nCa Report
Turkmenistan has stepped closer to its goal of switching to the bicameral system of parliament. The main features of the envisaged system were declared at the full meeting of the constitutional reform committee chaired by President Berdimuhamedov on Wednesday (29 January 2020).
The draft law that combines the opinion of experts and suggestions from the people will be published next month by the mass media of Turkmenistan. It will remain open for public debate up to July 2020. This will help refine the provisions of the legislative document that will introduce the amendments in the Constitution of Turkmenistan. The elaborate exercise will culminate later this year when the annual session of Halk Maslakhaty [Peoples Council] will adopt the necessary amendments to the Constitution to formalize the bicameral system and its features.
Based on the speech of President Berdimuhamedov at the meeting on Wednesday and the reports by the chairman of the parliamentary committee for constitutional reforms, Babayev, the chairman of the Mejlis, Ms. Mammedova, the chairman of the supreme court, Khalliyev, the director of the institute of state, law and democracy, Nuriyev, and the governor of Lebap province, Atakhalliyev, here are the proposed main features of the bicameral system of the parliament of Turkmenistan:
The bicameral parliament will be called the National Council of Turkmenistan and it will have two chambers – the Mejlis [parliament], and the Halk Maslakhaty [peoples council].
The Halk Maslakhaty as the upper chamber of the parliament will have 56 members. —– 8 from each of the 5 provinces, 8 from Ashgabat (elected through the local district, and provincial structures of Halk Maslakhaty), and 8 nominated by the president.
The members of the Halk Maslakhaty will be elected for a period of 5 years. A citizen of Turkmenistan, having reached the age of 30, with higher education, and residing in the country for the past ten years, will be eligible to be elected to the Halk Maslakhaty.
Both the chambers will have separate meetings but joint sessions can be called in case of the address of the president of Turkmenistan or a foreign dignitary, or other important occasions.
In case the president of Turkmenistan is unable to perform his duties for whatever reason, the chairman of Halk Maslakhaty will temporarily assume the power until the presidential elections.
The president of Turkmenistan will appoint and dismiss the chairman of the Supreme Court, the prosecutor general, the minister of interior, and the minister of justice with the consent of the Halk Maslakhaty.
There are several other features of Halk Maslakhaty as the upper chamber of the parliament. Please see the text of the speech of the president (given below) for details.
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Here is the unofficial, slightly paraphrased translation of the complete text of the speech of President Berdimuhamedov:
Dear members of the Constitutional Commission!
As you know, at the historic meeting of the Halk Maslakhaty of Turkmenistan held on September 25, 2019, we announced a new stage in constitutional reforms, the initiative to improve the country’s Basic Law.
The main goal of this initiative is to improve the activities of the Halk Maslakhaty and create a bicameral system of the legislative body based on this, taking into account the successes achieved in our society and the world practice.
In the context of tasks to ensure conditions for further democratization of public and state life, we created the Constitutional Commission, approving its composition by the relevant document.
Over the past period, we held two meetings of the Constitutional Commission of Turkmenistan. The first meeting was held on 4 October, the second – on 4 December 2019.
At the first meeting of the Commission, we approved its work plan, and also identified specific tasks facing the members of the Constitutional Commission. We also approved the organizational issues of the Commission. At the meetings held, we heard reports on the implementation of tasks provided for by the Commission’s work plan.
I want to note that over the past period, concrete work has been done to study and summarize the proposals coming in to amend and supplement the country’s Constitution.
It should be emphasized that during the work on the project, the Mejlis of Turkmenistan was in close cooperation with the Cabinet of Ministers, relevant ministries and sectoral departments. It is necessary to note the effective work done on collecting and preliminary analysis of proposals and ideas coming from citizens of the country, political parties, as well as public associations and local authorities.
In this regard, this activity was carried out taking into account proposals from the relevant ministries, organizations, and research institutions, higher education institutions, public associations and citizens. As a result of the work done, a draft Constitutional Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan” was prepared.
Given the work done, we decided to discuss today the main issues related to the improvement of the Constitution of the country. At the current meeting of the Commission, it is proposed to consider a preliminary draft of the aforementioned Constitutional Law. This project has been prepared on the basis of tasks and taking into account the proposals.
