Comments on: Consitutional Amendments: A Silver Lining http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/ neweurasia\'s Kazakhstan blog Fri, 4 Jul 2008 13:12:47 +0000 http://wordpress.org/?v=2.2.3 By: kazakhstan.neweurasia.net » Race to the Bashi http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26641 kazakhstan.neweurasia.net » Race to the Bashi Fri, 25 May 2007 02:33:56 +0000 http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26641 [...] to see the sunny side of the recent amendments to Kazakhstan’s constitution, among them our own Arthur, as well as the US Government. I tend to agree more with the Economist’s take; “One [...] […] to see the sunny side of the recent amendments to Kazakhstan’s constitution, among them our own Arthur, as well as the US Government. I tend to agree more with the Economist’s take; “One […]

]]> By: Adam Kesher http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26380 Adam Kesher Wed, 23 May 2007 07:40:02 +0000 http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26380 In reality, the amendments are not too encouraging as advertized by official Astana and some of its agents like Ariel Cohen from the Heritage Foundation(see his today's opinion in WashTimes). Lawyers made an analysis and put it in a comparative table (you can find it here in Russian - http://zonakz.net/articles/17796) To be more focused - yes, the term has been cut. But constitutional enactment of one man's exclusiveness is a very worrying precedent. - the Parliament's authorities are widened only to the same extent as they are narrowed. The increased number does not mean anything if they all would be elected unfairly. Proportional system is a fine tool for the regime - opposition parties being weakened by trials or simply not registered, while Nur-Otan mega-party enjoying full administrative resource. President now appoints 1/3 of the Senate and even a part of lower chamber. "A Prime Minister will now be appointed only with the approval of the majority of the Majilis" - yes, but this is in essence the same procedure as before! "Deputies will now need only a simple majority for a vote of no confidence" - yes, but the president can now dissolve the parliament solely at his personal will. "Two thirds of the Constitutional Council, the Central Election Commission and the Accounting Committee will now be appointed by the Parliament" - until recently it was the authority of the speakers of two chambers. With party lists vote, it can be done by the chambers themselves. In reality, the amendments are not too encouraging as advertized by official Astana and some of its agents like Ariel Cohen from the Heritage Foundation(see his today’s opinion in WashTimes). Lawyers made an analysis and put it in a comparative table (you can find it here in Russian - http://zonakz.net/articles/17796)
To be more focused
- yes, the term has been cut. But constitutional enactment of one man’s exclusiveness is a very worrying precedent.
- the Parliament’s authorities are widened only to the same extent as they are narrowed. The increased number does not mean anything if they all would be elected unfairly. Proportional system is a fine tool for the regime - opposition parties being weakened by trials or simply not registered, while Nur-Otan mega-party enjoying full administrative resource. President now appoints 1/3 of the Senate and even a part of lower chamber. “A Prime Minister will now be appointed only with the approval of the majority of the Majilis” - yes, but this is in essence the same procedure as before! “Deputies will now need only a simple majority for a vote of no confidence” - yes, but the president can now dissolve the parliament solely at his personal will. “Two thirds of the Constitutional Council, the Central Election Commission and the Accounting Committee will now be appointed by the Parliament” - until recently it was the authority of the speakers of two chambers. With party lists vote, it can be done by the chambers themselves.

]]> By: Andrew http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26298 Andrew Tue, 22 May 2007 17:24:41 +0000 http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26298 As for local elections of the Akim, just let the northern regions (Pavlodar, Ust-Kamenogorsk etc) elect a Slav with sympathies for Russia and we'll see how long that experiment lasts. As for local elections of the Akim, just let the northern regions (Pavlodar, Ust-Kamenogorsk etc) elect a Slav with sympathies for Russia and we’ll see how long that experiment lasts.

