This document has already been registered for discussion in the relevant committees.
Kaktus.media has analyzed the essence of the proposals and their possible consequences.
Who are the initiators and what exactly is being proposed?
The Speaker of the Jogorku Kenesh, Marlen Mamataliyev, along with Talant Mamytov, Akylbek Tumonbaev, Dastan Jumabekov, Nurbek Sydygaliev, and Talaybek Masabirov, are the initiators of these amendments.Although the changes to the Constitutional Law "On the CEC" may seem minor, their significance could be quite substantial.
What exactly is being amended?
Article No. 2, concerning the procedure for the formation and status of the Central Election Commission, is being amended.Article 2. Updated version
- The composition of the CEC will be formed for a term of 5 years and will include seven members.
- Members of the CEC are elected by the Jogorku Kenesh: three at the proposal of the President of the Kyrgyz Republic, and the other four on their own initiative, with the condition that no more than 70% of them will be of the same gender; cases of dismissal from office are also provided for.
Goals of the amendments: authors' opinion
The initiators claim that the changes are aimed at improving the efficiency of the commission's work. They refer to international experience, where the composition of electoral bodies changes depending on the powers and population size. They also point out that the number of members is not always related to the speed and effectiveness of decisions. Additionally, "asymmetrical representation" is used in different countries to avoid deadlocks in decision-making."Reducing the composition from 12 to seven members will help optimize management processes, reduce the financial burden on the budget, and increase the individual responsibility of commission members for the decisions made," the authors emphasize.In the justification for the amendments, the need to find a balance between collegiality and management efficiency is mentioned, especially during elections when time plays a critical role.
"Electoral disputes and registration issues require prompt responses. The more members there are in the commission, the harder it is to reach a consensus and conduct voting. Reducing the number to seven will help cut bureaucracy and speed up the decision-making process, which is important for the legitimacy of elections," the authors explain.
Instead of the principle of parity formation, the distribution of 3+4 will create a stable balance of power, which corresponds to the principle of popular sovereignty and strengthens the role of parliament. The president will retain influence (three votes), ensuring policy continuity.
"This ratio will eliminate situations of 'tie votes,' which can occur with an even number of members, and ensure predictability in the commission's work," it is added in the explanatory note.
Discussion: opinions "for" and "against"
Chairman of the CEC of the Kyrgyz Republic Tynchtykbek Shainazarov
In a comment to Kaktus.media, the Chairman of the CEC of the Kyrgyz Republic Tynchtykbek Shainazarov noted that such proposals are the prerogative of parliament."They have the right to initiate changes in the laws. We will definitely express our point of view if a public discussion is held. I hope we will be invited to the committees to discuss the draft law," he noted.
CEC member Kairat Mamatov
Kairat Mamatov, who previously headed the territorial election commission and is now a member of the CEC, emphasized that the issue of changing the composition of the CEC is relevant."A composition of 12 members ensures parity between the president and the Jogorku Kenesh (6+6), allowing for the positions of both branches of power to be taken into account," Mamatov added.
"Reducing to eight or ten members may lower the level of representation and disrupt the balance in the commission," the expert noted.He also added that in crisis situations, influencing a larger composition of the commission is more difficult than a smaller one. The fewer members there are, the easier it is to exert pressure on decisions.
Mamatov emphasized that the formation of the CEC is related to the trust of society and international observers in elections, so the discussion of changes should consider not only efficiency and costs but also the need to maintain the independence of the body.
Human rights and election expert Atyr Abdrakhmatova
Atyr Abdrakhmatova reminded that the CEC was formed in Kyrgyzstan in 1989 and still remains a constitutional body tasked with ensuring the legality of the transfer of power. The main principles of the commission's work include legality, openness, and independence."Did the work of the CEC members correspond to these principles? I think anyone who knows the history can answer this question. I remember what happened in the country since the early 2000s. For example, the two 'people's revolutions' in 2005 and 2020 followed elections. I remember how the chairman of the CEC fled the country in 2008 and how 'carousel' voting (multiple voting by one voter at different polling stations. - Note from Kaktus.media), ballot stuffing, rewriting protocols, and even cases of CEC members being detained for bribery occurred," Abdrakhmatova noted.
"Every year, citizens' trust in politicians changes, but unfortunately, trust in elections is declining," she believes.In her opinion, exceptions were the presidential elections and the referendum in 2021, which did not cause dissatisfaction among voters.
"The automation of the process did not lead to an increase in trust," Abdrakhmatova added. "Problems in the operation of information systems and other failures create doubts among voters. People think their vote does not matter."
She emphasized that solving such problems is the responsibility of CEC members.
"CEC members have effectively replaced the court by making decisions on voter bribery and other issues. This undermines the independence of the commission and strengthens dependence on political circumstances," she believes.
The expert concluded that it is not the number of CEC members that is important, but the creation of a system that ensures the rule of law and the independence of the electoral process.
"The number of members does not guarantee independence. It is necessary to ensure uniform application of legislation and increase the accountability of CEC members," she concluded.
Former CEC member, director of the Institute for Geopolitics and Strategy Kanatbek Aziz
Kanatbek Aziz stated to Kaktus.media that the initiative of the deputies to reduce the number of CEC members is misguided, as it does not address the main problems."The CEC is a key constitutional institution responsible for organizing elections and referendums," he noted.
During election periods, the role of the CEC only increases, and it is necessary to maintain the legitimacy of its decisions," he added.Aziz noted that reducing to seven members could lead to a concentration of power in the hands of a few members, which would decrease trust in the process.
The problem is not in the number of members, but in their quality and accountability. Parliament should demand accountability from CEC members, not reduce their number.***
The draft law will be considered by the Committee on Constitutional Legislation, State Structure, Local Self-Government, and the Regulations of the Jogorku Kenesh of the Kyrgyz Republic, after which it will be submitted for discussion to the entire chamber in three readings.