Dear members of the Constitutional Commission!
The main goal of our current meeting is to hold preliminary discussion on the draft Constitutional Law “On Amendments and Additions to the Constitution of Turkmenistan”. This project was developed as part of measures to restructure the country’s legislative body, expand its powers and further improve its activities. This will lead to the greatest effectiveness of the Constitution, providing the opportunity to successfully achieve the goals of legislative support for the comprehensive development of our society and the state.
Our main goal is to increase the role and expand the powers of the Parliament of an independent country, to further democratize all aspects of our lives. And therefore, it is gratifying to note that the initiatives put forward by us were clearly reflected in a specific legislative act, namely in the draft Constitutional Law of Turkmenistan.
This law is aimed at strengthening and improving the constitutional system of our state. After discussing this law [at all levels and with every strata of the society], we envisage proposing it for consideration of the next meeting of the Halk Maslakhaty of Turkmenistan. We can confidently say that the adoption of this Law will be a historic event for the homeland and the beloved people. This unforgettable event will become a new and very important stage in the constitutional construction of our sovereign state, marking the triumph of democratic principles in public administration.
I want to note with satisfaction that over the past short period, the Constitutional Commission, the Mejlis of Turkmenistan, the Cabinet of Ministers, relevant ministries and sectoral departments, political parties, public associations and public authorities, together with the country’s citizens, have done the necessary work to take into account proposals received to improve the Basic Law.
The working groups created in the Mejlis of Turkmenistan, other government bodies, political and public associations, from various institutions and enterprises, organizations and citizens received many proposals for amendments and additions to the Constitution of Turkmenistan.
Also at the meetings were speeches supporting our initiative. All of this testifies to the full support by the native people of our initiative to transform the representative legislative body of state power to a qualitatively new, bicameral system.
These incoming proposals are analyzed in a working group, which includes deputies of the Mejlis of Turkmenistan, scientists, representatives of ministries and industry departments, political parties, large public associations, as well as experienced specialists. This creates specific conditions and opportunities for reflection in legislative acts of amendments and additions that will be introduced into the Constitution of the country.
The study of the positive international experience accumulated in this area and the concretization in the form of legislative acts of the provisions that will be included in the Constitution of Turkmenistan fully comply with the democratic standards of our people for centuries.
Dear members of the Constitutional Commission!
Now I want to dwell on the specific provisions that are provided for in the Basic Law.
In accordance with the numerous proposals that have been received, our initiative to include the Halk Maslakhaty and the Mejlis of Turkmenistan in the unified system of a bicameral body of representative legislative power has found warm support. Therefore, the document submitted for your consideration proposes to remove article No. 6/1 from the Constitution of Turkmenistan.
In connection with the numerous proposals received by the Commission and taking into account the experience of countries with a bicameral parliament, we came to the conclusion that it would be advisable to call the National Parliament the National Council of Turkmenistan, its legislative chamber – the Mejlis, and the representative chamber – the Halk Maslakhaty.
Dear members of the Constitutional Commission!
We believe that it will be true if, in determining the structure of the Khalk Maslakhaty, we proceed from a scientifically sound analysis of the proposals received from the population and international experience. In this regard, we believe that it will be advisable to determine the total number of members of the Halk Maslakhaty of Turkmenistan from 56 people.
Also, in order to ensure the interests of society and the state, the Basic Law should indicate that from each province and the city of Ashgabat, equally, namely 8 people are elected to the Halk Maslakhaty by secret ballot at relevant meetings of the Halk Maslakhat of velayat and the city of Ashgabat. We also consider it correct to indicate that the President of Turkmenistan appoints 8 members from among citizens with rich life experience, who have great authority and special merits in various areas of state and public activity.
Such a procedure for the formation of the composition of the Halk Maslakhaty will be important in expanding the authority and prestige of the Halk Maslahaty of the velayats and the city of Ashgabat, strengthening their role in Turkmen society as influential, local representative bodies having the right to form the composition of the Halk Maslakhaty.
