The Political Development of Kyrgyzstan since 2005

1. The Political Development of Kyrgyzstan since 2005 Presented by Zakir CHOTAEV Visiting Scholar in IERES, Elliott School, GWU. Senior Lecturer in the Department of State Building Academy of Management under the President of the Kyrgyz Republic, Department of International Affairs the Kyrgyz-Turkish Manas University.

2. The Kyrgyz Republic

3. Contents: • The development of the political system of Kyrgyzstan under the Akaev rule • The Political Development after 24th March 2005 • The main reasons of the fall down of the Akaev regime. Some comparison with new regime • The Constitutional Amendments after the Events of March 24th • The reelection of President Bakiev and widening of the administrative reforms in Kyrgyzstan • New structure of the state governance • Analysis and Consequences of the Administrative Reforms • Conclusion on the importance of the constitutional development • Kyrgyz Foreign Policy • The Brief Analysis of the Kyrgyz Foreign Policy • Multi-Vector Policy Issue: The Case of the Relations with Great Powers: USA and Russia

4. The development of the political system of Kyrgyzstan under the Akaev rule • Kyrgyzstan is one of the post-soviet Central Asian countries with the smallest territory and size of population in the region with lack of rich mineral resources. This situation contributes to development of the priorities in its foreign and domestic policies and provides Kyrgyz leadership to promote the “twin ideals of democracyand a market economy” in the country • AskarAkaev, the first President of the Kyrgyz Republic was leader among the Central Asian countries on implementation of liberal and democratic reforms in Kyrgyzstan after the collapse of the Soviet Union – “island of democracy” • “[D]uring the early 1990s Kyrgyzstanremained the most open of the Central Asian states, and exhibited a relatively high degree of social pluralism” (John Anderson, 2000)

5. Since 1995, Akaev’s government began to strengthen the presidential authority (1996 amendments to the Constitution) and impose limits to the ‘press freedom’ by launching attacks on independent media sources • 1999 (Aksiy events): Akaev imposed the authoritarian rule in the country supported by political elite and encouraged by Akaev’s family members • 2000: Reelection of Askar Akaev in 2000 year for a so called ‘second term’. Constitutional Court decision. • 2003 amendments to the Constitution. As it was claimed, these arrangements were adopted to prolong Akaev’s regime in the Kyrgyzstan.

6. The Political Development after 24th March 2005 • The events of the 24th March 2005 opened new opportunity for democratization in Kyrgyzstan • The new state government was composed of two main representatives of South and North of Kyrgyzstan – President Kurmanbek Bakiev and Prime Minister Feliks Kulov in order to avoid regional withstanding • Political struggle, street meetings and disagreement between the main political forces on the implementation of the constitutional reforms had been continued until the end of the next (2006)

7. Under the pressure of opposition new Constitution was admitted on the 8th November 2006. • Threat of dissolution of Jogorku Kenesh forced to the admission of new Constitution Amendments on the 30th of December 2006 • New wave of confrontation in the April 2007 between the President and the former Prime Minister Feliks Kulov who became the leader of ‘the united opposition front’ resulted in the fall down of the opposition activity and the strengthening of President Authority • On September 14th 2007 The Constitutional Court canceled the Constitutional Amendments of 8 November and 30 December opening way for new Constitution initiated by President Bakiev which adopted on the 21st October 2007.

8. The main reasons of the fall down of the Akaev regime • Despite the allegations of external involvement in the events of March 2005, the main causes of ‘colorful revolution’ derived from the Kyrgyzstan domestic situation: socio-economic, cultural and political environment • John Engval analyzing the Kyrgyz state system emphasized the absence of stable legal order to build a strong state structure, and also the presence of legal deficit in the political and state relationship. • The existence of permanent socio-economic crisis in the country is one of the important reasons of instability. • Akaev government showed unwillingness and failed to implement the democratic order as well as to cope with socio-economic situation which are the results of the weak legal system supported by the corruption and nepotism • Clan politics: the process of monopolizing of political and economic power in Kyrgyzstan by the Akaev family in the beginning of 2000’s decreased the political support from other clans, weakened the state authority and finally destabilized the situation in the country.

