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President of Kyrgyzstan offers his own draft Constitution for a nationwide referendum

19.09.2007 11:50 msk

Sultan Kanazarov (Bishkek)

Politics Kyrgyzstan

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President of Kyrgyzstan Kurmanbek Bakiyev addressed the people and Jogorku Kenesh (national parliament) on September 19 and said, among other things,…

President of Kyrgyzstan Kurmanbek Bakiyev addressed the people and Jogorku Kenesh (national parliament) on September 19 and said, among other things, that the decree on a nationwide referendum to adopt the Constitution had been already signed. The referendum was slated for October 21, 2007.

Bakiyev began his address with saying that Kyrgyzstan had to make three important steps which essentially constituted the national program of development. Step one came down to the nationwide consent with regard to the state structure. (The president suggested a broader involvement of political parties in administration and their accountability.) Step two stipulated strengthening of the state and improvement of its efficiency through betterment of state services. Step three envisaged introduction of common economic rules with the aim to boost economic development.

That done, the president proceeded to say what he thought of the decision of the Constitutional Court that had voided the constitutions adopted last November and December. "It may only indicate one thing, namely that the reforms came to a halt," Bakiyev announced. "We did approach the Constitutional Court protesting against abolition of the Constitution at first. Once we became acquainted with its conclusions and arguments, however, we could only bow to the supremacy of the law. Let's face it. The Constitution fell victim of political wars in the country. There is a lesson for all of us in it. Nobody can be permitted to bend the law, not even the Jogorku Kenesh or the head of state."

The president said he had decreed the nationwide referendum on the Constitution on October 21. The new draft Constitution is a composition of the ideas broadly and actively discussed these last several years. Also importantly, opinion of the Constitutional Court was taken into consideration. "Formation of the parliament on the basis of political parties is a key thesis of the new Constitution. The latest parliamentary election has shown us that elections in single-mandate districts generate some serious problems indeed. Votes are bought and people end up divided," Bakiyev said.

"Not a single one of them [articles of the Constitution] originated in the White House [this is how the Government House is colloquially known in Kyrgyzstan - Ferghana.Ru]. Every one of them constitutes the opinion of the people and that includes experts and specialists who worked on the document," the president said. "I'm merely invoking the power to suggest all of that for a referendum. We need the reforms centered around human rights observance and promotion, not around the amount of power wielded by this or that state structure. We need the reforms centered around accountability of the powers-that-be, not around its division or whatever among branches of the government."

According to Bakiyev, the new Constitution elevates the status of the Jogorku Kenesh and local keneshes [councils] and strengthens the executive power vertical. Adoption of the Constitution will complete phase one of the reforms. The authorities will have to bring the acting legislation and the whole framework of state power structures in accordance with the new Constitution after that. "We should be as fast about it as possible in order to do away with political battles and concentrate on economic and administrative tasks," Bakiyev said.

Draft Election Code will be offered for the referendum as well.

The president completed his address with a call for lawmakers and the government to do their honest best to make life in Kyrgyzstan better and the country itself wealthier and stronger. "We are one party and one force from this standpoint. Let us therefore work together, work better in the name of prosperity of the country and in the name of the people," Bakiyev said. His speech was interrupted with applause more than once.

The population of Kyrgyzstan was first promised the constitutional reforms in March 2005, when the revolution in this country elevated to the pinnacle of political power the opposition led by Bakiyev. For some reason or other, however, work on the new Constitution was taking too long. It was Bakiyev's political enemies already who engineered mass protest actions in spring and autumn 2006 demanding changes. The Jogorku Kenesh adopted a new Constitution in November, one that proclaimed Kyrgyzstan a parliamentary republic. Pro-Bakiyev forces turned the tables in December and had a new Constitution adopted. This document restored the presidential powers he had lost when the main law had been adopted the previous month.

Protest actions and rallies took place in Kyrgyzstan again in April 2007. The regime survived them, however, and even neutralized the opposition under the former prime minister Felix Kulov. This state of affairs did not last long. Lawmakers Melis Eshimkanov and Kabai Karabekov had the Constitutional Court void the last year constitutions and restore the 2003 Constitution earlier this month. The "Law on referendums" adopted on September 18 plainly states that decisions of a referendum may only be voided by another referendum.