Administrative reforms in Kyrgyzstan: problems and perspectives
(Askat Dukenbayev, lecturer, American University in Kyrgyzstan)

1. The Kyrgyz Republic: General Information 

The reality of the public administration of any country can be understood only by carefully examining the geographical, historical and political framework that shapes the public administration. Therefore, it is necessary to start the consideration of out topic with the brief description of the geographical environment and previous historical development of Kyrgyzstan.
 
a) Location and Geography 
The Kyrgyz Republic is situated in the centre of Central Asia region, occupying part of the Tien-Shan and northern ranges of the Pamir mountains. From three sides: north, west and south, it borders with the republics of the former USSR - Republic of Kazakhstan (1,113 km), Republic of Uzbekistan (1,374 km) and Republic of Tadjikistan (972 km), and on the east and south-east - with the People’s Republic of China (1,049 km). The total area of the Kyrgyz Republic is 198.500 sq.kms. 

The Kyrgyz Republic is a mountainous country. 94,2% of its territory is situated 1,000 m above sea level and 40,8% of its territory - 3,000 m above sea level. The wide range of absolute heights, complex relief, protracted geologic development of the country and other factors resulted in the variety of natural conditions and the richness of natural resources. All natural zones, characteristic of northern hemisphere, except for tropical zone, can be encountered on the territory of the Republic.

Kyrgyzstan population of January 1, 1995 was 4,476 thousand people. More than 70 nationalities live in the Kyrgyz Republic: Kyrgyz (58,6%), Russian (17,1%), Uzbeks (13,8%), Ukranians (1,8%), Tatars (1.3%), the Germans (0,8%) and others.

The capital of the country is Bishkek (about 700 000 people).

The basic territorial units in the Kyrgyzstan are oblasts (regions), raions (districts), cities and villages (ails). 

b) Brief History of Kyrgyzstan.
Although the first written evidence of Kyrgyz appeared in 201 B.C. in Chinese chronicles, the ancient history of Kyrgyz people mainly is connected with the first Kyrgyz state («Kyrgyz Khanate») formed in the 4th-5th centuries A.D. along the Enisey river of Southern Siberia. According to the historical records, in the period of «Great Power» (9th-10th centuries A.D.) the Kyrgyz Khanate, the boundaries of which extended from the Lake Baikal to the Irtish River and from the present Krasnoyarsk City to the Great Chinese Wall, encompassed many non-Kyrgyz nations. The empire, however, did not last long: by 13th century the state splintered into a number of feudal estates that were conquered by Chengiz Khan in 1207. The Enisey Kyrgyz state was completely destroyed by 1293.

In 14th-15th century the Kyrgyz tribes moved to the western Mongolia and eastern Turkestan. It is believed that by the 16th century, the Kyrgyz nationality came into full existence in its modern form within present borders of the Kyrgyz Republic.

From the middle of the 19th century, with the Russian conquest of Turkestan, the Kyrgyz tribes were also gradually incorporated into the Russian empire (in 1855-1876 some Kyrgyz tribes entered the empire voluntarily, the rest were taken by force).  

On the whole, in spite of some negative moments, the incorporation to the Russian Empire had a great progressive influence on the social and economical development of the Kyrgyz tribes; some tribes in the northern part of Kyrgyzstan began to turn away from nomadic way of living, the tribes in the south of the country were already engaged in land cultivation. At the same time, an attempt to form an independent Kyrgyz state was put down and the Kyrgyz remained part of the Russian empire.

After the 1917 October revolution a new stage in the historical development of Kyrgyz began. Recent history has recorded the end of the reign of communism, but for underdeveloped countries at a certain historical moment, it offered a constructive historical alternative to colonial backwardness and an opportunity for social, economic and political development.

The territory of the present Kyrgyz republic was subsumed in the Turkistan Autonomous Republic of post-revolution Russia. In 1924 borders were drawn that separated the Central Asian Republics and the territory of the present Kyrgyz Republic became the Kara-Kyrgyz Autonomous region with a local political, administrative and Communist party organisation. In 1926 it was transformed into Kyrgyz Autonomous Soviet Socialist Republic with a local government an independent (relatively) party organisation. The government was subordinate to the regional government in Tashkent. On the basis of the new constitution of the USSR, in 1936 the region became the Kyrgyz Soviet Socialist Republic with a status equal to that of the Russian Soviet Federate Socialist Republic. 

