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Parliamentary elections in Kyrgyzstan: 10 days later

Radislav Safin, IPP media program coordinator
The parliamentary elections 2007 are now over. The names of the next speaker, his deputies, and the new structure of the Jogorku Kenesh were announced on December 24.

The majority voted for Adahan Madumarov, the former state secretary, as the speaker of the parliament. 79 deputies out of 87 voted for him. 8 people's representatives voted "against."

It has to be noted that the former state secretary was the only candidate for the position of speaker. The Party of Communists of Kyrgyzstan and the Social-Democratic Party of Kyrgyzstan rejected to propose their candidates, referring to the fact that their votes will not make a difference.

Cholpon Baekova, Kubanychbek Isabekov and Azizbek Tursunbaev were put forward and supported as deputies of the speaker. All of them represent the people's party "Ak-Jol."

As for the structure of the Jogorku Kenesh, there are 12 committees and no commission according to the decision of new parliamentarians. The structure of the parliament looks as follows:

1. Committee on constitutional legislature, state structure, legality and human rights.

2. Committee on defense, legal order and judicial reform.

3. Committee on international affairs and inter-parliamentary cooperation.

4. Committee on economy, budget and finances.

5. Committee on development of industry, trade, tourism, small and middle size business, transportation, communication, construction and architecture.

6. Committee on the fuel-energy complex and mineral resources.

7. Committee on land-agrarian issues and ecology.

8. Committee on regional development and self-governance.

9. Committee on migration, labor, social policy and health.

10. Committee on education, science, culture and informational policy.

11. Committee on youth, gender policies, physical culture and sport.

12. Committee on ethics and regulations of the Jogorku Kenesh of KR.

After the formation of the structure of the new Jogorku Kenesh, the newly elected speaker Adahan Madumarov made a statement that communists and social-democrats will be given an opportunity to lead and form a committee.

One needs to note that the Decree on conducting parliamentary elections was preceded by the referendum of October 21 where 76.1% of voters, according to the official data of the CEC, voted for adoption of the new version of the Code on Elections and the new edition of the Constitution that resulted in the dissolution of the previous parliament.


According to the preliminary results of voting on December 16 by the CEC, the 5% threshold was reached by four parties by December 20: the people's party "Ak-Jol" (46.99%), Socialistic party "Ata-Meken" (8.29%), Party of Communists of Kyrgyzstan (5.12%) and Social-Democratic party (5.05%).

However, only three of them were able to overcome the 0.5% threshold of regions. The exclusion was the socialist party "Ata-Meken" which according to the CEC statement was not able to gain enough support from voters.

Incidentally, one has to note that the CEC web-site where election results were regularly updated does not have the final results of the elections. Some members of the CEC refer to problems with the state automatized system (SAS) Shailoo to explain the absence of the final results.

At the same time, on December 20 in the newspaper "Erkin Too" the resolution #174 of the Central Election Commission of the Kyrgyz Republic was published, according to which the pre-term elections of the Jogorku Kenesh to be held on December 16 2007 were recognized as complete and void.

As a result of elections, "Ak-Jol" received 71 parliamentary mandates, SDPK - 11, and party of Communists of Kyrgyzstan- 8.

***

President of Kyrgyzstan Kurmanbek Bakiev in December 21 while delivering the speech at the meeting with the winning party "Ak-Jol" noted that he wanted to thank "all political parties that participated in the elections, and those which intended to participate but failed on account of mistakes." The head of state said that all parties worked well for the sake of "democracy, for the sake of their country."

"I would like to thank both my supporters and the opposition. All of us struggled fairly and with courage. The pre-election campaign, in my view, was the most transparent among recent ones. It is recognized by voters from all regions," - said Kurmanbek Bakiev in his speech.

Also the President noted that the Jogorku Kenesh includes parties with a great number of opponents to the acting power. As emphasized by Kurmanbek Bakiev, neither communists nor social-democrats are loyal to the current power, and this is one of the most significant achievements of democracy.

Commenting on the failure of parties who could not make it into the Jogorku Kenesh Kurmanbek Bakiev said: "Some failures are worthier than victories. I believe that all parties, even those which are not in the parliament, must and will participate actively in the political life of the country, in the preparation and adoption of political and state decisions."

