Central Asian States’ Approach to ‘Law’ and ‘International Law’
History and Theoretical Approach of Central Asian States in International Law
This contribution follows up on the relevant section in 27 Asian Yearbook of International Law (2021), and describes developments in Central Asian States (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) pertaining to international law and foreign policy in 2022. During the year, most Central Asian countries (except Turkmenistan) experienced situations of violence, which entailed repercussions, in particular, for human rights and some constitutional developments.
Kazakhstan
As reported by Human Rights Watch, “Kazakhstan was rocked in early January 2022 by nationwide anti-government protests and violence in Almaty, the country’s largest city. As of 11 January, official and media reports indicate that dozens of people had been killed, including two children, thousands injured, and approximately 10,000 people had been detained” (Human Rights Watch, “Kazakhstan: Events of 2021”, https://www.hrw.org/world-report/2022/country-chapters/kazakhstan). The protests started on 2 January 2022 in Zhanaozen, western Kazakhstan, in response to energy price rises, and quickly spread to other cities, with demands growing to include economic and political issues. On 5 January, law enforcement used tear gas and stun grenades to break up protests, while unknown people in civilian clothes in Almaty started attacking police officers and public buildings and looting shops. President [Kassym- Jomart Tokayev] replaced his government, disrupted internet access, declared a state of emergency, and requested [military] help from the Collective Security Treaty Organisation, a six-country regional military alliance including Russia. On 7 January, he ordered troops to “shoot to kill without warning” (Human Rights Watch, “January 2022 Protests and Violence”, ibid.).
As a result of the tragic events, the leadership of Kazakhstan announced far-reaching reforms to the country’s political system. For example, the “President Tokayev proposed a series of reforms aimed at building what he has termed as ‘New Kazakhstan’ or ‘Just and Fair Kazakhstan’. This included amendments to the country’s laws, including the Constitution, as approved by the nationwide referendum of June 5th” (Euraktiv Events, “Kazakhstan in 2022 – A Seismic Year of Change and Unprecedented Regional Geopolitics”, https://events.euractiv.com/event/info/kazakhstan-a-new-geopolitical-role-in-central-asia).
Kyrgyzstan
In 2022, Kyrgyzstan established diplomatic relations with Malawi (on 23 September), Tonga (on 7 December), and Rwanda (on 13 December).
During the year, there were growing concerns over human rights developments in the country. More specifically, “[i]n April, the UN Working Group on discrimination against women and girls expressed concern at the end of a country visit about the increase in the number of gender-based violence cases and the continued impunity for perpetrators of violence against girls and women […] In June, the UN special rapporteur on extreme poverty urged the authorities to invest more in pre-primary education, improve the quality of schools, and strengthen its social protection system for persons in poverty, as well as tackle the problem of corruption. In September, during its annual Human Rights Dialogue with the Kyrgyz Republic, the European Union expressed concern over the shrinking space for civil society and the implementation of the law on false information. The EU also flagged its concerns on reports of deaths in detention and over the absence of a transparent investigation into the death in detention of human rights defender Azimjon Askarov” (Human Rights Watch, “Kyrgyzstan: Events of 2022”, https://www.hrw.org/world-report/2023/country-chapters/kyrgyzstan).
Tajikistan
As reported by Human Rights Watch, “[b]etween November 2021 and June 2022, at least 40 people were killed as a result of actions by security forces in [the Gorno Badakshan Autonomous Oblast (GBAO)] to quash protests by the region’s population over perceived harassment and persecution” (Human Rights Watch, “Tajikistan: Events of 2022”, https://www.hrw.org/world-report/2023/country-chapters/tajikistan). According to The Guardian, the deaths marked an escalation of violence in the region […. The] conflict between the central government and the Pamiri has continued for decades, with the cultural and linguistic minority ethnic group suffering human rights abuses, as well as discrimination over jobs and housing […] During the Tajikistan civil war from 1992 to 1997, thousands of Pamiris were killed in what some human rights activists have described as “ethnic cleansing” (L. Tondo, “Twenty-five ethnic Pamiris killed by security forces in Tajikistan protests”, https://www.theguardian.com/global-development/2022/may/19/twenty-five-ethnic-pamiris-killed-by-security-forces-gorno-badakhshan-tajikistan-protests).
