All over the world, countries and communities establish or join some unions and organizations in order to feel stronger and safer economically, politically, administratively and militarily, to develop themselves and to lead a life worthy of human dignity.
ASSAM, in line with its founding purpose, within the scope of the constitutional right of freedom of expression and thought; Within the scope of researching and realizing the possibilities of creating a superstructure model that can be created through cooperation between Islamic Countries, including our country, it tries to organize conferences and working groups in which people and organizations and representatives of the relevant countries have this aim.
Our Confederation Constitution Draft[i], which has received a lot of attention by those who look at everything which is relevant to Islam today, was the result of the 1st International ASSAM Islamic Union Congress[ii] with the main theme “Government Forms from the Past to the Future” that we held in 2017. As you know, the study went over with a bang, but the duration of the bang shows the range of the distance…
We cannot help but say, “You should not be so distant, brother.”
Although more than 2 years have passed, the first echo has just arrived. We do not know if we should say “good morning” now or not! So, what if it takes another 3 years for them to understand the answers we have given now, and then read, understand and produce new answers? It is human nature to worry that it will not reach such a common point… By the way, there is such an issue, we are also worried that they will continue to say the same during the echo process due to their distance and often try to put it in front of us like a standing dish!
In the meantime, we will have covered a great distance. You better stay tuned. Let's get back to our topic.
Some, when they have just realized everything, are making delusions such as “this association should be shut down”, “does not the interior ministry examine the legislation of them”. Yes, they are examining it, sir. When necessary, we ask for their legal opinions of the relevant units for the compliance of the legislation with our laws and relevant legislation.
Article 10 of the European Convention on Human Rights (ECHR), to which our country is also a party (accepted), entitled Freedom of Expression; “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”, Article 11, titled Freedom of Association and Meeting, states that “Everyone has the right to hold meetings that do not disturb the public order, to establish associations, and to establish and join trade unions with others to protect their interests.”
It is mentioned in Article 26 of our Constitution, “Everyone has the right to express and disseminate their thoughts and opinions individually or collectively through speech, writing, pictures or other means. This freedom includes the freedom to receive or impart information or ideas without the intervention of official authorities.”
Therefore, although it is not necessary to obtain some special permissions, since many respected names from the country and abroad will attend the meeting, we request both the Governor's Office and the Police Department to be informed in an official letter in a reasonable time and to take precautions.
Legality in crime and punishment is guaranteed as a fundamental principle guaranteed in the Constitution and the ECHR. The first paragraph of Article 38 of the Constitution, titled “Principles of crime and punishment”, states, “No one shall be punished for an act that the law in force does not consider a crime when it is committed; no one can be given a heavier penalty than the penalty set for that crime in the law when he/she commits the crime”, paragraph (1) of Article 7 of the ECHR with the heading “There can be no penalty without law”; “No one can be found guilty of any act or omission that did not constitute a crime under national or international law at the time it was committed. Likewise, a heavier penalty cannot be imposed than the penalty applicable at the time the crime was committed”.
Article 19 of the Universal Declaration of Human Rights is as follows; “Everyone has the right to freedom of opinion and expression; This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
As a result, both our Constitution, the Universal Declaration of Human Rights and the European Convention on Human Rights guarantee freedom of expression and opinion, the right to organize, and that no person or organization can be subjected to administrative or penal sanctions for any act or expression that is not clearly considered a crime in the law.
As a result of the legal work of ASSAM as a think tank, in accordance with the purpose we have explained above; Considering that it will be beneficial for our country, studies are carried out that include ideas and suggestions for a structuring that envisages cooperation in administrative, economic, commercial, social and cultural matters under the name of "Islamic Union" among Muslim countries.
The structure proposed to be established is no different from the internationally recognized formations such as the European Union, Islamic Cooperation Organization, NATO, United Nations etc. that have been implemented all around the world. With the proposed structure, no changes are foreseen in the constitutional structures of the states that will become members. Just like in the European Union, a basic law regulating the rights and responsibilities of the member states in order for the envisaged structure to function appropriately, a common language should be determined and a city should be chosen as a center for the execution of administrative activities and this situation should be shared with the public as an idea and suggestion. It is within the scope of the freedom of thought and idea, which is guaranteed by the Constitution, and does not contain any acts, behaviors and expressions that are expressly prohibited in our Laws and that constitute a crime.
I urge everyone to remain calm. Take your seats and think cold-bloodedly. If you examine the current Constitution of the Republic of Turkey[iii] , which was submitted to the Referendum and accepted in 2017, you will see that it is not much different from the Constitution of the Republic of Turkey proposed by ASSAM in 2011. After the constitutional amendment came to the agenda, every segment of Turkey discussed and talked about "how the constitution should be" for about 7-8 years.
Esteemed İsmail Kahraman, Speaker of the Parliament at the time, stated that;
Everyone spoke but when we came today, only 2 institutions sent us the Constitution Booklet, which was published in the form of a draft book, in which they proposed to form the articles of the constitution from beginning to end. One of them was ASSAM.
Everyone talks but ASSAM does. Since foreign powers are aware of this, they attack ASSAM both externally and domestically. When we look at the Constitution of the Republic of Turkey, we see that it contains 90% of the constitutional articles proposed by ASSAM in 2011.
We were able to propose a Constitution to the Republic of Turkey and our nation largely accepted it. Will our proposal for the Islamic Countries Union also be accepted? What do you think?
Islamic Union is Fardh. We believe in Allah, no need for worry.
Note: The following are some reading texts. The dates are old, but the subject are current. They should be read without any delay.
[i] https://www.assamcongress.com/tr/kongre/assam-kongre-2017/konfederasyon-anayasasi.html
[ii] https://www.assamcongress.com/tr/kongre/assam-kongre-2017/ana-tema-gecmisten-gelecege-yonetim-bicimleri.html
[iii] http://assam.org.tr/index.php/konular/adalet-sistemi/adalet-konseyi/assam-anayasa-onerisi.html
