Hasty attempts to make far-reaching constitutional changes ahead of new parliamentary elections threaten fundamental human rights and the democratic process in Kyrgyzstan. This was stated by the international human rights organisation Human Rights Watch.
The draft constitutional amendments, which could be submitted to a referendum on January 10, 2021, were made public on November 17, 2020 after former acting president Sadyr Japarov called for changes to the constitution.
The interim parliament of Kyrgyzstan does not have the legitimacy to initiate far-reaching amendments to the Constitution, especially in a way that is contrary to the process provided for in the Basic Law.
Hugh Williamson, Human Rights Watch Director for Europe and Central Asia
According to him, any constitutional reforms should be postponed until a new parliament is sworn in so that there is no doubt about Kyrgyzstan's commitment to human rights and the rule of law.
Human rights activists note that the role of the outgoing convocation of parliament is not to rush to amend the Constitution, but to perform basic functions of government in accordance with the rule of law until the will of the people is expressed through free and fair elections.
According to Human Rights Watch, the content of the proposed constitutional changes raises serious concerns.
The changes have far-reaching implications for the governance of Kyrgyzstan, significantly weakening the Kyrgyz parliament, introducing a people's council and concentrating power in the hands of the president. Whether a country should have a presidential or parliamentary system of government is a political choice that must be made by citizens. However, from a human rights perspective, it is important that whatever the political system, it has a system of checks and balances to prevent the abuse of power by those in office.
The proposed constitutional changes significantly weaken the system of checks and balances in the executive branch.
The proposed changes also include, for example, a measure prohibiting publications, including online media, as well as shows and public events that contradict the generally recognised moral values and traditions of the people of Kyrgyzstan. This situation is incompatible with Kyrgyzstan's obligations to respect and protect fundamental rights to freedom of expression, assembly and association.
In addition, as human rights activists note, from now until January 10, when constitutional changes can be put to a vote by referendum, there is not enough time to comply with the constitutional deadlines for the adoption of the draft law on amendments to the Constitution, which raises serious concerns about the good faith of the intentions amendments.
Kyrgyzstan's international partners, in particular the European Union and its member states, the United States and the United Kingdom, should publicly urge the Kyrgyz government to pay due attention to the conclusions of the Venice Commission's opinion and to ensure that the upcoming elections are held in accordance with the Kyrgyz Constitution and fundamental freedoms.
“The fact that the leadership of Kyrgyzstan is trying to push through amendments to the Constitution now, before the next parliamentary elections, in violation of the procedures set forth in the Basic Law, speaks of ulterior motives. The priority now should be to ensure free, fair and timely elections,” Hugh Williamson said.
Note that a new draft of the Constitution has already been developed. With the signature of 80 deputies of the Parliament, a law was initiated on the appointment of a referendum on amendments to the Basic Law. It has been submitted for public discussion on the official website of the parliament.
The redrawing of the Constitution was originally an initiative of Sadyr Japarov. He spoke about this many times. However, the attempt to rewrite the Basic Law was shifted to the deputies of the parliament of the sixth convocation, which, in fact, became illegitimate after October 28, 2020, when the term of office expired.
Reported by Asiais (Russia).