9. Evaluation of the Bakiev government • The political struggle and distribution of state powers between new leaders and political and regional clans became one of the main problems, opposing the consolidation of the state authority during the relatively democratic but unstable transitional period of 2005-2007. • The following political development also shows that new government confronting the similar problems as Akaev’s regime had, continue to use the old methods in order to consolidate the presidential powers and disperse the opposition. • During this period President Bakiev more skillfully applied the method of political intrigues as well as actively used the process of constitutional reforms in the country.

10. The Constitutional Amendments after the Events of March 24th • In 2003 Constitution, there were very wide presidential powers: the President had the authority to define the foreign and security policies, control national security services, determine the state government structure. He appointed Prime Minister, members of government, local administration,the procurator-general, constitutional, supreme and local courts members with consent of JogorkuKenesh (article 46) • Despite the transition of some presidential powers to the parliament in 2003, the state government looked more semi-presidential system than semi-parliamental because of very weak position of the Kyrgyz Parliament

11. The Amendment of the 8th November 2006: restricted presidential power to control the national security forces, to format state government and appoint its members, so as restricted the presidential influences on the judicial branch and legislations (article 46). Adopted new electoral system of proportional representation of Jogorku Kenesh (at least 50%, article 56), widened the parliamentary powers to format the government, and also strengthened the independence of executive branch (government). • The Amendment of the 30th December 2006 reinforced the presidential power to organize and control security services and widened the President influences on formation of government by restricting the Parliament timetable to present the government members and format its structure (from 14 to 5 working days, article 69)

12. The 2007 Amendment reinforced the settle of proportional representation system in the formation of the Parliament but totally removed the single-member districts from the election process (article 54). • - widened the presidential powers by determining the direct presidential control on 4 government fields, such as national security, arms forces, foreign policy and internal affairs (article 46). • - provides new structure of National Council for Justice Affairs to format and control judicial branch (article 84). • New Basic Law preserved the semi-presidential system of the state government and made it stronger, aiming reformation of judicial branch did not restrict the presidential influence on it. 2007 amendment opened way to the president newly organized political party and eliminated the possibility to reelect the strong opposition leaders in the single-member districts.

13. The reelection of President Bakiev and widening of the administrative reforms in Kyrgyzstan(upcoming events) • The socio-economic situation, energy crisis with effects of the world economic downfall of 2008 required implementation of new development strategy in the country and urgent financial support for the government. • Agreement with Russia on financial support to Kyrgyzstan • Decision of withdrawal of US military airbase from the country • Consolidation of the Bakiev political position and new presidential Course for Renovation of the Country • Transforming of Ghancy military base to Transitional Center • Reelection of Bakiev in July 2009 and the beginning of the implementation of administrative reforms

14. The New Government of the Kyrgyz RepublicPresident Kurmanbek Bakiev and Prime-Minister Daniar Usenovon the Celebration of 85 years of the Foundation of theKara-Kyrgyz Autonomy Region

15. NEW STRUCTURE OF THE STATE GOVERNANCE • The President Institute • The Structure of the President Administration transformed to the President Institute which now consists of • -3 state organs: President Apparatus (PA), President Secretariat (PS), Central Agency for Development, Investments and Innovations (CADII), • - 2 coordinating-consultative councils: Presidential Council (PC), Council for Development (CD) and • -2 state officials: State Advisor on Defense, Security and Legal Order Issues (SADSLOI) and State Minister of Foreign Affairs (SMFA). • All these divisions are performing under direct subordination and supervision of the President of KR. The main goals and functions of these organs follow: • The organs which were withdrawn from the government structure and mainly become under the supervision of the President of KR which received status of Central Organs: • -State Ministry for Foreign Affairs -State Service for Intellectual Property. • -State Service for National Security -State Registration Service • -State Service of Financial Police

16. The new government structure:Prime-Minister, First Vice Prime-Minister, Vice Prime-Minister and Head of the Government Apparatus in the rank of Vice Prime-Minister . • 14 ministries: • -Ministry for Finance • -Ministry for Justice • -Ministry for Defense • -Ministry for Internal Affairs • -Ministry for Emergency Affairs • -Ministry for Energy • -Ministry for Economic Regulation • -Ministry for Agriculture • -Ministry for Natural Resources • -Ministry for Transport and Communications • -Ministry for State Property • -Ministry for Health • -Ministry for Education and Science • -Ministry for Labor, Employment and Migration • 7 agencies: • -Agency for Anti-monopoly Regulations • -Agency for Forestry and Environment Protection • -Agency for Social Security • -Agency for Communication • -Agency for Sport • -Agency for Architecture and Construction • -Agency for Culture • 6 services: • -Service for Execution of Punishment • -Service for Financial Intelligence • -Border Guard Service • -Tax Service • -Customs Service • -Service for Observation and Regulation of Financial Market • 2 funds: • -State Material Resources Fund • -Mandatory Medical Insurance Fund

