f ae polm i Central in problems water of leadership importance the the recognize by to all and of Kyrgyzstan first of the by done people be must lot A Asian politics. Bazarbay Mambetov: reasoning. ”- u i wl nt explode. not WiththiscouldI will it but everything boils and rages, the ‘lid is off the cauldron’; takingareplacehere,and processesof development the since Asia Central statein stable most the is Kyrgyzstan development, view of such a paradigm the of In explosions. social possible of accumulation sign of stagnation or a instability.latent Any stability is a Central Asian aff AsianCentral dent platform for dialogue on public policy issues. The Institute provides expert consulting, research and surveys on aimed atgoodgovernance. expert analysis in order to promote eff promote to order in analysis expert goals are Its in Bishkek. to to developapproach strengthen and in promoteestablishing public policy; participatory The Institute for Public Policy (IPP) Dvlpet is “Development Bogatyrev: Valentin AC - PI 2007 APRIL - MARCH No partofthis publication maybereproduced withoutpermissionoftheInstitute forPublicPolicy airs, confl airs,

- p. ict management services as well as implementation of educational and cultural projects projects cultural and educational of implementation as well as services management ict 27 p.5  : nish my The publicationwassupported byagrantfrom: is an independent, non-partisan research and institution, policy-making based ective decisionmaking in matters of public policy and to create an indepen- an create to and policy public of matters in decisionmaking ective OSI Assistance Foundation Institute forPublicPolicy Institute forPublicPolicy Tel/Fax: +996(312)906240 Website: Email:: 42/1 Isanovkochosu a bridgebetween Asia andEurope A perspectiveforCentral Asia tobecome Gulnura Toralieva Central Asian countries Mitigation thecriminallawin Muratbek Imanaliev Roundtable transcript How decisionsaremadeinKyrgyzstan Bakyt Beshimov for thecountry? Kyrgyzstan: isdemocracyontheagenda Valentin Bogatyrev structures inKyrgyzstan interactions withinformalpolitical Status offormalpoliticalinstitutesand Muratbek Imanaliev game” inKyrgyzstan Informal institutesas“rulesofapolitical Roundtable transcript the massmediaandstatepossible? Limits oflegalcontrol:Isadialoguebetween CONTENTS 42/1 IsanovaStr. Bishkek 720017 Bishkek 720017 ABOUT IPP Kyrgyzstan Kyrgyzstan Regional IntegrationinCentral Asia Geopolitical Aspects oftheProblem on waterresourcesmanagement Challenges ofdevelopingeffectivestatepolicy Tax Reforms: MythsandReality Republic? What HampersEconomicGrowthintheKyrgyz Muratbek Imanaliev Issues ofNationalStatehoodinCentral Asia Bakyt Beshimov ...... 6 “Authorities-Opposition” Tandem in2007 to Stability? Kyrgyzstan: DemocraticSuccessorThreat Round table summary Evaluation ofPoliticalSituationafter April 19 Regional conferencesummary Development Central Asia in2007:DynamicsofChangeand CONTENTS Farkhod Tolipov Roundtable summary Sergei Sabko Rafkat Khasanov Valentin Bogatyrev http://www.ipp.kg of  [email protected]

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Kyrgyzstan brief January – February, 2008 KYRGYZSTAN BRIEF Issue � 9 INFORMAL INSTITUTES AS “RULES OF A POLITICAL GAME” IN KYRGYZSTAN

INFORMAL INSTITUTES AS “RULES OF A POLITICAL GAME” IN KYRGYZSTAN

Muratbek Imanaliev, IPP President

Informal institutes in Kyrgyzstan operate in a kind of act within a certain framework while establishing rel- of behavioral sub-culture; the result of various irrele- ations with the authorities or other groups of people. vant fragments of historical reality, present concerns In other words, they should act in accordance with and some mythological constructions. Some experts established rules. consider any human activities that are beyond the norms of law as ‘informal institutes’, although distin- Informal institutes which appeared on the basis of th- guishing the line of “legal” and “illegal” is usually very ese three elements have a direct and apparent effect much arbitrary. on the formation of self-identification models of the Kyrgyz ethos. Primarily it impacts the elites. Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, In the case of Kyrgyzstan those stimulating motives that make these fragments operational belong to di- Among Kyrgyz ethnic groups a complex of informal fferent politico-cultural, historical and chronological institutes has been referred to as “kyrgyzchylyk” (ky- dimensions but were brought into one space of et- rgyzism). I want to note that there is a similar situa- hnic behavior as a result of historical drift but not tion in the neighboring countries of Central Asia, for necessarily conscious choice. example, “kazakhshylyk” among Kazakhs and so on.

Among those sources that triggered the basic lines In the early 90s there was an attempt to discuss of ethnic behavioral culture and the corresponding “kyrgyzchylyk” at the public level and to recognize rules, one can name three major factors: nomadism, it formally as a basis for forming public relations and Islamism and Sovietism. To a certain extent they con- behavioral rules of any type - political, humanitarian, tinue to form the substance and style of political, and economic, etc. Recently there are ‘homegrown’ intel- other behaviors, of the people. lectuals and politicians who argue for a “legalization” of “kyrgyzchylyk” by forming and giving substance It is obvious that nomadism, Islamism and Sovietism to an informal Constitution. According to them, “ky- cannot be synthesized into a new substance- they rgyzchylyk” is a number of rules that are based on can only co-exist. The logic of constructing major hypertrophically idealized national traditions and the “meanings” for human existence within each of th- cultural features of the Kyrgyz ethos, including sanj- ese three fragments can be contradictory, if not st- yra and other genealogical legacies. rongly antagonistic. In particular, they concern such important questions as nation-state building, prope- There are sometimes efforts to make “kyrgyzchylyk” rty issues, gender problems, etc. This is because the a kind of national ideology, including nationalism. aforementioned fragments have not a common but a separate and individual effect on the behavior of It has to be noted that not only the Kyrgyz people but Kyrgyz people, and may be relevant depending on also representatives of other ethnicities and sectors any given situation. For example, parliamentary elec- are involved in this interesting game. tions, relations with the authorities, etc. It is quite difficult to consider “kyrgyzchylyk” as a gro- Of course, one should not ignore marginal groups up of persistent informal rules of public co-existence, who deny all three elements, but even they have to because often “kyrgyzchylyk” is used to explain thin-

- 2 - INFORMAL INSTITUTES AS “RULES OF A POLITICAL GAME” IN KYRGYZSTAN gs that are beyond law and legal actions, i.e. crimin- is a problem of the extent and quality of behavioral al. However, the problem is not what it explains: that culture that is formed under the influence of various would be too simplistic. The problem is in considering factors. I would like to note that having kinship and the explained as something that happens inevitably. kinship relations (which do not exist in its classic me- At the same time what must happen is accepted as aning in Kyrgyzstan) do not represent an informal in- right even if it is illegal. There is a counter-reaction, stitute. It is an informal rule of kinship solidarity that not because of breach of law but because the intere- is inherited as a historical memory and has gradually sts of those who lose out are not taken into account. grown into the kin-regional principle of support de- Next time, it will be the same but those who have pending on one’s kinship, and regulates the political lost must win. A good example of this is the shift of behavior of people. The best examples in this view Presidents in our country. are the formation of government and elections.

In this looseness and inconsistency, in my view, one “Kyrgyzchylyk” as an informal institute requires, for Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, can see the negative side of “kyrgyzchylyk”. The qu- example, having in government representatives of estion to ask regarding development is as follows: is all tribes and kinships or at least of all regions. The it possible that “kyrgyzchylyk” could structure Kyrg- absence of “one’s own” in the government is taken yzstan’s political life? If yes, in which direction? The poorly. The problem is not in ‘being represented’ but question exists as to whether “kyrgyzchylyk” can be- it is in placing personal qualities and professionalism come a progressive force. The question of substance: as secondary interests. According to the norms of be- can “kyrgyzchylyk” replace a law? For example, the havioral culture in “kyrgyzchylyk”, the powerful must well-known sentence “which is stronger in Kyrgyz- maneuver within the cadre’s policy. It is against law, stan - law or kin?” has direct relevance to all three even though it is not done directly but through inter- questions. mediate actions and the behavior of “appointees.”

