nCa Report
Turkmenistan is at the threshold of switching to the bicameral system of parliament. The draft law that will incorporate the necessary amendments/additions to the Constitution of Turkmenistan was unveiled in a meeting of the Constitutional Commission chaired by President Berdimuhamedov through the video link on Wednesday (19 August 2020).
The elaborate process that led to the preparation of the draft law was started last year during the annual session of the Halk Maslakhaty (Peoples Council). A Constitutional Commission was formed, with the chairmen of the political parties, the chairman of the parliament, the minister for justice, and other experts and representatives as its key members.
The Commission invited proposals from the general public and law experts, and also studied the models of bicameral system in various countries. The citizens were kept informed of the developments through the media.
In the meeting Wednesday, President Berdimuhamedov signed a resolution for sending the draft law to the forthcoming session of the Halk Maslakhaty for deliberation and adoption.
The Halk Maslakhaty will meet on 25 September 2020 through the video link.
It is important to note that in its current state the Halk Maslakhaty is a purely consultative body with no legislative or any other powers.
However, after the adoption of the amendments to the Constitution, the Halk Maslakhaty will transform into the upper house of the parliament with supreme legislative and other powers.
The current Halk Maslakhaty will dissolve itself at the end of the session on 25 September.
Here are some of the features of the draft law on the amendments/additions to the Constitution of Turkmenistan:
- The parliament of Turkmenistan will be called the National Council of Turkmenistan. It will have two chambers. The upper house will be called the Halk Maslakhaty and the lower house will be called Mejlis.
- The Halk Maslakhaty will have eight members from each province and the capital Ashgabat. These members will be elected through the secret ballot of the provincial bodies of Halk Maslakhaty.
- The draft law provides for removal of one article from the Constitution, addition of 3 articles, and 27 clauses.
- A person cannot be simultaneously be the member of the Halk Maslakhaty and the Mejlis.
Speech of President Berdimuhamedov
Here is the unofficial, slightly paraphrased translation of the speech of President Berdimuhamedov at the meeting on Wednesday:
Dear members of the Constitutional Commission!
As you know, on September 25, 2019, a particularly significant event took place in the life of our independent, neutral Motherland – the historical meeting of the Halk Maslakhaty of Turkmenistan.
During this meeting, a new stage of constitutional reforms in the country was launched; an initiative was put forward to improve the Basic Law of the independent Motherland.
The main goal of the transformations we are carrying out is to modernize the activities of representative bodies of power, that is, the Halk Maslakhaty and the Mejlis of Turkmenistan, which will serve the highest value of society and the state – the person, their interests, as well as the creation of a bicameral structure of a body carrying out a legislative function, bringing to a higher level the activity of the democratic institutions.
We noted earlier that in this direction we are facing very important and responsible tasks that are necessary for the further democratization of state and public life. In this context, a Constitutional Commission was created to develop and generalize proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan, and on October 4 last year we held its first meeting.
Since then, three meetings of the Constitutional Commission have taken place. At the first meeting, the work plan of the Commission was approved, specific tasks were set for its members, and organizational measures were determined.
They also heard reports on the planned work carried out by the Commission and, after analyzing it, the prepared draft was published in the media.
The Working Group created under the Mejlis of Turkmenistan also carried out specific work to study, analyze and generalize numerous proposals from the population, political parties, public associations, branch departments, institutions and organizations.
When preparing a preliminary draft of the Constitutional Law on Amendments and Additions to the Constitution of the Country, the Mejlis of Turkmenistan worked closely with the Cabinet of Ministers, relevant ministries and sectoral departments, and coordinated the reception, analysis and synthesis of proposals from citizens, political parties and public associations of the country, and local authorities.
These works were carried out taking into account the proposals received from the deputies of the Mejlis, the relevant ministries, sectoral and scientific departments, educational institutions, political parties, as well as public associations and citizens.
In accordance with the plan of the Working Group created under the Constitutional Commission, a draft Constitutional Law “On Amendments and Additions to the Constitution of Turkmenistan” was prepared, which we dwelt on in detail at the third meeting of the Constitutional Commission.
We decided to inform the citizens of Turkmenistan in detail by publishing in the media a draft developed and prepared by the Commission.
