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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 
 
BISHKEK 00000002  001.2 OF 002 
 
 
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 
 
BISHKEK 00000002  002.2 OF 002 
 
 
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