17. The Principles and Goals of Changes • Official principles : • optimization state governance, • elimination of duplication, • strict distribution of functions and competences • Goals: • increasing of the effectiveness of government work • reducing the state expenditures for government sector. • Examples: • in order to avoid duplication, the registration functions removed from different government ministries and agencies and brought together in the State Registration Service, as well as different functions of financial investigation are gathered in one organ – State Service of Financial Police. • according to the vice Prime-Minister A. Karashev, 2,208 state officials were removed from their positions, which safe 240,000 soms for state budget

18. Administrative reforms implement the 2007 Amendments to the Constitution which have already subordinated the main executive fields of state governance such as defense, security, internal affairs and foreign policy to the direct supervision of the President and, becomes the following part, which adopts more specifically the new distribution of powers between the President and the Government • As an unofficial goal : this process reduced the executive powers and responsibility of already weak government in favor of the President, concentrating the main analytical structure, political decision making, coordinating and supervising authorities inside the President Institute.

19. The meeting of the Presidential Councilworking as a National Security Council, March 10th 2010.

20. Other Significant changes that perceived as a part of administrative reforms • The process of constitutional amendment on the issue of the determination of the candidacy for an acting President in case if the President would not be able to conduct his duties provided by the Constitution • The Constitutional Court of KR finally approved the proposal of the Parliament on the formation of this collective organ (State Council). • This amendment proposal awaked different critiques from the political opposition as well as the other representatives of civil society. • For example, Rosa Otunbaeva the leader of Social Democrat Party fraction in the Parliament rightly argued, that in the international practice the candidacy for this post already exist and fixed in the constitution, “why we need the additional organ?” … “this arrangements would open the way for destabilizing of the political situation in the country”

21. During the Statement on issues of State Government Reforms President Bakiev also mentioned about the formation of new consultative organ – National Assembly of Consent (KurultaiSoglasiya), which will composed of regional, professional, cultural and confessional representatives of the country. • The Kurultaipursue the goals to form the friendly community, implement the principle of tolerance and civil peace, protect and develop cultural traditions and provide balance between tradition and innovation. • Many representatives of the opposition refused to participate in the Kurultai being suspicious of its democratic nature and supposing that this meeting will be the forum for the promotion of the President’s official policy

22. Analysis and Consequences of the Administrative Reforms • Positive effects generally reflect the official goals and principles: - optimizing the way of state governance, elimination of duplication, strict distribution of functions and competences - increasing of the effectiveness of work and reducing the state expenditures for government sector • As a result of the period of Bakiev government we can say that, during the recent years in some areas the quality of public services provided by the state was increased. We can also see the positive results of municipal work in Bishkek, as well as can observe some results in economic development, such as the case of completing construction of hydroelectric power station (Kambar-Ata 1). Moreover, the government focused on the implementation more pragmatic methods of the socio-economic regulations (investment in profitable economic sectors, increasing tariffs, which is also have its negative effects).

23. As a negative effects: • there is still the significant level of corruption in the state relationship, which did not show important positive development. For example, there are many high rank state officials closely related to the President family (M. Bakiev). • The fight against corruption, proclaimed by President Bakiev, looks like a formal implementation of different kinds of methods, such as popular investigations and trials threatening the auditory, but which could not strongly effect the main core of the state relationship. • Also, It helps to reduce the level of corruption with some effect in the sector of public services, but often uses as a tool for discharging of disliked opponents

24. The implementation of administrative reforms is primarily directed to the reduction of the corruption, but it also made the transformations which finally left the way to increase it: • Thus, the problem derived from the system, which provides the existence of weak government structure and strong presidential power with dominant position over 3 branches of state governance. • The 2007 Constitution have already changed the distribution of powers among executive and legislative branches in favor of president, but at the same time it did not increase the independence of judicial branch, which now is the object of supervision of National Council for Justice Affairs that can be influenced by President. (The President can influence the members of National Council for Justice Affairs through their assignment or by other means of executive powers) • Consequently, we can say that the administrative reforms strengthening presidential authority consolidated the disproportion of the balance between different branches of state powers.

