This contribution follows up on the relevant section in 28 Asian Yearbook of International Law (2022), and describes developments in Central Asian States (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) pertaining to international law and foreign policy in 2023.
History and Theoretical Approach of Central Asian States in International Law
Central Asian States’ Approach to ‘Law’ and ‘International Law’
Kazakhstan
In June 2023, Russia’s Security Council accused Western nations of attempting to drive a wedge between Russia and Kazakhstan by interfering in the affairs of sovereign nations. The comments were made during a visit by Security Council Secretary Nikolai Patrushev to Kazakhstan, where he met with counterparts from across Central Asia (Al Jazeera, “Russian official accuses West of ‘manipulation’ in Kazakhstan”: https://www.aljazeera.com/news/2023/6/23/moscow-west-trying-to-create-kazakhstan-russia-wedge). Patrushev’s deputy, Alexander Shevtsov, claimed that the United States and its allies were supporting nationalist sentiment in Kazakhstan, spreading misinformation, and manipulating public opinion through the internet and social networks. This accusation comes amid signs that Kazakhstan is distancing itself from Russia’s sphere of influence, including its decision to stop hosting Syria talks, cancelling a concert by a pro-Russian singer, and President Kassym-Jomart Tokayev’s absence from an annual economic forum in St. Petersburg. Kazakhstan has also largely abstained from backing Moscow in United Nations votes on the Ukraine war.
In October 2023, Kazakhstan’s Parliamentarian Zharkynbek Zharkynbekov sparked controversy by suggesting that women who are victims of domestic violence should be held accountable for their abuse (Human Rights Watch, “Punish the Victim, Says Kazakhstan Parlamentarian”: https://www.hrw.org/news/2023/10/09/punish-victim-says-kazakhstan-parliamentarian). Human Rights Watch highlighted that such attitudes contributed to the systemic failure to protect women and girls from abuse, emphasising the urgent need for comprehensive legal reforms and societal change to combat domestic violence effectively.
Likewise, in October 2023, Human Rights Watch and eight other organizations called on Kazakhstan to abolish its “foreign funding register”, a publicly accessible list of individuals and entities receiving foreign financial support (Human Rights Watch, “Kazakhstan: Abolish the ‘Foreign Funding’ Register”: https://www.hrw.org/news/2023/10/20/kazakhstan-abolish-foreign-funding-register). Critics argued that the register stigmatized civil society actors and human rights defenders, potentially exposing them to harassment and retaliation. The decree mandating the register established a separate reporting scheme for organizations and individuals receiving foreign funding for certain broadly defined activities. Human Rights Watch urged Kazakhstan to repeal the decree and legislative provisions that require the publication of this list, as they contravene international human rights standards and undermine the work of independent civil society organizations and activists.
Kyrgyzstan
The 2023 Human Rights Report for the Kyrgyz Republic, released by the US Department of State, indicated no significant changes in the human rights situation during the year (US Embassy to the Kyrgyz Republic, “Kyrgyz Republic 2023 Human Rights Report”: https://kg.usembassy.gov/wp-content/uploads/sites/139/2024/05/528267_KYRGYZ-REPUBLIC-2023-HUMAN-RIGHTS-REPORT-1-1.pdf). Credible reports detailed issues such as torture by law enforcement, harsh prison conditions, arbitrary arrests, judicial independence problems, restrictions on freedom of expression and media, government corruption, gender-based violence, and significant restrictions on workers’ freedom of association.
In March 2023, Human Rights Watch reported that Kyrgyz law enforcement agencies were complicit in crimes against women, including domestic violence and bride kidnapping (Human Rights Watch, “Law Enforcement Complicit in Crimes Against Women in Kyrgyzstan”: https://www.hrw.org/news/2023/03/10/law-enforcement-complicit-crimes-against-women-kyrgyzstan). Despite legal reforms, police allegedly fail to investigate complaints, and perpetrators frequently go unpunished. Human Rights Watch urged the Kyrgyz government to enforce existing laws and hold law enforcement accountable for their alleged inaction.
In July 2023, Kyrgyzstan’s Constitutional Court ruled in favour of Altyn Kapalova, a lesbian feminist, artist, and writer, affirming her right to give her children matronymic surnames (Human Rights Watch, “Kyrgyz Woman Wins Strategic Gender Equality Case”: https://www.hrw.org/news/2023/07/03/kyrgyz-woman-wins-strategic-gender-equality-case). This landmark decision challenged the patriarchal naming convention that typically assigns children their father’s surname, marking a significant step toward gender equality in the country. Kapalova’s legal battle spanned over two years, during which she faced systemic resistance from authorities. Her persistence not only secured a personal victory but also set a precedent for challenging gender-based discrimination in Kyrgyzstan’s legal system.
