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Urgent efforts in Kyrgyzstan to introduce sweeping constitutional amendments before new elections endanger fundamental human rights and the democratic process, Human Rights Watch said Saturday. Drafts of constitutional amendments, which on 10. January 2021 could be voted by referendum, on 17. November 2020, after former incumbent President Sapar Japarov called for constitutional changes.

« Kyrgyzstan’s janitorial parliament lacks the legitimacy to initiate sweeping constitutional changes, particularly in ways that are contrary to the constitutional process, » said Hugh Williamson, director for Europe and Central Asia at Human Rights Watch. “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. ”

The role of this outgoing parliament is not to accelerate constitutional amendments, but to perform essential governance functions in accordance with the rule of law until the will of the people is expressed in a free and fair election, Human Rights Watch said.

After the controversial parliamentary elections on 4. October and the following protests, the Kyrgyz Central Election Committee (KEK) raised on 6. October the result. On the 21st. The committee planned to repeat the parliamentary elections for October 20. December.

On 22. However, on October Parliament adopted amendments that postponed new parliamentary elections until shortly before June 2021 to allow constitutional reforms. The amendments were adopted in breach of procedural norms and accelerated by three readings in Parliament in one day.

On 2. November the Kyrgyz Constitutional Chamber announced that it would raise an objection to the constitutionality of the November 22nd. Review changes adopted in October.

In an emergency letter from Amicus Curiae dated Jan.. On November 11th, the European Commission for Democracy by Law, also known as the Venice Commission, declared: « If the parliamentary mandate ends, its political legitimacy will be reduced » Zeit, Kyrgyzstan « Parliament is only allowed to perform some ordinary tasks, while there are no extraordinary measures, including constitutional reforms. ”

The changes are far-reaching in terms of governance in Kyrgyzstan, which significantly weakens the Kyrgyz Parliament, introduces a People’s Council and concentrates power in the presidency. Whether the country should have a presidential system or a parliamentary system is a political decision of the citizens. From a human rights perspective, however, it is important that, regardless of the political system, there are control mechanisms in place to prevent abuse of power by those who hold political office.

The proposed constitutional amendments have severely affected the control and balance of the executive, according to Human Rights Watch.

For example, the proposals also include a measure prohibiting publications, including electronic media, as well as shows and public events, that violate « generally accepted moral values ​​and traditions of the people of Kyrgyzstan ». Such a provision is inconsistent with Kyrgyzstan’s obligations to respect and protect fundamental rights to freedom of expression, assembly and association.

In addition, up to the 10th. January insufficient time to put constitutional amendments to a referendum to meet constitutional deadlines for adoption of constitutional amendment bill Human Rights Watch said there were serious concerns about the good faith intention to proceed with those amendments. art. 114 states on the amendment of the constitution: “A law amending this constitution is passed by the Jogorku Kenesh [parliament] with a majority of at least two thirds of the total number of MPs of the Jogorku Kenesh after at least three readings with an interval of two months between readings. ”

In the days since the draft constitutional amendments were published, they have been heavily criticized by current members of parliament, former interim president Roza Otunbaeva and human rights defenders and activists, among others. A peaceful march « For the Constitution! » was for the 22. November in Bishkek called.

After elections are held and a new parliament is sworn in, the Kyrgyz parliament could propose constitutional reforms and enter into a full consultative consultation process, Human Rights Watch said.

The international partners of Kyrgyzstan, in particular the European Union and its Member States, the USA and the United Kingdom, should publicly call on the Kyrgyz government to give due weight to the conclusions of the Amicus Curiae Brief of the Venice Commission and to ensure the upcoming elections in In accordance with the Kyrgyzstan Constitution and fundamental freedoms.

« The fact that the Kyrgyz leadership is now trying to work through the constitutional amendments before the parliamentary elections are rerun and in breach of constitutional procedures suggests ulterior motives, » said Williamson. “The priority now should be to ensure free, fair and timely elections. ”

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