Category Archives: Kyrgyzstan

Kyrgyzstan

Kyrgyzstan – Presidential election

The presidential election was held in Kyrgyzstan on 23 July. The Central Election Commission is reporting the following result:

Kurmanbek Bakiev, 77.81%
Almazbek Atambaev, 8.25%
Temir Sariev, 5.8%
Toktaiym Umetalieva, 1.12%
Jenishbek Nazaraliev, 0.74%
Nurlan Motuev, 0.66%
Spoilt, 4.4%

This was on the basis of 97.94% of the votes being counted. Presumably the percentage figures relate to votes cast rather than valid votes cast, though they still don’t tally to 100%.

There was little likelihood of anything other than a victory for President Bakiev. However, the opposition has cried foul. Indeed, on the very day of the election, two candidates, Almazbek Atambaev, who was the main rival to President Bakiev, and Jenishbek Nazaraliev, withdrew from the contest.

The OSCE/ODIHR has issued a preliminary report that lists numerous serious irregularities. It is available here.

In contrast to the upheaval of the Tulip Revolution in 2005, this result has not led to any serious street protests.

There are some useful background reports on the election at RFE/RL.

Kyrgyzstan – Early presidential election?

The Jamestown Foundation has a short but interesting article on President Kurmanbek Bakiyev of Kyrgyzstan. While the winter began with the dismissal of the energy minister and fears that there would be unrest (see previous post), apparently the weather has been relatively mild and President Bakiyev seems to have benefited from the situation.

In this context, there is speculation that the presidential election may be brought forward to this year, presumably to facilitate his re-election. Democracy in Kyrgyzstan has been backsliding since the Tulip Revolution in 2005.

There is a nice book describing the Tulip Revolution by Erica Marat. It is called The Tulip Revolution: Kyrgyzstan One Year After.

Kyrgyzstan – Troubles

The political situation in Kyrgyzstan is hotting up. President Kurmanbek Bakiev, who was elected in July 2005 in the aftermath of the Tulip Revolution, is coming under pressure, reports Eurasia Daily Monitor. There have been demonstrations about power cuts in the country. On 25 November President Bakiev sacked the Energy Minister. However, there are reports that the situation is becoming more unstable.

On 18 November RFE/RL reports that over 500 opposition activists met in a so-called ‘People’s Assembly’ in the northern town of Talas. They were demonstrating against the energy problems, but also against what they see as an increasingly corrupt government. In the meantime, there are also reports that the ruling Ak Zhol party is divided over the situation and that President Bakiev is losing support. However, Bakiev seems to have been able to ensure that security figures are loyal to him.

Kyrgyzstan – ICG Report

The International Crisis Group has just issued a very interesting and informative report on Kyrgyzstan. It is a briefing document that outlines events in the country, including constitutional changes, since the so-called Tulip Revolution in 2005.

In particular, it focuses on events in the last year. It argues that democracy is in peril. In 2006 Kyrgyzstan had a Polity score of 4 and a Freedom House score of 4.5, both of which correspond to a Partly Free democracy.

I posted on Kyrgyzstan’s recent constitutional changes a while ago.

Semi-presidentialism in the FSU – When did it begin?

The Former Soviet Union (FSU) is the home of a number of semi-presidential countries. In terms of their current constitutions, there are some unequivocal cases of semi-presidentialism: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Lithuania, Russia and Ukraine. Previously, Moldova was unequivocally semi-presidential too. The situation in Tajikistan and Uzbekistan is a little more ambiguous. In both cases, parliament ratifies the president’s decrees that appoint and dismiss the prime minister. It is debatable as to whether this is sufficient to constitute a semi-presidential constitution. The level of responsibility to parliament is low and, in any case, responsibility is only individual and not collective.

Sticking to the unequivocal cases, the question is when do we date the start of semi-presidentialism? In the case of Georgia, the answer is easy. As per a previous post, it became semi-presidential in 2004 after a constitutional amendment. For the other countries, the dates of the first independence constitutions are as follows: Armenia (1995), Azerbaijan (1995), Belarus (1994), Kazakhstan (1993), Kyrgyzstan (1993), Lithuania (1992), Moldova (1994), Russia (1993) and Ukraine (1996).

While these are the dates of the first constitutions, it is common to think of semi-presidentialism starting earlier. This is because in the period immediately following the declaration of independence, and prior to the passage of the new constitution, most of these countries grafted a directly elected president onto the existing Soviet-era constitution. So, for example, the first presidential elections under Soviet-era constitutions were held as follows: Armenia (1991), Azerbaijan (1992), Kazakhstan (1991), Kyrgyzstan (1991), Moldova (1991), Russia (1991) and Ukraine (1991). Given these constitutions were, nominally, parliamentary, this combination of a direct presidential election and a parliamentary system seems to create the conditions for semi-presidentialism. (In Belarus and Lithuania, the first direct presidential elections took place under the first independence constitution. So, there is no doubt about when they began to be semi-presidential.)

