Legislation - The Times Of Central Asia

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Abenov Among Kazakh Deputies Targeting Bride Kidnapping

Kazakhstani parliamentarian Murat Abenov has proposed introducing a specific article in the Criminal Code to criminalize bride theft, suggesting prison terms of up to ten years. While some lawmakers support his initiative, others believe existing laws are sufficient to address such crimes. Proposal to Address Bride Theft According to Abenov, three crimes against women have been recorded this year under Article 125 of the Criminal Code, which covers “Kidnapping.” However, Abenov believes the actual number of such cases is significantly higher. For instance, over the past three years, 214 women filed complaints related to bride theft, but only ten cases went to trial. Abenov has proposed a separate article in the Criminal Code to specifically address bride theft, with penalties designed to reflect the severity of the crime. His proposal includes: A minimum sentence of two years in prison or a fine of 2,000 monthly calculation indices (MCI), equivalent to 7.8 million KZT ($15,000), for kidnapping a woman to force her into marriage; If the abducted woman is under 18, if force is used, or if the crime involves multiple perpetrators, the penalty would increase to a fine of 5,000 MCI (19.6 million KZT or $37,800) or three to five years in prison; and In cases where unintentional harm to the victim’s health occurs during the abduction, the sentence could be up to ten years in prison. "If a woman is held against her will and subjected to psychological or physical pressure, the law must protect the victim," Abenov emphasized, confirming that the proposal has already been submitted to a working group for consideration. Debate Among Lawmakers This is not the first time the issue of bride theft has been raised in Kazakhstan’s parliament. In December 2023, another Mazhilis deputy, Yedil Zhanbyrshin, introduced a similar initiative, which was supported by Mazhilis Speaker Yerlan Koshanov. However, that proposal was not formalized into legislation. Some deputies argue that existing laws, such as Article 125, are sufficient. This article provides for imprisonment of four to seven years for kidnapping, regardless of the victim’s identity. "We already have articles in the Criminal Code addressing illegal detention and kidnapping. I’m not convinced we need to specify that it’s a fiancée. What’s the difference? Whether I kidnap a child, an adult, or a senior citizen, it is already a criminal offense," said MP Aidos Sarim. Bride Theft in Central Asia As The Times of Central Asia previously reported, 18 criminal cases of bride theft were initiated in Kazakhstan in 2023. Six of these cases occurred in the country’s largest city, Almaty, while one was recorded in the capital, Astana. Circumventing the bride price, alyp qashu – “take and flee” - is a ritual form of bride-snatching endemic throughout much of Central Asia. With the Soviets having destroyed swathes of local identity, debate rages as to the ethnographic roots of the practice, but what is certain is that it was on the increase in the 2010s. Most prevalent regionally in Kyrgyzstan, where it is known as Ala...

Rule of law Legislation officials Anti-Corruption

Kazakhstan Proposes Polygraph Testing for Law Enforcement Officials

Kazakhstan’s General Prosecutor’s Office has drafted a decree proposing the use of polygraph examinations when appointing law enforcement officers to senior positions. Previously, there had been discussions about requiring all government job applicants to undergo lie detector tests. According to the proposal, polygraph testing could be applied to candidates for leadership roles in all law enforcement agencies, state protection services, and the State Courier Service. “The main objectives of the test are to identify hidden negative motives for seeking employment in law enforcement agencies, including affiliations with banned public associations, criminal organizations, and terrorist groups,” the draft states. Additionally, polygraph tests would aim to detect potential issues such as alcohol or drug addiction, gambling problems, concealed illnesses, suicidal tendencies, undisclosed income, dual citizenship, or the use of forged documents. Candidates may also be questioned about corruption-related offenses, unauthorized disclosure of classified or official information, and abuse of power. “The examination of an employee from a law enforcement agency, civil protection agency, or the State Courier Service of the Republic of Kazakhstan will be conducted when they are nominated for higher managerial positions - whether as part of regular or unscheduled attestation or through a competition for a leadership role. It may also be used during official investigations, with the individual's consent,” the draft decree states. The proposal, published on the Open NPA portal, is open for public discussion until February 14, 2025. Kazakhstan established a legal framework for polygraph use late last year. However, this is not the country’s first attempt to introduce lie detector tests for civil servants. In 2010, members of the Nur Otan party proposed using polygraphs to screen government officials involved in financial matters. At that time, the plan covered all government departments - both law enforcement and civilian - though it faced greater resistance from the latter. Ultimately, the proposal was not implemented in the civil service. Now, 15 years later, discussions have resumed, though with a narrower focus on law enforcement personnel. As The Times of Central Asia previously reported, Kazakhstan also has plans to establish a register of corrupt officials.