Other countries’ experience shows that when there is During elections, “ours” is defined according to one’s the rule of law (i.e. formal rules for state functioning kin-regional origin or through the standard oppositi- and behavioral culture) people’s actions according to on. Informal institutes do not presuppose any other informal rules sometimes play a positive role contrib- behavior of the people. Administrative and other re- uting, for example, to the emergence of an informal sources in this case are deliberately excluded, even rules or “soft” custom that is widely recognized, a sh- though it is predictable that they may be incorporat- ift in power or harmonious combination (within limits) ed somehow into “kyrgyzchylyk”. of the activities of older and younger generations of politicians. It may sound paradoxical, but even corru- In the context of this “kyrgyzchylyk”, this does not ption is an informal institute that has a different and correspond to certain norms of behavioral culture sometimes positive “exhaust”, when the interests of and contradicts current state legislature - both direct corruptions’ acting participants and of the state are and mediated. Such phenomena are characteristic to combined. I am not justifying corruption in any form: almost all countries. However, the problem of our co- the point is that these exclusive phenomena show us untry lies in a completely different sphere. The “ever- the extremes of informal institutes’ operation. winning power” of informal institutes, more precisely their negative impact, make law nonfunctional. I agree with the point of some specialists that infor- mal institutes are not informal organizations, but the At the same time, “kyrgyzchylyk” as an informal inst- informal rules of political and social behavior, i.e. it itute of political behavior may encourage the process

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of revival of rather important and necessary traditi- selection and adaptation of the current models. ons. There is no need to enumerate which traditions exactly, but there is a need to consider the serious Muratbek Imanaliev, IPP President

STATUS OF FORMAL POLITICAL INSTITUTES AND INTERACTIONS WITH INFORMAL POLITICAL STRUCTURES IN KYRGYZSTAN

Valentin Bogatyrev, specially for IPP

Not people’s state Some changes of his competence that were intro- The political act to declare independence of the Ky- duced later concerned only a necessity to have an rgyz republic happened in August 31, 1991. It was approval of Jogorku Kenesh to appoint members of mostly a reaction to the Moscow putsch as well as a government. If one disregards new names of politi- drive for better positions during negotiations on co- cal institutes, one may see a scheme of governance Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, ncluding treaty on a new Union. The process of po- of the Soviet state but now with a greater absoluti- litical system’s transformation started almost a year sm, since quasi but still collective power of Political before this event, when the post of president then of Bureau of Communist party’s Central Committee was the Kirghiz SSR was established in 24 October 1990. replaced by the sole power of president. The entire The most important events of the first months after system of state governance has been formed on the August 31, 1991 were suspension of activities of Ky- basis of those structures that existed in the Kirghiz rgyzstan’s Communist party and conduction of the SSR. As a result the rudiments of the former system first nation-wide elections of President of the Kyrgyz remained for a long period and may be seen in func- Republic. However, the establishment of President’s tions and structures of state bodies. institute and liquidation of the party monopoly did not trigger serious changes in the political system of Despite the democratic character of elections, pre- the country. sident similar to the former leaders of state had a decisive, in most cases monopolistic and total con- There was revolution neither in 1990 nor in 1991. It trolling power. He and his administration controlled did hot happen later as well. Kyrgyz political instit- all aspects of country’s life even those spheres that utes, and above all, state in the sovereign country were under competence of other branches of power. remained the same. Although the main issue of inte- President had unlimited power over government, and rnal politics that had been addressed by leadership of within first 10 years over Jogorku Kenesh by using the country was transformation of the Soviet political different leverages including a possibility to dissolve system into democratic one of western democracies, parliament. Judicial power was also under the control nevertheless, the Kyrgyz political system was formed of president in practice. The structure of government in accordance with Soviet traditions. In other words, were undergoing changes while adapting to realities it was like a pyramid, at the top there is president - a and functions of market, however, it was preserving a head of state, and then three relatively independent format of branch together with numerous and redun- branches of power. Here, President had authorities to dant functions that remained since those days when form government, nominate candidates for the po- state controlled citizens’ life completely. Under the sitions of head and members of the Supreme Court conditions of low income of state officials, it created a and dissolve Jogorku Kenesh in cases stipulated in favorable ground for corruption. To a certain extent, the Constitution. what was happening can be called a process when state officials privatized their own functions.

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To avoid defects in the governance system, leaders- not been changing. It did not belong to people as hip of the country with the help of various internati- before. A new edition of Constitution adopted in onal organizations and financial institutes introduced 2007 introduced a new procedure of elections to the programs to reform administrative system that stipu- Jogorku Kenesh- a system, based on political party lated for a change on the basis of functional analysis lists. However, all these changes and administrative of state structures competence and introduction of reforms did not change and do not change a nature new administrative formats. Some changes included of political institutes. a new model of public service with a distinction of political and administrative positions; employment The major reason: state-building by society has on competitive basis, compulsory declaration of st- not happened yet. People is a source of power in ate officials’ income and consequently of their family the Kyrgyz Republic, but the Kyrgyz sovereign state members as well. in 1991 was established not by people – they did not have a mandate of people to perform those acts. Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, By introducing amendments to the Constitution in State was and remains to be a ‘property of elites,’ a 2003, the judicial reform was basically completed. political institute that functions in accordance with To improve independence of courts, a long-term ap- rules and procedures defined in a quasi-democratic pointment of judges and special procedure of their format. The most serious problem in the process of repudiation were adopted. However, the administr- democratization is the state machine, in a form as it ative reform did not change a nature of governance exists now. This is a hierarchical structure that rema- system; its functions incorporated mainly a non-ma- ins since the Soviet times, and it is not national in its rket and administrative governance. State machine nature, and not democratic in its substance. The ma- continued to dominate by shaping business, citizens’ jor problem is that there have not been a change of life and ignoring human and human rights as funda- governing elite. At the high level of governance the mental values. Decreasing of a number of governm- key positions are taken by people who were brought ent personnel did not change its nature, and after a up in the Soviet tradition and do not know or do not short period, a number of state officials reached the want to use technologies of democratic governance. previous number and even increased. In 1997-2007 there was a process of changing political system tow- The only real step towards formation of democratic ards strengthening the role of parliament and gover- political institutes was introduction of self-gover- nment while limiting president’s authorities. This was nance institute. In accordance with the Constitut- the main point of political struggle within this period. ion of 1993 there was a right for self-governance; in After several constitutional amendments, a number 1994 a special Provision on the basics of local self-go- of authorities mainly with regard to the appointment vernance was developed and its subsequent adoption of government were given to the Jogorku Kenesh. was a start to form an election system of self-govern- ment. The first elections of deputies to local councils Initiators of such changes thought that thereby the (keneshs) were on 24 October 1994, it replaced the nature of state would change since Jogorku Kenesh Soviet system of Soviet deputies. In 1996 administr- is an institution of people’s representatives. However, ative bodies – ayil okmotu (village government) were ineffective system of parliamentary elections, which established in rural areas under the village councils. was reduced in practice to buying of votes, applying At the same time, local communities were delegated administrative resources, clan-based preferences re- a number of state functions while objects for public sulted in having parliament which did not represent use became communal property. In 1997 the gov- interests of voters, hence, the nature of power had ernance of cities were transformed into the format