In the years of Soviet power, the social, economic and political situation in Kyrgyzstan  changed radically. Industry, construction, transportation, communication and trade industries were established. Agriculture diversified and sedentary farming and irrigation were introduced. At the same time, illiteracy and many diseases were eradicated. Skilled workers and intellectuals emerged. A network of secondary schools and higher educational institutions were built, in addition to health service institutions. Science, literature and culture were developing. Life in the soviet Kyrgyzstan began to acquire the shape and essence of modern civilisation. On the whole, living standarts improved during the years of Soviet rule. 
 
As a result of the disintegration of the USSR, an independent sovereign state - Republic of Kyrgyzstan - was proclaimed by the Declaration of Sovereignty on August 31, 1991. On may 5, 1993 the new Constitution declared a new name of the state - the Kyrgyz Republic. Now 

Kyrgyzstan is on a period of integrating into the world community as a developing country and trying to build a real democratic state with a market economy.

2. Political and Administrative Reforms in the Kyrgyz Republic in 1991-1996

In broad sense, the administrative reform that shapes the present government structure of the Kyrgyzstan has started since 1989-90, during the last years of the USSR, when the constitutionally recognised principle of the Communist Party’s monopoly to rule was abolished (1989-?) and the post of the president of Kyrgyzstan was introduced (October, 1990). 

It were the first steps in political and administrative reforms in the USSR as well as in Kyrgyzstan. Certainly, these reforms had rather political then practical nature, because the administration in Kyrgyzstan was one-party administration and there were not the separation between administration and politics, between the course of Communist Party and the course of state (public) administration in the USSR. Every field of the public (state) administration was regarded as a «sphere of interests» of the Communist Party, as a subject of Party’s concern and a channel for the propaganda of the Party political course and the directives of the top leadership, mainly consisted of the members of Politburo.

Nevertheless, these two first steps had an important influence on the shaping the contemporary political and administrative structure of the present Kyrgyzstan.
 
The next step in the administrative reform in Kyrgyzstan was taken in August 31, 1991, when the parliament proclaimed Kyrgyzstan as an independent, democratic state with its own constitution and an indivisible and independent territory. This stage was ended in May 1993, when the new Constitution of the Kyrgyz Republic was adopted. The first Constitution of the Kyrgyz Republic fixed the following commonly recognised democratic principles of the political power:
- separation of powers into legislative, executive and judicial branches;
- general election of the President as head of the state;
- division of state power and local self-government.

After some amendments which was introduced into the Constitution in 1995-96, the present political and administrative structure of the Kyrgyz Republic is as follows: 
 
The legislative power is executed by Jogorku Kenesh (Parliament), which consists of the continuous Legislative Assembly consisting of 35 members (deputies)  and Assembly of People’s Representatives consisting of 70 members (deputies) and working on session basis. So, the members of Legislative Assembly work on the professional basis, as the members of Assembly of People’s Representatives work periodically.

Besides regular legislative functions,  the Jogorku Kenesh (parliament) of Kyrgyz Republic is empowered to introduce changes and amendments to the Constitution, define the general direction of internal and foreign policy, approve the budget of the republic and the report on its execution and form subordinate organs.

The executive power is implemented by the Government and local state administration. The government head - the Prime-Minister - is appointed by the president with the consent of Jogorku Kenesh and he controls the works of the Government. Included in the Government, besides Prime-ministers, are Vice-Prime-Ministers, Ministers and the Chairman of republican State Committees. The Government has the right to decide all issues of government administration, except in jurisdiction allocated to the Jogorku Kenesh and President by the Constitution.

Local executive authority in districts, regions and cities is carried out by local state administrative directed by corresponding chief administrators. 

Local state administration is a new type of executive power which, according to the procedure of its formation, the principle of its activities implementation, is defined as independent power within the corresponding territory and as supreme executive body on its territory. Heads of region state administrations and of Bishkek city are appointed by the president according to proposal of the prime-minister and with the consent of corresponding local Kenesh (local representative organ).

Executive power in villages is need by the chairman of the local town or village council. Chairmen of aiyl (Kyrgyz village) and settlement Kenesh are the heads of local self-governing and they execute functions of local state administration.

There are 5,655 deputies in the composition of local Kenesh. On average, there are 12-13 deputies in village Kenesh, and 19-21 deputies in city Kenesh. The most numerous local kenesh - 32 deputies, is the capital (Bishkek).

Judicial authority is held by the Constitutional Court, Supreme Court and Supreme Arbitration Court, courts and lawyers of the judicial system.