The parliamentary elections were recognized as "democratic" in the official statement of the Observation Mission of the Shanghai Cooperation Organization.

In particular, the text says that the elections were "free, open and transparent," and as a whole met the requirements of the national legislature of the Kyrgyzs Republic and its international duties.

Also the statement of the observation mission of the SCO notes that during counting of ballots, representatives of the Mission and other observers of political parties, public associations, mass movements of KR did not find any violations.

The Observation Mission of the CIS, at the end of elections noted that "Kyrgyzstan successfully passed the democracy test."

"The elections were successful with the active participation of voters, during voting there were no serious violations that could have changed election results," - it was communicated to President Kurmanberk Bakiev at the meeting in the White House on the day following elections.

"The main conclusion that we made is that people consciously and honestly determined their future. People want to live in stability and creativity, and showed their trust to those parties that in their views may provide it. We are glad that Kyrgyzstan as a full member of the Commonwealth of Independent States will develop successfully," said the deputy of the Executive secretary of CIS, Evgeniy Novojilov. to President Kurmanbek Bakiev

At that, as noted by the Mission, during the elections there were "some shortages of the organizational nature," as well as a "complex procedure to obtain permission to vote in case of the absence of the name of a voter." However, according to representatives of the Mission "such incidents did not have a widespread nature and could not impact the election results."

The mission of OSCE on election observation, while evaluating the elections stated that it fell short of trying to "meet many commitments of the OSCE."

Particularly, as noted in the official statement: "Overall the election represented a missed opportunity for further consolidation of the election process. Cancellation of the leading candidates' registration is one example. Voting took place in a generally calm environment, but counting and tabulation challenged transparency and accountability of the process because of delays, the presence of unauthorized persons, and the problem of filling the protocols and the deliberate violation of procedures."

"While being the head of two recent missions of the OSCE on election observation here in Kyrgyzstan, I was personally disappointed to observe regression in the election process. The political pluralism that I had been observing was undermined by this missed opportunity," - stated Kimmo Kiljunen, special coordinator of the short-term observers of OSCE and the Head of the OSCE Parliamentary Assembly delegation.

In his turn, Nikolay Vulchanov, the head of the long-term election observation mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) stated: "Full commitment to fundamental and civil rights, transparency and accountability are closely related, pluralism alone is not enough to have good elections. The problem of transparency of the election process, including the Central Election Commission, are reasons for concern."

The OSCE mission statements also added: "Voters were offered a diverse choice, but candidate list registration procedures were at times unequally applied and not fully inclusive. The mass media, in particular State television and radio, did not provide adequate and balanced information for the public to allow a fully informed choice. The campaign coverage was limited, and parties faced difficulties purchasing airtime."

The US Embassy in KR also expressed its worries regarding the elections.

The statement says: "Although there were some positive moments, for example, the accreditation of election observers and diversification of participating candidates, our evaluation is similar to the preliminary statements and findings of independent observers."

Also the statement included: "Observers, representing the Organization for Security and Cooperation in Europe stated that this elections failed to meet the international commitments of the Kyrgyzs Republic and were undermined by serious undue limitations imposed on opposition parties and the application of administrative resources to pursue concrete political interests. Uncertainty on election procedures, widespread violations in counting, overstated data on voters' turnout, exclusion of voters from the list just before voting, additions to polling station protocols, have challenged open and democratic elections."

The election evaluation was given by NGO sector of Kyrgyzstan, representatives of which were observers of election process.

On the day following elections such public organizations like "Citizens against corruption," "Coalition for Democracy and Civil Society," "Interbilim," "Association of NCO of Kyrgyzstan," "Kylym Shamy" and a range of others annouced that the elections were illegitimate.

Commenting on the course of the elections, the leader of the organization "Civil society against corruptiuon" Tolekan Ismailova stated that "voters' rights were violated since their rights were taken by authorities." According to her, many voters were excluded from the lists and therefore could not vote. Because of this, up to 40% of voters were not able to vote, said the leader of "Citizens against corruption."

Moreover, in regions there were incidents of ballot box stuffing. Many members of the CEC and "specially hired people," according to Tolekan Ismailova, were stuffing ballot boxes without shame. She also noted that serious violations occured during the transferring of data via the automatized system "Shailoo," when results were raised in favor of a concrete party.

