The Ankara Center for Crisis and Policy Studies (ANKASAM) presents the views of Assoc. Prof. Rustam Atadjanov, Interim Dean of the Faculty of Law at KIMEP University, to evaluate the legal influences of Central Asian countries.
1. What future vision do Central Asian countries have within the framework of international law, and what steps are being taken to achieve this vision?
Central Asian states, comprising Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan, share a unique geopolitical position and historical background that shape their vision within the framework of international law. In my view, this vision is fundamentally aligned with securing their sovereignty, enhancing regional cooperation, and integrating into the global economy, while also addressing regional security challenges and environmental concerns. Each of these domestic contexts, while pursuing its national interests, is taking steps to achieve this vision through various legal and diplomatic avenues.
Sovereignty and Territorial Integrity: A cornerstone of the Central Asian states’ future vision within international law is the unwavering commitment to sovereignty and territorial integrity. Post-Soviet Central Asia has been marked by efforts to consolidate national identity and sovereignty while navigating complex relationships with powerful neighbors like Russia and China. Kazakhstan and Uzbekistan, in particular, have actively engaged in demarcating borders and signing treaties to affirm their territorial integrity, striving to prevent any external infringements. Considering the ongoing negative developments and armed conflicts in a wider region, this is more than justified. Kyrgyzstan and Tajikistan have also made certain strides in resolving border disputes, aiming for stability that is crucial for regional security and cooperation.
Regional Cooperation and Integration: Central Asian countries are increasingly recognizing the benefits of regional cooperation and integration, not only economically but also in terms of security and environmental sustainability. Initiatives such as the Central Asia Regional Economic Cooperation (CAREC) Program and the establishment of the International Fund for Saving the Aral Sea (IFAS) underscore the region’s commitment to collaborative solutions underpinned by international law. Uzbekistan’s recent open-door policy and Kazakhstan’s role in fostering regional dialogues, such as the Astana peace talks for Syria, are indicative of a proactive approach to diplomacy and regional stability.
Human Rights and Rule of Law: Despite varying degrees of progress among the five countries, there is a shared acknowledgment – at least, stated acknowledgement, of the importance of human rights and the rule of law as fundamental components of their vision within international law. Kyrgyzstan, for instance, has been noted for its relatively vibrant civil society and efforts towards judicial reforms. Kazakhstan has embarked on constitutional reforms aimed at strengthening the rule of law and ensuring more balanced powers within the government. These steps, although incremental, reflect a broader regional trend towards embracing legal norms that safeguard human rights. However, serious challenges remain in fully realizing these ideals.
Economic Development and Integration into the Global Economy: Central Asian states envision an economic future that is more integrated with the global economy, facilitated through adherence to international legal standards and agreements. Kazakhstan’s membership in the World Trade Organization and its role as a non-permanent member of the United Nations Security Council are testament to its engagement with global economic and legal norms. Uzbekistan’s recent reforms, aimed at liberalizing its economy and improving its investment climate, are also designed to align with international standards to attract foreign investment. I believe such steps are essential for these countries to diversify their economies, reduce dependency on natural resources, and enhance economic resilience.
Environmental Sustainability and Climate Change: The environmental challenges facing Central Asia, including water scarcity and the degradation of the Aral Sea (from which I suffered myself), are severe. The states of the region are taking steps – albeit somehow modest, to address these issues within the framework of international environmental law. Collaborative efforts, like the IFAS, and participation in international conventions on climate change, indicate a recognition of the need for a unified approach to environmental sustainability. These actions highlight the region’s commitment to sustainable development goals (known as SDGs), aiming to balance economic development with environmental preservation.
In conclusion, the future vision of Central Asian countries within the framework of international law is marked by a commitment to sovereignty, regional cooperation, human rights, economic integration, and environmental sustainability. This is surely a noble vision I must say. While challenges remain, including the need for deeper and much more principled and systemic reforms including reforms of the judiciary, stronger institutional frameworks, more efficient fight against corruption, and more effective implementation of international legal norms, the steps being taken by these countries reflect a positive yet realistic approach towards achieving their vision. By navigating their unique geopolitical contexts and leveraging their collective strengths, Central Asian states are actively contributing to a more stable, prosperous, and legally coherent regional order. But they have a long journey to go in order to eventually achieve that remarkable vision.
2. What significant progress has been made in the development of international law in Central Asia in recent years?
In recent years, Central Asia has witnessed significant strides in the development and reinforcement of international law, with each country in the region taking notable steps to align their legal frameworks and judicial practices with global standards. At the risk of sounding way too optimistic, I should say that these efforts not only underscore a commitment to international norms but also signal a broader shift towards more transparent, accountable governance structures. Below are key examples of progress across the region, showcasing initiatives ranging from judicial reforms to the abolition of the death penalty. I will go context by context, and will also note the regional collaboration.
Kazakhstan: A landmark achievement in Kazakhstan’s legal landscape was the abolition of the death penalty, a move that aligns the country with international human rights standards. Announced in 2021, this decision represents a significant step towards enhancing human rights protections in Kazakhstan. The abolition of the death penalty is a clear indication of Kazakhstan’s commitment to upholding the sanctity of life as enshrined in international legal instruments, such as the International Covenant on Civil and Political Rights (ICCPR), to which Kazakhstan is a state party. This decision not only marks a pivotal shift in the country’s criminal justice system but also sets a precedent for human rights advancements in the region.
