Yet Another Constitution on the Cards
Monday, 26 March, 2007
Yet Another Constitution on the Cards
Monday, 26 March, 2007
Last week, the opposition Movement for Reforms, which held talks with President Kurmanbek Bakiev on March 21, published a new draft of the constitution which would see executive power divided between the prime minister and the president.
In contrast to the United Front for a Worthy Future for Kyrgyzstan led by former prime minister Felix Kulov, which is insisting on the president resignation and an early presidential elections, the Movement for Reforms wants Bakiev to make some key concessions. It wants to see swift constitutional reform, the state broadcasting service turned into a public institution, and the opposition to be consulted when security force officials are appointed.
In November 2006, under pressure from street protests led by the Movement for Reforms, President Bakiev adopted constitutional amendments that curbed his powers and strengthened parliament.
But in late December, after Prime Minister Felix Kulov resigned suddenly, the constitutional confusion that emerged from the November changes allowed Bakiev to propose yet another set of amendments to restore his powers.
Kubatbek Baibolov, one of the leaders of the Movement for Reforms who wrote the latest draft of the constitution, says this version will bring about a fundamental change in Kyrgyzstan’s existing political system.
“It changes how government is formed. The president’s powers are curbed, while the prime minister’s are extended considerably, enabling the government to actually start dealing with economic problems and manage the economy independently,” said Baibolov.
Most political scientists believe that the system of checks and balances for the various branches of power set out in this draft has been well thought out.
Tamerlan Ibraimov, director of the Centre for Political and Legal Studies, said, “If the opposition and authorities take this draft as the basis for a new constitution, the result may be a more efficient state government system.”
According to political scientist Marat Kazakbaev, the proposed constitution makes the judiciary independent, which will allow more room for reform in this area.
“The judicial system is given [a chance] to act independently in this draft constitution. Introducing provisions like that in the constitution can ensure a certain amount of stability in the country.” he said.
According to Tashbolot Baltabaev of the opposition party Atameken, Kyrgyzstan’s political future now depends on how fast the authorities move towards tackling out constitutional reform,.
“Any attempt by the authorities to put off adopting a new constitution will aggravate the political crisis,” he said.
If the president does not agree to carry out swift constitutional reform, the Movement for Reforms and a large proportion of civil society may join the United Front in calling for the president’s resignation, Kazakbaev adds.
On March 23, President Bakiev responded to the Movement for Reform’s demands in a televised address. He promised change in only one of the areas outlined by the opposition - constitutional reform. He promised to set up a working group to draft amendments and then submit an “agreed version” of the constitution to parliament and, “if necessary”, also to a referendum.
Some opposition representatives point out that the current constitution stipulates that a new one can be drawn up no sooner than three months and no later than six months after deliberations have taken place.
“We should not repeat the mistake of adopting a constitution too hastily, as it was the case on November 9 and December 30. We shouldn’t rush to adopt a new version only to have to change it again [in the future],” Azimbek Beknazarov, a member of the Movement for Reforms, told NBCentralAsia.
(News Briefing Central Asia draws comment and analysis from a broad range of political observers across the region.)
