Structure of Government

Structure of Government

Although the constitution calls for a government of three branches, in practice the presidency has been the strongest government office. As economic and social conditions deteriorated in the early 1990s, President Akayev sought extraconstitutional authority in dealing with a series of crises. Under these conditions, Akayev faced occasional opposition from parliament, and pockets of local resistance grew stronger in the southern provinces.

President and Council of Ministers

Akayev is able to act as he does because under the constitution the president stands outside the three-branch system in the capacity of guarantor of the constitutional functioning of all three branches. The president names the prime minister and the Council of Ministers, subject to legislative confirmation.

According to the constitution, the president is to be elected once every five years, for no more than two terms, from among citizens who are between thirty-five and sixty-five years of age, who have lived at least fifteen years in the republic, and who are fluent in the state language, which is Kyrgyz. There is no vice president. Akayev defied predictions that he would seek referendum approval of an extension of his term rather than stand for reelection in 1996 as mandated in the constitution. (The presidents of Kazakstan, Turkmenistan, and Uzbekistan had followed the former course in 1994 and 1995.) In the presidential election of December 1995, Akayev gained 71.6 percent of the vote against two communist challengers. Several other political figures protested that they had been prevented illegally from participating. International observers found the election free and fair. Earlier, newly elected deputies of the 1995 parliament had proposed that presidential elections be postponed until at least the year 2000, with Akayev to remain president in the interim. According to rumors, Akayev favored using a referendum to extend his own term of office, but he found acceptance of parliament's proposal unwise. Kyrgyzstan depends heavily on the loans of Western banks and governments, who objected strenuously to the cancellation of elections as a "step back from democracy."

The Council of Ministers nominally is entrusted with day-to-day administration of the government. In general, however, the office of the presidency has dominated policy making; in most cases, Akayev's prerogative of appointing the prime minister and all cabinet positions has not been effectively balanced by the nominal veto power of parliament over such appointments. The new parliament of 1995 showed considerably more independence by vetoing several key Akayev administrative appointments. In February 1996, the government resigned following the approval of Akayev's constitutional amendments. The new government that Akayev appointed in March 1996 included fifteen ministries: agriculture, communications, culture, defense, economy, education and science, finance, foreign affairs, health, industry and trade, internal affairs, justice, labor and social welfare, transportation, and water resources, plus deputy prime ministers for agrarian policy, sociocultural policy, and industrial policy and the chairmen of nine committees and agencies. Many individuals retained their positions from the preceding government; changes occurred mainly in agencies dealing with social affairs and the economy.

Legislature

In October 1994, Akayev took the legally questionable step of holding a referendum to ask public approval for bypassing legal requirements to amend the constitution. The referendum asked permission to amend the constitution to establish a bicameral legislature that would include an upper chamber, called the Legislative House, which would have only thirty-five members. Those deputies would receive government salaries and would sit in permanent session. A lower chamber, the House of National Representatives, would have seventy members and would convene more irregularly. Akayev's plan also provided that deputies in this new parliament would not be able to hold other government positions, a clause that caused most of the republic's prominent politicians to drop out of consideration for election to parliament.

In the elections to the new parliament that began in February 1995, only sixteen deputies managed to get clear mandates on the first round of balloting. Second-round voting also proved indecisive. When the parliament was convened for the first time, in March 1995, fifteen seats remained unfilled; two important provinces (Naryn and Talas) had no deputies in the upper house at all, prompting angry cries that regional interests were not being properly represented when the two houses elected their respective speakers. A later round of elections, which extended into May, was marked by widespread accusations of fraud, ballot-stuffing, and government manipulation.

Such circumstances aroused strong doubts about the legislative competency of the parliament. Only six of the deputies have previous parliamentary experience, and a number of prominent political figures, including Medetkan Sherymkulov, speaker of the 1990-94 parliament, failed to win what had been assumed were "safe" seats. Even more serious were concerns about the incomplete mandate of the new legislative system. The constitutional modifications voted on by referendum did not specify what the duties and limitations of the two houses would be. Thus, the early sessions of 1995 were preoccupied by procedural wranglings over the respective rights and responsibilities of the legislative, executive, and judicial branches. Because little business of substance was conducted in that session, several deputies threatened that this parliament, like the previous one, might "self-dissolve." However, the body remained intact as of mid-1996.

Judiciary

According to the constitution, judges are to be chosen by the president, subject to parliamentary confirmation. Potential judges must be Kyrgyzstani citizens between thirty-five and sixty-five years of age who have legal training and at least ten years of legal experience. The length of judges' tenure is unlimited, but judges are subject to dismissal for cause by parliament. In the mid-1990s, the judicial system remained incomplete both in the filling of prescribed positions and in the establishment of judicial procedures and precedents. A Supreme Court was appointed, but its functioning was delayed in 1995 by parliament's refusal to approve Akayev's nominee as chief justice. Although the parliament of 1991-94 also mandated a national constitutional court (over the objections of Akayev), that body never has been established.

In general, the rule of law is not well established in the republic. The one area of the law that has flourished in Kyrgyzstan is libel law, which public figures have used widely to control the republic's press. By contrast, the observance of laws designed for the regulation of the economy is not uniform or consistent, even by government officials. The functioning of the State Arbitration Court, which has responsibility for financial and jurisdictional disputes within government agencies and between government agencies and private enterprises, has been extremely irregular and lacking in oversight by any other government institution.

Local Government

The republic is divided into seven administrative regions: six provinces and the capital city of Bishkek. The so-called northern provinces are Naryn, Ysyk-Köl, Chu, and Talas, and the southern provinces are Osh and Jalal-Abad. Jalal-Abad was formed out of Osh Province in 1991, largely to disperse the political strength of the south that had become centered in Osh. Each province has a local legislature, but real power is wielded by the province governor (until 1996 called the akim ), who is a presidential appointee. In some cases, the akim became a powerful spokesman for regional interests, running the district with considerable autonomy. Particularly notable in this regard was Jumagul Saadanbekov, the akim of Ysyk-Köl Province. The government reorganization of early 1996 widened the governors' responsibilities for tax collection, pensions, and a variety of other economic and social functions.

Akayev has had difficulty establishing control over the two southern provinces. Several southern politicians (the most important of whom was Sheraly Sydykov, scion of an old Osh family that enjoyed great prominence in the Soviet era) have taken the lead in national opposition against Akayev. Sydykov headed the parliamentary corruption commission in 1994, and he headed the influential banking and ethics committees of the parliament elected in 1995.

When the akim of Osh resigned to run for the new parliament, Akayev appointed as his replacement Janysh Rustambekov, an Akayev protégé who had been state secretary. Rustambekov, the first northerner to head this southern province and a highly controversial appointment, was considered to be a direct surrogate of Akayev in improving control over the south. Rustambekov, who has fired large numbers of local administrators, is opposed chiefly by Osh Province Council head Bekamat Osmonov, who is one of the most skilled and influential politicians in the south. Osmonov, who also was a deputy in the lower house of the new legislature, emerged as a powerful critic of Akayev and a possible presidential rival if Akayev could not prevent the next election.

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