Constitution of Kyrgyzstan

Kyrgyzstan

This article is part of the series: Politics and government of Kyrgyzstan

Constitution Constitution Parliamentary republic Executive President Roza Otunbayeva President-elect Almazbek Atambayev Acting Prime Minister Omurbek Babanov Legislative Supreme Council Elections Elections Presidential: 2009, 2011 Parliamentary: 2007, 2010 Referendum: 2010 Political parties Politicians Others Human rights Foreign relations Oblasts Raions 2010 Kyrgyzstan riots

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The current constitution of Kyrgyzstan was passed by referendum on June 27, 2010,^[1] replacing the previous constitution. The document introduces a strong parliament to the country, which reduces the power of the historically strong president. The constitution is similar in many ways to the previous.

Passage

The referendum passed with 90% of the votes and 70% voter turnout, despite 400,000 people, mostly ethnic Uzbeks, having fled ethnic violence in the south of the country who had still not returned. This replaced the older constitution.

The constitution replaced the old immediately upon publication of the voting results, although according to the document, limited sections do not come into force until later.

Despite fears of illegitimacy due to the recent violence, there were no major reports of violence or fraud during the election. International monitor organizations such as the OSCE approved of the vote. Prior to voting day the government dropped leaflets over Bishkek, urging citizens to remain peaceful and keep the future of their country in mind.^[2]

Support for the constitution was strong throughout the country and among all major ethnic groups, despite a relatively low voter turnout in the south of the country and some fears that a parliamentary system would be weaker than a single strong president.^[3]

Prior to the drafting of the document, input was received from the Venice Commission, who later said they were pleased with the result.^[4][5]

President Medvedev of Russia stated concerns that it would lead to instability and volatility, giving rise to extremism.^[4]

Impact

The constitution legislates a shift in the countries politics away from a presidential system and toward a parliamentary system which will reduce the power of the president. The last two presidents of Kyrgyzstan under the old system, Askar Akayev and Kurmanbek Bakiyev, were ousted in revolutions.

Under the new constitution, the president will serve a single six year term, with no reelection possible.^[3] Although the president is weaker in the new system than previously, it is not a figurehead position as in many parliamentary systems. The president has veto power and the ability to appoint heads of state bodies.

The constitution limits any single political party to 65 of the parliament's 120 seats in an unusual bid to limit power concentration. In addition, political parties may not be founded on ethnic or religious grounds, and members of the police, armed forces, and judiciary are prohibited from joining parties.^[4]

The document gives significant mention to human rights, particularly section two. It declares men and women to be equal and prohibits discrimination in article 16. The rights of prisoners are outlined is article 20, including a ban on the death penalty and torture.

Outline

The constitution is split into nine sections composing 114 separate articles. The sections, which are structured similarly to the old constitution are as follows:

1. Foundations of constitutional order
2. The rights and freedoms of man and citizen
3. President of Kyrgyzstan
4. Legislative authority of the Kyrgyz Republic
5. Executive powers of the Kyrgyz Republic
6. Judicial powers of the Kyrgyz Republic
7. Other government agencies
8. Local self-government
9. How to make changes in this constitution

In addition, there is a last section which details the implementation of the constitution, including date of effect, nullification of the previous constitution, and creation of the interim government.

References

1. ^ "OSCE observers back Kyrgyzstan referendum" http://www.bbc.co.uk/news/10432243. BBC News. 28 Jun 2010. Retrieved 16 Jul 2010.
2. ^ New Kyrgyz constitution approved. Al Jazeera. June 28th, 2010.
3. ^ ^{a b} Kyrgyz voters endorse new constitution. Wall Street Journal. June 28, 2010.
4. ^ ^{a b c} How strong is Kyrgyzstan's new Constitution? Radio Free Europe. July 2, 2010.
5. ^ Venice Commission positively values new draft of Kyrgyz Constitution. The Free Library. June 7, 2010.

• Full text in Russian can be found here.