Richard Remias, Regional Director of ICNL in Central Asia
Developing the non-commercial sector has become as growing priority for countries of the Central Asian region. The non-commercial sector, generally consisting of non-profits or “NGOs”, is vital to overall economic and democratic development. Although international trends demonstrate that NGOs play a key role in a developing a nation’s economy and democracy, NIS countries are cautious with NGO law reform and lag in its development. Last Thursday, Kyrgyzstan set itself apart by adopting a modem and comprehensive law on NGOs - “On Non-Commercial Organizations”.
The new law abandons the Soviet system of regulation of non-commercial entities. The existing law “On Public Associations’”, with its out-of-date provisions related to compelled registration and geographical limitations on activities, will no longer be applied to NGOs. The new NGO law allows to significantly reduce the costs for creation, registration and regulation of all NGOs (both locally and regionally within Kyrgyzstan).
This long awaited law has been more than two years in the making and during that time, has continued to be a source of debate and discussion among deputies, NGOs and the international community. The draft law was finally passed by Parliament last Spring, only to be vetoed by the President on technical grounds in July. On October 1st, deputies of Parliament addressed the President’s objections and sent it back to his desk for signature. Amid tense political developments and forthcoming elections, the law’s passage was in question. The initial veto warranted speculation that the law would be put off until after 2000. However, on October 15th, President Akaev finally affirmed his administration’s commitment to NGO law reform by signing this new piece of legislation.
Over the course of two years, the law gained considerable attention. The initiative began in 1998 with an official working group of deputies who combined competing NGO law initiatives into a single draft NGO law. This was done with assistance from the International Center for Not-for-Profit Law (ICNL) and local attorney, Mirgul Smanilieva (President of the Kyrgyzstan Lawyers Association). The drafters also actively sought the input from local NGOs and assistance from international organizations (such as USAID sponsored NDI).
Although the collective effort on this particular draft was unprecendented, the history of the draft was not free of controversy. Many human rights organizations criticized the draft for not providing distinct advantages to NGOs. Meanwhile, the government was seemingly concerned with the potential for political factions to use the new law to subvert the distinct laws governing political movements - a growing concern to Kyrgyz authorities. Despite these adversities, the draft law was continually modified by its drafters into an acceptable form and eventually passed by Parliament and President.
Of primary importance are the changes under the new law - a series of progressive provisions that alter the legal and regulatory environment for NGOs and non-profit entities. Although the law’s effectiveness really depends on its implementation by government authorities, the law itself may be the most progressive of its kind in the entire NIS.
In general, the new law establishes a solid organizational-legal basis for the creation of non-profits. In this respect, this new law potentially strengthens the status of all non-commercial organizations, and establishes their clear distinction from commercial organizations. The new NGO law also clearly defines the legal status of the organizational-legal forms of legal entities or NGOs (associations, foundations and institutions). Certain organizational legal forms, such as property-based foundations, were previously non-existent in the legislation. It will also be possible to create these foundations by testamentary act. Also, the specifics of governing structures and control issues within a foundation will be clarified (i.e. creation and powers of Board of Directors and Advisory Councils).
However, passage of the law does not make NGO law reform complete. Much still depends on the government authorities (ministries) that must implement the new NGO law. Narrow interpretations and potential tightening of regulations may occur in the form of follow-up instructions - a move which may threaten the law’s utility. At least for now, the initial step by the parliament to enact contemporary NGO legislation is time-tested and Presidentially approved. It only remains to be seen whether the government can fallow-through with this initial progress.
Representatives of parties and movements close to the president were the big winners in the last election. The authorities tried to show that the election would be democratic. They permitted ten parties and hundreds of opposition candidates), but it was just a pretence. However, according to the Kazakh Service of Radio “Liberty” (KSRL), this proved that the authorities considered the opposition as a threat.
Today’s Globe offers the KSRL information below.
Last week was one more ordeal for both Kazakhstan and its population. These seven days left heavy marks in national history, which would be noticeable for seven years. The second round of the election was marked by fraud in which the local Akimats actively participated. Second, the fall of the [second] Russian Proton again endangered life and health.
The last Parliamentary election proved that it had not been conducted for the population, but for OSCE and other observers. By this election with the participation of ‘different political parties’ official Astana wished to raise the international legitimacy of the country which recently slumped. National authorities were not going to hold an honest democratic election. Just the opposite. Calculation of votes after both rounds and a show which was hardly similar to an election, proved the real attitude of the authorities toward observers from different parties and OSCE.
Parties loyal to the present authorities won 37 seats in the Mazhilis and 8 seats by the parties’ list. In single member districts Otan candidates, Civil Party and the so-called ‘toy’ Agricultural Party received 29 of 67 seats. Nineteen Otan members won in single member districts, and party slate candidates won in four districts. Ten members of the Civil Party won in districts, and two by party slates. The Agricultural Party established by Karibzhanov when he was the Minister of Agriculture received 2 seats for its leaders Madinov and Chalyshev by the party slate. The President’s advisor Karibzhanov and Madinov, Balgimbaev’s former advisor, are friends from childhood. Both of them were born and lived in the Omsk region.
Among the opposition forces only Communists managed to occupy 3 seats, including 2 by slate and Valery Zemlyanov in a single member district. Neither any RPPK member nor representatives of other opposition forces could enter the new Parliament.
