VZCZCXRO4524
OO RUEHDBU
DE RUEHEK #1587/01 3131234
ZNY CCCCC ZZH
O 091234Z NOV 06
FM AMEMBASSY BISHKEK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8512
INFO RUCNCIS/CIS COLLECTIVE IMMEDIATE
RUEHBJ/AMEMBASSY BEIJING IMMEDIATE 1803
RUEHDBU/AMEMBASSY DUSHANBE IMMEDIATE 1347
RHEFDIA/DIA WASHDC IMMEDIATE
RUEKJCS/OSD WASHDC IMMEDIATE
RUEAIIA/CIA WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
RUEKJCS/JOINT STAFF WASHDC IMMEDIATE
RUEHGV/USMISSION GENEVA IMMEDIATE 0378
RUEHVEN/USMISSION USOSCE IMMEDIATE 2218
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 1600
RUEHNO/USMISSION USNATO BRUSSELS BE IMMEDIATE
RUEHBS/USEU BRUSSELS IMMEDIATE
RUEHLMC/MILLENNIUM CHALLENGE CORP IMMEDIATE
RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL IMMEDIATE

C O N F I D E N T I A L SECTION 01 OF 04 BISHKEK 001587 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR SCA/CEN 
 
E.O. 12958: DECL: 09/12/2016 
TAGS: PGOV PREL KG
SUBJECT: A SNAPSHOT OF THE NEW KYRGYZ CONSTITUTION 
 
REF: BISHKEK 1586 
 
BISHKEK 00001587  001.2 OF 004 
 
 
Classified By: Amb. Marie L. Yovanovitch, Reason 1.4 (b) and (d). 
 
¶1. (C) SUMMARY AND COMMENT:  On November 9, President Bakiyev 
signed into law a new constitution, which is effective 
immediately.  The text, which is based on an amended version 
of the existing constitution, was passed around midnight on 
Nov. 8 by the Kyrgyz parliament.  The result of a compromise 
between the president and the opposition, agreement on the 
new text was reached under pressure from mass protests that 
started on November 2, and the compromise effectively ended 
the demonstrations.  Under the terms of the compromise, the 
President, the Prime Minister and other elected and appointed 
officials will be allowed to serve out their existing 
mandates. 
 
¶2. (C) The revised constitution shifts some of the 
president's powers to the parliament and the government, 
strengthens the independence of the judiciary, and provides 
an enhanced system of checks and balances among the branches 
of power.  The new constitution also allows for dual 
citizenship, which the old constitution did not.  The changes 
made to the constitution represent a positive development 
towards a better balance between the branches of power. 
However, much will depend on how the new provisions are 
implemented.  END SUMMARY AND COMMENT. 
 
THE NEW OLD CONSTITUTION 
------------------------ 
 
¶3. (U) Around midnight on November 8, the Kyrgyz parliament 
adopted amendments to the existing constitution with 67 out 
of 69 votes.  Even though many people refer to this document 
as "the new constitution", in reality it is the old 
constitution amended to allow for better system of checks and 
balances.  (Note: The existing legislation does not provide 
for adopting a totally new constitution. End note.) 
 
¶4.  (U) The changes envisage shifting some of the president's 
powers to the parliament and the government, provide 
potential for strengthening the independence of the 
judiciary, and define a better system of checks and balances 
between branches of power.  Early in the afternoon on 
November 9, the president signed the amendments and the new 
constitution came into effect.  Under the terms of the 
compromise, the President, the Prime Minister and other 
elected and appointed officials will be allowed to serve out 
their existing mandates.  Below is post's quick analysis of 
the new provisions of the constitution.  We note that there 
remains some confusion regarding the final version of some of 
the clauses in the new constitution. 
 
