Freedom in the World 1998 - Kyrgyzstan

1998 Scores

Status: Partly Free
Freedom Rating: 5.0
Civil Liberties: 5
Political Rights: 5

Ratings Change

The Kyrgyz Republic's political rights and civil liberties ratings changed from 4 to 5 due to increased authoritarianism of the executive and corruption.

Overview

In 1998, President Askar Akayev successfully advocated constitutional amendments that would enlarge parliament, provide for private ownership of land, and limit parliamentary immunity to activities connected with parliamentary duties. The revisions were adopted by public referendum in October.

Kubanychbek Dzumaliev, head of the presidential administration, was appointed to the largely ceremonial post of prime minister in March. He replaced Apas Dzumagulov, who resigned allegedly for health reasons. There was wide speculation, however, that he was forced to step down to prevent a possible scandal over gold sales. In April, President Akayev carried out the largest government reshuffle since 1991.

The Kyrgyz Republic declared independence from the Soviet Union in 1991. In what was called the "Silk Revolution," President Akayev, a respected physicist, introduced multiparty democracy and market reforms. But resistance from a Communist-dominated, 350-member parliament elected in 1990 led Akayev to dissolve the legislature in 1994 and decree a national referendum for changes in the constitution as well as the creation of a bicameral, 105-member body (Jogorku Kenesh), with a 35-seat lower chamber as a permanent legislature and a 70-member upper chamber to meet only occasionally to approve the budget and confirm presidential appointees. Nearly 75 percent of voters approved the proposal for a new parliament. In 1995 parliamentary elections, 82 seats went to a mix of governing officials, businessmen, intellectuals, and clan leaders, with the Communists gaining only a handful of seats. Akayev then won the presidency with over 60 percent of the vote.

In February 1996, voters approved a referendum that changed more than half of the constitution to enhance presidential power. The new document gave the president the power to appoint all top officials, although the prime minister requires parliamentary approval. If parliament rejects three of the president's nominees, he can dissolve the body.

The April 1998 government reshuffle came amid growing economic difficulties. The country was mired with a $1 billion foreign debt, a substantial budget deficit, plunging exports, and little foreign investment. The shakeup also came amid allegations of corruption involving cost overruns at the Kumtor gold mining operation, owned jointly with the Canadian company Cameco. Corruption in government and business continued to be a problem. Prime Minister Dzumagulov resigned after it was reported that he helped an Austrian firm charged with selling Kyrgyz gold abroad and controlled the country's oil and alcohol industries. The privatization process was widely considered to have been manipulated by officials in order to benefit friends and associates.

In October, the public approved constitutional amendments which expanded the Legislative Assembly (lower chamber) from 35 to 60, and decreased the Assembly of People's Representatives (upper chamber) from 70 to 45. The revisions were proposed by a September presidential decree.

Political Rights and Civil Liberties

Citizens can elect their government under a multiparty system. The 1996 constitution, approved by referendum, codifies strong presidential rule and a weak parliament. Parliamentary and presidential elections in 1995 included such violations as ballot-stuffing, inflation of voter turnout, media restrictions, and intimidation. Constitutional amendments in 1998 increased the number of deputies in the lower house as well as the upper house.

The new criminal code and press law adopted in 1997 placed restrictions on the publication of state secrets, materials that advocate war, violence or intolerance of ethnic groups, and libeling public officials. No private local radio or television stations exist. Only one private radio station, Radio Almaz, and one private television station operate nationally. In February 1998, Radio Almaz was shutdown for a month, but resumed broadcasting a month later on a provisional basis. Independent VOSST tele-radio station in Bishkek was also shutdown for 36 hours in February. Licenses were held up for several regional TV and radio stations. There are several independent papers, among them Res Publica, Asaba, Delo No, and Vecherniy Bishkek.

Freedom of religion is guaranteed in this predominantly Islamic country, where Christians and Jews can worship freely and openly, though religious groups must register with the State Commission on Religious Affairs. The Commission has refused to register some Protestant denominations. The government was concerned about the spread of Wahhabi Islam in the Osh region.

Freedoms of assembly and movement are respected inconsistently. In September, local authorities in southern Kyrgyzstan banned an opposition rally. Two men were later held for organizing an unsanctioned rally and "circulating materials and rumors aimed against public order and the security of citizens." The rally was held to demand that the referendum on constitution amendments not be held.

Major political parties include the Communists on the left, the nationalist Asaba, and the Social Democrats, the Republican Party, the Agrarians, and Erkin (Freedom). The largest political movement is the pro-government Democratic Movement of Kyrgyzstan. Most parties are small and weak, with vague platforms and little financial support.

A 1992 law permits the formation of independent unions; most workers belong to the Federation of Independent Trade Unions of Kyrgyzstan (FITUK), the successor to the Soviet-era labor federation. Over 450 non-governmental organizations are registered, ranging from business groups to sports and charitable associations.

The judiciary is not independent and remains influenced by the executive branch. The procurator, not the judge, is in charge of criminal proceedings, and courts of elders still operate in remote regions. A new system of court administration has improved judicial professionalism.

Although the constitution guarantees minority rights, there has been an exodus of educated and skilled Russians and Germans. The Uigur organization Ittipak (Unity) has faced sporadic suspension for "separatist activities." In the south, tensions have eased somewhat between Kyrgyz and Uzbeks, but southern politicians continue to complain about underrepresentation in parliament.

Restrictions remain on freedom of movement. Under a Soviet-era law, citizens need official government permission (a "propiska") to work and settle in a particular area of the country.

The 1990 property law allows foreign and Kyrgyz citizens to own homes, vehicles, means of production, enterprises, and buildings. A 1998 constitutional amendment permitted the private ownership of land. The legal and regulatory environment for business operations is widely regarded as superior to those in neighboring countries. Nevertheless, personal connections, corruption, and insider privatization have put limits on competition and equal opportunity.

Women are well represented in the workforce, business, higher education, and NGOs. Domestic violence against women has reportedly increased since 1991.