The separate topic of discussion is the political role of the President (elected for a five-year term of office) in the country. According to the Constitution, «the President  ensures the state's unity, the stability of the constitutional system, acts as the protector of the Constitution and laws regarding citizens' laws and rights, and provides for coordinated functioning and interaction of government bodies». On the practice it means that, in spite of the constitutionally declared principle of the separation of political power, the President remains as the most powerful political and administrative institution of the state, with a great and significant influence on the decisions of the Parliament, Government and even the Courts. This gives the president and his staff a strategic role and tools to implement economic, political and social reform. In any case, the place of the president of the Kyrgyzstan within the system of separation of powers into legislative, executive and judicial branches is still discussed. 

	

3. Administrative Reform Efforts in Kyrgyzstan since 1996: achievements, problems and perspectives.

a) Administrative Reform Strategy in Kyrgyzstan

On becoming an independent state, Kyrgyzstan mainly paid considerable attention to the solution of political, economic and social problems. During all these time the country has faced the serious challenges of creating appropriate public structures and determining new political and economic policies and practices until it has become clear that not a single reform can be successfully developed without thoughtful and competent public administration. 

In February of year 1996 there were indications of the beginning the new stage in the administrative reform in Kyrgyzstan, particularly expressed in the address by President Askar Akaev to the parliament on  the role of bureaucracy. On July 14 of 1996 the President issued the Decree «On State Service in the Kyrgyz Republic» which outlined the main legal features of the civil service in Kyrgyzstan. Later, in November 1996 in his address to the joint session of the Jogorku Kenesh he stated that «the structural improvement of Government and the central organs of executive power should give a powerful impulse to better quality and efficiency of the Government’s performance. ...Alongside with organisational changes of executive power at the central level, local government needs also to be reorganised».

In October 1996 the process of reorganisation and downsizing the central government was occurred when the central government, in search of its optimal model, was downsized from 21 ministries to 15 and five state agencies were dissolved and two new ones were created and the Cabinet now has only three vice-PMs instead of six earlier; this reorganisation, according to the official statements, provided for 30% reduction of staff in the President’s office, 20% reduction of staff in Premier-Minister’s office and 10% at the local administration level.

Simultaneously, new efforts in the reforming the local government and establishing local self-government organs were started.

And, as it was declared, the objective of the public administration reform was to change the government structure in accordance with the principles of governance and democracy, rule of law and market economy. This requires a radical change in the mandate and functions of the state agencies, their structure and their inter-relations. Consequently, the ultimate objectives of the administrative reform in Kyrgyzstan initiated in 1996 were declared as follows:  
- increasing quality and efficiency in the State Apparatus;
- fostering economic development during transition period;
- bringing State government in conformity with economic transformations taking place in the country.

It is believed, that reorganised Kyrgyz  Government should be able to: 
•	conduct continuous in-depth public policy analysis and evaluation in major policy areas;
•	prepare sets of specific public policies in respective areas, with alternatives as required;
•	prepare and work out policy implementation procedures and monitoring as appropriate;
•	organise implementation procedures on the basis of co-operation and clear delineation of administrative responsibilities between agencies to avoid duplication and overlapping;
•	provide for constant revision and simplification of implementation procedures;
•	access the results of the policies and introduce changes in existing policies or procedures as required;
•	constantly adapt the evaluation criteria to the environment and establish an alternative process for policy improvements.

After examination of various options, the following basic elements of the administrative reform strategy in Kyrgyzstan were worked out:

First element: the strengthening of the organisational and functional capacity of the President’s office to design and supervise the implementation of administrative reform. (Consequently, the Department of Reformation of State Service under the President’s Office in March, 1996 was established). 

The second element: the development of public administration education and training institutions. University undergraduate programmes should stress knowledge-based practical learning in the main functional management areas. Increasing emphasis should be given to Master’s level programmes in public administration at faculties that are specialised in other substantive areas. (According to this strategy, on March, 1996 the Academy of State Management under the President’s Office was established by the Decree of the President of Kyrgyzstan. With this Academy as a focal point and a centre of excellence, a network of the other institution which deal with the public administration education should be developed. By mid-1998 the following institutions were established: High School of Public Administration under the International University of Kyrgyzstan; the Educational Centre «Strategic Research of Public Administration and Political Sciences» under the Kyrgyz State National University; the number of such departments were also established under the other universities of Kyrgyzstan).   

The third element of the strategy is a set of national programme to develop: (a) core public management faculty teams; (b) local case studies, relevant teaching materials, and «action learning» materials; (c) mechanisms for involving clients in shaping training programmes; (d) management consulting agencies, firms and management associations; (e) national forum funds and agenda for management research; and (f) a comprehensive training strategy which would combine well-organised in-country training with fellowships, study tours and orientation programmes to expose policy makers and leaders to successful administrative reforms and models of managerial excellence.

