Legislation - The Times Of Central Asia

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Migrants

Proposed Temporary Moratorium on Russian Citizenship for Central Asians

Sergey Mironov, leader of the “A Just Russia – For Truth” party, has written on his social media page of the necessity to introduce a temporary moratorium on granting Russian citizenship to immigrants from Central Asia. Since problems related to migration are currently central to the attention of legislators, he believes that the party's previous proposal of a similar initiative should be revisited. According to Mironov, the state should oppose "mass passports for workers" and protect its interests in national security, by introducing a moratorium on granting Russian citizenship to residents of Central Asian countries, “at least until 2026. And during this time, it will be possible to regulate the legislation, reform the migration service, clear it of bribe-takers, and check the legality of previously issued passports." Mironov's recommendation follows in the wake of a previous report by The Times of Central Asia and the President of Uzbekistan's opinion that the increase in geopolitical tensions and disputes, as well as the lack of mutual trust, harm the development of international cooperation in the fight against the threats of terrorism and extremism.

Legislation

Kyrgyzstan Tightens Gambling Regulations

New rules and requirements for casinos have recently been introduced in a decree signed by Head of the Kyrgyz Cabinet of Ministers, Akylbek Japarov, “On gambling activities in Kyrgyzstan.” In accordance with the document, all transactions taking place within casinos are to be recorded on video cameras installed at cash, currency exchange and registration desks, and all activities in gambling establishments must be filmed in real-time. Recordings must be accessible for at least one month and can be stored for up to three months. Under the new rules, slot machines can only be installed in casinos and gaming zones must be at least 200 square meters. The decree also states: “Bookmaker offices and totalizators can be opened based on a license to organize and conduct gambling in betting offices or totalizators located only in the casino." Gambling establishments have been banned in Kyrgyzstan since 2012. The situation then changed in 2022, when new authorities permitted the reintroduction of casinos, albeit confined to places designated for foreign citizens.

Legislation

Kyrgyzstan Wants to Extend Prison Terms for “Calls to Seize Power”

Kyrgyzstan's Interior Ministry has proposed toughening the criminal penalties for inciting violent seizures of power. The ministry has tabled an amendment whereby those found to have breached Article 327 of Kyrgyzstan's Criminal Code (“Public calls for violent seizure of power”) could face between three and five years in prison. The Criminal Code currently only sets out a fine of 20,000 to 50,000 som ($236 to $590), or imprisonment of up to three years. The draft law has been submitted for public discussion. In Kyrgyzstan, it is not uncommon for civic activists and those who criticize the current government to be arrested on charges of "public calls for violent seizure of power". Among Kyrgyz citizens to have been convicted of this charge are Zarina Torokulova and Kanykei Aranova, who are both currently in prison after posting messages on social media. Their sentences are harsher than the law currently calls for: Torokulova was sentenced to five years in prison in 2023, while this year Aranova was sentenced to three and a half years. In June 2024, 20 Kyrgyz citizens who peacefully protested against a land swap with Uzbekistan involving the Kempir-Abad reservoir were acquitted by the court, but the prosecutor's office appealed the court's decision, demanding that they be found guilty. Furthermore, the Interior Ministry proposes increasing the prison term to five to seven years if the offense is committed by a group of individuals, or by using the internet or mass media. The current punishment is a fine of 50,000 to 100,000 som ($590 to $1,185) or imprisonment for three to five years. The draft bill also proposes to criminalize public calls for extremist activity and possession of extremist materials if a person has previously received a warning. For this purpose, new articles will be added to the Criminal Code: “Possession of extremist materials” and “Public calls for extremist activities.”

Legislation

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.

Referendum

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...

Legislation

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.