On 25 September at the session of the Khalk Maslakhaty (the People’s Council) President Gurbanguly Berdymukhammedov put forward a proposal to combine the Council and the existing Majlis (Parliament) into a unified two-chamber representative body.
“Chronicles of Turkmenistan” has asked experts to comment on the unexpected idea proposed by the head of state.
Editor-in-chief of the media outlet “Gundogar” Bairam Shikhmuradov was quoted as saying: This move was most unexpected as this decision is absolutely meaningless and illogical. But, if the President has articulated this idea, it means that it will most likely be adopted.
I see no common sense in this.A second chamber is usually needed to balance the representation.For instance, with the help of a two-chamber Parliament federal states ensure proportional representation of the population of a certain region, regardless of whether it is big or small.
However, this has nothing to do with Turkmenistan.Statements by Berdymukhammedov that such a structure will help better control the execution of laws is just chit-chat as it is not supposed to work like this.
During all the years of independence the Turkmen Majlis performed exclusively a decorative function and the fact whether Parliament has one or two chambers will change nothing.
The main question is in what format the Khalk Maslakhaty will be united with the Majlis.In its existing form the Council cannot become a part of the legislative body as it is mainly made up of representatives of the executive branch the President, members of the Cabinet of Ministers, officials from the Supreme Court and the public prosecutor’s office, who in no way can be members of the legislature.
For this reason the People’s Council as it is today will be abolished and reinstated in another form. It is most likely that the members will be elected by local Councils.
It is hard to say why the President needs the second chamber.Turkmenistan is a small unitary state with a small population and there is no need for a two-chamber Parliament.
The two-chamber Parliament in itself is not an indication that its democracy is well-developed.For instance, neighbouring Tajikistan and Uzbekistan have two-chamber parliaments whereas much more democratic Kyrgyzstan has a one-chamber Parliament.
Moreover, an oversized Parliament results in additional expenses to provide for the administration of another, obviously, the upper chamber.
What really matters is the fact that the Constitution stands in Berdymukhammedov’s way and he seeks to make new amendments to it.Since Turkmenistan is a super-presidential republic’ [the form of government which declares the principle of separation of powers but observes it only externally and in fact the power is predominately concentrated in the hands of the President and the administrative institution subordinate to him Wiki], it is of significance what specific bylaws and regulations pertaining directly to the presidential power will be amended and supplemented.
For instance, pursuant to the Constitution, in case the President fails to perform his responsibilities for some reason, his powers will be handed over to the chairperson of the Majlis.
Berdymukhammedov seized power after Niyazov’s death by taking advantage of this clause.In December 2006 the Constitution was amended and instead of handing over Presidential power to the Parliament’s Chairperson, the Constitution was revised and power was handed over to Berdymukhammedov as Deputy Prime Minister [pursuant to the 2006 Constitution, Deputy Chairperson of Turkmenistan’s Cabinet of Minister is appointed acting President of Turkmenistan.
It is not specified which Deputy Prime Minister is appointed -comment by “Chronicles of Turkmenistan”].The clause pursuant to which acting President is not entitled to run for office was abolished.
However, after Berdymukhammedov came to power, this clause was amended again in the Constitution and this loophole, which he used to become the President himself, was blocked.
It appears that this provision will be amended yet again. It is most likely that under a two-chamber Parliament Presidential power will be handed to the chairperson of the upper chamber, i.e. the renewed Khalk Maslakhaty in case the head of state fails to perform his functions.
Chairman of Turkmenistan’s Republican Party Nurmukhammed Khanamov (in exile):
I think the President rather than Turkmenistan needs the two-chamber Parliament.It should be emphasized that during the session of the Khalk Maslakhaty which was recently held, no key issues were on the agenda.
The economic slump, a shortage of groceries, unemployment and other burning issues were left aside.I t is most likely that Berdymukhammedov came up with the idea of the two-chamber Parliament after reshuffles in Kazakhstan’s administration, and intends to transfer power following Kazakhstan’s example.
It seems to me that the President will unite all agencies and authority in the new chamber, including the Security Council, in order to head this body in the future.
He will hand over his post to someone from his immediate environment, most likely his son.
Chairperson of “the Turkmen Initiative for Human Rights” Farid Tukhbatullin:
I believe that under the right approach the two-chamber Parliament might be useful to Turkmenistan to address the escalating intertribal problems, let alone for representatives of ethnic minorities who are represented neither in the Parliament nor in the People’s Council.
Regions must be mandatorily represented both territorially and nationally.Unlike a unicameral parliament, which envisages the elections based on party lists, regardless of the region, a certain number of seats must be represented from each region in the two-chamber Parliament, for instance, depending on the population.
Velayats might elect their representatives at regional elections.
There have been quite a few “democratic” changes in the Constitution but no progress has been recorded.One can only guess what the two-chamber Parliament will imply this time.
It appears that the post of Deputy Prime Minister who might occupy the position of head of state may be introduced for Berdymukhammedov’s son, in case the President is considered incapable.