All this, according to Tolekan Ismailova resulted in a situation where many went to courts to struggle for their rights to vote.

Serious violations of voter's rights were found even in the polling station where president Bakiev and his spouse voted; - such a statement was made at the press-conference in Bishkek, commenting on the elections, by Elena Voronina, manager of programs, Center "Interbilim".

She mentioned that on Election Day the center "Interbilim" assigned 800 observers nationwide to observe the election in the most remote and ‘hot' polling stations. Major violations, according to the representative of "Interbilim" were related to voters' lists where many citizens of Kyrgyzstan were excluded and thereby deprived of their right to vote.

Voronina also noted that there were incidents of pressuring and threatening voters. Moreover, pressure was also coming from members of precinct election commissions. As one of the serious violations, Elena Voronina stressed the fact that in many polling stations a great number of students voted while lacking residency registration in the capital, or even lacking their passports.

At the same time, members of "Ak-Jol" party do not find any grounds to consider the elections illegitimate.

In particular, the former state-secretary Adahan Madumarov stated that during the pre-election campaign he visited almost all parts of the country, had about 60 meetings, and personally could witness the great support of the local population for the party "Ak-Jol." In this view, he is not surprised at the victory of his party.

Regarding the view that Jogorku Kenesh without the party "Ata-Meken" will turn into a "manipulated" structure, the former state-secretary said that there is no basis to think that all decisions of the parliament will be adopted unanimously, because according to Madumarov, among parliamentarians there are such opponents to the current power as members of SDPK.

This view is shared by another member of "Ak-Jol" - Kubanychbek Isabekov.

"You think that there is no opposition in the parliament, don't you? What about SDPK? There are 11 people from this party. There is opposition! Moreover, I do not think that 71 Ak-Jol members will always agree on everything" - said the vice-speaker of JK.

In general, according to Isabekov, the new composition of the parliament is more effective than the previous one and so it will make more difference to the country.

"I counted 90 people including 25 deputies from the previous convocation, and there are parliamentarians from the "legendary" parliament of the second convocation. There is a core, and there are experienced people. All of them have higher education and extensive life experience. The composition is very wide: not many business people, but many represent culture, art, sport, youth and women...There are professional lawyers such as Cholpon Baekova or Leila Sydykova - these are now the most experienced lawyers, absent in the previous parliament. With their support and the support of the population we will touch upon all spheres of legislative power," - said Kubanychbek Isabekov.

One of the brief evaluations to the elections was given by another member of "Ak-Jol" - Tabyldy Orozaliev. Commenting on the dissatisfaction of much of the public, a great number of incidents of pressuring voters and applying administrative resources, he said: "To feed in and buy 2 million and 650 thousand people is impossible."

In their turn, members of SDPK who could make it into the parliament have their own views on the election process.

Right after voting, before the announcement of any results, Roza Otumbaeva expressed the following opinion: "Unfortunately, elections based on party lists, in my view, did not advance our country on the path to democracy. In this election, a tremendous administrative pressure was applied."

"In Talas and Batken, prior to elections, high-level officials from Bishkek "ploughed" and "irrigated" villages and towns. On Election Day, the rayon and oblast officials stayed indoors and controlled their relatives. It was everywhere," - said the SDPK member. Moreover, Roza Otumbaeva emphasized that the orders of the White House and the presence of Bishkek ‘observers' in places "practically led to the failure of the elections in these two oblasts."

Another social-democrat, Rahat Irsaliev stated that considering the election results and the expected price rises , there is a threat of serious protest potential of the population in the near future.

Commenting on the election results, the SDPK member said that "he feels sympathy for the Kyrgyz people who experienced such elections."

As for the failure of the opposition party "Ata-Meken," a social-democrat Irsaliev said: "As for the opposition, it always exists irrespective of its location on the streets or in the parliament. It always voices its opinion, it is impossible to shut people's mouths, they can express their opinions."

At the same time, another member of the SDPK, Murat Juraev, commenting on the failure of the opposition "Ata-Meken" said: "It would be better to have them in the parliament, and keep it open. Nowadays, it has gone underground and it is dangerous."