Taking into account the work done, we considered it appropriate to discuss today the key tasks related to improving the country’s Constitution and the preliminary draft of the Constitutional Law “On Amendments and Additions to the Constitution of Turkmenistan”. This project was developed in accordance with the tasks at hand, as well as taking into account the proposals received.
Dear members of the Constitutional Commission!
The draft Constitutional Law “On Amendments and Additions to the Constitution of Turkmenistan” aroused great interest among our people.
According to the Working Group created under the Constitutional Commission to study and summarize the incoming proposals, thousands of our citizens, having supported the proposal to name our Parliament the National Council of Turkmenistan, spoke and gave their proposals at meetings and in the media.
The proposal to create a bicameral structure of the National Parliament, the name of its chambers – the Halk Maslakhaty and the Mejlis, also received wide support.
Dear members of the Constitutional Commission!
Full support of the provisions on the number of representatives from the velayats and the city of Ashgabat set out in the draft Constitutional Law on the formation of the composition of the Halk Maslakhaty chamber of our Parliament, the procedure for their election and appointment, the requirements for candidates for membership in the Halk Maslakhaty, and their terms of office, indicates that the proposals have been taken into account citizens in the preparation of the project.
In accordance with the positive world practice, as well as in order to expand the powers, increase the prestige of the velayat and Ashgabat city Halk Maslakhaty and strengthen their position in society as local representative bodies that have the right to form the composition of the Halk Maslakhaty, our numerous citizens, having approved the procedure for forming composition of the Halk Maslakhaty, gave their recommendations.
For a clearer presentation, it was proposed to indicate in Article 78 of the draft Constitutional Law that “The Halk Maslakhaty includes eight representatives from each velayat and the city of Ashgabat, who are elected by secret ballot at meetings of the Khalk Maslakhaty of the velayats, the city of Ashgabat. The procedure for their election is established by law.” We consider this proposal appropriate.
At the same time, I would like to note that the provision on the inadmissibility of the election and work of the same person in two chambers of the National Parliament, set out in the draft of this Law, was awarded the full support of our people.
I consider it necessary to introduce this provision into the Basic Law to ensure democratic initiatives and social justice in the country. I am sure that this will be of great importance in the new ideological and content enrichment of the principle of social justice of our people, which has passed the test of time for centuries.
Dear members of the Constitutional Commission!
Thousands of proposals have been received in support of the specific provisions set forth in the draft Constitutional Law concerning the holding of meetings of the chambers of the National Council, and their powers. I believe that a detailed presentation of this issue in the constitutional provisions will create favorable conditions for the development of parliamentarism in our country and, as a result, for the establishment of the activities of the legislative state body in accordance with the requirements of the time.
At the same time, there were also a lot of proposals on the appointment of elections, full understanding of the powers of the members of the Halk Maslakhaty. On their basis, it was proposed, adding a fourth point to the list of powers of the Halk Maslakhaty set out under the two designations of the eightieth article – “appoints the election of members of the Halk Maslakhaty;”, to fix this in the powers of the Halk Maslakhaty. We consider it expedient if we accept these proposals as well.
And the right to call the first elections of members of the Halk Maslakhaty is proposed to be given to the President of Turkmenistan. It would be correct if we set out these rules in part VI of the Constitutional Law.
I would like to note that in approving the provision in the draft Constitutional Law, which clearly defines the procedure for adopting laws, there were many proposals from our people. Because the submission to the Halk Maslakhaty of laws adopted by the Mejlis, in accordance with the provisions set forth in the draft, demonstrates that these laws are considered from the position of affirming the highest priority of national interests.
I believe that it will also be expedient with regard to the well-coordinated work of the two chambers, aimed at coordinating each other’s activities in the interests of the state and society.
In this context, on the basis of the proposals received, I believe it is appropriate to state in the 83rd article – “In case of rejection of the Law of Turkmenistan by the Halk Maslakhaty, the chambers may create a conciliation commission and after that the law is subject to consideration by the Mejlis”, which will be expedient and will better clarify this question.
Dear members of the Constitutional Commission!
At the current meeting of the Constitutional Commission, we heard information and reports on the work carried out aimed at implementing the initiated reforms to improve the activities of the legislative representative body of our state.
I would like to note with satisfaction the direct participation of our native people in the work done on amendments and additions to the Basic Law concerning the creation of a bicameral structure of the national parliament in the year, the motto of which is “Turkmenistan is the home of neutrality”, and broad support for these reforms.
