Parliamentary Practice and Procedure in Kyrgyzstan: A Programme in Support of the Jogorku Kenesh

Background

Kyrgyzstan was the first state in Central Asia to declare independence from the USSR in 1991, gaining the reputation of being a leader in democratic transformations in Central Asia by taking steps in the direction of democratic development, division of powers and the creation of a market economy. Substantially free and democratic elections in 1995 added to the Republic’s reputation as an “island of democracy” in a region, which does not favour rapid democratic transformations.

Until 1994 the Kyrgyz Parliament, as the supreme body of the state power according to the Constitution performed legislative, administrative and controlling functions and had the authority to consider and resolve any issue within the competence of the Kyrgyz Republic. According to the Constitution, the Jogorku Kenesh is comprised of the Legislative Assembly (LA), or lower chamber, acting on a permanent basis and elected based on representation of interests of the overall population of the Republic, and the Assembly of Peoples’ Representatives (PRA), or upper chamber, acting by sessions and elected based on representation of territorial interests. The Constitution was amended by referendum in February 1996 to substantially strengthen the President’s powers and define the role of Parliament. Although as a result Parliament became increasingly active, it still did not check the power of the President effectively. In February 2000, there were elections held for the new Jogorku Kenesh of the second convocation based on a mixed system of majority and proportional representation. For the first time there were elections held in a single national constituency in which political parties competed for 15 seats in the Legislative Assembly. The country was divided into 45 one-member constituencies for election of deputies to both chambers. Currently, the Legislative Assembly is comprised of 60 deputies (15 according to party lists and 45 from one-member constituencies) and the Peoples’ Assembly – of 45 deputies. Overall membership of the parliament cannot be considered as opposition to the President. In October 2000, President Akayev was elected by an overwhelming majority for a second term.

The Kyrgyz Republic conducted a constitutional referendum in February 2003. The most important of the reforms mandated by the referendum were the abolition of the current two-chamber legislature and the creation of a unicameral one of 75 deputies, with all deputies to be elected from single-mandate constituencies, the abolition of party lists, and immunity from prosecution for former presidents and their families. The electorate also affirmed that President Akayev should remain in office until his term expires in December 2005 in order to preside over the implementation of the constitutional amendments, which generally are expected to bolster the president’s power at the expense of the parliament. The current tendency in the political environment in Kyrgyzstan, to strengthen the powers of the President and slow the process of democratic transformation, calls for the development of strategies designed to strengthen the institutions of representative power – first and foremost the national parliament.

From October 8-15, 2003, The East-West Parliamentary Practice Projectconducted a needs assessment mission to Bishkek, Kyrgyzstan, to prepare the groundwork for the development of a programme aimed at strengthening parliamentary development in Kyrgyzstan. Discussions with Kyrgyz deputies and parliamentary staff, including the parliamentary leadership, as well as representatives of UNDP, NDI, the OSCE and others during the October needs assessment mission, revealed the key challenges facing the Kyrgyz Parliament as it attempts to define and strengthen its oversight, representative and legislative functions.

Predictions about changes in the functioning of the Parliament after the post-2005 elections varied. In all likelihood, the vast majority of current deputies will not be re-elected under the new system. Although Parliament will have increased responsibilities, and will play a greater role in the formation of government and the judicial branch in the future, it will be weakened by the exclusion of parties in favor of regional interests; as well as the reduction of districts. Powerful district representatives will be in Parliament, spelling the end of fractions. Without party lists, the representation of women in Parliament will be dramatically reduced under the new structure. There was a general consensus that it is timely to prepare for the changes which will be put into place in 2005.

Programme objectives

The Programme “Parliamentary Practice and Procedure in Kyrgyzstan: A Programme in Support of the National Assembly of the Republic of Kyrgyzstan” is a joint initiative of the East-West Parliamentary Practice Project and the National Governance Programme of United Nations Development Programme in Kyrgyzstan. The primary purpose of the programme is to support the development of the parliament as an independent and transparent institution (forum of the nation), effectively performing its oversight, legislative and representative functions, with particular emphasis on increasing awareness on the part of the parliament on the role and functions of parliament and its members, facilitating the transition of the parliament from a bi-cameral to a unicameral structure and optimizing the internal functioning of the Kyrgyz Parliament. The programme aims to strengthen relations between parliament and government; between parliament, the electorate and non-governmental organizations; and between parliament and press. Further, the programme intends to increase transparency of parliamentary work and decision-making, to better the function of parliamentary groups and to improve the quality of legislation.

Programme duration

1 December 2003 – 31 May 2005

Funding

Funding for the programme Parliamentary Practice and Procedure in Kyrgyzstan: A Programme in Support of the Jogorku Kenesh is provided by the Netherlands Ministry of Foreign Affairs through the Embassy of the Kingdom of the Netherlands in Kazakhstan.

Implementing partners

This project is coordinated jointly by the EWPPP in Amsterdam and the National Governance Programme of the United Nations Development Programme in the Kyrgyz Republic.

