Page 727 – The Times Of Central Asia

03 Sep 2024

Central Asia, Justice, Kazakhstan Local Politics, Kazakhstan Justice, Local Politics, Kazakhstan

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

January 5, 2026
By Vagit Ismailov

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 the state of constitutional legality in the country. In its message, the Constitutional Court recommended that the government and other bodies address gaps in legislation, strengthen measures to protect citizens’ social rights, and improve procedures for evaluating judges. Special attention was paid to revising social protections for victims of nuclear testing at the Semipalatinsk test site.

03 Sep 2024

Central Asia, Tajikistan Justice, Justice, Tajikistan International Affairs, Tajikistan Local Politics, Tajikistan, International Affairs, Local Politics

Tajikistan Bans Corporal Punishment for Children

October 8, 2024
By Sadokat Jalolova

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.

03 Sep 2024

Central Asia, International Affairs, Kyrgyzstan International Affairs, Kyrgyzstan, Kyrgyzstan Business & Economy

New Checkpoint Opens on Kyrgyzstan’s Border With China

October 8, 2024
By Vagit Ismailov

A new checkpoint has opened along the Kyrgyz-Chinese border, in the settlement of Bedel in the Issyk-Kul region. Kyrgyz president Sadyr Japarov called the event historic and significant for the country.

In his address, Japarov emphasized that opening the Bedel checkpoint is a significant achievement that opens new opportunities for strengthening ties with China, one of the world’s leading economies. This step, he said, will significantly increase Kyrgyzstan’s transport and logistics potential, and strengthen the strategic partnership with China, symbolizing a new stage in bilateral relations.

The issue of opening the Bedel checkpoint has been discussed since 1996, but agreements were reached only last year, during Japarov’s state visit to China.

The new checkpoint is the third checkpoint on the border between Kyrgyzstan and China. It is located in the remote southeastern region of Kyrgyzstan, about equidistant from the Kyrgyz town of Karakol and the district of Aksu in China’s Xinjiang Uygur Autonomous Region. Historically, travelers and traders used this pass on the Silk Road. The opening of the Bedel border station is expected to significantly improve trade ties between the two countries, and relieve pressure on existing border crossings.

03 Sep 2024

Education, Central Asia, Kyrgyzstan, Local Politics, Kyrgyzstan Local Politics

Russia Donates School Buses for Remote Regions of Kyrgyzstan

October 8, 2024
By Sergey Kwan

A Russian non-profit organization, Eurasia, has given 50 school buses to secondary schools in remote areas of Kyrgyzstan.

The handover ceremony was held on September 2 in Bishkek. It was attended by the Chairman of the Cabinet of Ministers of the Kyrgyz Republic, Akylbek Japarov, Deputy Speaker of the State Duma of the Russian Federation, Boris Chernyshov, and State Duma deputy and chairperson of Eurasia, Alena Arshinova.

At the ceremony, Japarov lauded the long-lasting, strong partnership relations between Kyrgyzstan and Russia and highly appreciated “the contribution that our Russian colleagues make to the development of Kyrgyzstan’s educational sphere.”

The head of the Kyrgyz Cabinet of Ministers emphasized that in 2023, Kyrgyzstan built 105 secondary schools, compared to 15 schools constructed in 2010. He added that during this period, the number of schoolchildren in the country increased by almost half a million.

At a meeting with Chernyshov and Arshinova on the same day, Japarov noted that Kyrgyzstan has begun implementing large-scale educational projects with Russia in recent years, such as the construction of nine secondary schools in all regions of Kyrgyzstan through Russian funding, construction of new campus of the Kyrgyz-Russian Slavic University in Bishkek and a branch of Moscow State University in the city of Karakol, as well as a program in which teachers from Russia teach in rural schools across Kyrgyzstan.

03 Sep 2024

Central Asia, Uzbekistan, Justice, Tajikistan Local Politics, Kazakhstan Local Politics, Tajikistan, Kyrgyzstan, Local Politics, Kazakhstan, Kyrgyzstan Local Politics, Uzbekistan Justice, Kyrgyzstan Features, Uzbekistan Local Politics

Kyrgyzstan Proposes Amendment to Laws Regulating Religious Sphere

September 3, 2024
By Sergey Kwan

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.”