Turkmenistan
In March 2022, Serdar Berdymukhammedov was elected President of Turkmenistan with “nearly 73 percent of votes”, and succeeded his father, Gurbaguly Berdymukhammedov, in this capacity (Al Jazeera, “Turkmenistan leader’s son wins presidential election”, https://www.aljazeera.com/news/2022/3/15/turkmenistan-leaders-son-wins-presidential-election). Notably, Serdar Berdymukhammedov “made Russia his first foreign visit on 10 June 2022” (C. Rickleton, “Though Fading In Turkmenistan, The Russian Language Is Still In Demand”, https://www.rferl.org/a/turkmenistan-demand-for-russian-language/32834522.html). In the same month, Vladimir Putin visited Tajikistan and Turkmenistan on his first foreign trip since the beginning of the full-scale invasion of Ukraine (C. Putz, “Russia’s Putin Makes First Trip Abroad Since Invasion, to Tajikistan and Turkmenistan”, https://thediplomat.com/2022/06/russias-putin-makes-first-trip-abroad-since-invasion-to-tajikistan-and-turkmenistan/).
According to Amnesty International, “[s]erious human rights violations continued unabated across the board, including arbitrary detentions and politically motivated convictions of anyone daring to criticize or challenge official policy. The authorities continued to exercise strict control over the flow of information and all media. Turkmenistan failed to take meaningful action to address climate change. Women and girls saw their rights and freedoms, including bodily autonomy, restricted further. Abortion was effectively banned. Consensual sex between men remained a criminal offence” (Amnesty International, “Turkmenistan 2022”, https://www.amnesty.org/en/location/europe-and-central-asia/eastern-europe-and-central-asia/turkmenistan/report-turkmenistan/).
Uzbekistan
In early July 2022, protests occurred in the Republic of Karakalpakstan (in the West of Uzbekistan) against a proposed constitutional reform affecting the governance of the region. At least 21 people were killed, over 270 were injured, and more than 500 individuals were detained as a result of the protests (Human Rights Watch, “Uzbekistan: Events of 2022”, https://www.hrw.org/world-report/2023/country-chapters/uzbekistan).
On 10 August 2022, Uzbekistan’s Embassy in the Russian Federation cautioned the citizens of Uzbekistan living or working in Russia “against creating “volunteer battalions” or participating in “hostilities on the territory of foreign states” (C. Putz, “Uzbek Government Warns Citizens in Russia Against Joining Ukraine War”, https://thediplomat.com/2022/08/uzbek-government-warns-citizens-in-russia-against-joining-ukraine-war/). The Embassy’s press release “pointed to Article 154 of Uzbekistan’s Criminal Code as explicitly outlawing the participation of Uzbeks in armed conflicts in foreign countries, with up to 10 years in jail as punishment for violating the law” (ibid.). This message was addressed to a very large number of recipients: according to Russian official statistics, “more than 7.8 million migrants from Uzbekistan, Tajikistan, and Kyrgyzstan were registered Russia in 2021, citing “work” as their reason for entering the country. More than 4.5 million of them were from Uzbekistan, some 2.4 million from Tajikistan, and nearly 900,000 from Kyrgyzstan” (F. Najibullah, “Central Asia Takes Economic Hit From Russian War In Ukraine Sooner Than Expected”, https://www.rferl.org/a/central-asia-migrants-ruble-impact/31730968.html).
Use of Force between Kyrgyzstan and Tajikistan
Use or Threat of Force
Despite both being members of the Collective Security Treaty Organization (CSTO), Kyrgyzstan and Tajikistan again used military force against one another in September 2022: “[… A] four-day border clash between Kyrgyz and Tajik border guards injured 206 people and killed at least 62 people, including a 15-year-old girl who was reportedly hit by a shell fragment. At least one school was attacked and burned by Tajik-affiliated forces” (Human Rights Watch, “Kyrgyzstan: Events of 2022”, https://www.hrw.org/world-report/2023/country-chapters/kyrgyzstan). Moreover, “[a]uthorities reported scores of civilian homes had been burned, however, no reports were available on how many people may have been internally displaced. Tajik authorities also claimed that Kyrgyz forces allegedly fired on an ambulance traveling not far from Isfara, near the Kyrgyz border, killing five members of a family, including two children, who were inside the vehicle” (Human Rights Watch, “Tajikistan: Events of 2022”, https://www.hrw.org/world-report/2023/country-chapters/tajikistan). As was reported in 27 Asian Yearbook of International Law (2021), force was already used between the two countries in 2021.
State Practice Rapporteur, Professor, KIMEP University’s School of Law.