25. The new amendment to the Constitution which determines the way of selection of acting President would give the President the opportunity to legally determine the successor who could consolidate his position as an acting President and then provide his reelection for the next term. (RF Putin) There are different names which suit to the candidacy for new president but could not be disclosed presently. • National Assembly of Consent would provide positive effects for ruling elite, but negative for the opposition. An addition to official goals it supposed to mobilize the people’s support for Bakiev government and determine the official political course as ‘the only true way’ for the development of the country

26. Conclusion on the importance of the constitutional development: • Today, we can definitely say that the period after the 24th March 2005 was the time of democratization revival in Kyrgyzstan. But this transitional period had been closed with the submitting of new Constitution on the 21st October 2007 and reelecting of new Parliament. • Consequently, despite the retreatment to develop the democratization process in the present political life in Kyrgyzstan, the state authority actively works to adopt new Constitution and legal provisions in order to show ‘the positive’ results, which will justify new state policy and give the President the right to characterize the events of 24th March as a ‘revolution’. This day was already proclaimed as ‘Day of People’s Revolution’ in 2008 by newly elected Parliament. • In this case the former revolutionary leader and the present opposition leader Rosa Otunbaeva pointed “ …it was a revolution, …but we lost it, …today one family replaced the other, … and our revolution to be continued, …until we make this country democratic…”

27. The KYRGYZ FOREIGN POLICY • New government under President Bakiev continues to implement the main directions of Akaev’s foreign policy with some differences on methods and approach. • 2007 Concept of the Foreign Policy of the Kyrgyz Republic emphasize 4 main priorities in Kyrgyzstan’s foreign policy: -strengthening national security by foreign policy methods, -formation of favorable external environment for realization of national development priorities, -strengthening of positive international image of Kyrgyzstan, -formation of effective system for foreign policy activity in the state. • The new concept defines the Kyrgyzstan’s foreign policy as multi-vectored, balanced and pragmatic policy, which is supported by the national interests and based on the real sources and possibilities of the country.

28. There are three main dimensions in the development of Kyrgyz foreign policy mentioned in the concept: • Regional dimension defines as the formation of friendship relations with neighboring countries like Kazakstan, Uzbekistan, Tajikistan and China, based on the principles of respect for sovereignty, territorial integrity and mutual security; • Continental (or Eurasian) dimension associates with the development of the relation with main centers of international policy, such as Russian Federation, China, USA, European Union, Germany, Japan, India and Turkish Republic on the base of multi-vectored policy and mutual beneficiary cooperation. • Global dimension generally focused on the consolidating the position of the Kyrgyz Republic in the international community and the development of the cooperation with international organizations, particularly the United Nations.

29. The Brief Analysis of the Kyrgyz Foreign Policy • The issues in the relations of the Kyrgyz Republic with the neighboring and regional countries: • Cooperation activity on the border issues. Since the independence of Kyrgyzstan the delimitation processes have been completed with two countries China and Kazakhstan. But more unresolved disputes on the border delimitation come in relations with Tajikistan and especially with Uzbekistan that caused some problem in the border regions. • Common energy system in Central Asia. This issue often becomes the subject of confrontation between Kyrgyzstan and Tajikistan on one side and Uzbekistan and Tajikistan on another. The main problem is the distribution of the water of Syrdarya River - the downstream countries Uzbekistan and Kazakhstan protest and pressure the upstream Kyrgyzstan and Tajikistan. • The connected issue is the cooperation of the regional countries in the trade of energy resources such as oil and particularly gas supplied by Kazakhstan and Uzbekistan which sometime become the mean of pressure on Kyrgyzstan and Tajikistan.

