nCa Report
In a move that will give complete makeover to the legislative base, Turkmenistan has decided to switch back to the unicameral system of parliament. However, it will be quite different from the past.
As is known, a couple of years ago Turkmenistan adopted the bicameral system of parliament. The parliament currently in seat, as a result of that decision, is called Milli Gengesh (National Council). The upper chamber is called Halk Maslahaty (Peoples Council), and the lower house is called Mejlis. Gurbanguly Berdimuhamedov, who was the president of Turkmenistan for 13 years, is the chairman of the Halk Maslahat. Ms. Gulshat Mammedova is the chairman of the Mejlis.
This is going to change.
Gurbanguly Berdimuhamedov, known by his official title as Hero-Arkadag, chaired a joint session of both the houses of the parliament on 11 January 2023.
There was a single point on the agenda: To abolish Halk Maslahaty in its present form, reconstitute it with the entirely new composition, merge it with the Mejlis to form a single chamber, and name the new house as Halk Maslahaty.
During the joint session on 11 January 2023, Gurbanguly Berdimuhamedov (ArkadagGB) made the keynote speech.
It was a short speech and gives the justification for this decision, and also outlines the structure and powers of the single chamber parliament (Halk Maslahaty). It is self-explanatory.
Both the houses will meet again on 21 January 2023 – their last session in the present format – and vote for constitutional amendments to switch to the new, unicameral system of parliament.
We are producing here the unofficial, slightly paraphrased text of the speech of ArkadagGB:
Speech by the Chairman of the Halk Maslakhaty of the Milli Gengesh of Turkmenistan Gurbanguly Berdimuhamedov at the joint meeting of the Halk Maslakhaty and the Mejlis of the Milli Gengesh of Turkmenistan
Dear members of the Halk Maslakhaty! Dear deputies of the Mejlis!
We have decided to hold a joint meeting of the chambers of the Milli Gengesh of Turkmenistan today. As you know, life does not stand still, it is constantly evolving, enriched with new laws and postulates, and old concepts are changing, acquiring a different meaning and content. Based on this, the fundamental legal base of society is also continuously improved, which leads to the formation of its improved model, which corresponds to national characteristics, the level of state development and the will of the people.
Since the independence of our Motherland, the system of public authorities has been modernized on a regular basis in accordance with objective realities. These processes are carried out taking into account the colossal experience of our glorious ancestors in state formation and administration, as well as the achievements of the world’s leading countries in this area.
And this makes it possible to guarantee the rights and freedoms of man and citizen, including the right to participate in the management of the state and society, and also creates favorable conditions for maintaining the stability and unity of society, strengthening and comprehensively developing the foundations of democracy, a democratic legal and secular state.
Dear meeting participants!
As you know, two years ago, as part of the modernization of the system of public authorities, we transformed the national legislative body – the Parliament – into the Milli Gengesh of Turkmenistan, consisting of two chambers – the Halk Maslakhaty and the Mejlis. Today they are successfully fulfilling their functions.
However, in the light of modern transformations, there is a need for consistent improvement of the structure of the legislature, which should be carried out on the basis of real demands of the time. Therefore, taking into account the practice of state building developed by our people throughout its centuries-old history, guided by the noble traditions of the ancestors, to resolve the most important political, economic and military issues with public delegates at the national forum, I propose to create the highest representative body of people’s power – the Halk Maslakhaty of Turkmenistan.
In connection with the creation of the Halk Maslakhaty of Turkmenistan and granting it broad powers, including considering and approving proposals on the adoption of the Constitution of Turkmenistan and constitutional laws, making amendments and additions to them, the Halk Maslakhaty Milli Gengesh is abolished. Thus, we consider it expedient to reorganize the Milli Gengesh of Turkmenistan (Parliament), which exercises legislative power in our country, into the Mejlis of Turkmenistan, consisting of one chamber.
It will be right if the newly created Halk Maslakhaty of Turkmenistan includes:
- Chairman of the Halk Maslakhaty of Turkmenistan;
- President of Turkmenistan;
- Chairman of the Mejlis;
- Chief Justice of the Supreme Court;
- Secretary of the State Security Council;
- Deputies of the Mejlis;
- Members of the Cabinet of Ministers;
- Authorized representative for human rights – Ombudsman;
- Attorney general;
- Minister of Adalat (Justice);
- Khyakims (governors) of velayats (provinces), etraps (districts) and cities;
- Chairmen of the halk maslahaty of velayats, etraps and cities;
- Archins (local council leaders) of cities and towns that are the administrative centers of etraps;
- Leaders of political parties, trade unions and other public associations;
- Members of the public, including elders, proposed by the halk maslahaty of the velayats and the city of Ashgabat.
The powers of the Halk Maslakhaty of Turkmenistan may include:
1) consideration and approval of proposals on the adoption of the Constitution of the country and constitutional laws, making amendments and additions to them;
2) consideration and approval of the main directions of the domestic and foreign policy of the state, as well as programs of political, economic, social and cultural development of the country;
3) listening to the annual Messages of the President of Turkmenistan;
4) consideration of issues of peace and security;
5) exercise of other powers provided for by the laws of Turkmenistan.
Organizational and technical support for the activities of the Halk Maslakhaty of Turkmenistan, its officials and members will be carried out by the Administration of the Halk Maslakhaty. In addition, entrusting the Administration of the Halk Maslakhaty with the organizational and methodological management of the activities of the Halk Maslakhaty of velayats, etraps and cities will have a positive impact on the more efficient work of local Halk Maslakhaty.