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of self-government. The first pilot elections of self- functioning. government’s management were conducted in 2000, and since 2001 all heads of ayil okmotu were elected Some peculiarities of political parties’ consol- through direct elections. However, even though it idation was intended to work out a proper mechanism for The process of formation of political parties in the co- self-provision and self-financing as stated at the start untry and their relations with other political institutes of forming the system of self-government, this inten- is becoming quite complex. After gaining sovereig- tion was not realized. nty and choosing the course for democracy-building, a great number of parties appeared on the political The law on “The basics of financing self-government” stage. By November 1991 the Ministry of Justice re- was adopted only in December 2004, which introduc- gistered 65 parties and movements. The significant ed a new way to form local budgets, providing some part of them did not exist anymore. By July 1, 1995 perspectives for local development. After renewal of there were only 12 registered political parties and 6 Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, legislation local keneshs confirm budget and prog- social and political movements. The main type of pa- rams of social and economic development of their rties which appeared in those days in Kyrgyzstan was respective territories, introduce local taxes, and de- a few associations that were formed owing to and cide on other issues of villages and towns. But until around certain political leaders. Moreover, there were today central bodies use various pretexts and delay parties formed on the basis of remnants of the CPSU the process of transforming self-government into an as well as parties formed with the help of administr- independent unit that is able to form its own budg- ative resource for the sake of campaigns in 1995 and et, Except the problems of independent financing of 2000. In the course of election period, some small self-government there are attempts to limit political initiative parties were created by certain new political independence of elected bodies of self-government. leaders. According to the new edition of the Constitution of the Kyrgyz Republic, adopted at the referendum on The effort in 1998 to stimulate the process of parties’ October 21, 2007, the direct elections of heads of ayil development by introducing a new way to form a part okmotu were replaced with elections by local kenes- of the Jogorku Kenesh that is based on political pa- hs upon nomination of local state administrations. rties’ lists gave certain, and above all, a quantitative effect. The great number of parties was established, Thus, these political institutes are also dependent on including such large parties as “Adilet,” “Ar-Namys” state and loose their democratic nature. By 2008 and “Moya strana” that are correspondingly of cent- there is the presidential form of governance in the rist and right-wing orientation. These parties started Kyrgyz Republic with the quasi-democratic system of competing with left-wing communist block. Neverth- political institutes which have ideology and functio- eless, pre-election political period was mainly charac- ns of the command-administrative regime. Political terized by struggle of blocks that had been formed by institutes having a formal democratic status do not that time. Those parliamentarians who were elected represent real social groups and political forces and to the Jogorku Kenesh based on the party’ lists were do not serve as an instrument of people’s power. As not able to form party fractions. a result of these reasons the political system has a clan-based nature instead of democratic, and the real During elections to the Jogorku Kenesh in 2005, 6 power exists within informal structures and centers. parties proposed their candidates and only 16 depu- The real politics appear only the limited spheres and ties from political parties were in the parliament, and concerns only a few issues of state and society’s in practice there were no party fractions. By March

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2005 there were 42 registered political parties in the The majority of parties is of centrist orientation and Kyrgyz Republic. Despite the growing tendency of composes 62% of total number. The centrist parties political activeness, it is necessary to state that polit- engage such social strata that concentrate somewh- ical parties do not have a clear and sustainable social ere close to the state agencies and state enterprises, basis. Sociological researches conducted in Novemb- financed from the budget. er 2004 show the fact that many parties are hardly known by people, and the latter has little trust in The typical form of political movements and politi- parties. Among total number of survey participants, cal associations is the presence of a clearly-defined 34.1% could not answer the question: which political and usually quite shortly attainable goal. Some good parties in Kyrgyzstan they know. In September 2003 examples of such movements are those established 38.1% of those questioned had difficulties in answe- in 2002 like “Movement for the resignation of Akaev ring the same question. The high point of popularity and reforms for people,” People’s movement of Kyr- of parties is in Bishkek -60.1%. At that, only 6 parties gyzstan, People’s congress, and those established in Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, have popularity rate above 5%, and 3 more parties 2007 like the united front “For the decent future of have more than 3%. In 2007 when elections to the Kyrgyzstan” and the movement “For the Constitution, Jogorku Kenesh were to be based on political parties’ reforms and development!” The composition of such lists, a number of political parties sharply increased associations usually includes representatives of vario- and went over 100. However, it is hardly possible that us political organizations. Unlike parties, they are ch- all these parties existed in reality. As shown in the aracterized by a variety of ideologies and even a vari- recent elections, 50 parties expressed their will to ety of ways for political action. Another characteristic participate, only 20 submitted the lists of candidates, feature is that such political movements exist for a 12 parties reached the finish line, and only 3 parties short period. After reaching the primary purpose for gained seats in the parliament. The results of the first their establishment, they cease to exist or transform elections on the party lists show that political parties into more sustainable and better organized structu- have not yet gained a real social support. res, sometimes into political parties. Political parties in its traditional meaning are becoming less popular. Right prior to the elections 25.8% of respondents Durability of parties mostly depends on political life did not have an idea whom they would vote for or of their leaders and its sustainability rather than on they did not intend to vote for any party. However, it realization of certain ideas. It has to be recognized was still a serious step forward since in June of 2007 that the process of consolidation and development of 77.3% of those questioned did not know in favor of political parties’ institute is still affected by a number which political party they would vote. The current of limiting factors: structure of party space reflects only to a small exte- • There is a quite strong inertia, i.e. those va- nt a new social structure of society and new structure lue constructions and orientations that were functi- of social goals and expectations. Left and left-centrist onal not long time ago continue to have an effect. parties represent interests of those social strata that Citizens do not have enough experience of party life, are undergoing the most difficulties because of the except the CPSS with the image of “controlling and transition to the market economy. These are pensi- directing” force, a powerful political structure, which oners, youth, poor and socially non-protected social take all functions both of state and individual. Those strata as well as proponents of socialistic values. To parties that did not solve such issues, were not trus- the contrary, the right and right-centrist parties unite ted and subjected to disappointment; new social groups: entrepreneurs, owners of large • There is a serious problem with the quasi de- economic units, proponents of national revival idea. mocratic nature of public institutes, a gap between

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declarations and the practice of the post-Soviet syst- which was an ideological party struggling for socialist em relations, which is supplemented with traditional ideas turned into the party of a part of protesting views that have a status of national ideology. This is electorate which represents mostly northern regions a reason of looseness and confrontational nature of of the country. The change in the political structure political architectonics as well as of a false and corr- after the elections, and in particular, the formation upted understanding of political power; of the Jogorku Kenesh, which is based completely • The transformation of social structure of so- on the party lists resulted in improvement of chanc- ciety and formation of political interests of groups es of political parties to become political institutes in have not been completed; the full meaning and to concentrate the real politics. • The problems of political parties’ organizat- Now, it is political parties which will decide strategies ion as well as problems of development and social and policies and form the corresponding legislative presentation of political and economic programs con- basis. tinue to exist; Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, • Political motives and the role of political or- At the same time, the realization of these chances in ientation in people’s life are still weak. One may say practice will depend on the extent and quality of the that society “slid” down to mercantilism as its main party building process. It concerns both oppositional life ideology but it has not reached conservatism as a and first of all, the pro-presidential party “Ak Jol.” The politically represented mercantilist position; latter has a good chance to become the main point to • The system of national values that can shape form strategies and policies for the country’s develo- the political position and will has not been formed. pment as well as to become a formal institute to leg- itimize president’s authoritarianism. The composition In the context of non-satisfactory political culture, th- of the party and candidates proposed to the Jogorku ese factors seriously reduce the potential of political Kenesh indicate a serious closeness of this political parties to participate in the process of formation and organization to informal political institutes. realization of public policy. It must be noted that as a result of elections to the Jogorky Kenesh in Dece- Civil society as a political institute mber 16, 2007 some fundaments for formation of a The insufficiency of democratic governance experi- new party space have been laid down. Irrespective ence and weakness of state institutes that are ch- from participation in elections and their results, one aracteristic to the transition period is historically may say that there is a distinct and small group of compensated by non-governmental organizations. parties which represent the real interests of social The activities of NGOs, especially in the first years of groups and certain real social ideas. These parties reforms compensated for a deficiency in functioning are currently in various conditions, in a kind of proto- of government and political parties. Under the condi- form; however, they exist and have a certain impulse tions when political parties in the initial stage of their for development. There are parties of a new type development were mainly client-type organizations, like the political party “Zamandash,” which rely on it was non-governmental organizations which repr- a large social group of labor migrants and represent esented political interests of different social groups. their interests, and the party “Turan” which is based According to the extent of involvement into political on the ideology of the modern nationalism. Unfort- processes NGOs have been divided and continue to unately, such a status was lost by the political party be divided into those: “Ata-Meken,” which for the sake of elections united • Oriented on the political participation basica- in its structure those groups that are ideologically di- lly because of purposes of their activities and metho- fferent and even oppositional. As a result, the party ds used, actions, etc. (public association “Civil society