In August 2023, Kyrgyzstan repatriated 95 citizens – 31 women and 64 children – from Syrian internment camps, marking its third such operation (Al Jazeera, “Kyrgyzstan brings back 95 ISIL wives, children from Syrian internment camps”: https://www.aljazeera.com/news/2023/8/30/kyrgyzstan-brings-back-95-isil-wives-children-from-syrian-internment-camps). This mission was conducted with support from the United States, the United Nations Children’s Fund (UNICEF), and the International Committee of the Red Cross (ICRC). The repatriates were among thousands from Central Asia who joined ISIL between 2013 and 2015. Previous repatriations occurred in February 2023 and March 2021. The Kyrgyz government has provided humanitarian assistance during these missions, and the United States has been acknowledged for its logistical support.
In October 2023, Russian President Vladimir Putin made a rare foreign visit to Kyrgyzstan, his first since the International Criminal Court (ICC) issued an arrest warrant for him in March over alleged war crimes, including the illegal deportation of Ukrainian children (Al Jazeera, “Russia’s Putin makes rare visit to Kyrgyzstan despite ICC arrest warrant”: https://www.aljazeera.com/news/2023/10/12/russias-putin-makes-rare-visit-to-kyrgyzstan-despite-icc-arrest-warrant). During his two-day stay in Bishkek, Putin met with Kyrgyz President Sadyr Japarov and Azerbaijani President Ilham Aliyev, attended a summit of the Commonwealth of Independent States (CIS), and participated in ceremonies marking the 20th anniversary of Russia’s airbase near Kant. The visit underscored Russia’s strategic interests in Central Asia, particularly in light of growing regional engagement with China. Both Kyrgyzstan and China are not members of the ICC, thus not obligated to enforce the arrest warrant. Putin’s trip highlighted Moscow’s efforts to maintain influence in Central Asia despite international legal challenges.
Tajikistan
On 4 April 2023, Human Rights Watch called for the immediate release of Manuchehr Kholiqnazarov, a prominent human rights lawyer from Tajikistan’s Gorno-Badakhshan Autonomous Region (GBAO). Kholiqnazarov was sentenced to 16 years in prison in December 2022 on politically motivated charges, including “participation in a criminal association” and “participating in the activities of a banned organisation due to its extremist activities” (Human Rights Watch, “Tajikistan: Free Autonomous Region Rights Defender”: https://www.hrw.org/news/2023/04/04/tajikistan-free-autonomous-region-rights-defender). Human Rights Watch considered his detention a direct retaliation for his advocacy of human rights and his involvement in investigating the 2021 killing of Gulbiddin Ziyobekov, a Pamiri man whose death had sparked protests in GBAO.
On 21 November 2023, Tajik President Emomali Rahmon and Russian President Vladimir Putin oversaw the signing of eight new cooperation documents aimed at enhancing bilateral ties in various sectors (Asia Plus, “Tadzhikistan i Rossiya podpisali vosem dokumentov o sotrudnichestve” [Tajikistan and Russia signed eight documents on cooperation]: https://asiaplustj.info/ru/news/tajikistan/politics/20231122/tadzhikistan-i-rossiya-podpisali-vosem-dokumentov-o-sotrudnichestve). The agreements encompass industrial, transport, economic, judicial, and scientific domains, reflecting a comprehensive approach to strengthening partnership.
On 22 November 2023, Tajikistan and Azerbaijan signed a series of agreements to implement major investment projects aimed at expanding trade, economic, and investment cooperation between the two countries (Asia Plus, “Tadzhikistan i Azerbaidzhan dogovorilis o realizatsii ryada krupnyh investitsionnyh proyektov” [Tajikistan and Azerbaijan have agreed to implement a number of major investment projects]: https://asiaplustj.info/ru/news/tajikistan/economic/20231124/tadzhikistan-i-azerbaidzhan-dogovorilis-o-realizatsii-ryada-krupnih-investitsionnih-proektov). The agreements were finalized during a meeting between Tajikistan’s Minister of Economic Development and Trade, Zavki Zavkizoda, and Azerbaijan’s Minister of Economy, Mikayil Chingiz oglu Jabbarov, held in Baku within the framework of the UN Special Programme for the Economies of Central Asia (SPECA) Summit.
