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Rule of law

Uzbekistan Has Ended Forced Labor, But Cotton Industry Faces New Challenges

Global Voices reports that Uzbekistan has succeeded in phasing out forced labor in its cotton industry, but now faces new challenges. The country has made progress in ending forced labor and modernizing its cotton sector, driven by economic and political reasons. Forced labor hurts businesses and the nation’s international image, which the government has aimed to improve since 2016. Cotton production accounts for 12% of GDP. Since 2017, the government has introduced major reforms to modernize Uzbekistan’s cotton industry, led by President Shavkat Mirziyoyev after he took office in 2016. By 2018, labor control was strengthened, and the cotton cluster system, which controls the entire production process, began to take shape. Today, almost all cotton is grown through 142 clusters. Cotton quotas have been abolished by 2020, and the minimum wage will now be negotiated. The same year, the International Labor Organization reported that child labor was no longer a problem, and the international boycott was lifted in 2022. Eradicating forced labor has been hailed as “one of the most significant victories anywhere in the world in the battle against forced labor in the twenty-first century,” said Bennett Freeman, co-founder of the Cotton Campaign in 2022. This achievement was possible thanks to the diligence of organizations such as human rights defenders of Uzbekistan and the Uzbekistan Forum for Human Rights, which monitored the cotton fields and recorded violations, as well as the government's promptness in reviewing these reports. Global Voices writes that despite the progress achieved in Uzbekistan's cotton industry, there are still serious problems. The report states, “Despite abandoning forced labor, the government still continues to exert strong control over cotton production and prevents farmers from fully operating on their own terms.” Farmers receive resources and loans, but the system remains inefficient, with state-set cotton prices often differing from global rates. The government and industry need to address these ongoing issues while pursuing international standards and export opportunities to build trust and transparency.

Court Cases

Alisher Usmanov Wins Court Case Against German TV Channel ARD

The Hamburg court news about Uzbek-born billionaire Alisher Usmanov was broadcast by the German TV channel ARD as unreliable. ARD accused Alisher Usmanov of creating a system of bribing International Fencing Federation (FIE) judges. According to the report, the court found the information published by the ARD channel unreliable and banned its distribution as “inappropriate news based on suspicion.” If the court order is violated, the violator will be fined up to 250,000 euros per episode or imprisoned. Alisher Usmanov’s press service highlighted that between 2022 and 2024, several European media outlets, particularly in Germany, acknowledged their inability to substantiate accusations against the businessman and signed written agreements to cease their unlawful dissemination of information. To date, approximately 30 such declarations have been made in favor of Usmanov. As a result of legal proceedings, the businessman’s legal team obtained numerous orders preventing the spread of false information by European media. “One of the most significant was the court decision issued in January 2024 to ban the statements made about Usmanov by the American magazine Forbes, which became one of the key elements in justifying the introduction of EU sanctions against him. Earlier, Usmanov also won a lawsuit against the Austrian newspaper Kurier,” the press service emphasized. The court appeal was triggered by two articles and a video report about fencing at the Paris Olympic Games, aired by Germany’s ARD channel in August 2024. In them, journalist Hans-Joachim Seppelt accused Alisher Usmanov, who stepped down as FIE president in early 2022 due to EU sanctions, of creating a system to “bribe referees.” The FIE management officially denied these accusations. According to the press service, the German Internet publication Sport1.de and the Austrian newspaper Krone.at, which republished ARD's false statements, corrected their materials at the request of Usmanov’s lawyers. However, the ARD TV channel refused to fix the inaccurate information voluntarily. “There is no evidence other than gossip spread by dubious witnesses, invented insinuations, speculation, and rumors. Respect for truth, human dignity, and the dissemination of reliable information are the foundations of the German code of journalistic ethics, which was grossly violated by the state broadcaster,” summarized lawyer Joachim Steinhöfel, representing Usmanov in court. As of August 15, 2024, Russian billionaire Alisher Usmanov is the 132nd richest person in the world, with a wealth of estimated $15.4 billion.

Rule of law

World Justice Project: Kazakhstan Leads, Uzbekistan Improves, Kyrgyzstan Drops

The World Justice Project has announced the 2023 ranking of countries based on the rule of law. The ranking is based on eight indicators across 142 countries, which include constraints on government powers, the absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice. Denmark, Norway, and Finland occupy the highest places on the list. Kazakhstan has the highest score among the countries of Central Asia, placing in 65th. The country's ranking in terms of corruption, order and security, and civil justice all improved. Uzbekistan placed in 78th, with its indicators for order and security particularly high; the state is listed 17th in this category, with indicators for the absence of corruption also positive. Both Kazakhstan and Uzbekistan have improved their ranking by 2 points compared to last year. Kyrgyzstan, meanwhile, dropped one place to 103rd, whilst Tajikistan and Turkmenistan are not included in the rankings.

