KYRGYZ PARLIAMENT FAILS TO ADOPT NEW CONSTITUTION;

C O N F I D E N T I A L BISHKEK 001812 SIPDIS SIPDIS DEPT FOR SCA/CEN E.O. 12958: DECL: 12/26/2016 TAGS: PGOV PREL KG SUBJECT: KYRGYZ PARLIAMENT FAILS TO ADOPT NEW CONSTITUTION; PRESSURE AGAINST PARLIAMENT CONTINUES REF: A. BISHKEK 1807 ¶B. BISHKEK 1787 ¶C. BISHKEK 1784 Classified By: Amb. Marie L. Yovanovitch, Reason 1.4 (b) and (d). ¶1. (U) The Kyrgyz Parliament narrowly failed to pass a proposed new constitution in a secret ballot on December 25. The draft received 46 votes; it needed 50 to pass. Prominent opposition MPs Omurbek Tekebayev and Azimbek Beknazarov refused to vote. Supporters of the measure said they would continue to put forward proposals to change the constitution. ¶2. (C) This "new" version of the constitution was introduced in parliament December 21, ostensibly to fill gaps and eliminate discrepancies created by the new constitution adopted November 9. This latest draft, however, would have resolved all questions by ceding numerous powers to the president (see Ref A),arguably putting the president in an even stronger position than he had been under the old, Akayev-era constitution. ¶3. (C) Comment: The president and the parliament have reached a temporary stalemate. Ever since the compromise on a new constitution November 9, President Bakiyev has been exploiting ambiguities in the new constitution to reassert powers he lost and to put pressure on the parliament. The orchestrated resignation of the Kyrgyz government on December 19 was intended to force the parliament to dissolve itself and call new elections, but so far the parliament has refused to give in to the pressure. The terms of this latest constitutional draft were cast in terms of a deal: the president would get his powers back (and then some),and parliament would get to serve its full term until 2010. But again, parliament, by voting down the "new" constitution, failed to cooperate. ¶4. (C) Comment continued: Some in parliament favor dissolution and new elections; twenty-seven MPs have reportedly signed a letter supporting dissolution. Several opposition MPs have indicated that they might support new elections, but not until a new election code was adopted and the new constituencies defined. It would be a mistake, however, to think of this parliament as a defender of freedoms, liberties, and the balance of power; many of the MPs sought their seats for the opportunity to advance their own business interests with the protection of parliamentary immunity. ¶5. (C) Comment continued: We expect there to be continued pressure from the administration to force early parliamentary elections, whether necessary election legislation is in place or not. Kazakh Ambassador Uzbekov told the Ambassador December 26 that State Secretary Madumarov and Vice Prime Minister Usenov were pressuring Bakiyev to dissolve parliament. Uzbekov quoted Usenov as saying that the decree to dissolve parliament had already been drafted, but that Bakiyev was hesitant because new elections could stir up unrest, similar to the agitation at the time of the March 2005 "tulip revolution." Based on his conversation with Usenov, Uzbekov believed that dissolution of the parliament was inevitable and could occur as early as this week. Nevertheless, compromise could still be reached, although at this point, it appears that the only "compromise" that the administration will consider with parliament is one that gives the president back all his powers. YOVANOVITCH