Legislation - The Times Of Central Asia

Viewing results 1 - 6 of 304

Media Freedom

Elon Musk Calls for Closure of RFE/RL and VOA: What Would It Mean for Central Asia?

Following recent discussions on the potential closure of USAID, which has already caused concern among journalists and public activists receiving its grants, Elon Musk has weighed in on more U.S.-funded institutions. The billionaire has called for the shutting down of Radio Free Europe/Radio Liberty (RFE/RL) and Voice of America (VOA) - media organizations funded by the U.S. government. Musk criticized the outlets, labeling their employees as “radical leftist lunatics who talk to themselves while burning through $1 billion a year of American taxpayer money.” However, in Central Asia, RFE/RL's affiliates differ significantly from their European counterparts. They are far from being “radical leftists” and, in general, do not adhere to any particular ideology. Nonetheless, these branches have faced their own controversies and increasing government restrictions. [caption id="attachment_28526" align="aligncenter" width="1024"] The headquarters of Voice of America, Washington, D.C.; image: Stierch[/caption] Allegations of Bias and Internal Controversy Concerns about RFE/RL’s editorial independence in Central Asia are not new. In 2019, former Radio Azattyk (RFE/RL’s Kazakh Service) editor Asem Tokayeva publicly criticized the network’s leadership under Abbas Javadi, an Iranian journalist who headed the Central Asian division. Tokayeva accused Javadi and Azattyk editor Torokul Doorov of turning the outlet into a propaganda tool for then-President Nursultan Nazarbayev. In response, Tokayeva published a series of allegations on Facebook in early 2019, and by April of that year, Javadi was dismissed. Around the same time, Radio Ozodi (RFE/RL’s Tajik service) director Sojida Jakhfarova was also removed from her position following public pressure from the Tajik opposition. Critics accused her of aligning the outlet’s editorial policies too closely with the government of President Emomali Rahmon. Shortly after, the editor-in-chief of the entire RFE/RL media corporation, Nenad Pejic, was also dismissed. Growing Government Restrictions Beyond internal scandals, RFE/RL’s affiliates in Central Asia have faced increasing government-imposed limitations: Tajikistan: Radio Ozodi has been periodically blocked in the country and has been inaccessible since 2021. Uzbekistan: Radio Ozodlik has faced long-standing access difficulties. Kyrgyzstan: In 2022, the Ministry of Culture officially blocked the Radio Azattyk website, citing content that was allegedly against state interests. Kazakhstan: In early 2024, 36 Azattyk journalists were denied accreditation by the Ministry of Foreign Affairs due to alleged national security concerns. RFE/RL leadership had to intervene to resolve the issue. RFE/RL’s Restructuring in Central Asia In 2023, RFE/RL announced plans to restructure its Russian-language editorial operations in Kazakhstan. The media corporation confirmed that instead of maintaining separate Russian and national-language services in Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan, it would consolidate its efforts into a single Central Asian bureau. “RFE/RL is fully committed to providing independent and impartial news to audiences across Central Asia in national languages and Russian,” said Karin Marie, Director of External Communications at RFE/RL. “We are working to strengthen our ability to cover the most important news in Russian, maximizing the efficiency and effectiveness of our internal structures and processes. We will pool our resources and talents to create a new regional unit covering all of Central Asia, including Kazakhstan....

Migration

Are Registry Errors Behind Migrants’ Bank Account Freezes in Russia?

Dozens of migrants in Russia have complained that they were wrongfully included in the newly launched Register of Controlled Persons, leading to blocked bank accounts, detentions at the border, and job dismissals, according to human rights activist Valentina Chupik. During the first two days of the registry's operation, 31 people sought Chupik's assistance: 13 were citizens of Kyrgyzstan, eight from Tajikistan, seven from Uzbekistan, and one each from Armenia, Azerbaijan, and Turkmenistan. Among them were three holders of Russian residence permits and one with a temporary residence permit. All claim they were added to the list without justification. The majority - 17 people - discovered their inclusion in the register through blocked bank accounts, with 12 of them clients of T-Bank. Four were notified by police following their detention, another four were denied entry at the Russian border, and one individual lost their job. Interviews with those affected revealed no valid reasons for their inclusion in the registry, except for four cases where there might have been formal grounds for entry bans. However, none of these migrants had received prior notification. In addition, five had previously faced unlawful restrictions: three were expelled, one was stripped of a residence permit, and another was banned from entry - though all these decisions were later overturned. Chupik advised migrants to withdraw their money from Russian banks immediately, warning that indiscriminate entries into the registry put their finances at risk. “Since they enter the register indiscriminately, I advise you to withdraw all your funds and send them home, leaving only the necessary minimum,” she said. Baza, a Telegram channel linked to Russian law enforcement agencies, also reported the mass blocking of hundreds of foreign nationals' accounts. Additionally, human rights activist Alexander Kim stated that refusals to provide state services, including migration registration, have become increasingly common. The Register of Controlled Persons was launched in summer 2024 following the adoption of a law on the expulsion of foreign citizens. The move came amid an anti-migrant crackdown that intensified after the Crocus City Hall terrorist attack. Foreign nationals included in the register face deportation and lose the right to register businesses and property in Russia.