Despite this, the opposition was not defeated. First, by serious violations of the rules and by fraud and by doing everything to impede the opposition, the authorities proved that the opposition is a real threat to them. Second, very strong and promising persons established themselves in the opposition. Now the merged opposition is a stronger force. The Forum of democratic forces held last week proved this. Yes, the authorities won the election. But despite the official opinion, the opposition did not lose. It was the Kazakhstan population that lost. Before the election, on October 8 Nazarbaev said: “the election legislation changed greatly. As a result, different parties will participate in the election. The population has a chance to make a right choice. To make the election compliant with the international standards we closely co-operate with international organisations. Local Akimats should not interfere in the work of election commissions. There is no single political party in Kazakhstan. All 9 parties will participate in the election under equal conditions.”
Voters, who believed to the President, made a serious mistake.
31.10.99
THE GLOBE based on materials of the Kazakh Service
of Radio “Liberty”
(Translated from Kazakh by THE GLOBE)
According to news media, Islamic extremists left the Kyrgyzstan territory. But an authorised commander of the United Tajik Opposition who participated in negotiations with leaders of the Islamic Party of Uzbekistan’s Rebirth said, extremists would continue the attack in the next spring.
Kuanysh ZHUMANGAZINOV
ALMATY, Nov 1
(THE GLOBE)
On October 27 the joint exercises of the Russian Kazakhstani, Uzbekistani, Kyrgyzstani and Tajikistani armies started in Bishkek. Within a week officers of the general head quarters of these countries should work out collective measures to liquidate bands that invaded Kyrgyzstani territory.
The exercises were caused by the insufficiency of the Kyrgyz army, which was long ago known in the military circles, but became obvious after the Batken events. The Kyrgyzstani ambassador to Astana said, “I do not agree that the Kyrgyz army is insufficient. The Kyrgyz army controls the situation and is able to fulfil the task. Another thing is our soldiers were not trained to fight in mountains.”
Kyrgyzstan is short of service men, according to the chief military expert Leonid Bondarts. Officers who were not paid left the army, and the country does not possess an educational base to prepare new servicemen. Kyrgyz officers are trained at military colleges in Russia and in some western countries.
Military sciences of other states do not take into consideration peculiarities of Kyrgyzstan. The difficult condition of officers and warrant officers led to a growing resentment and mass resignation. Having resigned from the Kyrgyz army, officers and warrant officers wish to register for pensions in other republics, where the size of pension is several times higher than their salary in the army.
In general, the problem of security is urgent not only for Kyrgyzstan, but also for all Central Asian countries. According to the conclusion of American experts of the Washington Centre of Strategic and International Research (www.bizlink.ru/data/duel/98/9/16.htm), all five states of Central Asia managed to create their own armies but they are not able to fulfil the main task – to guarantee national security.
In early 1999, long before the Batken events, Leonid Bondarets, the chief expert on military issues of the International Institute of Strategic Research subordinate to the Kyrgyz President talked about the low state of preparedness of the Kyrgyz army. He said that due to a small army, low efficiency, weak ammunition and insufficient mobilisation potential, the army was not able to guarantee the country’s security.
The group of Islamic fundamentalists made the international reputation of Kyrgyzstan questionable. They defied the total region. The Uzbek army is considered the best one in Central Asia. Despite this Islamic extremists are going to invade Uzbekistan namely to overthrow Islam Karimov. Extremists wish to demonstrate that no country is able to stop their groups.
Present army of Kyrgyzstan is just a splinter of the Soviet army
Having appeared as an independent state in 1991, Kyrgyzstan undertook to guarantee its own security. Initially the authorities of the country perceived the establishment of the army as an obligation of the state system.
According to the Decree of the Kyrgyz President dated May 29, 1992, divisions of the Soviet army dislocated in the republic were considered under jurisdiction of Kyrgyzstan. Responsibilities fpr maintenance and development of the army were determined by the Military-Defence conception of Kyrgyzstan and fixed by the Law on defence.
The activity on strengthening the defence of the country was limited by boundaries on the number of the army divisions. The organisational structure of the army was slightly changed, mainly to decrease the number of servicemen. According to OSCE report for 1996, the number of the Kyrgyz army was 14,000 persons. (The Economist, 1996).
At the present, the structure of the Defence Ministry, and its provision with communication devices does not allow efficient control. The result was that the military leaders could not manage a small group of gunmen in Batken.
The Kyrgyz army remains a splinter of the Soviet army. In fact, the composition and deployment of the army (at least before the Batken events) complied with composition and deployment of the army before 1991, according to the data of the General Headquarter of the Soviet Defence Ministry.
Kyrgyzs learn to fight
Kyrgyzstan is located in the Tien Shan mountains, the biggest mountain chain in Central Asia. (The Pobeda peak is 7439 m). The relief of the republic is characterised by high mountains and inter-mountain hollows connected by narrow canyons. Despite these characteristic geographical peculiarities, the Kyrgyz army is still oriented to the valley theatre of war.
According to information by the press service of the Kazakhstani Defence Ministry which has not been confirmed, after the Betken story the military authorities of Kazakhstan organised exercises for Kyrgyz soldiers. The exercises were held in the specially equipped polygon in Otrar. The general-lieutenant Bakhytzhan Yertaev monitored the exercises. Kazakhstani servicemen taught their colleagues to shoot correctly and war tactics.
All Over the Globe is published by IPA House.
© 1998 IPA House. All Rights Reserved.