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In Uzbekistan, 74-Year-Old Pensioner Convicted of Agitating for Return of USSR

Ergashkul Khasanov, a 74-year-old resident of Samarkand, was convicted of conducting propaganda aimed at the restoration of the USSR. Hasanov was actively engaged in disseminating material through the Telegram group, Uzbek SSR/USSR, in which he claimed the collapse of the Soviet Union was illegal and temporary and that the independence of the former republics, including Uzbekistan, was informal and temporary. The court found him guilty of encroaching on Uzbekistan's constitutional order. Khasanov's story dates back to 2021, when he began listening to speeches by Russian citizen, Oleg Turishkin, who argued that the collapse of the USSR was both illegal and unjust. Turishkin suggested that Khasanov register as a Citizen of the USSR, and the Uzbek pensioner duly obtained a certificate of Soviet citizenship through the post office. He subsequently joined a Telegram group where he participated in discussions and published materials arguing that the Soviet Union had not legally been dissolved and that the former Union republics should reunite again. In early 2023, Khasanov traveled to Moscow, where he met with activists who advocated the restoration of the Soviet Union and a return to the constitution and laws from Joseph Stalin's time. They argued that the Union “legally” continued to exist, and prepared for its restoration. After visiting Moscow, Khasanov continued to publish materials claiming that Uzbekistan's independence was superficial and that all former republics should return to the fold of the USSR. In his case, the court considered Khasanov's age, lack of previous convictions, and status as a pensioner. As a result, he was sentenced to three years of restricted freedom. Khasanov is forbidden from leaving his apartment from 22:00 to 6:00, changing his place of residence without the permission of the supervisory authority, and from leaving the Samarkand region. In 2022, the public movement, Citizens of the USSR was included in a list of organizations deemed by the authorities in Russia to be extremist. Believing that the Soviet Union still exists, some supporters of the movement refuse to abide by the laws of modern Russia, obey the current authorities, or use Russian passports.

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Kyrgyzstan Proposes Ban on Face Coverings

The State Commission on Religious Affairs of Kyrgyzstan has proposed several important initiatives to regulate religious activity in the country and in particular, a ban on face coverings that hinder citizen identification in state institutions and public places. The ban will not apply to protective masks, and a draft decree, carrying a proposed fine equivalent to 235 USD for violation of the law, has now been submitted for public discussion. In addition, the State Committee of Religion also proposes banning the distribution of religious literature and other materials in public places, residential premises, state and municipal institutions, and educational organizations. Recommendations have also been mooted to prohibit religious figures from foreign organizations from conducting ceremonies and events in nursing homes, correctional institutions, and military units without prior approval of the authorized body. A further proposal is the implementation of a ban on religious organizations' interference in the activities of public authorities and local self-government bodies, and on financing political parties by subjects of spiritual activity. Administrative liability is envisaged for violation of these prohibitions, the aim of which is to strengthen state control, and prevent abuse, of religious activity. Laws prohibiting face coverings are already in place in several countries. France and Belgium for example, have strict bans on burkas and niqabs in public places, and in Sri Lanka, similar measures have been introduced to combat religious extremism. In the Republic of Congo and Chad, such laws were imposed to improve security despite the low Muslim population. Post-Soviet countries have adopted similar laws but on a limited scale. Azerbaijan restricts religious dress in public institutions, whilst motivated by concern for national identity and the secular nature of the state, Tajikistan has imposed a law banning the hijab in public institutions and schools since 2017.

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Kazakhstan: The Role of the Constitutional Court in Upholding the Rule of Law

This year marks 30 years since the adoption of the current Constitution of Kazakhstan, which was approved by a popular referendum. Over the years, several changes have been made to the country's basic laws to expand citizens' rights, support political modernization, and strengthen the protection of human rights. The last referendum demonstrated the people's will and became an important milestone in the country's history. As a result, the powers of the president were reduced, and the role of parliament and local self-government bodies was significantly strengthened. An important step was the introduction of the Ombudsman for the Human Rights institution, the abolition of the death penalty, and the restoration of the Constitutional Court, Elvira Azimova, Chairperson of the Constitutional Court of Kazakhstan, has told the Asian Legal Portal. As Azimova explained, the Constitutional Court plays a critical role in ensuring the supremacy of the Constitution and protecting citizens' rights. At the same time, she noted that regulations should not only comply with the Constitution, but also be organically linked to it, creating a legal basis for the law and the state's sustainable development. Azimova also highlighted the fact that more than 120 countries worldwide have established constitutional courts or similar bodies performing constitutional oversight functions. In Kazakhstan, as in other states, citizens have the right to apply to the Constitutional Court to verify the constitutionality of laws, acts of the executive branch, and international treaties. International experience shows that such courts not only resolve legal disputes, but also improve the legal culture and continuity of constitutional processes. The revival of the Constitutional Court in Kazakhstan was an essential stage of the constitutional reform of 2022. Azimova emphasized that this body, independent of the legislative, executive, and judicial branches of government, strengthens the state's system of checks and balances. Citizens, the prosecutor general, and the Human Rights Ombudsman can now appeal to the Constitutional Court to uphold constitutional legality. Since January 2023, according to Azimova, the Constitutional Court has received over 7,500 appeals from citizens. In her opinion, such appeals do not indicate mass rights violations, but rather reflect citizens' dissatisfaction with the legal decisions made by state bodies. Citizens, she said, go to court when they believe their rights have been violated and there is either no response or an insufficient response from government agencies. The Azimova-led Constitutional Court has already issued 252 rulings, including 49 final decisions on the constitutionality of legal norms and acts. These decisions directly impact laws and regulations, which can be repealed or revised if found unconstitutional. Azimova also notes that the president, the Supreme Court, and members of parliament have already submitted requests to the Constitutional Court to check the constitutionality of laws. The prosecutor general and other state bodies have repeatedly requested an official interpretation of the provisions of the Constitution. For example, the prosecutor general's request included an interpretation of the prosecutor's competence in court and legal provisions on housing deprivation. In June 2023, Azimova presented an annual message to Parliament on...