- 8 - STATUS OF FORMAL POLITICAL INSTITUTES AND INTERACTIONS WITH INFORMAL POLITICAL STRUCTURES IN KYRGYZSTAN against corruption”); nts of the modern civilization. The value orientation • Oriented on the development of interactions of NGOs is one of reasons to explain the absence of with state structures and for this purpose affecting sufficient social basis and civil support to them. A upon and participating in political processes (Asso- small part of population participates in NGO activiti- ciation of centers to support civil society, ecological es. According to the official data, in 2004 there were NGOs); more than 20 thousand people who worked in the • Representing interests of certain social gro- NGO sector constantly, and up to 10 thousand peop- ups, and hence looking forward to the political par- le who worked on the temporary basis (consultants, ticipation (youth, women, labor union organizations, experts) and more than 8 thousand volunteers. veterans’ unions, associations to protect rights of co- nsumers, human rights organizations, associations of The research conducted during preparation of the doctors, lawyers, etc.); Report on human development that is relevant to the • Without relevance to political processes, but NGO activity shows that a number of NGO employees Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, subjected to participate in politics for solving their is much greater and sometimes may reach up to 100 own tasks (association “Umut,” international charity thousand people, which constitutes 5% of total nu- foundation “Meerim,” Center of public technologies, mber of employed in the country. However, such an educational NGOs). increase in employment at civil society organizations is a result of short-term projects and programs. Most A number of NGOs, especially large public associatio- of citizens are passive or even negative to NGO activ- ns incorporate all four types. For example, Assembly ities. Nevertheless, non-governmental organizations of Kyrgyzstan’s peoples while representing interests are quite active in performing political functions and of ethnic groups it is actively involved into the proc- show themselves as relatively strong political institu- ess of developing mechanisms to interact with state tes. A good example is the campaign on monitoring bodies and known as a large actor of political activi- referendum on a new edition of the Constitution and ties. The coalition of NGOs “For democracy and civil elections to the Jogorku Kenesh in 2007. NGOs were society” does not represent interests of concrete soc- responsible for the main part of the work and later ial groups but still claim to participate in major politi- took a more consistent and principal position in ev- cal processes and actively participate in formation of aluating quality of these events rather than political democratic mechanisms for interaction interact with parties did. At that, there are a set of limitations on state bodies. However, the replacement of functions such position and role of non-governmental organi- of political parties by non-governmental organizatio- zations in the political system of the country. Basic ns contains a substantial contradiction with the nat- constitutional provisions that define activities of civil ure of political institutes as such. Non-governmental society continue to be contradictory and have eleme- organizations act not within political interests’ space nts of state monopoly in managing social processes. but within the space of values. It relates to the fact Political activity of non-governmental organizations is that majority of NGOs emerged as a derivative of a limited by financing and formats. For example, the certain geopolitical function; they are a result of int- right to conduct meetings, gatherings, demonstrat- ernational organizations’ activities in Kyrgyzstan, i.e. ions, protests is limited by the condition to inform of supra-national units. Those who initiated creation in advance executive bodies or bodies of local self- of NGOs are the international community, some init- government and by assignment of special places for iative groups and even individuals interested to have such events. It is often used by local authorities to representatives of not only developed countries in reject conduction of civil actions in those cases when accessing processes of development and achieveme- it is not desirable. The transition into institutionalized

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forms and normative procedures of NGO sector inter- • “Opposition” a special group of changing co- action with other political institutes has been compli- mposition, has only one permanent structural functi- cated to a great extent. The practice shows that new on – opposing those who are in power; forms are perceived negatively both by state bodies • Groups and concrete individuals – owners of and civil society. These forms need a serious norm- large capital or those who control financial and other creation, installation and educational activities. One resources; of the problems is mistrust between state bodies and • Ideological elite groups, who carry ideas and institutes of civil society. In addition, there is no co- visions of the mass; nsent within civil society with regard to a number of • Elite of ethnic groups, represented in Kyrgy- issues on interaction with state. zstan; • Criminal groups which control certain resou- Another problem is insufficient level of preparation rces and territories; of civil society representatives to have competent re- • Professional corporations, which serve politi- Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, lations with state bodies. Moreover, there is a gap cs (expert agencies, mass media). between public organizations and interests of social groups whom they represent. In the course of elec- Each of these groups vary according to the way and tion campaign there was a trend to have activists to extent of inclusion into power relations, technologies move from NGOs to political parties. However, majo- it uses, formats of political activities and type of rel- rity of them proceed with their dual positions which ations with formal political institutes. The first group may result in some legal problems, since activities of – family clans, as usual, are directly included into fo- many NGOs are financed by foreign or international rmal political institutes, or control them by influenc- sponsors while such financing for political organizat- ing different, above all, upper levels of governance ions is prohibited by law. Hence, those NGO leaders system. The presence of family clans may be seen who joined political parties must leave their activities not only within state structures (executive branch of in NGOs or they risk undergoing judicial investigation power, deputies, judicial power) but also within poli- and being convicted in breaching the law. With the tical parties, and to a less extent – within non-gove- development of political institutes and strengthening rnmental organizations. From the point of influence, of political parties, non-governmental organizations these are the most powerful and effective group bec- will loose their political functions or reduce the sphe- ause they have a high consolidation of purposes and re of their actions. coordination of politics. The family clans format of re- taining and using power is the most widespread and The real power and political institutes. The sp- exists in all levels of political system of the country. ecific feature of the Kyrgyz society is that real power Family groups successfully hide their clan interests is concentrated not within political institutes which at being directly included into political institutes and pr- best may serve as a ground for struggle or means for esent their interests as public, corporate, institutional legitimization of power and actions of various groups and so on, and thereby create an effective manipula- who have the real power. The list of such groups ting mechanism, which strengthens their power and includes: makes this group ideologically less vulnerable. • Family clans, whose members have formal and leading posts in the state or other political instit- The existence and functioning of family clan system utes; of power using make political institutes, their purp- • Regional elites, who participate in power rel- ose and functions simply formal. Power moves from ations; political institutes to family. Around the most influe-

