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

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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
(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