nCa, Ashgabat, 22 Jul 2008 – Turkmenistan has decided to introduce some fundamental amendments to its constitution.
A session of the constitutional reforms commission of Turkmenistan, chaired Monday by President Gurbanguly Berdymuhammedov, decided to abolish the Khalk Maslahaty (People’s Council) – the highest legislative and deliberative body of Turkmenistan – and transfer its powers to the president and the parliament.
The system of electing provincial and district governors has also been terminated. Instead of being elected by people’s representatives, the governors would now be appointed directly by the president of Turkmenistan.
The amendments are “aimed at more efficient use of the capacity for democratization of the society and the state,” said President Berdymuhamedov in his opening remarks to the session.
Here is the list of the constitutional amendments approved by the commission:
- Khalk Maslahaty (People’s Council) will be abolished and its powers would be transferred to the president and the parliament (Mejlis).
- Private ownership of land and means of production will be strengthened through constitutional amendments.
- The revised version of the constitution will provide for economic development of Turkmenistan, transition to market economy, equal legal status of different forms of ownership and promotion of small and medium enterprises. Article 10 of the constitution will read, in part, “Turkmenistan is developing its economy, seeking to create market economy, based on private, state and different forms of ownership. The state encourages and supports entrepreneurship, promotes the development of small and medium business.”
- Every citizen will have the right to acquire and own living accommodations.
- The amended constitution will allow for opportunities for education on fee-basis. In addition to the chance for free education through government-owned institutions of learning, the amended constitution will probably allow for private or mixed public/private schools, colleges and universities. The article 39 of the constitution will be amended to read, in part, ‘on the basis and in accordance with the procedure established by law, to create paid educational institutions. . . . The state sets educational standards mandatory for all educational institutions.’
- The revised constitution will draw a clear line between the representative and executive bodies. Article 82 of the constitution will be amended to describe that the provincial, city, district and town governors would be appointed directly by the president of Turkmenistan and they would act as representatives of the president of Turkmenistan. Local bodies will no more have the power to appoint or remove governors at any level.
- Legal aid organizations will help strengthen the legal protection of the citizens. In addition to lawyers, other individuals and legal entities can provide assistance to the citizens.
- In order to ensure their impartiality and full devotion to justice, the prosecutors and judges will not be allowed to join or retain membership of any political party or any other public association with political objectives during the tenure of their office. Articles 102 and 114 of the constitution of Turkmenistan will be amended accordingly.