The fourth element is to improve the public administration environment. Improvements in overall public policies and systems would be critical for sustainable progress in transition. Administrative reform and management development lead to widespread improvements in the management of scarce national human and institutional resources. 

One of the key problem in the administrative reform in Kyrgyzstan is the absence of the general legal framework for contemporary and efficient public administration. The new Civil Service Bill has passed just its first reading in the parliament. It is necessary to draft the number of new laws (i.e., Law on General Adminisrative procedure, the Municipal Law etc.) which would establish the legal framework for the new public administration.

The first years of reforms have demonstrated that standards of professional ability are serious constraint on the progress of the economic reforms. Therefore, the other key problem in the public administration of Kyrgyzstan is the absence of the modern and qualified civil service system. As above mentioned, the new Civil Service Bill has passed just its first reading in the parliament. The current system of civil servants’ promotion and their social and legal protection does not promote improvements in their professional skills. In the period 1991 to 1996 a mere 16 percent of civil servants took short-term (i.e., lasting one month) on-the-job training; only 3.4 percent were from the central level of Government. In some sectors the situation with regard to the professional standard of top officials and executives is nothing short of disastrous. In the current instability resulting from the rapid changes in the society, staff turnovers are high.

Among the other significant problems which faced the public administration reform in Kyrgyzstan is the corruption. On December 11, 1998 President of the Kyrgyz Republic Askar Akayev met with leaders of the ministries of law enforcement, customs inspection and controlling departments to discuss issues related to fighting economic crime and corruption. On the were present general prosecutor of Kyrgyzstan, Minister of National security, Minister of Internal Affairs, State Customs Inspection Director, State Inspection and Standardization Director, National Statistic Committee First Deputy Chairman and head of the Defense and Security Department of the President’s Office. At the meeting President Akayev, recognizing the seriousness of the present situation, took personal control to implement measures quickly. On December 14th, the President signed a decree, «Additional Measures on Fighting Against Corruption», to establish a Coordination Council comprised of leaders from the law enforcement ministries and departments. General Prosecutor of Kyrgyzstan A.Sharshenaliev was appointed chairman of the council. At a press-conference, Minister of Internal Affairs of Kyrgyzstan O.Kutuev elaborated on the detention and arrest of the two deputy ministers of finance, deputy minister of ecology and deputy minister of industry. All are under detention and accused of abusing their positions, embezzling and taking bribes. After reviewing the case, the General Prosecutor approved warrants to arrest the aforementioned individuals.

Referring to the levels of the public administration in Kyrgyzstan, we can describe the following problems and perspectives of the public administration reform in Kyrgyzstan: 

1) The first (top) level:  Analysis of the President’s Office internal structure, mandate and jurisdiction and the Prime-Minister’s Cabinet and its Secretariat and their functions and responsibilities shows some overlapping and duplication in areas under their control. 

The implementation of President’s decrees and Government orders is not usually monitored and the causes of failure to implement them are usually not identified. Lack of discipline in execution by Government officials is an infringement of law, but sanctions are rare. Those conditions create a favourable environment for corruption and abuse of power. Sometimes, the rights and lawful interests of citizens are violated. Government executives and officials are slow in addressing social problems, blaming the lack of funds.

The functions and mandated of all central agencies need to be analysed and some of them need to be re-assigned and clear distinctions between their mandates and authority established. There should be a distinction between the line and staff departments.

Many functions of executive agencies and organs be moved out and transferred to other specialised consultative structures or NGOs.

2) The second (middle) level: structural and functional analysis of ministries, agencies and other government units shows the following:
•	the functions of the ministries and agencies often overlap that leads to failure to settle disputes between the ministries, or urgent issues are frequently deadlocked due to continuing disputes and bickering between ministries;
•	despite substantial differences in structure and organisation of various ministries, they do not demonstrate efficient performance.

As it is suggested, to enhance co-operation and simplify the Government structure, instead of the 16 existing ministries, those jurisdictions should be concentrated within a smaller number of agencies:
1. 	Macro-economic co-ordination, economy, finance, budget, international and domestic trade, planning, consumption (social-economic issues);
2. 	Social sector: social safety net, education, health, family, old age people, invalids, labour, employment, and vocational training, youth, sports, and culture;
3. 	Agriculture and environmental protection, industry;
4. 	Information technologies and communications, transports;
5. 	Judiciary;
6. 	Internal affairs, regions, upgrading the systems of civil service;
7. 	Foreign affairs, defence, international relations and co-operation, international cultural relations.

