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WEEKLY NEWSLETTER
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Turkmenistan
Index
The government of Turkmenistan is divided into three branches--the
executive branch headed by the president, the legislative branch
consisting of the National Assembly (Milli Majlis), and the judicial
branch embodied in the Supreme Court. A People's Council nominally has the
ultimate power to oversee the three branches. A Council of Elders exists
as an advisory body to the government, everyday affairs of which are
conducted by a Cabinet of Ministers appointed by the president.
President
The office of president (türkmenbashi , "Leader of
the Turkmen") was established in conjunction with the ratification of
the 1992 constitution. The president functions as head of state and
government and as commander in chief of the armed forces, serving for an
elected term of five years. Presidential powers include the right to issue
edicts having the force of law, to appoint and remove state prosecutors
and judges, and to discontinue the National Assembly if it has passed two
no-confidence votes on the sitting government (Cabinet) within an
eighteen-month period. The government is administered by the Cabinet of
Ministers, who are appointed by the president with National Assembly
approval.
Niyazov, who was president of the Turkmen Soviet Socialist Republic at
the time of independence, is a Turkmen of the Teke tribe who was born in
1940. Trained as an engineer, Niyazov rose through the ranks of the
Communist Party of Turkmenistan, reaching the top of the party hierarchy
as first secretary in 1985. During his tenure, Niyazov remained aloof from
glasnost and perestroika , the reforms of CPSU First
Secretary Mikhail S. Gorbachev, even terming Gorbachev's program "pseudo-reform."
When Moscow hard-liners attempted to unseat Gorbachev in the coup of
August 1991, Niyazov refrained from condemning the conspiracy until after
its failure was certain. After his appointment as president of the Turkmen
Soviet Socialist Republic in October 1990, Niyazov ran as an uncontested
candidate in the republic's first presidential election in June 1991,
winning over 99 percent of the vote. From that position, he presided over
the declaration of independence in October 1991. The 1992 constitution of
the independent Republic of Turkmenistan called for a new presidential
election, which Niyazov won in June 1992. In January 1994, a referendum
extended his presidency from a five-year term to a ten-year term that
would end in the year 2002; of the 99 percent of the electorate that
voted, officially only 212 voted against the extension.
Legislative Branch
The 1992 constitution provides for a legislative body called the
National Assembly, a body that retains the structure and procedures of the
Soviet-era Supreme Soviet. The body's fifty members are elected directly
to five-year terms, and they are prohibited from holding other offices
during their tenure. The National Assembly is charged with the enactment
of criminal legislation and approving amendments to the constitution. It
also ratifies legislative bills introduced by the president, the Cabinet
of Ministers, and individual members of the National Assembly.
Supreme Court
Established by the 1992 constitution, the Supreme Court comprises
twenty-two judges appointed by the president to five-year terms. Of the
three branches of government, the judiciary has the fewest powers; its
prescribed functions are limited to review of laws for constitutionality
and decisions concerning the judicial codex or Supreme Law.
National Council
The 1992 constitution also established the National Council (Halk
Maslahati) to serve as "the highest representative organ of popular
power." Intended to unite the three branches of government, it
comprises the president of Turkmenistan; the deputies of the National
Assembly; members of the Supreme Court, the Cabinet of Ministers, and the
Supreme Economic Court; sixty people's representatives elected from the
districts specifically to the National Council; and officials from
scientific and cultural organizations. Members of the National Council
serve for five years without compensation. This body meets at the request
of the president or the National Assembly, or when mandated by a one-third
vote of its members. Functions of the National Council include advising
the president, recommending domestic and foreign policy, amending the
constitution and other laws, ratifying treaties, and declaring war and
peace. In theory, its powers supersede those of the president, the
National Assembly, and the Supreme Court. However, the council has been
described as a kind of "super-congress of prominent people" that
rubber-stamps decisions made by the other national bodies, in most cases
the executive.
Council of Elders
In addition, the constitution created the Council of Elders, which is
designed to embody the Turkmen tradition of reliance on the advice of
senior members of society in matters of importance. According to the
constitution, the president is bound to consult with this body prior to
making decisions on both domestic and foreign affairs. The Council of
Elders also is assigned the task of selecting presidential candidates. Its
chairman is the president of Turkmenistan.
Data as of March 1996
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