Constitutional reform is coming in Turkmenistan. During an enlarged session of the Government of Turkmenistan on January 12, President Gurbanguly Berdimuhamedov has instructed to prepare the country's constitution and submit it to the Council of Elders by May 2016. The Head of State urged to pay special attention to drafting of new laws that serve to further strengthen the legal and economic foundations of the state, based on the democratic values of the Turkmen nation. The form of the state system, which is a presidential republic, cannot be changed. A number of experts assess the current Constitution positively, believing that in compliance with the Constitution it will be possible to speak about the beginning of democratic processes in the country without sarcasm.
The first Constitution of Turkmenistan was adopted in 1992 and was amended in 1995, 1999, 2003, 2006 and 2008 through a referendum or by a two thirds majority of the parliamentary members. It is expected that this time the Basic Law will be worked out thoroughly, since Berdimuhamedov is trying to build an image as a democratic leader and approaching the West to gain investment in the energy sphere. Moreover, Turkmenistan has received a positive assessment of the United Nations "for a balanced approach to the internal and external policy, which is in harmony with the main goals and objectives of the UN." In addition, the UN's 'review' noted that the country has achieved some success and it needs new laws to move forward.
The new constitution is expected to include provisions on the President, the Majlis (parliament), the Cabinet of Ministers and the Supreme Court of Turkmenistan. Additions to the section on the work of local authorities will be made separately. According to Berdimuhamedov, "it is expedient to revise the powers of local authorities in accordance with the ongoing constitutional reforms." He recommended "to undertake the necessary work to further expand the powers of the Khalk-Maslakhaty and local executive authorities." The head of state urged to pay special attention to the powers of local governments, particularly of gengeshes, which, being in close contact with the local population, are constantly working in the context of the daily needs of the citizens. "In order to improve this work, it is necessary to expand the powers of the gengeshes," the head of state told the deputies at the plenary session.
In addition, it was proposed to amend the sections of the Basic law on state encouragement and support for entrepreneurs; the state policy aimed at the implementation and support of the rights and freedoms of young people; the environmental policy; every person's right to live in a healthy environment; reliable information about its condition, compensation for damage caused to his health and property as a result of violations of environmental legislation or natural disasters.
According to the experts, the new Constitution will strengthen the presidential institution and the multi-party system at the same time. Two political parties, the Party of Manufacturers and Entrepreneurs and the Agrarian Party, have been created in Turkmenistan in addition to the pro-presidential Democratic Party of Turkmenistan. However, experts believe that these parties do not have political influence in society. Their creation is a kind of political rhetoric, designed for the approach of the West. In reality, only the president's power may increase, especially because a provision increasing the presidential term from 5 to 7 years can be added to the Basic Law. Democratic norms will be displayed in a conditional degree or to distract attention and defuse criticism of the tendency toward authoritarianism.
"The Constitution is changing not because the country has achieved qualitative success during the second term of President Berdimuhamedov. Rather the contrary, as the crisis doesn't spare anyone. But the main thing is that, during Turkmenbashi's 15-year reign [the first president of Turkmenistan, Saparmurad Niyazov - VK] his entourage had time to think about what needs to be changed. And the first term of Berdimuhamedov was relatively successful under the banner of change 'by contradiction'. In the future it is necessary to invent something new, to move from cosmetic reforms to a real democracy. Alas, this hasn't happened yet and many things indicate that the reformer is just treading water," a senior scientist of the Institute of Oriental Studies of the RAS, Shokhrat Kadyrov, told Vestnik Kavkaza. He said that, according to research, in recent years the eventful index of the second president after re-election in 2012 is consistently around 200 units per year [Turkmenbashi had 100], and during a democratic governance this figure would exceed 300 units.
The expert believes that the new Constitution will be more confirmation of the fact that Berdimukhamedov is losing his popularity, and therefore needs laws to protect his personal power. "It's not about the extension of the term from 5 to 7 years, but about the fact that under the five-year cycle of the presidential elections, Berdimuhamedov will rule for another 10 years or more. That is, he will turn 70 at the end of the fourth five-year term (in 2027). Under the Constitution, he does not have the right to be elected. But a term of seven years will give him the right to rule until he's 74. Since the upper limit of the rules on age concerns presidential candidates, but not those who have already become president," Kadyrov noted.
As for the other innovations, according to Kadyrov, they will be included in the new Constitution, by posing no threat to the president's personal power, but demonstrating to the West and the United States that authoritarianism and democracy are compatible. For example, an article about a multiparty system, an alternative presidential elections and freedom of demonstration will be created. This practice has been successfully tested under Berdimuhamedov's rule. It is possible that the composition of Parliament will be expanded from 125 to 150 people. Having a strong power, the President is able to find the right candidate. But there will be no major changes. For example, there will be no article on the Constitutional Court, but Berdimuhamedov has repeatedly spoken about this at the beginning of his rule. It is difficult to say whether the rights of the Parliament will be expanded, although it would be good to transfer the function of the appointment of judges from the President to the Parliament, confirming the policy of deepening the separation of powers. We shouldn't expect that Turkmenistan will immediately transform after the adoption of a new constitution. But a course toward the Europeanization of the country has been taken.
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