Legislation

Kazakhstan Moves to Strengthen Penalties for Inciting Ethnic Hatred

The Ministry of Culture and Information of Kazakhstan has proposed tougher legislation to prevent interethnic and interreligious conflicts. Minister Aida Balayeva emphasized the need to strengthen legal responsibility for inciting discord, highlighting that approximately 4,000 religious associations representing 18 different confessions are registered in Kazakhstan. According to Balayeva, the existing legal framework should be reinforced. "It is necessary to accelerate the process of legal support for this issue," she stated. She added that the government continues to provide grant support to ethno-cultural associations as part of broader efforts to maintain interethnic harmony and unity. The ministry is also intensifying its fight against misinformation and working to enhance the security of the country’s information space. As part of these initiatives, the law "On Mass Media" was adopted. In 2023, authorities identified more than 67,000 violations of the law on online platforms, leading to the removal of over 18,000 pieces of content deemed unlawful. Additionally, efforts are underway to improve journalism standards, including specialized training programs for media professionals. Kazakhstan’s current legislation already imposes strict penalties for inciting social, national, tribal, racial, class, or religious discord. Under Article 174 of the Criminal Code of Kazakhstan, offenders can face imprisonment for up to 20 years. Several recent cases highlight the government's determination to enforce these laws. In January 2025, Kazakhstani journalist Dana Ormanbayeva was placed on an international wanted list on charges of inciting ethnic hatred. At the beginning of the year, Temirlan Ensebek, author of the satirical blog QazNews24, was arrested for two months for publishing material allegedly containing clear signs of inciting interethnic hatred by insulting representatives of an entire ethnic group.

Legislation

Citizens of Kyrgyzstan Can Now Choose Traditional Surnames Under New Law

Kyrgyzstan’s parliament has approved a bill allowing citizens to adopt surname spellings that reflect national traditions and historical heritage, rather than the conventional Russian-style endings. The legislation passed its third and final reading. MP Mirlan Samyakozho, one of the bill’s authors, explained that the changes will allow citizens to choose surnames without Russian endings while retaining the option to keep them. According to amendments to the Family Code and the Law on Civil Status Acts, new naming formats can now be used in official documents. Specifically: The suffix "uulu" (meaning "son of") may be added to male names. The suffix "kyzy" (meaning "daughter of") may be used for female names. Other variations using the genitive and initial case endings will also be permitted, such as "dyn/tyn," "din/tin," "dүn/tүn" for boys and "dan/tan," "den/ten," "dөn/tөn" for girls. In these cases, a patronymic name will no longer be required. Under the new law, a name like Baktybekov Uson Zhakshylykovich could now be recorded as: Baktybekov tegi Uson Baktybektegi Uson Zhakshylyktyn Baktybek Uson Baktybek Uson Zhakshylyk uulu Similarly, Baktybektegi Nurgul Zhakshylykovna could now be recorded as: Baktybektegi Nurgul Baktybektegi Nurgul Zhakshylyktan Baktybek Nurgul Baktybek Nurgul Zhakshylyk kyzy Following Kyrgyzstan’s independence in the 1990s, many citizens adopted traditional Kyrgyz surnames incorporating "uulu" and "kyzy." However, in the 2000s, a mass return to Russian-style surnames occurred, which authorities attributed to increasing external migration. The new law is intended to restore the option for Kyrgyz citizens to preserve their historical naming traditions in official documents.

Crime

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

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.