Home > 1.3 Free suffrage > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 27
 

Finally, the process of amending the Constitution should be marked by the highest levels of transparency and inclusiveness – in particular in cases where draft amendments, such as the current ones, propose extensive changes to key aspects of the Constitution, such as the roles of the highest court and the Constitutional Chamber, the functioning of the state institutions and the independence of the judiciary. In this context, it should be borne in mind that the Constitution itself, in its Article 52, specifically states that citizens shall have the right to “participate in the discussion and adoption of laws of republican and local significance”. Transparency, openness and inclusiveness, as well as adequate timeframes and conditions allowing for a variety of views and proper wide and substantive debates of controversial issues are key requirements of a democratic constitution-making process and help ensure that the text is adopted by society as a whole, and reflects the will of the people. Notably, these should involve political institutions, non-governmental organisations and citizens’ associations, academia, the media and the wider public; this includes proactively reaching out to persons or groups that would otherwise be marginalized, such as national minorities. It is thus recommended to ensure, in this and further attempts to amend the Constitution, that all relevant stakeholders, including non-parliamentary political parties, civil society, and the wider public, are aware of the proposed changes, and are included in various platforms of discussion on this topic; there should also be time for proper discussions, at all levels, on the proposed amendments. This will ensure that, once draft amendments are presented to the Jogorku Kenesh for adoption, they enjoy the widest support of the public.