03 Sep 2024

Central Asia, Home, Uzbekistan, International Affairs, Local Politics, Kazakhstan, Uzbekistan Business & Economy, Business & Economy, Opinions, Kazakhstan Business & Economy, Features, Kazakhstan Opinions, Kazakhstan Featurees

Special Report: Prospects Look Good for Kazakh Wheat Exports

September 4, 2024
By Times of Central Asia

According to the International Grains Council, Kazakhstan’s wheat harvest for the 2024/2025 season is expected to reach 16 million tons. As the harvesting campaign begins, the country’s lack of elevator capacity and the problem of mainline railroads are concerns. Idle trains are still a problem, which leads to the introduction of regular restrictions and bans on the acceptance and shipment of wheat due to congestion on the railroad.

Market participants note that the railroad cannot cope with the volume of shipments during the autumn rush, with its infrastructural ceiling on shipments at only 1 million tons of grain per month. This leads to a collapse at border railroad crossings and, consequently, a price drop in the domestic market.

One obvious solution is to expand Kazakhstan’s elevator capacity and grain storage facilities; this is one of the reasons for the increased load on the railroad infrastructure. Thus, according to the Ministry of Agriculture, 191 licensed grain-receiving enterprises have a total storage capacity of more than 13.2 million tons. In addition, agricultural producers have storage capacities for 15.8 million tons of grain, which, as the ministry assures, is enough to store grain considering the projected harvest. Also, according to the ministry, the construction of new grain storage facilities and the expansion of existing ones are envisaged. In 2024-2026, it plans to operate five granaries with a capacity of 30,200 tons.

The national railway company Kazakhstan Temir Zholy (KTZ) has already established a grain headquarters, involving representatives from local executive bodies, the National Chamber of Entrepreneurs “Atameken,” and shippers. This headquarters ensures adequate transportation for the upcoming season’s harvest. As Salamat Abzhaliyev, Deputy General Director for Marketing and Planning of KTZ-Gruzovye Transportations LLP, noted during the briefing held at the end of August, for seven months of the current year, the total volume of grain loading on the network of railroads of the country amounted to 4.7 million tons. Only in Kazakhstan did wheat transportation increase by 3%, amounting to 1.1 million tons.

An important factor affecting the efficiency of transporting grain and milling products is the availability of specialized wagons. In addition to boxcars, grain carriers are designed to transport these specific cargoes. Today, the total fleet of boxcars and grain cars on the railroad is about 16,000 and 12,000, respectively. According to KTZ, this fleet is sufficient to fulfill all agreed transportation plans.

According to forecasts of the International Grain Council, the export of Kazakhstani wheat in the 2024/2025 season is projected at 10 million tons. During the first six months of the year, 2.4 million tons of wheat have already been shipped. The main buyers of domestic grain are traditionally Uzbekistan, China, Tajikistan, Italy, and Afghanistan. Grain exports to China have grown 5.7 times in the last three years, which makes China a key export destination.

China is ready to accept large volumes of grain from Kazakhstan. Today, the country buys about 10 million tons of wheat worldwide, including from Kazakhstan. However, further development of trade is constrained by limited transportation logistics. Since the beginning of the year, KTZ has repeatedly imposed restrictions and bans on the shipment and acceptance of grain and milling products to be transported in the direction of China. Nevertheless, KZT plans to export over 2 million tons of grain to China this year.

For its part, China has already implemented a number of infrastructure projects in the border cities of Alashankou and Khorgos to increase the volume of grain cargo transportation and improve its efficiency. These projects have built modern grain terminals with a capacity of 6,000 tons per day and the possibility of automated unloading of the entire train.

It is worth recalling that at the end of March of this year, KTZ, together with employees of the Chinese railroad at the Dostyk-Alashankou border crossing, already set a daily record of 21 trains for the transfer of trains to China, which indicates the potential for further increases in freight traffic to increase exports to China.