PRESIDENT'S POWERS CURTAILED 
---------------------------- 
 
¶5. (SBU) In the new version, the president's powers are 
curtailed.  Now the president does not nominate the prime 
minister -) this right goes to a majority party in the 
parliament.  The president also lost his authority to 
determine the structure of the government and to appoint, 
members of the government (i.e. the cabinet of ministers). 
However, the president retains his right to dismiss members 
of the government.  The president lost his authority to 
establish or disband the National Security Service (SNB) -) 
this agency becomes a part of the government and its chair 
now reports to the prime minister, not to the president, as 
before.  In theory, all the ministers now report to the Prime 
Minister; previously, the President controlled the power 
ministries (Interior, Defense, Foreign Affairs and the SNB). 
However, the President retains the responsibility of 
formulating foreign policy and remains the Commander in Chief 
of the Armed Forces.  The president can no longer establish 
or abolish executive bodies that are outside the government) 
 
BISHKEK 00001587  002.2 OF 004 
 
 
this authority used to be one of the president's most 
powerful tools.  Previously, the president nominated judges 
for parliamentary approval; now a new body, the National 
Council for Judicial Affairs, nominates judges for the 
Constitutional and Supreme Court, and the president forwards 
the nominations to the parliament for approval.  However, the 
law establishing the National Council remains to be written. 
(Comment:  Establishment of a National Council for Judicial 
Affairs is part of the Kyrgyz proposal for an MCA Threshold 
Country program to increase independence of the judiciary. 
End Comment.) 
 
¶6. (U) There was a bitter fight between the president and 
opposition over the authority to appoint, with the consent of 
parliament, and to dismiss the General Prosecutor, the chairs 
of the National Bank, Central Electoral Commission and 
Auditing chamber, and local judges.  In the end, the 
president retained all of the above authorities, but in the 
case of appointing local judges, he can appoint them from a 
pool of names nominated by the National Council for Judiciary 
Affairs. 
 
¶7.  (U) The new text also eliminates the president's previous 
right to suspend or annul normative legal acts of the 
government. 
 
¶8. (U) The new constitution significantly limits the 
president's ability dissolve the parliament.  The President 
may dissolve parliament when parliament fails three times to 
form the government.  Previously, the President could 
dissolve the parliament as the result of a referendum, in the 
event of three refusals to approve the appointment of a Prime 
Minister or in the event of "another crisis caused by 
insurmountable differences between the parliament and other 
branches of state power."  This last catchall provision is 
eliminated entirely in the new text. 
 
¶9.  (U) Under the new text, the procedure to impeach the 
president has become much easier: the president can be 
removed by two thirds of votes in the parliament on the basis 
of a parliamentary charge of high treason or commission of 
another grievous crime. Before, the charge had to be 
confirmed by a ruling of the Constitutional Court and passed 
by a four-fifths majority of the total number of deputies. 
The old text also had a penalty clause ) dissolution of the 
parliament ) if the parliament failed to secure concurrence 
of the Constitutional Court.  The Constitutional Court has no 
role in the impeachment process in the new text; Parliament 
alone can impeach. 
 
¶10. (U) According to the new constitution, if the president 
is unable to carry out his duties, the speaker of parliament 
performs his duties until the election of a new President; 
previously, the Prime Minister took over the duties.  (Note: 
Parliamentary Speaker Sultanov played a key mediating role in 
negotiating the compromise text.  End note.) 
 
¶11. (U) The new constitution contains a provision precluding 
an incumbent president from extending his term in office or 
re-election to a new term if changes to the constitution are 
made. 
 
PARLIAMENT BECOMES LARGER AND STRONGER 
-------------------------------------- 
 
¶12. (U) The number of deputies increased from 75 to 90, and 
half of them are to be elected by party lists. 
 
¶13. (U) The party that receives over 50% of seats to which 
deputies are elected by party lists (i.e., at least 23 
seats), nominates the prime minister and forms the 
government.  If none of the parties gets at least 23 seats, 
the president designates the majority party that will 
nominate the prime minister and form the government; if the 
 
BISHKEK 00001587  003.2 OF 004 
 
 
majority party is unable to do this within 14 days, the right 
to form the government goes to the second largest party.  If 
this second party fails, then the right goes to the third 
largest party.  If the third largest party does not form the 
government, the president may dissolve the parliament and 
form a government, which will operate until the new 
Parliamentary elections are held and a newly elected 
parliament forms a new government. 
 