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Tajikistan Bans Corporal Punishment for Children

Tajikistan has become the 67th country to ban corporal punishment of children. This law, enacted in June, protects the country's 4 million children from any violent discipline at home or school. “These new policy changes represent a remarkable advancement in child protection in Tajikistan and demonstrate the Government’s strong commitment to respecting children's dignity and physical integrity. The legislative changes are a major step forward. Still, much work remains to ensure that these measures lead to positive change in every child’s life,” said Arthur van Diesen, UNICEF Representative for Tajikistan. Corporal punishment affects approximately 330 million children worldwide, and has severe consequences for their health, development, and emotional wellbeing. This can impair the development of the brain and nervous system, leading to long-term behavioral and mental health problems. The economic cost of child abuse is $7 trillion a year, or about 8% of global GDP. Tajikistan will take part in the upcoming Global Ministerial Conference on Ending Violence against Children, which will be held on November 7-8, in Bogota, Colombia.

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Kyrgyzstan Proposes Amendment to Laws Regulating Religious Sphere

The authorities in Kyrgyzstan have moved to introduce stricter control of the religious sphere in the predominantly Muslim nation. The State Commission on Religious Affairs has submitted draft amendments to the laws regulating religion for public discussion. The Commission proposes banning the creation of political parties on a religious basis, and the participation of political organizations in spiritual activities. It also proposes banning the financing of political parties by religious activity and organizations. The proposed amendments prohibit deputies of the Jogorku Kenesh (national parliament) and local Keneshes (councils) from combining their parliamentary work with religious activities. They also ban religious figures from being elected as deputies of local Keneshes, and propose that the dissemination of religious information be prohibited in electoral campaigning. The amendments broach introducing a fine for wearing clothing that does not allow a person’s identification in government offices and public places, such as a niqab. The exceptions are clothing required for work, and clothing that covers the face for medical reasons. Authorities in neighboring Kazakhstan are also trying to restrict the wearing of religious clothing - hijabs (headscarves) and niqabs - in public places. Kazakhstan's parliament will consider a bill on the issue during the fall session. In the fall of 2023, President Shavkat Mirziyoyev of Uzbekistan signed a law prohibiting the wearing of the niqab in public places. In Tajikistan, authorities have encouraged wearing national dress and prohibited women from wearing black clothing and hijabs, considering them "alien" to Tajik culture and traditions. Earlier this year, the Tajik parliament passed a law regulating traditions and rites, banning the wearing of clothing considered to be "foreign to Tajik culture."

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Bridging Continents: The China-Kyrgyzstan-Uzbekistan Railway – A Tale of Opportunities, Challenges, and Controversies

On June 6, 2024, an agreement was signed in Beijing to begin the construction of a railway between China and Uzbekistan which will pass through Kyrgyzstan, a strategic infrastructure project designed to create a new land transport corridor between Central and East Asia. For 27 years, this project remained a pipe-dream. Now, the presidents of the three countries have confidently declared that this railway, with a length of 523 kilometers, is extremely necessary and will be highly profitable for the entire region. However, such sentiments were not always the case, and doubts have long lived in the heads of multiple Kyrgyz presidents. Both Askar Akayev, who ruled the country from 1990 until the revolution in 2005, his successor Kurmanbek Bakiyev, also overthrown as a result of revolution in 2010, and Almazbek Atambayev, were not sure of the benefits of this project. Until 2017, that is, shortly before Atambayev’s resignation and the transfer of power to his, as it seemed to him at that time, reliable friend Sooronbay Jeenbekov, Atambayev was more or less consistent in defending the interests of his country, but later his focus shifted towards China. Why was there such a turn from Atambayev towards Beijing? This later became clear. On January 26, 2018, an accident occurred in the old part of the Bishkek Combined Heat and Power Plant (CHP), which was supposed to have been modernized by that time. This incident served to reveal large-scale corruption and financial violations at the CHP. The contract for implementation of the modernization was signed on July 16, 2013 between the owner of the CHP, Electric Stations OJSC, and the Chinese company, TBEA, in the amount of $386 million dollars. The financing was provided as a loan by a state fund of China, the Export and Import Bank of China (Eximbank), and Kyrgyzstan had to return approximately $500 million including interest. However, after the accident and the transfer of the case to court, it transpired that the real cost of the subhead modernization was a maximum of $250-260 million. Hence, the cost was hugely inflated; as an example, a pair of pliers was invoiced for $640, and fire extinguishers for $1,600. A similar situation occurred with the Datka-Kemin power line, the construction of which began in 2012, when Atambayev was president. The project was implemented by the same Chinese company, TBEA, which carried out work on modernization of the CHP, and the amount cited for the project was the same, $386 million. Again, the loan was issued by Eximbank. As a result of corruption scandals which were revealed in 2019, Atambayev was deprived of presidential immunity and paid with his freedom. Kyrgyzstan’s accumulated debt since its independence in 1991 is estimated at $6.2 billion - 45% of GDP - around $1.7 billion of which is owed to Eximbank. After Sadyr Japarov came to power in November 2020, issues surrounding the Kumtor Gold Mine came to the fore. Discovered by geologists in 1978, the largest open pit gold mine in Central Asia,...