Afghanistan remains a promising market for Kazakhstani wheat and flour. The change in the political situation in Kabul led to the suspension of trade operations with all partner countries, including Kazakhstan. For some time, interbank transactions and delivery of railroad cars were impossible, as the owners feared for their safety and return. However, the problems have been resolved. Today, transactions are made through third-country banks, and railcar delivery has been restored. Among other things, Afghanistan remains a priority flour market for Kazakhstan, accounting for 70% of its total exports. In eight months of the 2023/24 marketing year, Kazakhstan exported 172,840 tons of wheat to Afghanistan. The annual demand for the Afghan market is from 2 to 3 million tons. Despite an increase in wheat crops, the country’s leadership has agreed with Kazakhstan to import grain at an affordable price. During the recent visit of an Afghan delegation to Kazakhstan, the issues of establishing a stable trade between the countries, purchase of wheat, and increase of exports through the railroad network were discussed. As a result of the meeting, the Kazakhstani side reduced the duties by 50% on Afghan exports.

An alternative route through the Aktau seaport is also being worked out to transport grain cargoes to Afghanistan. This will allow loading the capacities of western terminals — Aktau Northern and Akbidai, with a total capacity of 82,000 tons — as well as Beineu grain terminal, which can simultaneously store 100,000 tons of grain, receive up to 500 railcars daily, and send up to 2 million tons per year in packaged form and grain trucks.

Agrarians in neighboring Uzbekistan are breaking records in their wheat harvests. For the first time in the country’s history it has exceeded 9 million tons this year. This is even though the republic has been a top importer of Kazakhstani wheat for several years. The volume of shipments for the first six months of the current year has already exceeded the volume for the whole of last year. In the September-February 2023/24 marketing year, Kazakhstan exported 1.6 million tons of wheat to Uzbekistan. Tashkent accounts for more than 40% of Kazakhstan’s grain exports.

Uzbekistan in 2024 reduced the transit tariff for railroad transportation of grain from Kazakhstan. It is also worth noting Kazakhstan’s large-scale efforts to ease the load on the Saryagash station border crossing with its southern neighbor, which currently handles about 80% of Kazakhstan’s grain exports. It is about constructing a new railway line, Darbaza-Maktaaral, which will significantly help the transportation of grain, not only cargo, to Central Asia. In addition, last year, KTZ increased the number of railroad tracks from four to eight at the Kuprik border station, allowing for the exchange of trains at the Saryagash-Kuprik border crossing. Six more tracks are under construction this year.

Europe has become a significant market for Kazakhstan’s agricultural products. Given the current geopolitical situation in the region and sanctions restrictions against Russia, one of the largest grain suppliers, the European Union opens vast opportunities for developing Kazakhstan’s export potential.

According to a report from the European Commission, the republic is already in first place among durum wheat exporters to the West, ahead of Turkey and Canada. Kazakhstan supplied the European Union with 19,000 tons of durum wheat in the season 2024-2025.

Kazakhstan optimizes the railway and elevator infrastructure in the current export market situation to reduce the seasonal three-month peak. In the conditions of an active increase in wheat-grown volumes and the development of its grain processing by importing countries, Kazakhstan plans to diversify its export structure by developing deep grain processing with the sale of value-added products. Thus, only neighboring China is planning a significant increase in grain production in the coming years. According to the action plan released by the State Council of the People’s Republic of China, by 2030, China intends to increase its capacity by more than 50 million tons. By then, the area under crops in the PRC will amount to about 117 million hectares.

Under these conditions, according to the Ministry of Agriculture, Kazakhstan, in the coming years, plans to implement 13 projects for grain processing, including the construction of three enterprises for deep processing of wheat and corn in the Astana, Kostanay, and Turkestan regions. It is also planned to reduce areas in grain-growing regions of the country to diversify and move away from monoculture. By 2028, their volume will be reduced by 855,000 hectares. At the same time, due to the reduction of spring wheat crops, the area of highly profitable and socially essential crops will be increased.