I thank everyone who took an active part in a historically important event in the social and political life of the country – the organized work aimed at increasing the efficiency of the functioning of the legislative representative body and the role of the national Parliament.
When preparing the draft Constitutional Law “On Amendments and Additions to the Constitution of Turkmenistan”, we were guided by the goals of further improving the state system, the accumulated experience on the path of our national development and positive world practice. Therefore, I instruct the Mejlis of Turkmenistan to conduct an analysis of the current national legislation related to the adoption of this Law, as well as to continue work on making appropriate changes and additions.
Dear members of the Constitutional Commission!
Bringing the activities of the country’s legislative body in line with modern realities will allow the National Parliament to represent all strata of Turkmen society, solve urgent problems of the present time, and radically improve the state of affairs in the development and implementation of laws.
It will also create favorable conditions for establishing closer relations between voters and deputies, and effective control over the implementation of laws and national programs. It will give an opportunity to bring the legislative activity of the Parliament to a qualitatively new level.
Thus, the Parliament of our country will turn into a national representative body with broad responsibilities and powers. And this will go down in history as a milestone of great importance in the democratization of the life of the state and society.
Dear members of the Constitutional Commission!
Turkmenistan is our Motherland. The Constitution is our Basic Law.
In our Constitution, a person is defined as the highest value of the society and the state. Protection, support and service to people are the main tasks of government bodies. These are the main provisions that determine the state policy. Our initiative for the transition to a new parliamentary system also stems from these provisions set out in the Basic Law.
It is the sacred duty of each of us to leave a sovereign state as a legacy to future generations in the key areas defined in the Constitution.
Dear meeting participants!
From the speeches on the draft Constitutional Law discussed today, it can be seen that, fully supporting the initiative we put forward to create a bicameral legislative representative body of the country, our people took an active part in the ongoing constitutional reforms.
The project fully takes into account the proposals received from ministries, industry and scientific institutions, public associations and citizens.
Members of the Constitutional Commission and representatives of relevant state institutions and public associations have done historically significant, important work, which we talked about in detail at the meetings of the Constitutional Commission.
Therefore, the work on the draft Constitutional Law “On Amendments and Additions to the Constitution of Turkmenistan” should be generally considered completed.
In velayats, etraps and cities of the country, it is necessary to discuss the draft Constitutional Law with representatives who will take part in the next meeting of the Halk Maslakhaty of Turkmenistan. Then submit it for consideration at the next meeting of the Halk Maslakhaty and, if approved, send it to the Mejlis of Turkmenistan for consideration.
In general, it is necessary to continue activities to fully bring to the attention of the citizens of Turkmenistan the importance of the work being done to improve our Constitution.
I believe that the constitutional reforms being implemented in our independent neutral state will make it possible to ensure broad human and civil rights and freedoms guaranteed in the Constitution of Turkmenistan.
I am convinced that the members of the Constitutional Commission and the Working Group created under it will continue to perform their work smoothly and adequately cope with the tasks set.
(Ashgabat, 19 August 2020)
Presidential resolution on approval of draft law
President, Chairman of the Constitutional Commission of Turkmenistan Gurbanguly Berdimuhamedov signed a Resolution on the approval of the draft Constitutional Law “On Amendments and Additions to the Constitution of Turkmenistan” and on its submission to the Halk Maslakhaty of Turkmenistan.
According to the text of the document, in order to approve the draft Constitutional Law “On Amendments and Additions to the Constitution of Turkmenistan”, prepared following the results of the activities of the Constitutional Commission on the development and synthesis of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan (hereinafter – the Constitutional Commission), created on the basis of initiatives put forward to improve the Constitution of Turkmenistan, as well as a nationwide discussion and ensure its adoption, the Constitutional Commission decided:
- The work on the draft Constitutional Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan” is generally considered completed.
- On the draft Constitutional Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan” in velayats, etraps and cities of the country, hold discussions with representatives who will take part in the next meeting of the Halk Maslakhaty of Turkmenistan.
- To propose to the next meeting of the Halk Maslakhaty of Turkmenistan the draft Constitutional Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan”.
- Upon approval of the draft Constitutional Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan” by the Halk Maslakhaty of Turkmenistan, propose this draft Constitutional Law for consideration by the Mejlis of Turkmenistan. /// nCa, 20 August 2020