On September 14, Kyrgyzstan’s Constitutional Court annulled the Constitutional reforms endorsed by parliament in November and December last year. The Court recognized only the constitutional changes made in February 2003 as a result of a national referendum. According to the Court, by endorsing both the November and December constitution, the parliament exceeded its capacities, as constitutional changes can only be made as a result of a referendum. The President subsequently decided to hold a referendum on the constitutional amendments on October 21st.

The Constitutional Court responded to a petition made by two MPs, Melis Eshimkanov and Kabai Karabekov. Most opponents of the current constitution blame former prime minister Felix Kulov for failing to facilitate a constitutional referendum already last year. By responding to the MPs’ petition, the Court and its Chair Cholpon Bayekova received a positive approval from the public. The Court was also able to regain its authority, which was subject to skepticism when it approved the December 2006 constitution changes.

Some of the most important constitutional changes made in November and December last year include carrying out parliamentary election with a mixed voting system, whereby 50 percent of seats will be distributed according to party lists; if one party wins over 50 percent of seats in the parliament, it will form the government, otherwise, the president will be entitled to form the government; parliament will be increased from 75 members to 90, with by-elections to fill the new seats, the Security Council will be under the government’s control, the parliament will have more powers regarding economic issues, etc.

Both president Kurmanbek Bakiyev and prime minister Almazbek Atambayev are seeking to promote their own projects. For Bakiyev, if he wants to stay for another term, having a weak parliament Is vital. However, Atambayev and the opposition are eager to increase the parliaments’ rights. Bakiyev will either continue to postpone the referendum or make an informal pact with the parliament that is likely to include accepting its stronger rights in case his second term is secured. In November, constitutional changes were adopted by a simple majority of 42 parliamentarians out of a total of 75, while in December, 51 MPs voted for a more pro-presidential constitution.

While the opposition, including the For Reforms bloc, is interested in organizing a referendum to adopt a new constitution, the president wants to postpone any serious debate on constitutional reform. At the same time, proponents of a referendum are criticized for their rush as, according to one opposition representative, “constitutions cannot be adopted overnight, but require thorough consideration”.

In November 2006, the For Reforms bloc organized week-long demonstrations before the president and the parliament voted for a new constitution that would secure a stronger parliament. Since some For Reforms members were influential and wealthy parliamentarians, the constitutional changes were branded as the “revolution of the bourgeoisie”. However, in December, the president came up with his own constitutional project and forced the government to adopt it.

Both constitutional changes set out a series of important political events. First, Bakiyev was able to eliminate Kulov by threatening to dissolve the parliament because of several inconsistencies in the November and December constitutional projects. Second, by losing his prime minister position, Kulov’s popularity fell rapidly as he tried to remove Bakiyev in April 2007.

Only a limited number of people in Kyrgyzstan are genuinely interested in constitutional reforms. Most Kyrgyz citizens see the current battle over a constitution as state actors’ wish to secure their own political and economic positions.

The entire mayhem around the constitutional reform diverts attention from the economic situation in the country. The recent price increase for food products, up to 30 percent, may stir more public unrest against the government. The government and parliament failed to prevent severe shortages of wheat which caused panic among the population and rapid price hikes. Inflation for food products and fuel is likely to continue increasing in 2008 up to 6-9 percent, at least.

If constitutional changes are adopted with the October referendum, this will set an important precedent for further leadership as it will show that reforms to the main law will have to pass through popular approval instead of backroom dealings.