- 10 - STATUS OF FORMAL POLITICAL INSTITUTES AND INTERACTIONS WITH INFORMAL POLITICAL STRUCTURES IN KYRGYZSTAN ntial families in order to have an access to resources, given region and extent of economic influence and there is a quite powerful group which provides serv- resource scale, which may be used for strengthening ices and uses their positions for resource controlling of regional power. “Opposition” as an important co- and having preferential regimes of work. Thus, dur- mponent of power relations emerged quite recently. ing A.Akaev’s rule there were several such groups, The history of its participation in power relations sta- members of which succeeded in making large amo- rted with the Aksy events. It was the first time when unts and/or gaining high positions in the system of the official authorities and family clans felt the power political institutes (positions in the executive power, of opposition groups. In this period, there were the parliamentary mandates and so on). Naturally, with fist signs of how pressure of opposition could make the shift of power, a part of them started serving a the official power to take political decisions that had new powerful, and many those who did not want to been dictated by opposition (release of A.Beknazar- do it, - turned into the “opposition.” Regional elites ov, cadre dismissal). have less political energy, and hence, less access and Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, scale of power. There are three levels of regionaliza- Organization of March events showed in opposition tion: territorial, local and tribal. Recently the latter is an institute of power that can compete at the level becoming more important. of state and family political institutes. However, as a result of this informal political institute the political At any case and as usual, regional factor of informal potential of opposition in our country has a tempor- political preferences is secondary in comparison with ary character, accompanied with the absence of con- the family one. In practice, regional component of ceptual basis, and which is why it is not a structural power is expressed in the form of cadres’ policy. For institute of politics. In a situation when the powerful example, during Akaev’s presidency it was characte- does not make any mistakes or looks for communic- ristic to appoint to state positions representatives of ation and compromises, opposition looses its energy kemin-naryn and talas regions, while with the rule of for political confrontation. Bakiev there is a tendency to appoint representativ- es of southern regions. Regionalism is characteristic It happened in 2006-2007, when political opposition to all elements of political system. At the first stage from the powerful political movement turned into a of political parties’ formation regionalism was one of small group of politicians who did not have an ext- key and structural features of their emergence and ensive support basis. Recently, the role of groups activities. A shift to the systematic party building pr- and concrete individuals –owners of large capitals ocess, somewhat reduced the importance of this fa- or those who control financial and other resources- ctor. At present only those political parties that unite is becoming more important in the power relations. representatives of all regions of the country may be Here, one needs to differentiate three groups. The successful. first is the business elite, who has formed its capital during Akaev’s rule either in the country or abroad, It was especially strengthened as a result of inclusion and now interested in retaining its capital, property of regional thresholds in order to gain representation or investments into the country. Usually, these are in the Jogorku Kenesh. Nevertheless, the regional economically independent people. Forms of their pa- aspect is an important factor to provide stability of rticipation in political life are various. political system. There is a certain way of power dis- tribution among regional political elites. Three factors Some try to be included into political institutes by impact the distribution process: traditional system of taking leading state positions or being elected to the clan hierarchy, political history of certain elite of the Jogorku Kenesh. Others work openly in the format

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of opposition, trying to retain their capital by means mbly of Kyrgyzstan’s peoples, which uses its status of of this political position. The main purpose of their advisory council under the president to lobby ideas of participation is protection and development of their ethnic development. While uniting formally national- business. cultural centers, the Assembly is de facto structure of political representation of ethnic communities. There is also a group – high level state officials, cl- ose to distribution of financial and other resources. The efforts to organize ethnic parties are blocked by They are directly incorporated into state institutes. authorities. Creation of political parties along with As a rule, they worked with the former regime and ethnic lines is prohibited by the Constitution of the continue to work with the current through technolo- country. However, certain ethnic groups undertake gies of bribery and other services. The third group some efforts to create political organizations in the is family business-teams- people close to relatives of hidden form to protect interests of these ethnic gro- high-level officials and politicians who manage their ups. During many years some efforts to adopt law Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, businesses and render support. These groups have which provide rights for ethnic groups as well as req- certain influence on political decisions and operation uirements to have quota for participation of different of political institutes by lobbying their interests and ethnic groups in the work of state agencies are not interests of their patrons. To lesser extent but still fruitful in gaining support of legislators. some ideological elite groups participate in political power relations representing ideas and views of the The conception of ethnic policy that was adopted by mass. As a result of the intensified process of Kyrgyz the Assembly of Kyrgyzstan’s peoples two years ago self-identification, these groups have become quite has not been yet reflected in the state programs for active. However, in the political space it is not ex- development. It is hard to deny the fact that often pressed sufficiently. Mainly these are groups which subjects of political relations are criminal groups, wh- propose ideas of Kyrgyz originality and independent ich control certain resources and territories. Except way of development. the fact that some people connected with the crimin- al world might be elected to the Jogorku Kenesh, the The idea of Kyrgyz nationalism despite its growing shadow structures are used in a number of cases to popularity especially among youth has no clear poli- influence various political forces, and their resources tical formulation. Several political parties which base are applied to conduct political campaigns. However, on these ideas are weak enough and do not have along with consolidation of power, it is less needed effective and attractive programs. The ideas of na- to use them for political interests, and then criminal tionalism are alive and have political effect through groups become objects for persecution of law-enfo- other public institutes – local communities, NGOs, pr- rcing bodies. inted media. Partially the effect of national ideas is shown in the ethnic policy of state, which definitely is A relatively new participant in politics is professional heading towards mono-ethnicity. Recent changes in corporations which serve politics. Among them the the election legislation which present possibilities for most active is mass media. Majority of them is finan- ethnic groups to participate in the work of the legisl- ced by some political forces and positioned to protect ative body are more an exclusion rather than a rule. interests of the latter. In recent years the community As a consequence, there is a very specific way of how of experts has been formed, which actively affects elite of ethnic groups represented in Kyrgyzstan work political processes. At the same time, some structur- with formal political institutes. The major channel of es even though identified as expert institutes in fact political influence and political interaction is the Asse- take active participation in political campaigns and

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advancement of certain political ideas. Thus, inform- decorative functions. al political structures and their relations play the key role in the current Kyrgyz politics. Even retaining the Valentin Bogatyrev, expert of the Institute informal status, they are still real political institutes for Public Policy, coordinator of the analytical while formal political institutes in most cases perform consortium “Perspective”

KYRGYZSTAN: IS DEMOCRACY ON THE AGENDA FOR THE COUNTRY?

Bakyt Beshimov, specially for IPP

Was there an ‘island of democracy’ in Central d’etat. Therefore, there is a need to have a thoro- Asia? ugh and objective analysis of the developments in By the middle of the 90s Kyrgyzstan was perceived Kyrgyzstan starting from the dissolution of the USSR Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, as the most advanced country in terms of democratic to gaining independence. Moreover, it is important development according to public opinion in the CIS because post-Soviet countries demonstrate different as well as in the West. The major reasons for this ways for development through formulating their own evaluation were the efforts of the political leadership models of behavior within the new conditions. In my to adapt to democratic institutes in the country, as view, all Central Asian countries have decided in most opposed to the strongly authoritarian course of oth- aspects their approach to democracy, pluralism, the er Central Asian presidents. Independent media and market economy and human rights. In this view, it is press had emerged to criticize those in power and to interesting to look at the situation in Kyrgyzstan – the develop pluralism of views. country which was rightly considered as a pioneer of democracy in the region. May Kyrgyzstan’s experie- The opposition had been formed in parliament, and nce be useful for the other countries? There is the generally in the political sphere, to challenge the pre- opinion that the very rapid and unprepared move by sident and government, and the executive power co- Kyrgyzstan towards democracy and liberalization did uld not ignore its views. Several oppositional political not justify many hopes, and that now the country is parties were founded in order to offer an alternative returning to a more natural condition, which corresp- path for Kyrgyzstan’s development. Kyrgyzstan was onds to its historical past, culture and the mentality of a free country in terms of diversity of views, free ex- the people. To consider this question it is necessary pression and criticism of the authorities; there were to analyze the internal and external factors that influ- conditions and opportunities conducive to such fre- enced the process of defining the country’s historical edoms. Kyrgyzstan was the only country in Central path to development. No matter what kind of internal Asia where the communist leadership was replaced processes dominate in the country, the situations in after mass protests in 1991; representatives of aca- Kazakhstan and Russia often play a substantial role demic circles and the middle echelons of communist in the internal politics of Kyrgyzstan. nomenclature, who were regarded in those days as democratically oriented , came to power. Internal factors and conditions for democratic The political leadership changed in 2005, again as a development result of mass protests. Even today this event trigge- Democracy, above all, is a way of forming governi- rs various reactions; there is no commonly accepted ng structures on the basis of fair and free elections; view on whether it was a people’s revolution or coup hence, one may look at the election processes in a

