History and Theoretical Approach of Central Asian States in International Law
Central Asian States’ Approach to ‘Law’ and ‘International Law’
This contribution follows up on the relevant section in 26 Asian Yearbook of International Law (2020), and describes developments in Central Asian States (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) pertaining to international law and foreign policy in 2021.
Kazakhstan
On 12 March 2021, amendments to the Law “On Treaties of the Republic of Kazakhstan” were introduced. The amendments include, among other things, the scholarly expertise of draft treaties, treaties affecting the interests of private business entities, proposals to conclude treaties, priority of ratified treaties over the laws of the Republic of Kazakhstan, and other matters.
On 29 December 2021, the Law “On the Legal Status of Foreigners” was amended. In particular, Article 18 of the Law, as amended, reads that “[f]oreigners in Kazakhstan shall have the right to appeal to the courts, the Commissioner for Human Rights in Kazakhstan and other public authorities for the protection of their property and personal non-property rights.” It reads further that “[f]oreigners use procedural rights in court as citizens of the Republic of Kazakhstan, except in cases provided for in the international treaties of the Republic of Kazakhstan.”
Use of Force between Kyrgyzstan and Tajikistan
Despite both being members of the Collective Security Treaty Organization (CSTO), Kyrgyzstan and Tajikistan used military force against one another on 28 April–1 May 2021. The use of force reportedly derived from a dispute over a water supply facility, and resulted in at least 55 persons killed on both sides (B. Abdülkerimov, “Death toll rises to 55 from Kyrgyz-Tajik border clashes,” https://www.aa.com.tr/en/asia-pacific/death-toll-rises-to-55-from-kyrgyz-tajik-border-clashes/2230340#), and more than 33,000 local residents were evacuated (“33,388 Kyrgyzstanis evacuated from conflict zone in Batken,” https://en.trend.az/casia/kyrgyzstan/3418071.html). As a result of mutual accusations, both Kyrgyzstan and Tajikistan instituted criminal proceedings on charges of crimes against peace.
Additionally, allegations of war crimes were also made (J. Pedneault, S. Sultanalieva, “Civilians Harmed in Kyrgyzstan, Tajikistan Border Clashes: Both Sides Should Abide by Laws of War,” https://www.hrw.org/news/2021/04/30/civilians-harmed-kyrgyzstan-tajikistan-border-clashes).
Turkmenistan
On 16 April 2021, the President of Turkmenistan approved the National Human Rights Action Plan of Turkmenistan for 2021–2025 (NHRAP for 2021–2025). According to the United Nations Development Programme (UNDP), “[t]he adoption of the given NHRAP 2021–2025 is aimed at strengthening the national system of provision and protection of human rights and liberties in Turkmenistan, implementation of the international obligations of the country in the given area, and the expansion of cooperation with the international organizations in the humanitarian sphere” (UNDP, “National Human Rights Action Plan for 2021–2025 adopted by the Government of Turkmenistan,” https://www.undp.org/turkmenistan/press-releases/national-human-rights-action-plan-2021-2025-adopted-government-turkmenistan). Accordingly, the Action Plan will be carried out “by state and local authorities with involvement of civil society organizations, UN Agencies, and other international organizations” (ibid.).
Uzbekistan
Uzbekistan’s Law ZRU-674 “On International Commercial Arbitration” was adopted by the Legislative Chamber of the Parliament on 5 August 2020, approved by the Senate on 11 September 2020, and signed by the President on 16 February 2021. The Law consists of eight Chapters and 56 Articles, and regulates, in particular, the legal regime of an arbitral clause (Chapter 2), the composition and jurisdiction of an arbitral tribunal (Chapter 3), provisional measures (Chapter 4), the conduct of arbitral proceedings (Chapter 5), the adoption of arbitral awards (Chapter 6), and appeals (Chapter 7).
In his annual address to the Parliament on 29 December 2020, the President of Uzbekistan suggested revising the Concept of Foreign Political Activity, and relevant proposals were developed in 2021 (A. Ne’matov, A. Karimov, “New Uzbekistan – New Model of Foreign Policy,” https://uza.uz/ru/posts/novyy-uzbekistan-novaya-model-vneshney-politiki_199223). The revised Concept is based on the principles of pragmaticism, multilateralism, proactivity, openness, constructivism, and humanization of foreign policy.
On 15–16 July 2021, Uzbekistan hosted a high-level International Conference “Central and South Asia: Regional Connectivity. Challenges and Opportunities.” The Conference was attended by over 250 delegates representing more than 40 countries and international organizations. The Conference was addressed online by the UN Secretary-General Antonio Guterres who said, inter alia, that connectivity was “central to economic growth and sustainable development, leading to regional cooperation and friendly relations among near and far neighbours. He urged active and collective engagement in support of Afghanistan’s peace and security” (S. Arora, “Uzbekistan hosts Central – South Asia conference 2021,” https://currentaffairs.adda247.com/uzbekistan-hosts-central-south-asia-conference-2021/).
State Pratice Rapporteur, Professor at KIMEP University’s School of Law (Almaty, Kazakhstan).