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CONSTITUTIONAL REFORM IN KYRGYZSTAN
DENIS KIM,
Expert of the Eurasia Heritage Foundation, Moscow
In December 2009, Kurmanbek Bakiyev, President of Kyrgyzstan, launched the constitutional reform. The official reason is the constitutional amendments are needed to define the powers of the President, the Parliament and the Cabinet, considering the administrative reform in Kyrgyzstan.
The President cannot appoint the State Secretary any more as, according to the administrative reform, this post has been abolished. The amendments also provide for the abolition of the Presidential Executive Office, the Security Council, the National Guard and the President’s powers themselves to form them. According to the amendments, the President can form the Presidential Council and other deliberative and coordinating bodies.
The main intrigue is connected with the constitutional article which regulates who would ascend to the presidency, if the President could not carry out his duties. Under the current Constitution the first person in the presidential line of succession is the Parliamentary Speaker, if the Speaker cannot carry out presidential duties, then the Prime Minister becomes the acting President. According to the amendments, it is the Presidential Council, which is authorized to choose the person who would ascend to the presidency upon the death, resignation, or removal of the President. The Presidential Council will be appointed by the President, according to the amendments.
The Kyrgyz oppositionists are sure that Maksim Bakiyev, the President’s son, can become this successor. Due to the government administration reform he got one of the key posts in the new administration – the head of the Central Agency for Development, Investments and Innovations. In accordance with the reform concept, this agency controls Kyrgyzstan’s main financial flows.
Kurmanbek Bakiyev sent his proposals on constitutional amendments to the Parliament as far back as December 2009. But then the Parliament, where the pro-presidential party “Ak Zhol” has the majority of seats, decided to refer the President’s proposals to the Constitutional Court. Political analysts believe that this way “Ak Zhol” shifted the responsibility onto the Court. At the end of January 2010, the Constitutional Court approved the amendments, but said that there was a need to finalize the proposals since the Presidential Council is a deliberative body and is not entitled to nominate a person who would ascend to the presidency upon the death, resignation, or removal of the President.
The Parliament’s committee has found a way out of the situation. The MPs improved the bill and introduced the article which empowers the State Council to nominate the acting President. The State Council will include the Parliamentary Speaker and the Prime Minister. If the Parliament approves this initiative, the bill on the State Council will be passed after the amendments acceptance.
Analysts think that, regardless of who will nominate the acting President (the Presidential Council or the State Council), the successor will be chosen by people from the President’s team.
The discussion about the future successor to the President moved the administrative reform to the background. Meanwhile, it is important to know that the reform strengthens the President’s power. The President’s Institution is subordinate to Kurmanbek Bakiyev, the special services, which were withdrawn from the government, are also subordinate to the President personally, although formally they are independent agencies.
One can suppose that the Parliament will not change the Constitution's article regarding the delegation of the presidential powers in the event of force majeur, so as not to frighten the society with the “dynastic governance”. However, the other constitutional amendments are likely to be accepted without changes, though it will be difficult to do that. The opposition “Ata Meken” party tries to make it clear that Kurmanbek Bakiyev’s administrative reform is carried out to strengthen the President’s personal power. “Kurmanbek Bakiyev exceeded his authority assuming the power illegally and founding five institutions, which do not depend on each other and are united into the President’s Institution, while the Constitution reads that the activities of the President are assured by the Presidential Executive Office”, said Omurbek Tekebayev, the “Ata Meken” party’s leader.
Omurbek Tekebayev’s misgivings were taken into account. In Kyrgyzstan, in January 2010 a new political movement “Eldik Kenesh” (People’s Council) appeared, which comes out for turning to the Constitution of 1993, since the movement members believe that this Constitution “was passed by the legitimate Parliament and with observation of all procedures”. The new political movement absorbed the “Eldik Kenesh” and “For Kyrgyzstan’s Salvation” movements. Apart from that, the members of the “Ata Meken” party, the Social and Democratic Party of Kyrgyzstan and other associations joined the movement.
February 8, 2010
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