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country to answer whether there is democracy, and From1995 to the present, the authorities use elec- in which form. There is no ideal democracy, no doubt tions to strengthen their positions via manipulation about it. But we have to concentrate on other things, of public conscience and behavior, falsification and namely, how we, the people of Kyrgyzstan, including fraud. Objectivity, commitment to rule of law, and fa- the political elite, have regarded democracy both as a irness become secondary in the actions of state auth- principle and as a process. As a principle, how do we orities during elections; complete loyalty to the goals treat it, and what does it means for us? As a process, and interests of the ruling regime is forged. do we need it today or tomorrow? Many post-Soviet countries have assured the international community As a result of past experience, all levels of state offic- that they respect this value, but in practice, they have ials hold a persistent view that any election is to test substituted democracy for what they call an “origin- their commitment to the ruling regime. Large-scale al method of development.” As a result, a variety of cadre changes have become a typical phenomenon models were proposed, eg. regulated democracy or in the actions of the executive power in the post-el- Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, sovereign democracy. In some countries it is believed ection period. that before attaining democracy, it is necessary to pass through certain stages, for example, authoritar- Therefore, officials easily ignore the law, comprehe- ianism, and from there to a stage of democratization. nsively use administrative resources, and in essence So, let’s turn to elections. perform criminal activities. This line of behavior of state officials resulted in the moral degradation of Elections. the whole vertical governance, a sad state for the The reality is such that none of the elections in Ky- executive power. Not one group of people among st- rgyzstan has ever met international standards. This ate officials has emerged who would strive to follow means that the basis for democracy is quite weak in democratic values within the 15 years of independe- Kyrgyzstan. The November referendum on the Cons- nce. The majority of them are temporarily oriented to titution and the elections on December 16 were rec- more easily adapt to any dominating political trends. ognized by international organizations as non-demo- cratic and characterized by a number of violations of They are ready to serve a leader with any views in law and falsifications. Thus, it is possible to conclude order to keep their niches in state power and to have that there are no respective conditions and political the opportunity to realize their personal vested intere- culture to conduct free and democratic elections. Le- sts. The path of independence of Kyrgyzstan requires t’s consider in detail those reasons that explain such having a layer of state officials who are able to devel- a state of affairs. op sustainable models for the country’s development and by their patriotic attitude, be capable of creating The key participants of the election process were: a favorable climate in the corridors of power. the authorities represented by government, parliam- ent, local state administrations, the Central Election It is quite logical that authorities constituted by un- Commission and local election commissions at polli- conscionable officials, guided by leaders of limited ng stations, as well as the opposition represented by vision, who in their turn defy a historical responsi- political parties and politicians, and finally, the voters bility given to them, failed to form common values who should shape results of any lawful elections. Le- in the public that could have served as a guide as t’s look at behavior of each participant of the process. well as a consolidating factor. There are dangerous (1) Authorities. gaps in the values of different generations, populati- ons of different regions and ethnic groups. Nothing is

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done to form a sustainable and respectful approach positions. At present the national intelligentsia is not to history, national values and strategically important a leading progressive force in society and plays a very concepts for national development. weak role in the process of society’s improvement.

Further advancement of capitalism’s wild morality Opposition. contributes to the deformation of the young gene- The Kyrgyz opposition has the most distinctive histo- ration’s thinking, who are ready to do anything for ry in Central Asia; it is the most active in the region. quick benefits. The culture of corruption is widening Opposition members have lost in all presidential ele- in people’s conscious and then reflected in the real ctions but succeeded in the parliamentary elections. life. Parliament was not able to create an effective The opposition continues to contribute to pluralism and well thought-out basis for the legal protection of and working out an alternative vision for the cou- state officials. They are also not protected in view of ntry’s development, as well as trying to strengthen the absence of fair and independent judicial power. civil society. The Kyrgyz opposition exists rather more Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, politically, but lacks a solid ideological basis and the- The major reason for the authorities’ irresponsibility oretically it is weakly prepared. towards law is their consistently unpunished condit- ion. Most serious corruption scandals end nowhere. Therefore, it is not a well-consolidated political for- In such conditions, an honest official feels unprotect- ce, but a group of politicians who exploit temporary ed and less rightful, and he has no way to protect his alliances and associations, which at the same time right to perform his state duties in accordance with continue to compete with each other, to the detrime- the law. A separate topic concerns the activities of nt of common interests. The opposition is constantly election commissions at all levels. renewed with officials who are not needed by the current authorities and have no democratic stance. Commissions mainly include representatives of the The inclusion of some opposition representatives to intelligentsia. By looking attentively at their activities, high-level state structures after the events in March one may conclude that for most of them elections 2005 shows that the concepts of ‘democracy,’ ‘free- have become a kind of ‘seasonal’ business and a me- dom,’ ‘human rights’ are not key values for most of ans to manipulate voters. They, despite the absence the opposition. On the contrary, some of them openly of pressure from above, consciously participate in fr- rejected the course of democratic development and aud without conscience. Such an attitude to the elec- preferred a strongly authoritarian direction. tions has been formed as a result of their domination in society, especially in the sphere of their activities, a Thus, we can conclude that for the opposition as well loose approach to the law, and ignoring the concepts as for the ruling elite, that between two political co- of fairness and transparency. urses- the struggle for power and the struggle for democracy- the former is primary, and the latter is The widespread corruption in high-schools and univ- not even a component of political struggle in most ersities, the health system, in most budget organiza- cases. The amorphic state of ideas and the absence tions has contributed to the widespread moral corru- of leaders attracted to do most for public democratic ption of people who are not then capable of securing convictions, does little to help Kyrgyzstan develop al- free elections. The long-term pressure of authorities ternative models for development in coming years. on budget organizations’ employees, where the latter is used for shady purposes during political campaig- The major hopes of the opposition relate to a protest- ns, led to conformism and the absence of principal oriented population in line with the formula “ketsin,”,

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which may expand under the worsening economic worsening situation in the country. situation in the country and the sharp decrease the living standards of the majority of people. This is the 2. Active. This layer of people are actively interested main mistake of the opposition, because reliance on in politics, and participate in the activities of political the discontent of the poor is a narrow vision of poli- parties, organizations and in general have a strong tical perspective. interest in observing political events in the country. They constitute, according to my observations, not Reliance on protest-oriented poor people will radicali- more than 30% of all voters. As usual, these peop- ze the opposition, pushing it towards the organization le make conscious choices in support of democracy. of extreme political actions, and in the case of a coup Even though they are not strongly committed dem- d’etat - formation of short-lived tyrannical regimes. ocrats, they think that power formation by means of In the height of its struggle to protect its interests, a free and fair elections is the best way. Among the part of the opposition may involve dangerous inter- reasons for such behavior, one may name a tradi- Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, group and inter-regional conflicts, which in the abse- tional Kyrgyz commitment to fairness and truth as nce of solutions might result in removing democracy well as work experience in such advanced institutes from the agenda of the country for a while. It has as NGOs, the mass media, private companies and to be mentioned that because of poorly thought-out organizations. Many of them have confirmed through and occasional actions, a part of the Kyrgyz opposit- their own experiences the importance of individual ion have discredited in the public eye such values as freedoms, a critical approach to reality, and hence, freedom and democracy, which are at present associ- assign a significant role to well thought-out and reas- ated with chaos and conflict. To have accelerating de- onable actions of politicians. A part of this electorate mocratic development in Kyrgyzstan, it is necessary comprises protest-oriented people who are not satisf- to have an ideological and political modernization of ied with the current situation for a variety of reaso- the opposition, to turn it into the gravitational centre ns, and who struggle constantly for their interests. for progressive alternative projects and programs. 3. Traders of votes. This is a small layer of voters who Voters. cynically trade their votes. The erosion of public con- Based on empirical observations during parliamenta- science in this regard started when the ex-president ry elections, Kyrgyz voters may be divided into three openly invited voters to accept gifts from politicians. groups. Then the hypocrisy and dishonesty of politicians co- mpleted this process, and as a result there are people 1. Ignorant: The first and the most numerous group. who see elections as an opportunity to get material Any election is ignored by 50% of voters. There is benefits for themselves. As shown by practice, it is always a certain percentage of people who are not useless to talk to them about ideological and political interested in such public events as elections. topics. At that, one may say that in some cases there is a solid connection between leaders of such groups Recently, those disappointed in politicians joined this of voters with the members of precinct commissions, first group. The presence of such voters is ground and representatives of local state administrations. for all kinds of machinations. The percentage of such They actively help corrupt politicians to turn elections people is too high; hence, it is necessary to have into a ‘dirty’ deal. policies of engagement by creating a system of mo- tivations and conducting effective explanatory activ- Economic aspects of democracy. ities. The increase of ignorant voters is proof of the Kyrgyzstan is a poor country with low income per