Rule of law

Former Prosecutor General Beknazarov Detained in Kyrgyzstan

A former member of the Provisional Government and former Prosecutor General, Azimbek Beknazarov, has been detained in Kyrgyzstan. The State Committee for National Security (SCNS) said he is suspected of embezzling significant sums of money. The money in question was seized in April 2010 from bank boxes and the Government House during the revolutionary events. The investigation found that Beknazarov, then a member of the Provisional Government, was involved in the theft of these funds through the purchase of expensive real estate in Kyrgyzstan, including in Issyk-Kul, Bishkek, and the Chui and Jalal-Abad regions. “On September 12, 2024, A. Beknazarov was detained and placed in the temporary detention facility of the SIZO of the SCNS KR on suspicion of committing a crime under Article 222 part 3 p.3 of the Criminal Code of the Kyrgyz Republic (Legalization, laundering of criminal proceeds in large amounts),” the SCNS said in a statement. According to the investigation, the funds were allegedly seized from several bank boxes with the permission of the Bishkek prosecutor. At that time, $21 million belonged to President Kurmanbek Bakiyev's cronies. These funds were transferred to the National Bank for safekeeping. However, according to unconfirmed reports, the seized funds may have reached $100 million, which led to rumors that some money did not get into the vault. Azimbek Beknazarov is one of the key figures in Kyrgyz political life. He served as Prosecutor General and Deputy Prime Minister of Roza Otunbayeva's interim government from 2005 to 2010. Beknazarov was also actively involved in the coups d'état of 2005 and 2010, for which he was nicknamed “the bulldozer of revolutions.” The politician was also among the defendants in the “Kempir-Abad case”, in which he was acquitted in June 2024 with his associates.

Justice

Tokayev Pardons Chinese Scholar Konstantin Syroezhkin

The Kazakh political analyst Andrei Chebotaryov has announced on his Telegram channel that President Kassym-Jomart Tokayev has pardoned a scholar of Chinese studies, Konstantin Syroezhkin, who was convicted of treason in 2019. “On the proposal of the Commission on pardon issues under the President of the Republic of Kazakhstan, the head of state Kassym-Jomart Tokayev pardoned the doctor of political sciences and professor Konstantin Syroezhkin by an appropriate decree. In this regard, his criminal record was removed, and his rights were restored. In general, justice has triumphed! I wish our colleague and mentor good health and new scientific achievements!”, Chebotaryov shared. Syroezhkin was arrested in February 2019 in a criminal case of high treason. The case caused widespread outrage, especially in scientific circles. At the same time, little is known about it. The trial was closed, and the circumstances of the case were not disclosed. In October 2019, Konstantin Syroezhkin was found guilty of high treason and sentenced to 10 years in prison by the specialized inter-district criminal court of Almaty. In April 2024, the appellate panel granted Syroezhkin's appeal and released him on parole with probation supervision for the remaining term of four years, five months, and 22 days. The board concluded that Syroezhkin's exemplary behavior, conscientious attitude to work, and participation in prison life proved he did not need to serve the entire sentence. Syroezhkin has been engaged in Oriental studies for many years and has had a long academic career in Kazakhstan. Earlier, he worked at the Institute of Uyghur Studies of the Academy of Sciences of the Kazakh SSR and at Kazakhstan's Center of Oriental Studies of the Academy of Sciences. During the investigation that ended his career, Syroezhkin was chief scientific officer of the Kazakhstan Institute for Strategic Studies, from 2006 to 2019. Among his significant works are such studies as “Modern Xinjiang and its Place in Kazakhstan-China Relations,” “Kazakhstan-China: From cross-border Cooperation to Strategic Partnership,” and “Should Kazakhstan be Afraid of China: Myths and Phobias.” He has also researched the life of Kazakhs in China, which became his work “Kazakhs in China: Sketches of Socio-Economic and Cultural Development.” It is worth noting that other well-known scientists have also been convicted in Kazakhstan. For example, in 2011, the leader of the country's Sufi community and a Doctor of Technical Sciences, Professor Sayat Ibrayev, was sentenced to 12 years in prison on charges of “organizing a criminal group.” The same year, he was nominated in absentia for the Alikhan Bukeikhanov Award of the Union of Journalists of Kazakhstan.

Legislation

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...