"I think that if there were 10-12 people from the opposition, it would not have caused much harm. The parliament would have kept the usual path," -emphasized a social-democrat Murat Juraev.

The party of Communists of Kyrgyzstan, at the same time, does not see any reason to feel endangered because of Jogorku Kenesh's functioning without opposition representatives from "Ata-Meken."

The leader of the party, Ishak Masaliev, commenting on the dissatisfaction of the opposition said: "Those who do not agree with the results, if there are such, must go the court and solve all disputes legally."

"Similar cases took place in 1995 and 2000, when we were told to go the courts. And now I think similarly that one has to go the courts, i.e. all legal methods have to be used" - stressed Ishak Masaliev.

Another communist Nikolay Baylo agreed that "in the elections in Kyrgyzstan, the administrative resources were used." On this point, he noted that "it has always been the case; the question is to what extent."

The failure of the party "Ata-Meken" which could not gain a sufficient number of votes in the south is an "alarming sign for the party members themselves" -said Baylo.

However, the party leader of "Ata-Meken" Omurbek Tekebaev commented on the election results as follows: "We received enough votes, but the authorities falsified the results."

The former deputy reflected on the cruel actions of authorities in addressing the protest actions of civil society in Bishkek and Osh aimed at announcing the elections as illegitimate. In this view, Omurbek Tekebaev said: "There are cruel measures against our supporters. But we will continue our struggle and will not give up. This is not the first challenge for us. Our goal is not high-level positions. We have made our moral choice and want to change our society. "

Another member of "Ata-Meken", Kubatbek Baybolov commented on past elections and said that the opposition was ready for the threat of using administrative resources, but they did not expect that the criminal and quasi-criminal groups would participate. in propaganda and in the election process

"We also did not expect that even falsified results would be recognized. The parliament was formed by willful appointment. The system "Shailoo" that was suddenly non-functional, in fact proved our victory, and it was broken because of physical interference," - said the opposition member.

As for the consequences of the current political situation, Kubatbek Baybolov said: "We are rapidly approaching weak governance."

Temir Sariev, another member of "Ata-Meken" stated after the announcement of election results, that authorities who falsified elections, risk having the freedom-loving Kyrgyz people "rise up", and it threatens state officials to bring about very sad ramifications.

"In general, the authorities now act blatantly and without any experience, despite everything. Some of their actions are sometimes difficult to comprehend. They think that people will stand for it; maybe it is true, but only to a point. People will tolerate it, but at a certain point of time they will say "no"," - emphasized the former deputy.

While commenting on the cruel actions of authorities in addressing the protest actions of people who were against the application of administrative resources in the election process, Temir Sariev said: "I think that the authorities are aware of what they have done. They know what the real results of the elections were, and therefore, they now attack. The attack is to threaten its own citizens. They try to stop political activeness by means of repressive methods." As a result, any actions of various NGOs, youth and political parties will be undergoing forceful pressuring. Authorities violate the rule of law and citizens' rights."

Tayirbek Sarpashev, the leader of the party "Turan" shared his evaluation of the opposition's statements and the upcoming growth of public dissatisfaction.

The former vice-speaker noted that "any side that failed may be dissatisfied, but dissatisfaction and protests are different things."

"I exclude the possibility of demonstrations. It will not be the case. Many politicians were incorrect when they said that after the parliamentary elections there would be a great number dissatisfied," - said Sarpashev.

To the question as to whether the opposition may unite as a result of the election results, the leader of "Turan" said: "I think "no" because the opposition were split long time ago. It did not have a common goal. It turned out that each opposition member has several goals and they are based on personal political interests, but not on the common goals of the opposition."

Dooronbek Sadyrbaev, a member of "Asaba" party commenting on the parliamentary elections' results made the following statement: "These elections were abnormal, therefore if we had normal authorities, they would have denounced the election's results. Now our country may plunge into civil war, therefore the authorities must correct their mistakes right away. At present, we are heading directly into a totalitarian regime."

"In this election "Ata-Meken" gained more votes than Ak-Jol, however, it was played down by force. All this makes us worry, that we are moving towards the destruction of statehood," - noted a member of "Asaba."