All the same, I think we have to be a little careful as to when we date the beginning of semi-presidentialism and for two reasons. Firstly, I am not sure that there are consolidated constitutional documents prior to the passage of the first constitutions. Certainly, I have been unable to find them. If they do exist, then please let me know where to get hold of them. In the absence of a consolidated document, it is to difficult to verify the start date of semi-presidentialism. Secondly, even if there were consolidated documents, would they indicate semi-presidentialism? According to the 1978 constitutions of the socialist republics of the USSR, it is certainly the case that the Council of Ministers was responsible to the parliament (Supreme Soviet) and that there was a person who occupied the position of Chairman of the Council of Ministers. Moreover, prime ministers certainly existed in the newly independent countries from an early point: Armenia (1990), Azerbaijan (1991), Kazakhstan (1991), Kyrgyzstan (1991), Moldova (1990), Russia (1991) and Ukraine (1990). Again, though, in the absence of consolidated documents, it is difficult to verify the specific start date of semi-presidentialismism. Were there other amendments to the constitution apart from just the direct election of the president? Were there changes to the status of the prime minister and cabinet? And so on.

The precise start date of semi-presidentialism can be important because a couple of these countries experienced a brief period of democracy but then collapsed. For example, according to Freedom House Azerbaijan was a partial democracy in 1991 and 1992, but collapsed in 1993. The same is true for Kazakhstan from 1991-93 before its collapse in 1994. Studies about the positive or negative effects of semi-presidentialism on partial democracies do not have a large number of cases to go on. Therefore, the decision about whether or not to include two collapses is potentially important. If anyone has any comments, then please let me know.

Kyrgyzstan – New constitution (2007)

Just before I started this blog, Kyrgyzstan adopted a revised constitution in a referendum held on 21 October 2007. The text of the Constitution can be found on the site of the Venice Commission.

The constitution was a result of the so-called Tulip Revolution that followed the disputed result of the parliamentary elections in February/March 2005 and that led to the resignation of President Akayev. In July 2005, Kurmanbek Bakiyev was elected president and a process of constitutional revision began. However, President Bakiyev’s document was struck down by the Constitutional Court in September 2007. The October 2007 referendum was held to overturn the Court’s ruling. There is an article on the Court’s decision at RFE/RL. At the referendum, there was a large majority in favour of the new constitution.

Kyrgyzstan has a fairly complicated constitutional history. As far as I have unravelled the semi-presidential aspects of it, then this is how the story goes.

The first constitution dates back to May 1993. The president was directly elected and there was a prime minister. However, the mechanisms for parliament being able to hold the government accountable were very weak. There was no provision for parliament to censure the government of its own volition. Instead, the president’s nominee for PM required parliament’s consent (Art. 46 (2)), while the president could only dismiss the PM with the parliament’s consent (Art. 46 (5)). Therefore, it is arguable whether Kyrgyzstan was semi-presidential at this time, though it clearly had some key semi-presidential attributes.

The constitution was amended by a referendum in February 1996. This time Article 71 (5) clearly stated that parliament could pass a vote of no-confidence, though a two-thirds majority was required. However, the president could decide to reject the censure. If it was voted again within three months, then president could again decide to reject it or dissolve parliament. Also, Article 71 (3) stated that if the president’s nominee for PM was voted down by parliament three times, the the president could appoint a PM and dissolve parliament. Again, therefore, Kyrgyzstan was on the very cusp of semi-presidentialism.

Further amendments were passed in 1998, but did not affect Article 71. I do not have the amendments passed in 2001, but my understanding is that they did not affect the (dubious) semi-presidential nature of the constitution. In February 2003 further amendments were approved by referendum, but, to all intents and purposes, the situation was the same.

The Tulip Revolution resulted in another round of constitutional revision. The RFE/RL report paints a picture of a fairly confused and very disputed constitutional situation during the period 2005-2007. The result, eventually, was the Constitution that is now in place.

Article 69 now reduces the president’s discretion over the appointment of the PM. Article 71 also only requires a majority of votes for a censure motion against the government to be passed. However, the president may still decide to ignore the censure vote and, if another is passed within three months, the president has to dismiss the PM or dissolve the parliament.

In some senses, the 2007 constitution is the most semi-presidential since 1993. However, the restrictions on parliamentary censure raise issues as to whether the PM and government can be considered to be responsible to the legislature

All told, Kyrgyzstan is still on the cusp of semi-presidentialism, but probably just about merits being included in the list of countries with semi-presidential constitutions.