Civil Society:
KYRGYZSTAN: A NEW BOUT OF CONSTITUTIONAL WRANGLING BEGINS
Daniel Sershen: 9/26/07

After a quiet summer, Kyrgyzstan once again is experiencing political turbulence. As has been the case since the country’s Tulip Revolution in 2005, the bickering centers on the question of where to draw the line on executive authority.

The latest bout of political wrestling began September 14, when the country's highest court invalidated two packages of constitutional amendments passed amid street protests in late 2006. [For background see the Eurasia Insight archive]. President Kurmanbek Bakiyev responded days later by announcing yet another set of constitutional reforms that would be put to a referendum on October 21, a move some in the opposition decried as a power grab.

Bakiyev's proposal would expand parliament from 75 to 90 members, all of them elected by party affiliation rather than geographic district as in the past. Party blocs in parliament would have the chance to appoint the prime minister, who would then assemble a cabinet.

Many who were critical of the power accumulated by former President Askar Akayev had pushed for such changes. [For background see the Eurasia Insight archive]. But Bakiyev's draft would simultaneously strengthen the president's powers of appointment and dismissal, something few constitutional reformers had envisioned.

Although opposition street demonstrations in November 2006 initially pressured the president to accept a reduction in his powers, pro-Bakiyev lawmakers restored many of them the following month. Kyrgyzstan's Constitutional Court invalidated both moves, citing the fact that parliament never gave the court a chance to comment, as required by the operative 2003 constitution.

Addressing parliament on September 19, Bakiyev presented his latest amendments as a compromise to end the wrangling.

"The main conclusion drawn from the two-year process of constitutional reform is that it is necessary to put an end to all this," Bakiyev said in his speech, broadcast on state television. None of the proposed changes, he said, "were invented in Government House. Every line includes the opinion of people, including the opinion of the opposition, the opinion of experts, and the work of several working groups. I am only using my right to submit this opinion to a referendum."

Citizens will also vote on a proposal that seeks to codify the constitutional changes. Elections for parliament under the new party-list system may come as early as late 2007. Analysts predicted that Kyrgyzstan's many small political parties would need to consolidate ahead of the polls. During his speech, Bakiyev himself said he wished to establish a party to contest the elections, although he later clarified that he would support, rather than lead, any pro-presidential union.

Some parts of the opposition criticized Bakiyev's proposals. "If we accept the constitution proposed by the president of Kyrgyzstan, we will receive a strong head of state who could become a dictator over time," said opposition member of parliament Temir Sariyev at a public forum on September 24, according to local news agency 24.kg.

But the pair of opposition lawmakers who initiated the suit against the previous versions of the constitution, Kabai Karabekov and Melis Eshimkanov, supported the court’s decision. Eshimkanov also spoke out in favor of Bakiyev's constitutional draft.

According to Tamerlan Ibraimov, Director of Kyrgyzstan's Center for Political and Legal Studies, "the last step by the president is a well-planned move to strengthen his own position, making use of a situation where the opposition is alienated and cannot oppose his actions."

The referendum would most likely pass regardless of its content, Ibraimov continued, given public dissatisfaction with politics and the likelihood of falsification. "The referendum has always been used in Kyrgyzstan as an instrument for the advancement of [the authorities'] interests under cover of the people's name," he said.

Analysts disagreed on how the change in the way parliament is elected – and the potential strengthening of Kyrgyzstan's party system that might follow – stacked up against the numerous, if less visible, adjustments in favor of the executive.

Under Bakiyev's proposal, some appointment powers remain subject to a standard system of checks and balances. But the president retains the authority outlined in the December constitution to directly appoint officials responsible for defense and security, as well as to dismiss any member of government outright. He would add internal affairs and foreign relations as new areas falling under his direct supervision, and gain greater leverage in appointing local judges.

Despite these increases in the president's power, professor of political science Zainidin Kurmanov felt Bakiyev's proposal was "a step forward." He cited the benefit of the switch to a party system in parliament, combined with the simple fact that this could mark the end of Kyrgyzstan's long-running battle over constitutional reform.

Constitutional lawyer Almaz Esengeldiyev was more critical, noting that the new draft gave the president the ability to set up parallel power structures, which would allow the establishment of an entire "shadow government."

"The true government [under the prime minister] would be some kind of puppet, while in reality the government will be in the hands of the president," he said.

Esengeldiyev and other members of civil society also criticized the speed with which the referendum was called and the lack of public input into Bakiyev's draft. The forum at which Sariyev spoke, which included prominent civic leaders as well as the opposition, ended with a resolution calling on the president to postpone the referendum to allow for extensive public debate.

The opposition has yet to announce a more coordinated response. Recent street demonstrations, particularly those led by former prime minister Feliks Kulov in April, failed to achieve a critical mass of public support. On September 25, Kulov declared the dissolution of the loose opposition coalition he had assembled for the protests, the United Front. He said he planned to contest the expected parliamentary elections as the leader of his own party, Ar-Namys.

There remains a possibility that rising prices for basic necessities such as bread and gas might motivate the average person to take to the streets. But the tangible public disillusionment with politics made this unlikely, analysts said.

According to Kurmanov, it was high time to put an end to the issue of constitutional reform. "We've been discussing for two and a half years – two and a half years," he said. "People are tired – even the politicians are tired."

Editor’s Note: Daniel Sershen is a freelance journalist based in Bishkek.