Moreover, Dooronbek Sadyrbaev emphasized that in the current conditions the opposition has no choice but to unite.

Emil Aliev, one of party leaders of "Ar-Namys" after the election's results were announced stated that it had serious violations.

"We do not have parties that won or lost. There are parties which are in parliament and those who are not. Authorities, within a night, made up the results of their party and for the other two in order not to be alone," - said the opposition member.

"No one believes in the election results. It was held to strengthen a strict vertical of power, to manage from the center. According to the real protocols, "Ata-Meken" received the majority of votes, and passed the 0.5 % threshold in all regions," - said Emil Aliev.

***

It has to be noted that the dissatisfaction of the public with the process and the results of the elections led to protests held in Bishkek, Osh and Issykkul.

In Osh "Ata-Meken" supporters started fasting; in Issykkul people who were not satisfied with election results in December 17 blocked the road near the Bokonbaevo village for three hours.

However, the widest resonance was found in the events in the capital of Kyrgyzstan. Independent human rights activists and their supporters, who were for denouncing the results of pre-term parliamentary elections, organized the protest "I do not believe!" in December 17.

To address it, the law enforcing bodies applied force. They arrested participants of the action twice in December 17 and 20, and took into custody in the Pervomaysliy ROVD. The reason to arrest protesters was the violation of the Bishkek administration's resolution on conducting meetings, manifestations and gatherings.


To deal with this situation Kyrgyzstan's NGOs wrote an open appeal to President Kurmanbek Bakiev. In their letter they noted: "The arrest of well-known NGO leaders not only within the country but also abroad is evidence of legal disorder, performed by law-enforcing bodies that are supposed to protect the rights of citizens."

"The present situation regarding the arrest of NGO leaders and young civil society activists shows that there is a real threat to human rights and liberties, to the development of civil society as such."

Also it was noted in the open letter: "We the NGO representatives are disturbed by the pressure and arrests of NGO leaders and demand from You as guarantor of the Constitution of the Kyrgyz Republic to judge the actions of law-enforcing bodies and protect our fundamental constitutional rights and liberties."

The open letter was signed by 20 public organizations in Kyrgyzstan on December 25.

Nevertheless, while the NGO sector was expecting the quick release of their leaders, the detained participants of the protest were convicted and obliged to pay a fee according to the administrative punishment, and the rest were taken into custody for 5-7 days.

Dinara Oshurahunova, the leader of the Coalition for Democracy and Civil Society, commenting on the arresting of human rights activists, said that the authorities represented by the law-enforcement bodies seriously violated human rights. According to her, they used force without authorization, and thereby caused physical trauma to those arrested.

"One of the protest participants was surrounded by militia and when he tried to move, they damaged his jacket. Afterwards they took him into the car and took him to the Pervomayskiy ROVD." On the way his head was bitten. There were no protocols and acts on arrest, he was kept for 2-3 hours, and then taken to the Pervomayskiy court to be given 5 days of detention. He was allegedly convicted for using improper words in December 7, and the complaint was written by employees of the Pervomayskiy ROVD. I think that any employee of law-enforcing bodies may write such a "complaint" and such a tendency may grow, and it is very dangerous for our society," - said the leader of the Coalition.

"I saw how female participants of the protest were arrested, for example Tolekan Ismailova. I saw how she was taken and together with other young activists taken into custody. They stayed there for 3 hours, and then judge Molodbaev visited them. When our activists requested a denial of the judge and an open court session, they were denied, but three attorneys were allowed. The court session took place in a seprate room, despite our activists asking for an open session. Moreover, they were rejected to sign an appeal letter, and after the announcement of the judicial decision they were taken into different rooms," - noted Dinara Oshurahunova.

Nazgul Turdubekova, one of the human rights activists arrested, stated while in custody the militia violated all possible human rights.

As clarified by Nazgul Turdubekova "without introducing themselves and showing their documents", militia asked them to stop the protest action. Moreover, they did not ask for documents from participants, and the protocol at the moment of arrest was not complied with.

The human rights activist emphasized that she and her colleagues are strongly disturbed by the crucial treatment that participants of the action "I do not believe!" underwent.