Meetings of the Halk Maslakhaty are convened as necessary, but at least once a year by its Chairman or at the suggestion of one third of the total number of members of the Halk Maslakhaty.
Ashgabat, January 11, 2023
* * *
The resolutions of the Halk Maslahaty, the Milli Gengesh, and the decree of the President of Turkmenistan, all of them issued on 11 January 2023, formalize the proposal and its various aspects including the formation of the constitutional committee.
Here is the unofficial translation of the entire text of these resolutions and the presidential decree for information and record.
Resolutions and Decree
Decree of the President of Turkmenistan
On holding a joint meeting of the chambers of the Milli Gengesh of Turkmenistan with the participation of members of the public
In order to discuss important issues related to state and public life with representatives of the public, following the wise precepts and noble principles of our valiant ancestors and relying on the historical experience of the Turkmen people in governing the state, further strengthening the boundaries achieved in the independent Motherland, the unity and solidarity of our people, to new heights of achievements in the development of national democracy in the era of the Revival of a new era of a powerful state, as well as in accordance with Article 80 1 of the Constitution of Turkmenistan , I decide:
- Hold a joint meeting of the chambers of the Milli Gengesh of Turkmenistan with the participation of members of the public on January 21, 2023 in the city of Ashgabat, at the Maslakhat Palace.
- Until January 16, 2023, the hyakimliks of the velayats and the city of Ashgabat submit for consideration by the Halk Maslakhaty of the Milli Gengesh of Turkmenistan a list of members of the public proposed to participate in a joint meeting of the chambers of the Milli Gengesh, based on proposals from local representative bodies, political parties and public associations.
- The Halk Maslakhaty and the Mejlis of the Milli Gengesh of Turkmenistan coordinate the work related to the preparation and holding of a joint meeting of the chambers of the Milli Gengesh of Turkmenistan with the participation of members of the public, provide organizational and methodological assistance to the khyakimliks of the velayats and the city of Ashgabat in this activity.
- Expenses associated with holding a joint meeting of the chambers of the Milli Gengesh of Turkmenistan with the participation of representatives of the public shall be financed in accordance with the legislation of Turkmenistan.
President of Turkmenistan, Serdar Berdimuhamedov.
Ashgabat, January 11, 2023.
Joint Resolution of the Halk Maslakhaty and the Mejlis of the Milli Gengesh of Turkmenistan
On issues related to the creation of the Halk Maslakhaty of Turkmenistan, the abolition of the Halk Maslakhaty Milli Gengesh of Turkmenistan and the reorganization of the representative body exercising legislative power into the Mejlis of Turkmenistan, consisting of one chamber
In order to prepare and generalize in the era of the Renaissance of the new era of a powerful state, proposals for amending and supplementing the Basic Law – the Constitution of Turkmenistan – in connection with the creation of the Halk Maslakhaty of Turkmenistan, the abolition of the Halk Maslakhaty Milli Gengesh of Turkmenistan and the reorganization of the representative body exercising legislative power in the Mejlis Turkmenistan, consisting of one chamber, it is decided:
- Following the national democratic principles and relying on the centuries-old practice of the Turkmen people in governing the state, guided by the noble traditions of the ancestors, to resolve the most significant political, economic and social issues with members of the public, holding national meetings, as well as in order to ensure the participation of the population and public associations in making serious decisions related to state and public life at a new historical stage in the development of independent neutral Turkmenistan, to come up with an important initiative to create the highest representative body of people’s power – the Halk Maslakhaty of Turkmenistan.
In this regard:
1) Appeal to the President of Turkmenistan with a proposal to abolish the Halk Maslakhaty Milli Gengesh of Turkmenistan and reorganize the representative body exercising legislative power into the Mejlis of Turkmenistan, consisting of one chamber;
2) Adopt the Resolution of the Halk Maslakhaty Milli Gengesh of Turkmenistan “On the establishment of the Constitutional Commission for the development and generalization of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan and the approval of its composition.”
3) Create a working group under the Constitutional Commission for the development and synthesis of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan to study and compile the proposals received on amendments to the Constitution of Turkmenistan.
Chairman of the Halk Maslakhaty of Milli Gengesh of Turkmenistan, Gurbanguly Berdimuhamedov,
Chairman of the Mejlis Milli Gengesh of Turkmenistan, Gulshat Mammedova.
Resolution of the Halk Maslakhaty Milli Gengesh of Turkmenistan
On the establishment of the Constitutional Commission for the development and synthesis of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan and the approval of its composition
Based on the accumulated rich historical experience in matters of national state building and administration, as well as in order to further improve, bring the system of public authorities in line with the requirements of the time in the era of the Renaissance of the new era of a powerful state, develop and summarize proposals for amending and supplementing the Basic Law – The Constitution of Turkmenistan – it is decided:
- Create a Constitutional Commission for the development and generalization of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan and approve its composition.
- The Constitutional Commission for the development and compilation of proposals in connection with the introduction of amendments and additions to the Constitution of Turkmenistan, specified in part one of this Resolution, to prepare and, in the prescribed manner, propose to the upcoming joint meeting with the participation of representatives of the public of the chambers of the Milli Gengesh of Turkmenistan drafts of the Constitutional Law of Turkmenistan “On amendments and additions to the Constitution of Turkmenistan” and the Constitutional Law of Turkmenistan “On the Halk Maslakhaty of Turkmenistan” for their consideration and adoption.
Chairman of the Halk Maslakhaty Milli Gengesh of Turkmenistan, Gurbanguly Berdimuhamedov. /// nCa, 12 January 2023