I believe that the appointment of a certain part of the members of the Halk Maslakhaty by the President of Turkmenistan will enrich in a new substantial plan such democratic principles of our people as justice, equality, humanism in accordance with the modern requirements of the development of society and the state.
Based on the corresponding principle formed by our ancestors in the management of society, in order to select and appoint people with rich life and work experience, I think that it will be appropriate if it is indicated in the draft Constitution that for 5 years a member of the Halk Maslakhaty can be elected and appointed a citizen of Turkmenistan who is over 30 years old, with higher education, permanently residing in the country for the past ten years.
And speaking of the Mejlis of Turkmenistan, I believe that it will be true, on the basis of the positive experience that he/she has gained in organizing legislative activity in the country, to leave the previous constitutional norms on the number of deputies and their term of office. Currently, within the framework of the legislation of Turkmenistan, the terms of office of representative bodies operating in our independent state are 5 years.
This will also be consistent with the recognized positive practice of holding elections of deputies and election legislation. At the same time, it is proposed to introduce into the Basic Law a provision on prohibition of the election of the same person at the same time in both boards of the National Parliament. This provision will be important in ensuring the country’s democratic initiatives and social justice.
Dear members of the Constitutional Commission!
I also think that it would be advisable to introduce a provision in the Constitution of Turkmenistan that meetings of the chambers are held separately. It is allowed to make an exception to this provision in cases where the President of Turkmenistan makes an annual appeal to the Turkmen people and the Parliament on the situation in the country, priority directions of domestic and foreign policy, as well as when leaders of foreign states speak in the Parliament. In such cases, joint meetings are foreseen.
According to the experience of many countries of the world, in the case when the President of the country for some reason does not have the ability to fulfill his duties, as a rule, his powers are transferred to the Chairman of the representative chamber of the Parliament. I believe that it will be correct if, based on such positive international practice, we set out in the Basic Law that in the event that the President of the country for some reason does not have the ability to fulfill his duties, until the election of the President, his powers will be transferred to the Chairman of Halk Maslakhaty .
I also think it would be appropriate to indicate that the President of the Supreme Court of Turkmenistan, the Prosecutor General, and the Ministers of Internal Affairs and Justice are appointed and dismissed by the President of Turkmenistan with the consent of Halk Maslakhaty.
In accordance with good international practice and the legislative experience gained in the country, the draft Basic Law proposes to state the following powers of the Khalk Maslakhaty:
1) approve or refuse the approval of the Constitution, constitutional laws and other laws adopted by the Mejlis;
2) consider the Law of Turkmenistan on the State Budget of Turkmenistan adopted by the Mejlis;
3) decide on the holding of popular referenda;
4) upon the proposal of the President of Turkmenistan, consider the issues of appointment and dismissal of the chairman of the Supreme Court of Turkmenistan, the Prosecutor General, the Minister of the Interior, the Minister of Justice;
5) award the President of Turkmenistan with state awards, to assign him military and other state ranks;
6) solve the issue of changing the state border of Turkmenistan;
7) consider issues of peace and security;
8) solve other issues referred by the Constitution and laws to the powers of the Halk Maslakhaty.
And it is considered necessary to add the following to the authority of the Mejlis:
1) consider and adopt the draft Constitution, constitutional laws and other laws, to supervise the implementation of the adopted laws and provide their official explanation;
2) consider the issue of approving the program of activities of the Cabinet of Ministers;
3) consider the issue of approving the State budget of Turkmenistan and a report on its implementation;
4) consider priority areas of the state’s internal and foreign policy, as well as programs for the country’s political, economic, social and cultural development;
5) call the election of the President of Turkmenistan, deputies of the Mejlis, members of the Halk Maslakhaty and Gengeshes [village councils];
6) at the proposal of the President of Turkmenistan, choose an authorized representative for human rights in Turkmenistan;
7) establish state awards;
8) approve and annul international treaties;
9) solve the issue of changing the administrative-territorial division of Turkmenistan;
10) determine compliance with the Constitution of regulatory legal acts of state authorities;
11) solve other issues referred by the Constitution and laws to the powers of the Mejlis.