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capita; most of population lives beneath the poverty the most solid and reliable social ties in the society line. In a country where the majority of the popu- while supporting it to survive under difficult conditio- lation is poor, democracy has little chance of surv- ns. The excellent qualities of NGO members are their iving. This is an axiom of democratic development awareness, and their ability to sustain their principles history around the world. The most substantial basis and to make a conscious choice. It is within NGOs of democracy is a middle class. The middle class in that the most perspicacious ideas and projects are Kyrgyzstan is not more than 7-10% of the population designed. It is NGOs that fight for human rights and and its core are representatives of small and middle- democracy in the country. size businesses as well as people of free professions, who depend on the authorities in one way or another. Ideological and value approach. Rich people are not interested in democratic prom- At present the course towards limiting democratic otion, since most of them, in case of transparency processes is ongoing. There are no independent TV and fairness of political procedures, would lose their channels, national TV covers only those views that Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, preferential position; therefore they support a closed, are close to the ruling elite. The new Constitution, authoritarian and corrupt political regime. adopted by means of conducting a doubtful referen- dum, excluded the existence of a check and balance Cultural and psychological picture. system and opened the way to creating an authori- Regional and tribal divisions and the political struggle tarian regime. The leadership of the parliament and on the basis of such a division makes the process of entire government is formed from representatives free expression more complex often by forcing peop- of the pro-residential political party. Thus, there is le against their will to comply with established group a consolidation of the monopoly on political power and regional interests. Many politicians have encou- in the country, and democratic promotion is exclud- raged people’s division into regions and tribes while ed from the national agenda. A question arises: why choosing political positions. Political philosophy, ideo- Kyrgyzstan, being the most advanced country in view logy, principles and positions are substituted by fea- of democratic promotion, has chosen authoritarian tures of geographical and blood-kinship identity, and development? Is it possible that those democratic pr- as a result democratic processes are being delayed. ocesses that took place in the country were incidental People cannot propose and bring about such a group and non-decisive? In fact, the democratic develop- of national politicians who could qualify for national ment that had been supported by that ‘free spirit of level political leadership. During parliamentary elect- mountaineers’ for more than 10 years was not forged ions based on political parties, regionalism continued either by creating respective political institutes,(stre- to play a significant role in the process of voting. ngthening in people’s mindset the importance of de- mocratic values) or by forming a layer of middle class Democracy is sustained by civil society. as the basis of democracy. The ideology that is being Among those bases of democracy that are present in imposed in the country has emerged in the shadow the country, only two have proved their solidness and of Stalin’s philosophy and has nothing to do with de- sustainability. First of all is that mentality of mounta- mocracy. The carriers of the current official ideology ineers who respect free spirit and free expression. It are people with the old way of thinking who lead was not just a joke when W. Churchill wrote “freedom people back into the past. This is an internal answer lives in mountains…” Also, it is the strongest civil so- to views on democracy in the country. Let’s consider ciety in the region. Nowadays, one third of the capa- now the external aspects of the problem. ble population works in NGOs, and they give to state activities certain sustainability. NGOs have created

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External factors. The regime of Putin in comparison with the previous In the 90s especially in the first half, post-Soviet co- regime showed its effectiveness and attractiveness. untries tried to survive under extremely difficult con- The efforts to revive the great Russia forced post-So- ditions and move firmly along the path of independ- viet countries’ leaders to think on the priorities of th- ence. None of the countries, including Russia, could eir foreign policies. Russia gradually has come round define the conditions regarding a model of develop- to the model of “sovereign or regulated democracy”; ment. Countries were searching and they paid more it means that the state must play a leading role in attention to remote countries to look for relevant sa- the reforms of the transition period, and each count- mples. The Russia of Yeltsin was in the process of ry must develop democracy without any interference romantic cooperation with the West and widely used from outside. In Kazakhstan, as a result of the cru- democratic rhetoric. The key countries of the regi- cial suppression of the opposition and consolidation on – Kazakhstan and Uzbekistan, led by experienced of a monopoly on power, the authoritarian regime of party members, did not rush to introduce democra- president Nazarbaev was established. He continues Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, cy, yet not limiting others, while contemplating the to stay on the Kazakh path to democracy, the point possible results. In this context, Kyrgyzstan’s search of which is to create a new economy, to form a so- for its way and its declaration of democratic values, lid middle class, improve the welfare of people and with the support of western countries, especially of gradually move into democracy without the political the USA, were easy to understand and even quite upheavals and threatening crises. natural. Both countries have a substantial financial capacity But closer to 2000, democratic processes in Kyrgy- to perform large-scale economic and social projects. zstan triggered more anxiety among its neighbors. It is a matter of fact that both countries are succe- Their vision was that it is dangerous to introduce de- ssfully modernizing, and the welfare of most of the mocracy to a country where the historical, cultural, population is increasing annually. Moreover, both co- economic and social preconditions were absent. Thr- untries have certain financial capacities to influence ough the views of various Kazakh and Uzbek experts, such small countries as Kyrgyzstan. Another impo- it was made obvious that rapid movement towards rtant factor is the SCO; its activities have more and democracy, playing with political opposition may re- more impact upon the internal politics of its member sult in oсhlocracy and chaos in the country, which countries. While being a club of authoritarian states, can be used to the advantage of various extremist the SCO strives for securing itself from any stronger groups. influence of the West, and never tires of repeating that the USA uses democracy as an instrument of in- The events of 2005 seem to confirm their worries. terference. But recently a very symbolic event took But this is a first impression. In fact, those developm- place, which could change many things in the destiny ents in Kyrgyzstan had their own logic and contained of democracy and freedom in the region. Kazakhstan a number of useful lessons for its neighbors. By was elected as OSCE chair in 2010, which confirmed 2005 the external backdrop had seriously changed. the correctness of the chosen course targeted at a The Russia of Putin moved along the way of auth- gradual and affirmative advancement of democracy. oritarianism and targeted a return and strengtheni- It is a very serious decision for Kazakhstan, which ng of its influence upon post-Soviet territories. The has no way but to get rid of authoritarianism and policy of romantic relations with the West changed introduce democratic institutes in the country. to restraining the West’s influence and outright con- The West thereby showed that Kazakhstan has a un- frontation. ique chance to become a leader of democratic refo-