On 27 November 2023, Tajikistan and the European Union (EU) held their 10th annual Cooperation Committee meeting in Brussels (Asia Plus, “O chem dogovorilis Tadjikistan i Evrosoyuz v Brussele?” [What did Tajikistan and the EU agree on in Brussels?]: https://asiaplustj.info/ru/news/tajikistan/economic/20231129/o-chem-dogovorilis-tadzhikistan-i-evrosoyuz-v-bryussele). The meeting was co-chaired by Tajikistan’s Minister of Economic Development and Trade, Zavki Zavqizoda, and the European External Action Service’s Deputy Managing Director for Central Asia, Luc Devigne. The discussions focused on strengthening bilateral relations and advancing key development initiatives. The meeting underscored the EU’s commitment to supporting Tajikistan’s development goals and enhancing bilateral cooperation. Both sides emphasized the importance of expediting the finalization of a new Partnership and Cooperation Agreement to further strengthen their collaboration.
On 27–28 November 2023, Tajikistan hosted the 11th Herat Security Dialogue in Dushanbe, inviting representatives from all Afghan political groups, including the Taliban (Asia Plus, “Predstaviteley Talibov priglasili v Dushanbe [Taliban representatives invited to Dushanbe]”: https://asiaplustj.info/ru/news/tajikistan/politics/20231127/predstavitelei-talibov-priglasili-v-dushanbe). The meeting aimed to discuss Afghanistan’s evolving situation, focusing on national dialogue, gender equality, humanitarian aid, and regional solidarity.
In December 2023, Tajikistan and China signed an agreement to establish a new air corridor named “Pomir-Shenche” (Asia Plus, “Tadzhikistan i Kitay podpisali solasheniye ob otkrytii novogo aviakorridora” [Tajikistan and China signed an agreement on opening a new air corridor]: https://asiaplustj.info/ru/news/tajikistan/economic/20231206/tadzhikistan-i-kitai-podpisali-soglashenie-ob-otkritii-novogo-aviamarshruta). The agreement was formalized in Dushanbe on 5 December 2023, by Loiq Begijonzoda, Director-General of Tajikaeronavigatsiya, and Liu Wenci, Director-General of the Xinjiang Air Traffic Management Bureau. This new flight path is designed to enhance aviation connectivity between the two countries, facilitating increased flight frequencies and providing a foundation for developing international air services with other nations. The Pomir-Shenche corridor is named after the Gorno-Badakhshan Autonomous Region (GBAO) in Tajikistan, indicating that the route will traverse this region. This development is expected to bolster bilateral ties and support the expansion of international aviation networks.
On 9 December 2023, Tajikistan and Iran signed a cooperation agreement focusing on disaster response and emergency management (Asia Plus, “Tadzhikistan i Iran dogovorilis o sotrudnichestve v sfere reagirovaniya na CHS” [Tajikistan and Iran agreed on cooperation in emergency response]: https://asiaplustj.info/ru/news/tajikistan/security/20231209/tadzhikistan-i-iran-dogovorilis-o-sotrudnichestve-v-sfere-reagirovaniya-na-chs). The agreement aims to enhance bilateral collaboration in addressing natural disasters and improving emergency preparedness and response mechanisms.
On 14 December 2023, the Eurasian Development Bank (EDB) announced plans to allocate $130 million in 2024 to support the completion of the Rogun Hydroelectric Power Plant (HPP) in Tajikistan (Asia Plus, “EABR nameren vydelit dlya dostroyki Rogunskoy GES 130 millionov dollarov” [EDB intends to allocate 130 million dollars for the completion of the Rogun hydroelectric power station]: https://asiaplustj.info/ru/news/tajikistan/economic/20231214/eabr-nameren-videlit-dlya-dostroiki-rogunskoi-ges-130-millionov-dollarov). This commitment was confirmed by EDB Senior Managing Director Denis Ilyin during a press conference in Almaty. The bank emphasised the project’s significance not only for Tajikistan but also for the broader region. The Rogun HPP is a critical infrastructure project aimed at addressing energy shortages in Tajikistan and enhancing regional energy security. Once completed, it is expected to be the largest hydroelectric power station in Central Asia, with an installed capacity of 3,600 MW. The project has garnered support from various international financial institutions, including the World Bank, the Asian Infrastructure Investment Bank (AIIB), and the Islamic Development Bank, among others.