Dear members of the Constitutional Commission!
I also want to note the importance of the issues facing the Constitutional Commission in terms of clearly defining the procedure for adopting laws in the Constitution of Turkmenistan. In accordance with the proposals and taking into account international experience, I believe that it will be appropriate if we state in the Basic Law that the right to legislative initiative belongs to the President of Turkmenistan, members of the Halk Maslakhaty, deputies of the Mejlis, the Cabinet of Ministers and the Supreme Court.
I think it would also be appropriate to introduce a provision that the laws adopted by the Mejlis should be sent to the Halk Maslakhaty for approval. Because the importance of the Halk Maslakhaty is increasing in the aspect that the laws adopted by the Mejlis are considered by them from the point of view of determining national interests above all. If more than half of the members of the Halk Maslakhaty vote in favor, this law is sent to the President of Turkmenistan for signature.
I believe that it will be correct if the Provision is introduced into the Basic Law that the bill unapproved by Halk Maslakhaty is re-examined in the Mejlis, and if it is adopted in the previous version by a majority of at least two-thirds of the total number of deputies, this legislative act is considered adopted .
We consider it expedient to have this situation from the point of view of coordinated functioning of the two chambers, aimed at coordinating the work of each other in the interests of the state and society.
Dear members of the Constitutional Commission!
I want to note once again that our people are closely involved in and support in the work being carried out in this area. In order to fully and comprehensively take into account public opinion, I propose that on in February we completely publish in the mass media the Constitutional Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan” for popular discussion.
In connection with the transition to a qualitatively new bicameral structure of the Parliament, the introduction of amendments and additions to the Constitution of Turkmenistan will become an important historical event in the public and political life of the country, a clear confirmation of the successful implementation of our humane principle of “The state for people!”. And this will be of particular substantial significance in the Year “Turkmenistan – Home of Neutrality”.
In connection with the adoption of the new draft Constitution, it is necessary in the future to analyze the existing laws and make appropriate amendments to them. This work will need to be done in the established manner by the Working Group established in the Mejlis of Turkmenistan.
Dear members of the Constitutional Commission!
Dear participants of the meeting!
Turkmen society shows great interest in the transformation of the country’s legislative power system, actively participating in this process. And therefore, we must achieve that not a single initiative of our people is left without attention, and people must live, realizing that their opinion is always important.
With the participation of deputies of the Mejlis, scientists and relevant specialists, covering media issues as necessary, they should continue campaigning and educational work.
Dear members of the Constitutional Commission!
Dear participants of the meeting!
Reforming the country’s legislative body will provide an opportunity to represent the entire parliament of the Turkmen society to the national parliament, solve pressing issues of the time, and significantly improve the situation in the preparation and application of laws. The new law-making body will be important in the further democratization of state and public life, and the full adoption of the principles of social justice.
Dear participants of the meeting!
The draft that we discussed today takes into account all the proposals received from working groups created in ministries, industry and research departments, public associations, as well as citizens. In this regard, in order for all of our people to discuss the Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan”, I propose to fully publish it in the media.
It will be necessary to once again deeply study the proposals that will come after the publication of the draft, and continue to work on the preparation of the final draft of the Constitutional Law. We will submit the final draft of the Constitutional Law for consideration of the upcoming meeting of the Halk Maslakhaty. To this end, I instruct the Mejlis of Turkmenistan, after a nationwide discussion of the draft Constitutional Law, to prepare its final version for consideration by the Constitutional Commission, which will be held in July.
Continuing effective work to study the national and world experience of constitutional legislation and ensuring broad public participation in the discussion of the proposed project is the main challenge facing us at present. Also, with the participation of deputies, representatives of political parties and public associations, relevant specialists of ministries, industry and scientific departments, meetings with the public on the ground should continue.
In general, it is necessary to fully convey to the people the work carried out to improve the Constitution of an independent neutral state. I am convinced that the members of the Constitutional Commission and the Working Group created in the Mejlis will continue to work together, with honor, having fulfilled the tasks to prepare the final draft of this Law. /// nCa, 30 January 2020