republic
schools, health, economics, agriculture, public and the second constitution of Turkey was accepted
works, and social aid” under the authority of the on April 20, 1924. The new constitution was named
councils in accordance with the laws, while other Teşkilât-ı Esasiye Kanunu (the Law of Fundamental
matters were to be administered by the TGNA. Organization). This constitution consisted of
The operations of these administrative units were to six sections and 105 articles. It was based on
be controlled by the general inspectorships which the principles of “national sovereignty”, “one
were also in charge of the maintenance of public parliament”, “unity of forces” and “supremacy of the
security under the authority of the TGNA (Shaw parliament”. The 1924 Constitution embraced the
and Shaw, 2002, p.350). The 1921 Constitution ideals of republicanism and nationalism and laid out
affirmed the TGNA and the government as the the general characteristics and basic principles of the
sole authority of the nation by its first article that state.
declared, “Sovereignty unconditionally belongs to The first Section of the Constitution consisted
the nation” (Shaw and Shaw, 2002, p.350). This of eight items titled Fundamental Provisions that
statement, in actuality, openly changed the political emphasized the general characteristics and basic
regime to a constitutional one. As the consequence principles of the state. They were:
of this feature, the constitution was revolutionary,
and it was opposed by the Ottoman Government Article 1. The Turkish State is a Republic.
in İstanbul. Article 2. The religion of the Turkish State is
The Assembly used different methods to Islam; the official language is Turkish and the seat
compensate the issues such as the administrative of government is Ankara.
or political problems that were not covered by the Article 3. Sovereignty belongs without restriction
Constitution since it was adapted from the 1876 to the nation.
Ottoman constitution (Kânûn-ı Esâsî) and the Article 4. The Grand National Assembly of
latter was not compatible to govern the nation as Turkey is the sole lawful representative of the
democratically as possible. After the acceptance nation, and exercises sovereignty in the name of
of the 1921 Constitution, important events and the nation.
decisions followed. To name some, the sultanate Article 5. The legislative and executive powers
was abolished on November 1, 1922; the imperialist are vested and centered in the Grand
powers recognized Turkey as an independent state National Assembly which concentrates these two
in 1923; the national anthem of Turkey (İstiklal powers in itself.
14
Principles of Atatürk and History of Turkish Revolution II
Article 6. The Grand National Assembly of The fourth section, The Judicial Power, consisted
Turkey exercises the legislative power directly. of Articles 53-67 which clarified the fundamental
Article 7. The Assembly exercises the executive workings of the judiciary and the duties of the
power through the intermediary of the President judges as well as the establishment of a High Court
of the Republic, whom it elects, and through a (Earle, 1925, p.95-96).
Cabinet chosen by him. The Assembly controls
The fifth section, Public Law of the Turks, consisted
the acts of the government and may at any time
withdraw power from it.
of the Articles 68-88, explained the rights and freedoms
given to the citizens such as freedom of speech,
Article 8. The judicial power is exercised in the
assembly, movement and religion. This section also
name of the Assembly by independent tribunals
constituted in accordance with the law (Earle,
elaborates on the term Turk. Article 88, in particular,
1925, p.89). adjudicated that “The name Turk, as a political term,
shall be understood to include all citizens of the Turkish
The 1924 Constitution made the judicial Republic, without distinction of, or reference to, race or
power independent of the executive and legislative religion.” (Earle, 1925, pp.96-98). This section of
powers. Article 8 of the Constitution stated that the constitution stressed that every Turkish citizen
independent courts would exercise the judicial was born free and had the right to live freely and
power in the name of the Nation; however, the guaranteed equality, life, property, honor, immunity
necessary guarantees for the judges were not of housing and the right to education before the law.
provided. Since the Assembly had the power and Primary education was made mandatory and was free
acted on behalf of the ruling party, the government of charge in public schools.
was in a position to affect the judiciary (Arsel, The sixth, Miscellaneous Provisions, covered
1961, p.48). Articles 89-101, explained the issues concerning the
The second Section, The Legislative Power, administration of the provinces, the organization
covering 22 articles (9-30) established the electoral of the administration, civil servants and financial
laws and the legislative power of the National matters (Earle, 1925, pp.99-100). This section
Assembly (Earle, 1925, p.89-91). The legislative explained as the restriction of the authority of
power was given to the National Assembly on the local councils and emphasized the centralist
all issues including the national budget and structure. With this understanding, both the rapid
international treaties. The right to vote was given application of the revolutions at the country level
to male citizens who were 18 years old or older. and the prevention of separatist movements such as
The age to run for a parliamentary office was 30. regionalism were targeted.
On December 5, 1934, with the amendments The last four articles (102-105) under the title
made to the articles 10 and 11, the suffrage rights Amendments to the Constitution laid down the
were granted to female citizens of the Turkish fundamentals of the Constitution and reiterated
Republic while the electoral age was increased to Article 1 of the constitution that the form of
22 (Özbudun, 1981, p.92). government was a Republic by stating the following:
The third section, The Executive Power, “The Turkish State is a Republic”. Furthermore, it
consisting of 22 articles (31-52) explained the reiterated that Article 1 and its statement could
procedure for the election of the President of not ever be changed and not even a proposal of a
Turkey and clarified the extent of his authority. change could be made (Earle, 1925, p.100).
Accordingly, the President was the head of the The 1924 Constitution prevailed until 1961;
executive organ and the state. He was entitled to however, some important changes were made
appoint his cabinet ministers and preside over the in this constitution due to the changes that
cabinet when and if it necessary. The president’s took place in the country toward establishing a
powers were symbolic regarding the legislature modern democracy. This constitution took a more
which was the sole responsibility of the cabinet national and a more secular character with various
of ministers (Earle, 1925, p.91-95). This section amendments made in 1928, 1934, and 1937 by
also explained the working method and the introducing political equality. It remained in force
responsibilities of the government. until 1960 (Özbudun, 1981, p.92).
15
The Birth of the Turkish Republic
16