Turkmenistan
Human Rights Watch’s 2024 World Report indicates that Turkmenistan’s human rights record remained dire in 2023, marked by a closed society with suppressed fundamental freedoms, including those of religion, movement, expression, and association (Human Rights Watch, “Turkmenistan: Events of 2023”: https://www.hrw.org/world-report/2024/country-chapters/turkmenistan). Political reforms have deepened authoritarian rule, and the government denies the existence of poverty and food insecurity. While some activists were released, many remain imprisoned on politically motivated charges, and enforced disappearances, torture, and ill-treatment persist. Restrictions on civil society, media, and internet access continue, with persecution of activists and their families both within and outside the country. Forced labour in the cotton fields is widespread, and citizens face barriers to freedom of movement, including arbitrary denials of international travel. The government tightly controls religious groups, punishing those practicing beyond state-approved religions, and women and girls face significant restrictions, including on reproductive rights. International actors, including the EU and the US, have engaged with Turkmenistan, raising concerns about human rights, but these efforts have yet to yield significant improvements.
On 21 November 2023, Human Rights Watch (HRW) reported that Turkmen authorities prevented independent journalist Soltan Achilova from travelling to Geneva to attend a human rights award ceremony (Human Rights Watch, “Turkmenistan: Journalist Prevented from Travelling Abroad”: https://www.hrw.org/news/2023/11/21/turkmenistan-journalist-prevented-travelling-abroad). Despite being nominated for the 2021 Martin Ennals Award for Human Rights Defenders, Achilova was forcibly hospitalised on 20 November 2023, under the pretext of having an infectious disease.
Uzbekistan
In September 2023, the Swiss General Prosecutor’s Office formally charged Gulnara Karimova, daughter of Uzbekistan’s first president, with organizing a criminal group, money laundering, bribery as a public official, and document forgery (Current Time, “Genprokuratura Shveytsarii obvinila Gulnaru Karimovu v organizatsii prestupnogo soobshchestva i otmyvanii deneg” [The Swiss Prosecutor General’s Office has accused Gulnara Karimova of organising a criminal association and money laundering]: https://www.currenttime.tv/a/obvineniya-gulnare-karimovoy/32616112.html). Alongside Karimova, a key figure from a Russian telecom company’s Uzbek branch was also charged with orchestrating corruption schemes. Swiss authorities have confiscated assets worth 780 million Swiss francs linked to Karimova, including real estate and bank holdings, while similar investigations and asset seizures have taken place in multiple countries, including the UK, the US, and Russia. Karimova has been serving prison sentences in Uzbekistan since 2013 for corruption-related crimes, with her total illicit wealth estimated at around $1.4 billion spread across several countries.
On 1 December 2023, the Shaykhontohur District Court in Tashkent fined a cafe owner for gender discrimination, marking the first such case under Uzbekistan’s newly enacted law prohibiting gender-based discrimination (Current Time, “V Tashkente upravlyuayusshchego kafe oshtrafovali za gendernuyu diskiminatsiyu. Eto pervoye podobnoye delo v Uzbekistane” [Tashkent cafe manager fined for gender discrimination. First such case in Uzbekistan]: https://www.currenttime.tv/a/tashkent-shtraf-za-gendernuyu-diskriminatsiyu/32709899.html). The incident occurred on 18 November 2023, when journalist Inobat Akhatova and a friend were denied entry to the Sahil Street Food café after 10:30 PM, based on the establishment’s internal policy that prohibited women from entering at that time. Akhatova reported the incident to the authorities, leading to the café owner being fined 6.6 million Uzbek sums (approximately $537). Both the owner and an employee acknowledged their wrongdoing and issued public apologies.
On 7 December 2023, President Shavkat Mirziyoyev of Uzbekistan granted amnesty to 334 individuals in honor of the 31st anniversary of the country’s Constitution (Current Time, “Shavkat Mirziyoyev pomiloval 334 zaklyuchennyh nakanune Dnya Konstitutsii Uzbekistana” [Shavkat Mirziyoyev pardoned 334 prisoners on the eve of Constitution Day of Uzbekistan]: https://www.currenttime.tv/a/mirziyoev-pomiloval-334-zaklyuchennyh/32720973.html). The decree stipulated that the pardoned individuals had “sincerely repented their deeds and firmly embarked on the path of correction”. Among those pardoned, 34 were fully released from their sentences, 249 were granted parole, and 6 had their sentences commuted to lighter penalties. Additionally, 45 individuals had their prison terms reduced. The amnesty also included 18 foreign nationals, 23 women, 15 men over 60 years old, and 88 individuals involved in activities of organizations banned in Uzbekistan.