"Human rights and liberties are threatened. Militia on a daily basis violate human rights. But when we are released, we will go again to the square. We will organize the same protest, because we want to live in a democratic country" - stressed Nazgul Turdubekova.

***

Commenting on the post-election period and cases of dissatisfaction of citizens on the results of elections, a well-known Kyrgyzstan's analytical expert, Valentin Bogatyrev said: "I do not think that protests will have a large scale. Of course, there will be protests, because people are not satisfied with the elections. But nevertheless, it seems to me, that it has to be decided legally and through judicial instances, but protests will lead nowhere."

As for the final results of elections, Bogatyrev expressed the view: "they are absolutely expected, in my view. I would say, expected but sad."

As for the failure of the party "Ata-Meken" Valntin Bogatyrev evaluated as follows: "This is a sign that rules that were set for the game were very specific. Secondly, the party "Ata-Meken" did not consider the situation strategically, and concentrated on narrow objectives, and failed to see other points."

Answering the question: what will the consequences be of the failure of "Ata-Meken"? - "I think that many will be upset by this fact, but not all. This is because a part of the opposition is in parliament, another part is not in the "Ata-Meken", and even if some failed to be in the parliament they are in this party. "Ata-Meken" is not the whole opposition and not all of society."

Besides, Valentin Bogatyrev noted that in the current situation what is sad is that "in the parliament only left-oriented parties are represented."

"I consider it a very bad situation for the country, for its development, because the left-wing parliament can be afforded only by a rich country. For us it is important to have reforms, liberal reforms, but these parties are left. I consider "Ak-Jol" as left-oriented as well, at least at present I think so, and I do not know whether they could and would like to have such reforms."

To the question: does it mean a Jogorku Kenesh with three parties? - " "Ak-Jol," SDPK and party of Communists of Kyrgyzstan will impact the delay of reforms, the expert said: "I will answer this way: now the whole responsibility for reforms is carried by one party - "Ak-Jol"."

Muratbek Imanaliev, IPP president emphasized that because of the present political situation in the country "Those in power must negotiate with the opposition and try to involve them in constructive dialogue."

"The protest potential in Kyrgyzstan, unlike in neighboring countries where populations are larger, is higher and wider. This potential is a result of three transformation processes that have been taking place in our country during the last 15 years. Of course, after 2005, the protest potential was narrowed but it is still substantial. It is because of two moments. The first, the same as in previous years, power remains weak. Authorities are not able to show the organization and strictness shown by our neighbors. The second, it is a weak resource on an economic basis, which makes us dependent on external factors," - said Imanaliev.

The Kyrgyz authorities must correctly estimate the current political and socio-economic situation. They have to take into consideration the social psychology, the presence of protest spirit that has emerged as a result of the removal of any sacred attitude to power. Authorities must make relevant conclusions, and should not try to copy mechanically the examples of Russian and Kazakh leaders and bring it into the Kyrgyz lands. Leaders of Russia and Kazkahstan meet the spirit of their public; in Kyrgyzstan the situation is more complex."

"The real opposition in Kyrgyzstan is out of parliament, and do not take any responsibility and it leads to its consolidation. They may receive mass support. It is incorrect to think that "Ata-Meken" will fall apart; conversely, there will be a consolidation. The authorities must negotiate with the opposition and try to involve them in constructive dialogue. The potential of the opposition must be actively used."

"It is not a secret that today there is a re-formatting of the political field, and it all moves towards strong confrontation. Stratification is taking place not only among politicians but within society as well, down to the grassroots level. It is very dangerous. Therefore, authorities must work constructively with the opposition. Those in power must seriously think the election system was completely discredited, including the activities of such a serious institution as the CEC. For example, the game with percentage thresholds led to the complete disappointment of the people, and weakened authorities, which started to change the rules of the game right there," - said Muratbek Imanaliev.

In its turn, the president of Kyrgyzstan Kurmanbek Bakiev in December 24, during his work session in the Government House regarding the future developments in the country, made the following statement: "With the completion of elections to the Jogorku Kenesh, we must finalize all political issues."

"We should enter the new year with a new parliament and renewed government, and this year has to be fully dedicated to the solution of economic issues. It is expected by our people," - said Kurmanbek Bakiev.

Radislav Safin, IPP media program coordinator

26.12.2007



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