NEW -- YES, YET ANOTHER -- KYRGYZ CONSTITUTION

C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 001807 SIPDIS SIPDIS DEPT FOR SCA/CEN E.O. 12958: DECL: 12/22/2016 TAGS: PGOV PREL KDEM KG SUBJECT: NEW -- YES, YET ANOTHER -- KYRGYZ CONSTITUTION WOULD RESTORE POWERS TO PRESIDENT REF: A. BISHKEK 1787 ¶B. BISHKEK 1784 BISHKEK 00001807 001.2 OF 002 Classified By: Amb. Marie L. Yovanovitch, Reason 1.4 (b) and (d). ¶1. (C) Summary: The surprise resignation of the Kyrgyz government December 19 has provoked a constitutional impasse, and President Bakiyev is apparently attempting to use the crisis to regain powers that he lost under the new constitution adopted November 9. Parliament is considering a draft of a yet another constitution that would restore lost powers to the president, and possibly increase executive authority in other areas. Government insiders have claimed to us that this is necessary to preserve order and prevent north-south division. To us, this forced "crisis" is a blatant attempt to consolidate power around an inner group that wants to eliminate any opposition. End Summary. RESIGNATIONS CREATE IMPASSE -------------- ¶2. (C) The November 9 constitution, adopted in haste, makes no clear provision for the appointment of a new government prior to new parliamentary elections. The term of the current parliament runs until 2010. When the government resigned en masse on December 19, it created an impasse, with some arguing that there had to be new parliamentary elections, and others arguing that parliament could pass transitional legislation to cover appointment of a new government. On December 21, several pro-government parties issued statements calling on the current parliaQnt to dissolve so that there could be new elections. Several MPs publicly rejected the call to dissolve parliament. Mid-day on December 21, 55 MPs sent a letter to Bakiyev in which they said that the new constitution had contradictions and gaps, and they called for changes to be made to the constitution to eliminate such faults. YET ANOTHER "NEW" CONSTITUTION? -------------- ¶3. (C) In the afternoon of December 21, Speaker of Parliament Marat Sultanov met with Bakiyev. Bakiyev laid out demands to restore powers that the president had under the former constitution, likely in exchange for dropping the idea of dissolving parliament. Bakiyev wanted the authority to appoint the heads of, and have control over, the law enforcement agencies, including the National Security Service �0A;(SNB) and the Ministry of Emergency Situations, as well as governors and heads of district administrations. (Note: these authorities had been transferred to the prime minister under the new constitution. End Note.) Bakiyev also reportedly demanded the authority to nominate judges to the Supreme and local courts, thus eliminating the proposed National Judiciary Council. ¶4. (C) Late on December 21, parliament met to consider the draft of a new constitution that incorporated the president's demands -- and more. This new draft reportedly would give the authority of law to presidential decrees; change the process for nomination of the prime minister; change the definition of a parliamentary quorum; and grant the president the authority to carry out the parliament's duties. A majority of the deputies voted to put this draft on the agenda, even though they had not yet read it. While the draft was being photocopied, a number of deputies left, and parliament adjourned for the day. ¶5. (C) On December 22, parliament reconvened to consider the draft. Some deputies argued that the draft had been put onto the agenda in violation of law and procedure, while others pointed to the hasty adoption of the November constitution, which also circumvented procedures. The deputies then sent BISHKEK 00001807 002.2 OF 002 the draft to the parliament's Committee on Constitutional Law and adjourned until Monday. NECESSARY FOR STABILITY? -------------- ¶6. (C) In a December 22 meeting, (Acting) Minister of Defense Isakov urged the Ambassdor to support getting rid of the current parliament, arguing that it would be better for the continued presence of the Manas Airbase. He characterized the parliament as being full of (former President) "Akayev supporters" and self-interested members looking out only for their own clans, their own business, and not thinking about the interests of the nation. Isakov argued that President Bakiyev was committed to reform, but was being stymied by this parliament. A parliament elected by party lists would not be critical of the Base, he argued. When Ambassador expressed skepticism, Isakov noted that the 3-4 month period of elections and re-organization would at least buy time and take some of the emotion out of the issue. (Comment: In the current environment, the presence of the Base would likely be a central election issue, easily exploited by all sides. End Comment.) Isakov said that there was a need to establish order. If the President did not act, said Isakov, then the north-south divisions, which the parliament was exploiting, could lead to a civil war. Comment -------------- ¶7. (C) Isakov is a thoughtful minister, and he may be sincere about his concerns over the north-south divide in the country, but he was likely tasked with delivering this message to us. The November constitution, adopted in great haste, does have gaps and lacks clear provisions for the transitional period until fresh parliamentary elections. But a constitutional crisis was not inevitable. The administration's decision to force a crisis appears to have been calculated to grab back power that had been ceded to the prime minister, the judiciary, and the legislative branch under the November constitution. ¶8. (C) Presently, Kyrgyzstan has only an "acting" government, a judiciary in a state of disarray (because there are so many vacant seats, most courts, including the Constitutional Court, are not operational),and a parliament being pushed to self-dissolve. If the parliament is dissolved, there would be only one branch of power intact until elections bring a new parliament. Isakov may believe that Bakiyev has only the best interests of the country at heart, but Bakiyev's tactics make it appear that he knows how to take care of his own interests as well. YOVANOVITCH