Central Asia – Regional Affairs
In February 2023, Human Rights Watch highlighted the unprecedented inclusion of three Central Asian nations – Kazakhstan, Kyrgyzstan, and Uzbekistan – as members of the United Nations Human Rights Council (Human Rights Watch, “Prominence of Central Asian Countries on The Human Rights Council Is an Opportunity for Change”: https://www.hrw.org/news/2023/02/24/prominence-central-asian-countries-human-rights-council-opportunity-change). Human Rights Watch urged these nations to align their actions with their commitments, emphasizing that their roles on the Council should be leveraged to drive meaningful human rights reforms both domestically and internationally.
On 20 March 2023, United Nations High Commissioner for Human Rights Volker Turk called on Uzbekistan and Kazakhstan to act on their human rights reform pledges during visits to both countries (Human Rights Watch, “UN Human Rights Chief Calls for Reforms in Uzbekistan and Kazakhstan”: https://www.hrw.org/news/2023/03/20/un-human-rights-chief-calls-reforms-uzbekistan-and-kazakhstan). He urged both governments to address key issues, including accountability for protest-related deaths and the protection of women’s rights. In Kazakhstan, Turk emphasized the need for independent investigations into the deaths of over 230 people during anti-government protests in January 2022. He also highlighted concerns over the use of force against protesters and the lack of accountability for these incidents. In Uzbekistan, Turk called for reforms to protect women’s rights and ensure accountability for human rights violations. He urged the government to take concrete steps to uphold its human rights commitments and address ongoing concerns.
The Samarkand Declaration, issued from the Fourth Meeting of Foreign Ministers of Afghanistan’s Neighboring States on 13 April 2023, involved China, Iran, Pakistan, Russia, Tajikistan, Turkmenistan, and Uzbekistan, all committing to Afghanistan’s peaceful development, unity, and independence, free from terrorism and drug trafficking (Ministry of Foreign Affairs of the People’s Republic of China, “Samarkand Declaration of the Fourth Meeting of Foreign Ministers of Afghanistan’s Neighboring States”: https://www.mfa.gov.cn/eng/zy/gb/202405/t20240531_11367494.html). Discussions emphasized forming an inclusive Afghan government, countering terrorism by groups like the Islamic State of Iraq and the Levant (ISIL), Al-Qaeda, the Eastern Turkistan Islamic Movement (ETIM) and others, combating drug production, and respecting human rights. The declaration also called for continued international dialogue and humanitarian aid, while highlighting the importance of economic projects for Afghanistan’s integration into the global economy.
On 18 September 2023, Human Rights Watch urged US President Joe Biden to prioritize human rights during his upcoming meeting with the five Central Asian leaders on the sidelines of the United Nations General Assembly (Human Rights Watch, “Central Asia/US: Put Rights At Heart of Talks”: https://www.hrw.org/news/2023/09/18/central-asia/us-put-rights-heart-talks). A few days later, German Chancellor Olaf Scholz was called upon to prioritise human rights in areas such as freedom of expression, political participation, and the protection of civil society during his meeting with the five Central Asian leaders on 29 September (Human Rights Watch, “Germany Should Keep Focus on Rights in Central Asia Talks”: https://www.hrw.org/news/2023/09/28/germany-should-keep-focus-rights-central-asia-talks).
In November 2023, Human Rights Watch (HRW) urged the European Union (EU) to leverage its trade agreements with Central Asian countries – specifically Kazakhstan, Kyrgyzstan, and Uzbekistan – to promote human rights and democratic reforms (Human Rights Watch, “EU: Use Trade Leverage to Support Democracy and Rights in Central Asia”: https://www.hrw.org/news/2023/11/24/eu-use-trade-leverage-support-democracy-and-rights-central-asia). These nations benefit from the EU’s Generalized Scheme of Preferences Plus (GSP+), which offers preferential trade access in exchange for commitments to uphold 27 international conventions covering labour rights, human rights, environmental protection, and good governance.