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Energy Legislation Atomic Energy Referendum Nuclear Energy Nuclear safety Nuclear power

Empowering Kazakhstan’s Future: Navigating Diplomatic, Energy, and Geopolitical Challenges in the Nuclear Power Referendum

Never short of diplomatic acumen, on September 2, President Kassym-Jomart Tokayev signed a decree on holding a referendum on the construction of a nuclear power plant (NPP) in Kazakhstan. Tokayev’s goal is to ensure that arguments for nuclear energy are compelling and to involve citizens, scientists, and government officials in the decision-making process. However, it's crucial that the public are fully informed about these plans as Kazakhstan finalizes the first stage of its new nuclear development. With demand for electricity soaring, it can be argued that the case for the NPP is compelling. Officials forecast that electricity deficits are set to worsen, leading to a reliance on imports, such as was the case in the 1990s. In the first three months of 2024 alone, tariffs rose by 26%. Electricity in Kazakhstan is currently generated by 222 power plants under various forms of ownership, with 84% coming from fossil fuels, hydropower accounting for 12%, and less than 2% coming from solar and wind installations as of 2019. Renewables had expanded to 5.92% by 2023, but the deficit continues to grow. Old-Timers and Newcomers On October 6 of this year, the Kazakhstani people will give the final answer in a referendum on whether nuclear power will become a component of their everyday lives or whether nuclear-phobia, connecting both the memory of atomic testing at Semipalatinsk and persistent distrust in the ability of officials to build something grandiose without embezzlement, will prevail. The example of the LRT (the project for elevated light-rail transportation in Astana, which was to be implemented back in 2013) stands as a stark monument to corruption which has even penetrated the cultural code of today's youth. One of the first episodes of a then-popular show hosted by politician and businessman, Bulat Abilov, was devoted to nuclear energy and the need to build nuclear power plants. Abilov's inspiration for this topic was Mukhtar Dzhakishev. The former Head of Kazatomprom and Deputy Minister of Energy and Mineral Resources, on November 10, 2009, Dzhakishev was charged with the theft of Kazatomprom property and the receipt of bribes, and was sentenced to fourteen years imprisonment. Subsequently found guilty on separate charges related to embezzlement, fraud, involvement in organized crime and the abuse of power, he was sentenced to a further ten years to run concurrent to his prior sentence. Dzhakishev was released in March 2020, but this episode has led neither man to change their position - nuclear power plants are the best thing for Kazakhstan in light of coming energy shortfalls. Agitators for the NPP, who also include the General Director of Kazakhstan Nuclear Power Plants JSC, Timur Zhantikin, and specialists from the Institute of Nuclear Physics of the Ministry of Energy, have, however, encountered vociferous opposition. Some still oppose the NPP, such as ecologist Mels Yeleusizov. The arguments among those resistant to construction of the NPP have long remained unchanged, with seismic hazards, radiophobia, and corruption at the forefront. The pressure on emotions has also remained unwavering, with slogans such...

Traditions Legislation Religion Cultural Heritage law Clothes State

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.

Rule of law Legislation Parliament Constitution Reforms Supreme Court

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...

Government law UNICEF Children Rights Violence Legislation

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.

Religion Islam Legislation Clothes

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."

Legislation Criminal Executive Code prisoners Human rights

Uzbekistan Adopts Law to Protect Prisoners’ Rights

Uzbekistan has introduced a new law to protect prisoners' rights. The new piece of legislation is formally called the law “On amendments and supplements to the Criminal-Executive Code of Uzbekistan aimed at ensuring the rights and legal interests of prisoners.” The Criminal Executive Code defines prisoners' rights to appeal to the ombudsman through the appeals box. Appeal boxes to the ombudsman will be installed in each residential sector of the Uzbekistan penal institutions, industrial zones, and buildings intended for holding short- and long-term meetings, where it is convenient for prisoners to leave appeals. In addition, appeal boxes for the children's ombudsmen will be installed in the educational colonies. It is reported that the boxes are opened only by the ombudsman, the children’s ombudsman, or the staff of their secretariats.