KYRGYZ PARLIAMENT ADOPTS NEW CONSTITUTION

C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 000002

SIPDIS

SIPDIS

DEPT FOR SCA/CEN

E.O. 12958: DECL: 01/03/2017
TAGS: PGOV PREL KG
SUBJECT: KYRGYZ PARLIAMENT ADOPTS NEW CONSTITUTION

REF: A. 06 BISHKEK 1826

B. 06 BISHKEK 1812

C. 06 BISHKEK 1807

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Classified By: Amb. Marie L. Yovanovitch, Reason 1.4 (b) and (d).


1. (SBU) Summary: On December 30, the Kyrgyz Parliament,
under pressure from President Bakiyev, voted to adopt a new
constitution. This new constitution reportedly would restore
to the president powers lost in the November 2006
constitution, including control over law enforcement agencies
and the power to nominate judges, governors, and local
officials (Ref C). The text of the new constitution has not
been made public, and President Bakiyev has not yet signed
the constitution into effect. Opposition leaders complained
that adoption of the new constitution was done in violation
of the procedures established in the November constitution,
and they said they would challenge the new constitution in
the Constitutional Court. End Summary.


2. (C) On the morning of December 30, President Bakiyev
addressed the parliament, criticizing deputies for not moving
forward on the reform program and not enacting laws to
support the November constitution. Bakiyev also reportedly
threatened, at least in private, to dissolve parliament if
the deputies did not take action to amend the constitution,
and he scheduled a meeting of the National Security Council
for mid-afternoon.


3. (C) Early in the afternoon of December 30, the parliament
adopted a new constitution, with 50 deputies (2/3 of the
seats) voting in favor. This was the third vote on the
constitution that day, despite the fact that parliamentary
procedure does not allow the same issue to be raised for one
year after it has been voted down. The text of this new
constitution has not been made public, and President Bakiyev
has yet to sign it into effect.


4. (C) On December 25, parliament narrowly failed to pass a
version that reportedly would have restored to the president
control over the law enforcement agencies, including the
National Security Service (SNB) and the Ministry of Emergency
Situations, as well as the power to appoint judges,
governors, and local administrators (Ref C). On December 29,
prior to the vote, Speaker of Parliament Marat Sultanov told
the Ambassador that there were several drafts of amendments
and new constitutions, but the version that would be voted on
would not be the same clawback of power that the president
originally proposed. Member of Parliament Iskhak Masaliyev
told Poloff on December 29 that the new constitution would
correct contradictions and mistakes in the November
constitution, and would "make clear" rather than really
expand presidential authority.


5. (C) The opposition immediately cried "foul" about the
manner in which parliament adopted the new constitution, with
at least one member of the For Reforms movement saying it
would challenge the adoption in the Constitutional Court. MP
Temir Sariyev said that while the opposition had agreed to
some compromises on the substance of amendments, it had done
so on condition that any amendments be adopted in accordance
with the procedures outlined in the November constitution.
(Note: Under the November constitution, parliament has
authority to approve amendments, but only after a ruling from
the Constitutional Court. The Constitutional Court must give
its ruling no earlier than three months and no later than six
months from the date of submission of the proposal to the
parliament. Currently, the Constitutional Court has two
vacancies and is not operational. End Note.) MP Masaliyev
said that with the Constitutional Court not functioning,
parliament effectively had no choice but to shortcut
procedures, due to the urgency of the situation.


6. (C) Comment: Reaction to the new constitution -- adopted

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less than two months after the last constitution -- has been
relatively muted, largely because of the long New Year's
holiday weekend. There may be legal challenges to the
procedures followed in adopting this constitution; For
Reforms has vowed to go to the Constitutional Court, and
others have questioned whether the parliament needed 50 or 51
votes to pass the measure. But as we saw with the November
constitution, which was also adopted under hazy legal
guidelines, what is important is the agreement of the key
players, not the legal formalities.


7. (C) Comment continued: We have not seen the text of what
parliament voted to adopt on December 30, but it is certain
that this new constitution restores to the president
significant powers that were lost in the November
constitution. Just how much power will shift remains to be
seen. The November constitution had been a step forward in
establishing a better balance of powers between the branches
of government, and this constitution likely will tilt the
balance back in favor of the president. Faced with the
threat of dissolution, the parliamentarians cut a deal: in
order to keep their seats -- at least for now -- they gave
the president what he wanted.
YOVANOVITCH