30. Economic relations and trade is the main sector of cooperation between Kyrgyzstan and neighboring countries. Kyrgyzstan actively involves in close socio-economic, cultural, educational and therefore political cooperation with regional countries such Russia, Kazakhstan and in lower level with Uzbekistan and Tajikistan. Since independence Kyrgyz Republic increases the relations with Turkey Republic and China, which now compose an important part of Kyrgyz foreign affairs. • Cooperation in security field. This activity is mainly promoted by Russia through its bilateral and multilateral relations. Kyrgyzstan actively involved in the multilateral structures of CSTO and SCO on the fight against terrorism, extremism and separatism, as well as transnational crime, contraband of arms and drugs. The main partner of the bilateral security cooperation is Russia, but China, Kazakhstan, Uzbekistan and Tajikistan and also Turkey have significant bilateral relations with Kyrgyzstan in security issues. • the security issues also become the problems in the relation with Tajikistan and particularly Uzbekistan • Security concern also exists in the relations of Kyrgyzstan with more powerful neighbors like Uzbekistan and Kazakhstan which rival for leadership in Central Asia, and certainly China who still perceived as a potential threat for independence in the future.

31. The foreign relations of Kyrgyzstan with great powers based on the formation and development of mutual beneficial cooperation as well as providing multi-vectored foreign policy toward different states. • This direction of Kyrgyz foreign policy has its significant implementation in the relations with 3 great powers United States, Russia and China which has their specific interest in the region and their potentiality to cooperate or rival with each other. (Some of these examples will be observed bellow). • The relations with international organizations are one of the main directions of Kyrgyz foreign policy. The main goals of this direction are the active participation of Kyrgyzstan to international politics as a member of international community as well as to follow more pragmatic goals such as strengthen the national and regional security, provide political, financial and technical support for domestic issues and economic prosperity, take advantage from the processes of integration and globalization. • Presently, the Kyrgyz Republic is a member of 71 international organizations.

32. Multi-Vector Policy Issue: The Case of the Relations with USA and Russia • Kyrgyzstan perceives Russia as the main partner in the political, socio-economic and cultural cooperation as well as the guarantor for the national security against external threats. The cooperation between two countries has been increased since 1999 particularly in security field. The events of 9/11 and American military presence in Kyrgyzstan did not change the Moscow’s status as the major strategic partner for Bishkek, but provide the potential for multi-vector policy and the external support for socio-economic development of the country. • The US foreign policy in Central Asia was primarily directed at consolidation of the independent status to prevent further reintegration of these countries wit Russia. Kyrgyzstan being a small country generally attracted less attention. The events of 9/11 and Bishkek cooperation initiative for anti-terrorist campaign suddenly increase its strategic importance for US government. The Andijan events in Uzbekistan and the following withdrawal of US military base from Karshi-Khanabad pushed Washington for closer cooperation with Bishkek and fulfillment of its demands according the rent cost which was raised by new government in 2006.

33. Kyrgyz foreign policy approach toward the great powers to play on both side resulted in new agreement with Russia in the beginnings of 2008 • President announced the withdrawal of US military base immediately after the signing the agreement and Parliament ratified this decision in few days later, which caught everyone by surprise • Many analysts could not believe that withdrawal of the base would be happened: • Russian observer ArcadiyDubnov in his interview on the 10th February to CA News Agency supposed that the base can change status, location, but he claimed that Americans would stay in Kyrgyzstan, “…we, Kyrgyz and Americans know this…”. • Gregory Gleason argued that Kyrgyzstan already chose the multi-vector policy and this decision is illogic because this policy needs the balance in its implementation otherwise it would loose the sense and the country would come to the position of ‘vassal state’. • Finally, when the new agreement between Bishkek and Washington was signed in June 2009 it has become clear about the Kyrgyz pragmatic intentions in this process.

34. The experience and some other sources show that the successful pragmatic initiatives of Kyrgyz government could be provided because of the following Russian-American agreement on this issue. There is a clear understanding of Moscow that American anti-terrorist campaign in Afghanistan is in favor of all Central Asian countries and Russia, particularly. • Today, we can see the development of the Kyrgyz multi-vector foreign policy with Russian submission of this issue. • Recently Prime-Minister Daniar Usenov in his official statement confirmed that “the relations with Russia have very significant importance” for our country and that “Kyrgyzstan was and is the consistent ally of Russia”. • Also, the visits of top Washington officials like US Special Envoy for Afghanistan and Pakistan Richard Holbrook and the Commander of US Central Forces David Petraus and their meetings with the President of KR are signs of activation of the cooperation between Kyrgyzstan and USA, particularly, in security issues.

35. Presently, Kyrgyzstan confirms its intention to pursue the multi-vector foreign policy toward the great powers like Russia and USA, which is now not a subject of consideration.