3) The third (regional) level: the next level of the public administration of Kyrgyzstan is the regional akimiat (regional state administration) as the most important level of the public administration for two reasons: first, it is headed by the governor - a government executive with specific powers based on direct appointment by the President; second, a specific system of services has been formed within the regional akimiat.    
In general, the role of the regional akimiat is to represent state authority in the region. In order to fulfill this task, the governor has considerable powers which can be classified as follows:
1.Political powers: The regional akimiat represents central Government in the region. It should keep the Government informed of the political situation in the region. For this, there is a «general information» service under the governor to monitor all events in the region. The information work becomes especially active on the eve of and during elections. Also it should conduct Government business through its influence on the local elected bodies and public opinion.
2.Administrative powers: As head of the whole system of Government at this level, the Governor would:
•	supervise the implementation of laws, decrees and ordinances of Government by the central administration of the Kyrgyz Republic in the region;
•	ensure the maintenance of order in the region;
•	exercise administrative control of the district akimiats; 
•	implement the measures stipulated by the central government in the economic and social sectors.

Hovever, the status and powers of the regional governor have not been clearly defined. The main feature of the status of the Governor is that the position is totally dependent on the Government, since the review and approval of the regional budget revenues and expenditures items in the national budget depend on the central administration. The functions of organisation and co-ordination of work at the regional level are realised after basic decisions have been made by the central administration (legal regulation, planning, allocation).

The regional level, having objectively no package of functions of its own, either duplicates the central administration functions, or those of the districts, and its authority would depend on not so much on the objective allocation of functions as on the personality of the region’s head.

To make the administrative mechanism more efficient, it is suggested to: 
1. 	clearly define the powers and responsibilities of the governor, and the relations with the central, regional and district administrations; 
2. 	delegate mandates which are easier to interpret and execute at the lower level (proximity, involvement and other reasons) to the district akimiats, and local self-government bodies;
3. 	some functions could be allocated to the self-financing organisations.

The fourth (district) level: The district governor - akim, has the following authority:
•	implement the measures in the economic and social sectors that are stipulated by the central government, interpret the decisions of central authorities;
•	perform various administrative functions;
•	exercise administrative control of the local entities on the territory of the district.

Analysis of tasks and functions of the districts akimiat (the district state administration) shows a certain degree of duplication of the regional akimiat and local self-government authority. It is necessary to re-define the authority of the regional and district akimiats, and their common authority.

The fifth (local) level: In the hierarchy of public administration a key role is played by local self-government since the Law «On Local self-government» stipulates that it is in charge of all issues of concern to local population affecting their daily life.

Financial authority of the local self-government bodies: Each year the local representative organ - kenesh - approves the basic budget. On the basis of the budget, the local kenesh can control some activities covered by it in its area. In addition, local self-government has also some administrative responsibilities.

In conclusion, I would like to make some notes on the general environment for the public administration reform in Kyrgyzstan.  

In Kyrgyzstan many environmental factors within the public administration are not conducive to managerial development and improved performance. A few could be mentioned: the centralisation of authority, buttressed by a complex and sometimes contradictory mix of procedures and regulations, somewhat unclear civil service policies and rather mechanistic monitoring systems. 

Except for the highest level of power (supported by relatively few capable and determined civil servants scattered throughout the civil service) there is still limited willingness or capacity for organisational change.

Generally speaking, the management change in Kyrgyzstan is a very complex process. Old styles based on an omnipotent central authority and lack of initiative stubbornly persist and this behaviour is widely accepted. 
 
Fortunatly, the Kyrgyz educational system is basically  good, inter-group co-operation is satisfactory, ethnic tensions are low and most public servants are open and tolerant. Therefore, better understanding of and reliance on cultural and educational strength could accelerate the process of change.

R e f e r e n c e s:

1. 	Ashirkulov, M.A. The Role of the Academy of Managemnt in the Strategy fir Training and Retraining Civil Servants. Procedings of the Conference Public Sector Management, 4-6 June, 1997, Issyk-Kul, Kyrgyzstan

2. 	Askar Akayev. Kyrgyzstan on the Way to Progress and Democracy. Bishkek, 1995

3. 	Kavran D. Strategy for Public Management Development. Procedings of the Conference Public Sector Management, 4-6 June, 1997, Issyk-Kul, Kyrgyzstan

4. 	Kavran D., Ojukeeva T.O. Governance Structure in Transformation. Procedings of the Conference Public Sector Management, 4-6 June, 1997, Issyk-Kul, Kyrgyzstan

Kyrgyz Republic. Human Development Report. 1995