Legislation Telecommunications internet access

Kazakhstan Plans to Ban Starlink and Other Satellite Communication Systems Face Backlash

Kazakhstan is considering a ban on the import of Starlink and other satellite communication devices, a move that has sparked opposition from experts and the public. In December 2024, authorities proposed a draft regulation prohibiting the import of satellite communication equipment from major manufacturers, including Thuraya, Iridium, Inmarsat, and Starlink. The proposal quickly ignited public debate on the Open ABO portal, with most commentators opposing the measure. Following a wave of criticism, the draft was sent for revision. National Security Concerns The ban would apply to satellite phones and terminals commonly used by emergency services, maritime fleets, and travelers in areas lacking traditional communication networks. The Ministry of Digital Development defends the restriction as a national security measure, citing Article 23 of Kazakhstan’s Law on National Security. The law prohibits the operation of foreign-controlled communication networks within the country. Authorities have suggested requiring local oversight of satellite devices. Industry and Legal Concerns Industry representatives and legal experts, however, have raised strong objections. Safety Risks: Alexey Korchagin, a representative of satellite communications partner ZHARYQ LLP, warns that restricting satellite communication could jeopardize lives. He argues that alternatives such as Eutelsat-OneWeb and Amazon Kuiper cannot fully replace Thuraya, Iridium, and Inmarsat, as their functionality differs. Unlike bulky VSAT terminals, mobile satellite phones are compact, easy to use, and designed for emergencies. Control Over Information: Lawyer Yelzhan Kabyshev sees the ban as part of a broader effort to control information flows. He points to previous cyber-control measures, including security certificates and data interception policies. He also questions the transparency of the decision-making process, particularly after the January 2022 unrest, which led to criminal cases against top National Security Committee officials. A Growing Black Market: Experts argue that the ban will not eliminate security risks, as the devices could still be smuggled into the country. Korchagin warns that such restrictions could fuel the "gray" market, making it harder to regulate and potentially increasing security threats. Alternative Solutions Instead of an outright ban, experts recommend cooperation with satellite operators to ensure regulatory oversight without compromising essential communication services. Meanwhile, Kazakhstan is working to expand internet access in remote areas. In 2024, a pilot project connected nearly 2,000 rural schools to Starlink satellite internet. The Ministry of Digital Economy has stated that the ban will not affect these connections, though the long-term future of the project after 2026 remains uncertain.

Legislation USAID US aid Trump Foreign Policy United States Trump Administration

USAID Freeze Leaves Central Asian NGOs in Limbo

On January 20, U.S. President Donald Trump signed an executive order suspending funding for most foreign aid programs for 90 days. The move has raised concerns among non-governmental organizations (NGOs) in Central Asia, particularly in Kazakhstan, which has long benefited from U.S. assistance. The order reads: “All heads of departments and agencies responsible for United States foreign development assistance programs shall immediately suspend new commitments and disbursements of development assistance funds to foreign countries and non-governmental implementing organizations, international organizations, and contractors pending a review of such programs for effectiveness and consistency with United States foreign policy to be conducted within 90 days of this order.” Following this directive, U.S. Secretary of State Marco Rubio instructed all diplomatic and consular agencies to issue “stop-work orders” for nearly all active foreign assistance programs. Impact on Kazakhstan and Central Asia According to reports, the funding freeze is expected to affect university grant programs, entrepreneurial initiatives, gender diversity projects, and environmental efforts. The Trump administration has justified the decision by citing the need to reassess spending priorities. Kazakhstan and other Central Asian countries have received U.S. aid for decades. USAID, in particular, has played a significant role in regional development. The agency’s website states: “In Kazakhstan, USAID promotes the U.S. government's Central Asia Strategy, which supports and strengthens the sovereignty and independence of Central Asian countries, both individually and collectively. It also promotes regional connectivity between Central Asia and Afghanistan, advances the rule of law and respect for human rights, and improves the climate for U.S. investment to foster greater regional stability and prosperity.” Since 1992, USAID has funded projects in Kazakhstan focusing on economic diversification, energy, environmental protection, healthcare, and support for media and NGOs. In addition to funding NGOs, USAID collaborates with KazAID, Kazakhstan’s foreign aid agency operating under the Ministry of Foreign Affairs. Reactions from NGO Leaders Denis Dzhivaga, director of the Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR), told The Times of Central Asia that the aid suspension had been anticipated. “Such a measure was expected," said Dzhivaga. "Even during the election campaign and Trump’s previous presidency, it was clear that he prioritized domestic policy over foreign influence. All NGOs working with USAID and receiving State Department assistance have received letters to halt projects.” However, Dzhivaga noted that KIBHR has limited cooperation with U.S. agencies, so the impact on his organization will be minimal. “In any case, this will negatively affect the NGO sector. The suspension is for three months pending an audit, but even USAID does not seem to know what will happen afterward. I don’t think U.S. assistance to Kazakhstan and Central Asia will stop entirely, but certain projects may be reconsidered - especially those related to discrimination, gender issues, and LGBT rights, as President Trump has already expressed opposition to such initiatives.” Replacing U.S. funding with alternative grants will be challenging, he added. “European donors are already struggling to finance Ukraine, so they are unlikely to allocate substantial funds elsewhere. Many U.S.-backed...