¶14.  (U)  In the new constitution, the number of committees 
in the parliament is not specified; previously, it was 
limited to 7 committees. 
 
¶15.  (U)  Now the presence of a majority of deputies at a 
parliamentary meeting is sufficient for a quorum; previously, 
the presence of two thirds of deputies was required for a 
quorum. 
 
¶16.  (U)  The parliament can express a vote of no confidence 
in the government by a simple majority vote; previously, no 
less than two-thirds of the total number of deputies was 
required. The president can either agree to dismiss the 
government or disagree with the decision of the parliament. 
In the latter case, the government remains in power.  If 
within three months the parliament again expresses a vote of 
no confidence, the president must either dissolve the 
parliament or dismiss the government. 
 
¶17.  (U)  The old constitution did not have a clear provision 
when deputies could be deprived of their parliamentary 
mandate if they systematically miss meetings of the 
parliament without any good reason during one session; now a 
threshold of 45 working days is introduced. 
 
GOVERNMENT BECOMES MORE INDEPENDENT OF THE PRESIDENT 
--------------------------------------------- ------- 
 
¶18.  (U)  Now the government is responsible and accountable 
to the parliament; previously, the government was responsible 
to the President and accountable to the parliament. 
 
¶19.  (U)  Now the prime minister determines the structure, 
nominates government ministers and offers them for 
parliamentary approval. 
 
JUDICIARY 
--------- 
 
¶20.  (U)  The new constitution envisages a new body - the 
National Council for Judiciary Affairs (NCJA), which will 
consist of equal numbers of judges, members of the parliament 
and representatives of civil society.  Operation and 
authorities of NCJA will be outlines in a separate law. 
 
¶21.  (U)  Judges of local courts will be appointed or 
dismissed by the president at the nomination of NCJA; the 
first appointment will be for the period of 5 years, and for 
10 years thereafter.  Before, local judges were appointed by 
the president with the consent of the parliament for a term 
of 7 years. 
 
¶22.  (U)  Now a judge of the Constitutional Court or the 
Supreme Court may be dismissed from his office before the end 
of the term by no fewer than two-thirds of the total number 
of deputies of the parliament upon the nomination by the 
President only if it is supported by NCJA. 
 
DUAL CITIZENSHIP 
---------------- 
 
¶23. (U) The new constitution allows for dual citizenship, 
which the previous constitution did not. 
 
OTHER SIGNIFICANT CHANGES 
 
BISHKEK 00001587  004.2 OF 004 
 
 
------------------------- 
 
¶24.  (U) The preamble of the constitution defines Kyrgyzstan 
as "a sovereign, unitary, democratic, based on the rule of 
law, social state"; the previous definition also contained 
the word "secular". 
 
¶25.  (U)  According to the new constitution, changes to it 
can be made by the parliament; the old constitution allowed 
for adoption of changes through a referendum.  The new 
constitution retains a provision requiring that proposals to 
introduce amendments and supplements to the Constitution are 
considered by the parliament, taking into account the ruling 
of the Constitutional Court, no earlier than three months and 
no later than six months from the day of submission of the 
proposal to the parliament. 
 
¶26. (U)  The new constitution contains a section on a 
transition period, during which the current president and 
parliament, judges of the Supreme Court, the Constitutional 
Court and local courts, chairs of the National Bank, Central 
Electoral Commission and Auditing Camber, the General 
Prosecutor and Ombudsman, mayors and local governments remain 
in their offices until the end of the term to which they were 
elected or appointed.  The existing legislation will remain 
in force until it is brought in compliance with the new 
provisions of the constitution, if needed. 
 
THE THORNY LANGUAGE ISSUE 
------------------------- 
 
¶27. (U) The constitution was written and adopted in the 
Russian language; now it is to be translated in Kyrgyz. 
YOVANOVITCH