Uzbekistan: Since 2016, Uzbekistan has embarked on comprehensive judicial reforms aimed at strengthening the rule of law and ensuring greater alignment with international legal standards. A significant aspect of these reforms is the revitalization of its Constitutional Court, enabling it to play a more active role in safeguarding human rights and freedoms. The Constitutional Court’s enhanced mandate to review laws for compliance with the Constitution before they are enacted as well as the possibility to review individual petitions underscores a proactive approach to preventing legal infringements and aligning national legislation with international norms. Furthermore, Uzbekistan’s reforms have extended to improving the independence and accountability of the judiciary (though problems remain), thereby reinforcing the legal framework necessary for the protection of rights and the fair administration of justice.
Kyrgyzstan: This state has demonstrated a commitment to strengthening human rights protections through legislative and institutional reforms. Notably, the country has taken steps to enhance the effectiveness of its National Human Rights Institution (NHRI), aligning its operations with the Paris Principles, which set out the international standards for NHRIs. This includes efforts to ensure the NHRI’s independence, broaden its mandate, and increase its capacity to address human rights issues. Kyrgyzstan’s initiatives in this area reflect an understanding of the importance of robust, independent institutions in safeguarding human rights and implementing international legal standards at the national level.
Turkmenistan: Although less encouraging, Turkmenistan has shown some signs of increased engagement with international human rights mechanisms, such as the Universal Periodic Review (UPR) process under the United Nations Human Rights Council. By participating in the UPR, Turkmenistan has committed to reviewing the recommendations made by other countries and has taken steps towards implementing changes to improve its human rights record. This engagement demonstrates an openness to international scrutiny and a willingness to align national practices with global human rights standards.
Regional Cooperation: Central Asian countries have also made progress in the development of international environmental law through regional cooperation initiatives. The collaborative efforts to address the critical issue of water resource management in the Aral Sea basin are a testament to this progress. The IFAS that I mentioned earlier above though facing challenges represents a regional commitment to addressing environmental degradation and promoting sustainable development through international legal frameworks. These efforts underscore the recognition of shared environmental challenges and the importance of collective action in accordance with international environmental norms.
In sum, the progress made in the development of international law in Central Asia is multifaceted, encompassing reforms in human rights protections, judicial independence, environmental law, and the abolition of the death penalty. These initiatives, while at different stages of implementation across the region, collectively contribute to the gradual alignment of Central Asian legal systems with international norms and standards. The steps taken by these countries not only enhance their legal frameworks but also contribute to the broader global discourse on human rights, environmental sustainability, and the rule of law, signaling a positive trajectory towards compliance with international law.
3. How do you think Central Asian countries can produce effective solutions to regional and global problems through cooperation in the field of international law?
Central Asian countries, through recent progress in aligning their legal frameworks with international standards and norms (see above), have laid a foundational platform for enhanced regional and global cooperation in addressing multifaceted challenges. As demonstrated by significant steps such as Kazakhstan’s abolition of the death penalty, Uzbekistan’s judicial reforms, and collaborative efforts in environmental law, these nations have shown a growing commitment to the principles of international law despite the challenges the have to face. This commitment is crucial for fostering cooperation that can produce effective solutions to regional and global problems.
The key to leveraging international law for regional and global problem-solving lies in the shared recognition of its value in promoting peace, security, and sustainable development. Central Asian countries, by continuing to integrate international legal norms into their domestic legal systems, can strengthen their collective ability to address issues such as water scarcity, environmental degradation, and transnational security threats. The IFAS may serve as a good example of how regional cooperation, underpinned by legal commitments, can address environmental crises with global implications.
Moreover, enhancing regional cooperation in the field of international law can also facilitate a unified approach to global diplomacy and negotiations, allowing Central Asian countries to assert their interests more effectively on the world stage. By aligning their legal reforms and policy initiatives, these nations can present a cohesive stance in international forums, advocating for legal principles that reflect their regional priorities and concerns. One might call it a step towards regional integration which still has a long way to go in Central Asia.
Ultimately, the continued development of legal and institutional frameworks in accordance with international standards, coupled with a commitment to collaborative problem-solving, positions Central Asian countries to contribute significantly to global efforts in addressing pressing challenges. This approach not only reinforces the region’s stability and prosperity but also enhances its role as a constructive participant in the international community, capable of contributing to effective solutions through the lens of international law.
Being an educator, I must also state the following. Incorporating the values of law and the ideals of the rule of law into the higher education system in Central Asia is pivotal for amplifying the region’s contribution to solving local and global problems through international law. By enhancing the quality of legal education and emphasizing the importance of international legal standards, universities and law schools / colleges can equip the next generation of leaders, policymakers, and legal professionals with the knowledge and skills needed to address complex challenges. A robust legal education that includes a thorough understanding of the tenets of international law can foster a deeper commitment to justice, law-state, human rights, and environmental sustainability among future decision-makers. This educational focus not only prepares individuals to navigate the intricacies of international law effectively but also instills a sense of responsibility towards global citizenship. As these educated professionals enter the workforce, their influence can extend beyond national borders, contributing to more informed, cohesive, and effective regional and international collaborations. Therefore, investing in higher education that prioritizes the rule of law and international legal principles is essential for empowering Central Asian countries to play a more proactive and influential role in crafting solutions to the pressing issues facing the world today.