Legislation Labor Social protection Social Security

New Labor Code Comes Into Force in Kyrgyzstan

A new Labor Code has been implemented in Kyrgyzstan, introducing significant changes to labor relations in the country. The updated code includes provisions for remote work, digital labor records, and streamlined labor contracts. Additionally, relations between employees and employers will now be regulated by a separate law, “On Social Partnership.” President Sadyr Japarov signed the new Labor Code into law following its approval by Kyrgyzstan’s parliament. The reforms aim to modernize the nation’s labor practices by accelerating the digitalization of processes. Under the new code, paper labor contracts are no longer mandatory. Instead, electronic contracts will suffice for official use and inspection purposes. One of the notable provisions in the code allows for remote and hybrid work arrangements. “The labor contract, by agreement of the parties, may establish both remote work and combined remote work,” states the law, marking a shift toward more flexible employment practices. The reforms also address labor books, which traditionally served as a lifelong record of an individual’s work history. Citizens now have the option to use digital labor books, though paper versions remain valid. However, the exact platform or system for storing the digital data has yet to be determined. Another change eliminates the longstanding practice of shifting days off to accommodate public holidays. Previously, the Ministry of Labor, Social Security, and Migration could declare surrounding weekdays as non-working days. Under the new code, this practice has been discontinued, reducing the total number of non-working holidays. The Labor Code introduces several worker protections. Employers are now required to provide lump-sum benefits in the event of labor-related injuries or the death of an employee. A single penalty rate of 0.25% has been established for late payments of wages, vacation pay, severance pay, and other compensation. Employees will also have a three-year limitation period to file wage-related disputes. Additionally, the code prohibits the employment of pregnant women and nursing mothers in hazardous or physically demanding jobs, further strengthening workplace protections for vulnerable groups. These reforms are expected to streamline labor relations, improve worker protections, and align Kyrgyzstan’s labor policies with modern international standards.

Legislation Social Religion life and culture Public Security

Kyrgyzstan Tightens Regulations on Religious Activities

Kyrgyzstan’s President Sadyr Japarov has signed into law a series of amendments regulating the religious sphere. The amendments, approved by the Kyrgyz parliament on December 26, 2024, aim to ensure the rights of citizens while establishing clear responsibilities for religious associations in accordance with the Law "On Freedom of Religion and Religious Associations." Key Provisions of the Amendments The new legislation introduces several notable restrictions and guidelines: Prohibition of Face-Covering Clothing: Clothing that obscures a person’s identity, such as the niqab, is now banned in government offices and public places. Exceptions include clothing required for work or for medical purposes. Prohibition of Coercion in Religious Conversion: The amendments ban any form of coercion aimed at converting individuals to a particular religion. This includes targeting followers of other faiths, religiously neutral individuals, or atheists. Restrictions on Religious Ceremonies: Religious ceremonies, meetings, and other religious events are now prohibited in nursing homes, homes for the disabled, correctional institutions, pre-trial detention centers, and military units. Invitations to religious figures or preachers from foreign religious organizations for such events are also prohibited. Limitations on Religious Organizations: Religious organizations are prohibited from interfering in the activities of state authorities or local governments. Dissemination of religious literature, audio, and video materials in public places, educational institutions, or through door-to-door efforts is banned. Restrictions on Political and Electoral Activities: Political parties cannot be established on a religious basis, nor can they be financed by foreign entities. Civil servants are barred from engaging in religious activities, and religious materials cannot be used in electoral campaigns. Prohibition on Religious Terms in Business Names: The Kyrgyz Cabinet of Ministers approved list of religious words and terms that cannot be used in the names of businesses or legal entities. Prohibited terms include references from various religions, such as “Jesus Christ,” “The Bible,” “Jihad,” “Krishna,” “Kosher,” “Hajj,” and “Caliphate,” among others. Expanding Oversight of Religious Activities The new laws reflect the Kyrgyz government’s growing efforts to exert control over the religious sphere in the predominantly Muslim nation. Kyrgyzstan leads Central Asia in terms of the number of mosques per believer, with 3,593 mosques across the country as of 2024. Of these, 46 are registered in Bishkek and 89 in Osh. The country also has 220 religious educational institutions, most of which are located in the southern Osh region. The restrictions on religious literature, events, and political activity come amid broader efforts to regulate religious influence on public and political life. Implications for Religious Organizations The prohibition on using religious terminology in business names has drawn particular attention, as the banned terms include key concepts from Islam, Christianity, and other major religions. This move could limit the visibility of religious organizations and restrict their operations in the public sphere. Additionally, the ban on foreign preachers in sensitive locations, such as prisons and military units, underscores the government’s intent to limit external religious influence and maintain tighter control over religious practices within the country. Kyrgyzstan’s amended laws mark a significant tightening of state regulation...