Rushed efforts in Kyrgyzstan to introduce far-reaching constitutional changes before new parliamentary elections endanger fundamental human rights and the democratic process. The international human rights organization Human Rights Watch says.
Draft constitutional amendments, which could be put to a vote by referendum on January 10, 2021, were made public on November 17, 2020 after the former acting President, Sadyr Japarov, called for constitutional changes.
«Kyrgyzstan’s caretaker parliament does not have the legitimacy to initiate far-reaching constitutional amendments, especially in a way contrary to the process provided for in the constitution,» said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. «Any constitutional reforms should be delayed until after a new parliament is sworn in, so that there’s no doubt about Kyrgyzstan’s commitment to human rights and the rule of law.»
As the human rights defenders note, the role of this outgoing parliament is not to rush in constitutional amendments, but to discharge essential governance functions in line with the rule of law until the will of the people is expressed in a free and fair election.
According to Human Rights Watch, the substance of the proposed constitutional changes is of great concern.
The changes are far-reaching in terms of how Kyrgyzstan is governed, significantly weakening Kyrgyzstan’s parliament, introducing a people’s council, and concentrating power in the presidency. Whether the country should have a presidential system or a parliamentary system is a political choice to be made by citizens. But what is important from a human rights perspective is that whatever the political system, it has checks and balances to prevent abuse of power by those who hold political office.
The proposed constitutional changes significantly erode checks and balances on the executive.
Human Rights Watch
The proposals also include, for example, a measure that would prohibit publications, including electronic media, as well as shows and public events contrary to «generally recognized moral values and the traditions of the people of Kyrgyzstan.» Such a provision is incompatible with Kyrgyzstan’s obligations to respect and protect fundamental rights of expression, assembly, and association.
In addition, as the organization notes, there is not enough time between now and January 10, when the constitutional changes could go to a vote by referendum, to adhere to the time frame requirements outlined in the constitution for adopting the draft law on constitutional amendments, raising serious concerns about the good faith intent in pursuing these amendments.
Kyrgyzstan’s international partners, in particular the European Union and its member states, the US, and the UK, should publicly urge the Kyrgyz government to give due weight to the conclusions of the Venice Commission’s amicus curiae brief and to ensure that upcoming elections take place in accordance with Kyrgyzstan’s constitution and fundamental freedoms.
«The fact that Kyrgyzstan’s leadership is trying to ram through constitutional changes now, before holding a rerun of the parliamentary election and in violation of the procedures laid out in the constitution, suggests ulterior motives,» Williamson said. «The priority now should be on ensuring free, fair, and timely elections.»
Eighty deputies of the Parliament initiated a law on holding a referendum to amend the Constitution. It has been submitted for public discussion on the official website of the Parliament.
The redrawing of the Constitution was originally initiated by Sadyr Japarov. He spoke about this many times. However, the attempt to rewrite the Basic Law was shifted to the deputies of Parliament of the sixth convocation, who, in fact, became illegitimate after October 28, 2020 — their term of office has expired.