]]> By: Arthur http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26265 Arthur Tue, 22 May 2007 11:10:42 +0000 http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26265 I agree that local elections would have been preferable, but I still think this reform is better than nothing. When I first arrived in Kazakhstan, people told me there were "experiments" with local elections taking place, and hopefully they will be expanded. But if they are not (and there is a good chance they won't be), I think the mazhilis being involved is at least a step in the right direction. And while I have not read the exact Russian or Kazakh texts of the Amendments, it seems like the oblasts could conceivably do both: have an election for the akim, and then have it approved by the mazhilis. While this would provide the pro-Presidential parties another chance to reject a democratically-elected akim, I don't think any anti-Presidential candidate has a realistic chance of winning many votes anyway, given the media climate here. You are certainly right that none of mazhilis have the guts to reject a Nazarbayev appointee, but they might use their new powers against the NEXT President. With regards to the death penalty: I sat in on a discussion about the prison system a few months ago our Regional Cultural Center, and the moratorium was mentioned. The way I heard it described, it sounded like some of the conservative elements here wanted to bring it back. Hopefully this Amendment will make rejection of capital punishment more difficult to repeal. However, this leads to a final point, which I did not put in my post because it was covered so well by Leila's commentators: it is ridiculously easy to amend the Constitution. 17 minutes?! That's crazy. I agree that local elections would have been preferable, but I still think this reform is better than nothing. When I first arrived in Kazakhstan, people told me there were “experiments” with local elections taking place, and hopefully they will be expanded. But if they are not (and there is a good chance they won’t be), I think the mazhilis being involved is at least a step in the right direction. And while I have not read the exact Russian or Kazakh texts of the Amendments, it seems like the oblasts could conceivably do both: have an election for the akim, and then have it approved by the mazhilis. While this would provide the pro-Presidential parties another chance to reject a democratically-elected akim, I don’t think any anti-Presidential candidate has a realistic chance of winning many votes anyway, given the media climate here. You are certainly right that none of mazhilis have the guts to reject a Nazarbayev appointee, but they might use their new powers against the NEXT President.

With regards to the death penalty: I sat in on a discussion about the prison system a few months ago our Regional Cultural Center, and the moratorium was mentioned. The way I heard it described, it sounded like some of the conservative elements here wanted to bring it back. Hopefully this Amendment will make rejection of capital punishment more difficult to repeal.

However, this leads to a final point, which I did not put in my post because it was covered so well by Leila’s commentators: it is ridiculously easy to amend the Constitution. 17 minutes?! That’s crazy.

]]> By: Leila http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26248 Leila Tue, 22 May 2007 08:59:40 +0000 http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26248 Interesting way to look at it... Glass half full! About the 6th point - there was a moratorium on death penalty for a while. Interesting way to look at it… Glass half full! About the 6th point - there was a moratorium on death penalty for a while.

]]> By: Global Voices Online » Kazakhstan: Amendments’ Silver Lining http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26177 Global Voices Online » Kazakhstan: Amendments’ Silver Lining Tue, 22 May 2007 03:39:25 +0000 http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26177 [...] says that there is a silver lining to Kazakhstan’s recently passed constitutional amendments. Share [...] […] says that there is a silver lining to Kazakhstan’s recently passed constitutional amendments. Share […]

]]> By: Ben http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26082 Ben Mon, 21 May 2007 14:13:01 +0000 http://kazakhstan.neweurasia.net/2007/05/21/consitutional-amendments-a-silver-lining/#comment-26082 Interesting post. Maybe these amendments will really prove helpful several years down the line. Now, the pro-presidential parties' dominant position in the Kazakhstani political landscape will be a guarantor for stability in the power balance as you rightly say. Also of note is the president's ability to dismiss parliament. Nathan over at The Registan <a href="http://www.registan.net/index.php/2007/05/18/nazarbaev-forever/#more-7155" rel="nofollow">discussed</a> that with his readers. The fifth point is interesting. For some while, the direct election of akims was pondered, which would make akims more accountable. With the local mazhilis being in charge of appointing him, local and regional politics will thus continue to be in the hands of the pro-presidential parties with the new amendments. Interesting post. Maybe these amendments will really prove helpful several years down the line. Now, the pro-presidential parties’ dominant position in the Kazakhstani political landscape will be a guarantor for stability in the power balance as you rightly say.

Also of note is the president’s ability to dismiss parliament. Nathan over at The Registan discussed that with his readers.

The fifth point is interesting. For some while, the direct election of akims was pondered, which would make akims more accountable. With the local mazhilis being in charge of appointing him, local and regional politics will thus continue to be in the hands of the pro-presidential parties with the new amendments.

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