Programme Activities

Workshop I: Increasing the Effectiveness of Parliament: Issyk-Kul, Kyrgyzstan, 22-27 April 2004

The first international interparliamentary seminar, Increasing the Effectiveness of Parliament, was held on April 22-27 February 2004, at the Issyk-Kul Lake, Kyrgyz Republic. More than 60 participants from parliaments and non-government organizations from various CIS countries, the Netherlands and Hungary participated in the workshop. During the workshop, seven working sessions were conducted, a series of informal meetings on the topic of the workshop were held, a press-conference for journalists was given, and there were several cultural events and a meeting organized with the Speaker of the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic, Mr. Abdygany Erkebaev; the Consul Honorable of the Netherlands in Kyrgyzstan, Mr. Joomart Otorbaer; and the Vice Prime Minister of the Kyrgyz Republic, Mr. Djoomart Otorbaev.

The following conclusions were drawn from the seminar:

• Irrespective of the system of rule, parliaments are one of the most transparent and democratic state bodies;
• Oversight function is one of the most important functions of the parliament and it requires the introduction of practical oversight procedures, a human capacity and a strong organizational basis;
• Parliamentary staff ensure the sustainability of parliamentary operations, its professionalism and preserves its institutional memory;
• The structure of a parliament is not an issue for political debate. It must depend on objective factors, such as: the type of state structure, territory, national composition of the country, etc;
• The main goal of each parliament is to work for the interests of voters;
• Parliamentary development in transitional countries is, on one side, a risk but at the same time creates new opportunities;
• The workshop allowed members of parliament from different countries to share their experiences.
• It is important to preserve current inter-parliamentary relations and to integrate the capacity of parliaments for mutual enrichment and exchange of experience.

Working Visit of Representatives of the Parliamentary Assembly of the Republic of Kyrgyzstan, Jogorku Kenesh, to the Parliament of the Netherlands: The Hague, Netherlands, 5-9 September 2004

The working visit of representatives of the Jogorku Kenesh of the Kyrgyz Republic to the Parliament of the Netherlands, held on 5-9 September 2004, presented an excellent opportunity for the core group of programme participants from the Kyrgyz parliament to gain insight into aspects of Dutch parliamentary organization and observe day to day practices in the Dutch Parliament.

The visit aimed to assist the representatives of the Kyrgyz Legislative Assembly to prepare for the February 2005 elections by exposing them to the experience of a democracy with a long democratic parliamentary tradition. Issues such as the electoral system, electoral management in the Netherlands, balancing party loyalty and legislative obligation, and parliamentary oversight were discussed during the working sessions. Participants included Kyrgyz MPs and staff, members and former members of both chambers of the Dutch Parliament, guest speakers, and programme experts. In the framework of the working visit the Kyrgyz delegation also met with Frans W. Weisglas, the President of the House of Representatives of the Dutch Parliament.

The visit facilitated a non-partisan, open debate and increased familiarity on the part of the members and staff of the Jogorku Kenesh with the structures and procedures of the Parliament of the Netherlands. The participants exchanged their views on the role of parliament and its members in exercising oversight, representative and legislative functions. It was considered essential to enhance the role of the Kyrgyz Parliament in controlling the executive and develop the instrument for parliamentary control over government.

A separate programme with the participation of the Secretary General of the House of Representatives of the Dutch Parliament, Willem Hendrik de Beaufort, and other Dutch staff members was organized for the Kyrgyz parliamentary staff. Two sessions focusing on the parliamentary apparatus and professionalization of the parliamentary staff were held. Topic discussed included the organization of the daily work of the apparatus; the organizational, legal, financial, and social status of parliamentary apparatus; management of parliamentary staff; and the improvement of staff qualifications. Participants underlined the importance of developing mechanisms guaranteeing the independence of parliamentary staff from deputies in the Kyrgyz Parliament.

Workshop III: Transparency of Parliamentary Work and the Decision-making Process: Kashka-Suu, Kyrgyzstan, 25-28 November 2004

This interparliamentary seminar held on 25-28 November 2004, brought together representatives from the parliaments of Kyrgyzstan, the Netherlands, the Russian Federation, and Hungary to discuss the February 2005 elections and transparency of both parliamentary work and the decision-making process. Issues highlighted during the working sessions included mechanisms of transparency in parliamentary work in the perspective of the different parliamentary traditions, transparency of the legislative procedure, role of civil society in increasing the transparency of parliamentary work, financial transparency, and transparency of the parliamentary apparatus as a condition for its effectiveness.

Comparative studies of parliamentary transparency experiences gave the Kyrgyz parliamentarians and parliamentary staff an opportunity to broaden their knowledge about transparency mechanisms in routine parliamentary work. Concluding seminar participants agreed that a transparent procedure means an interactive process between society and the legislators.

Significant attention was devoted to the discussion on the Rules of Procedure of the Jogorku Kenesh in the three working groups composed of the members and representatives of the Kyrgyz, Dutch, Hungarian, and Russian Parliaments; media and NGO representatives; and staff members of the Kyrgyz, Dutch, Hungarian, and Russian Parliaments. Participants including the author of the Kyrgyz Rules of Procedure, Ishenbai Kadyrbekov, scrutinized a number of articles in terms of mechanisms ensuring transparency of parliamentary work. As a result of the session, each of the working groups produced a set of positive critiques and constructive recommendations in order to improve the democratic parliamentary practices of the Jogorku Kenesh.

2005 Activities

A final international inter-parliamentary conference is scheduled to take place in the second quarter of 2005 in Kyrgyzstan. This international conference will target the newly elected Kyrgyz MPs and staff and will focus on the relations between parliament and government. Visiting participants will include representatives from the Netherlands, Central Europe, the Baltic States, Russia, and Sweden. *Implementation is temporarily on hold in light of the current situation.