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rms in the CIS. The real movement of Kazakhstan tless possibility of democratization of societies that towards democracy may radically change the consci- remained for a long time under the rule of dictato- ousness of the political elite in Central Asian countri- rs. Many in the West understand that such countries es, who may in turn want their countries to continue must go through a long and complex process of dem- along this path too. In this way Kazakhstan as well as ocratization, before talking about real democracy. other countries may need to turn to Kyrgyzstan’s ex- perience. Therefore, the current efforts of the ruling The reaction of the West on the events in March 2005 political circles in Kyrgyzstan to move back and chan- in Kyrgyzstan shows that the priority is stability and ge the course of democratic promotion do not agree predictability in the region. The long-term interests with the emerging political situation in the region. of Kyrgyzstan, in my view, include constructive co- operation with the West, with the USA; this is par- The influence of the West and our relations- ticularly true regarding democracy promotion in the hip. country and in the region. We can learn a lot from the Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, The attitude of the West, especially of the USA towa- experience of European countries that operate on the rds democratic reforms in the region is characterized basis of political parties. by moderation and pragmatism. The prolonged war in Iraq and unsuccessful efforts to sustain democracy Bakyt Beshimov, Professor in this country undermined their belief in the doub-

HOW DECISIONS ARE MADE IN KYRGYZSTAN

Roundtable transcript

On January 30 there was a round-table at the Bishk- the opposition in political decision-making”; ek Press Club on the topic: “How decisions are made 5. Bazarbay Mambetov, President of Oil-tra- in Kyrgyzstan” Reports by well-known experts, relat- ders association, Kyrgyzstan: “The role of negotia- ed to problems in various fields of political decision- tions in the solution of the energy sector’s proble- making, were presented. ms”; 6. Shamaral Maychiev, a media representati- Below are the list of speakers and topics of pr- ve: “Mass media reforms: process of decision-ma- esentations: king”; 1. Valentin Bogatyrev, Director of the Analyti- 7. Ishenbay Abdurazakov, chair of Supervis- cal consortium “Perspective”: “The role of the elite ory Board of the Public foundation on political res- in political decision-making”; earch - “Project of the future,” ex-State Secretary: 2. Muratbek Imanaliev, President of the Insti- “The process of foreign policy decision-making in tute for Public Policy, ex-Minister of Foreign Affairs: Kyrgyzstan”; “Water and energy relations in Central Asia. A vis- 8. Erkinbek Alymbekov, a public figure, ex- ion from Kyrgyzstan”; deputy of the Jogorku Kenesh: “Lobbying in the 3. Zainidin Kurmanov, a member of parliam- parliament”; ent: “The role of analytical centers and experts in 9. Miroslav Niyazov, a public figure, ex-se- decision-making”; cretary of the Security Council: “The process of 4. Tamerlan Ibraimov, Director of the Center decision-making on security issues”; of political-legal researches: The role and place of

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Moderator: Gulnura Toralieva It is understandable that when one relies on such criteria and look at those who position themselves as Gulnura Toralieva highlighted the topics of the pr- elite, it is hard to find even ten people who can inde- esentations and gave the floor to the speakers. ed be considered as the national elite. Sociology and political science do not have high standards in their Valentin Bogatyrev: definition of elites. The first question to be answered is the question of elites. As a result, they regard those people as elite who are In my view, in its full meaning, only those groups, or able somehow to influence decision-making or opin- people, may be regarded as part of a national elite, if ion-formation. This interpretation implies that there they meet four major requirements: are a great number of “elite” groups. • To have a vision of problems at a national level; From hereon in I will use this term in quotes. The Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, • To have a vision of the future; composition and method of participation of them in • To have personal responsibility for national decision-making or opinion-formation is quite standa- development; rdized. It depends on what kind of skills and capacity • To have activities targeted at the solution such people and groups have. In today’s Kyrgyzstan, of the country’s problems and a realization of a the “elite” cluster may include: vision of the future. • People who possess enough financial reso- urces to influence decision-making or organize media One has to consider two major conditions. activities on the national scale; • People who, as a result of circumstances Firstly, all of these requirements are essential; if one (formal status, close relations to the clan groups in- of them is absent, one cannot confer the status of volved in decision-making), are able to regulate or ‘elite’. The second condition is that the fundamental influence the process of regulation of financial and drive for the creation of an elite is the acceptance informational resources (all state officials are includ- and responsibility of people’s destiny. The elite is res- ed); ponsible for the future, since they shape it. Thus, the • People who belong to professional groups parameters of an elite are taken within the nation- relevant to public opinion-formation; al framework and determined by their activities, but • People who start public actions (including NOT by social status, the nature of their work, am- those organized) at the expense of one’s own resou- bition level, their political role or at somebody else’s rces, those attendant, or foreign resources; behest. One can be an internationally known writer • Local and regional “elites,” formed from pe- or academic, a leader of the ruling political party, or ople with a high social status and connections to the the country’s president and still not be a part of the local and/or the regional identity; national elite. • Ethnic “elites”;leaders of ethnic groups who attained legitimacy in various ways and who are According to the national tradition, a good example somehow capable of solving problems in their ethnic of this status is the figure of manap. In the society groups, formally or informally; where national identity has been formed at the tribal • Criminal “elites”; leaders of the organized level, the institute of manaps was considered elite criminal groups, who influence decision-making bec- from the national viewpoint, not just tribal. ause of their connections with law-enforcing structu- res or people in power;

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• And, finally, the main group: people who are characterized as real politics more than formal directly participate in the preparation, discussion and political relations, which exist among the formal state undertaking of socially important decisions because institutes or officials. The role of “elites” in decision- of close relations to the clan groups involved in de- making thus must not be underestimated and rejec- cision-making. This structure is completely different ted. Another question is that in such systems or re- from the formal structure of state and political in- gimes (if this word is more favored by the audience) stitutes stipulated by the Constitution and exist in there are specific formats and mechanisms by means reality. of which this role is realized.

Thus, we have governance, and more broadly a so- I will mention some such specific forms. One of them cial diplast. There are real and quasi-governance sy- is the institute of family. By Family in this case, this stems. In the normative way, it is observed in the includes not only the relatives of powerful people. simultaneous existence of legal and traditional norm- Family is a special social conglomeration that has Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, ative regulation when the unwritten or traditional law persistent relations based on their common interests dominates. By traditional law, here, we understand and a high level of personal trust. Here, people and not a totality of national traditions and norms, the groups who are connected with the powerful by per- nation’s ethical code and so on, but a system of soc- sonal history are included. ially-recognized norms of relations and behavior that have been formed within a certain historical period The second form is something that can be characte- and within certain historical circumstances. rized as the institute of “advisors.” There is a group of people who have somehow happened to achieve For Kyrgyz society, this historical period was the last the right and opportunity to form the information- century and a half, with the compelling circumstan- al space of power and propose governance policies. ces of the Russian model of social relations. In such The composition and stability of this group is defined a system, the formal norms or law acts as a quasi- by the amount of informational trust in them and the regulator. effectiveness of those decisions proposed.

The peculiarity of such a system is that the positi- The third form is “prophets” from abroad. These are on of certain people in formal power institutes and people, states, international and private organizatio- the governance of political subjects is not a condition ns, which have the “truth effect” and trust potential that strengthens being “elite,” but a condition that based on authority or power (military, financial, inf- formally confirms the already real status of “elite.” ormational and so on). The forth form is the public Power doesn’t create the “elite,” but the fact of being action initiative. The spectrum of tools here is quite “elite” creates power; this maxim is true for both the wide, from meetings and protests to initiating natio- real and quasi-elite. nal programs. The fifth form is the public outbreak It is a mistake, and an unaffordable simplification, to of “elites.” argue that the existence of two diametrically opposi- ng social spaces causes the alienation of “elites” from Examples of such a format of influence on political decision-making. The reality is different, and much decision-making are the methods of Dr. Nazaraliev, more complex. or public speeches of Dooronbek Sadyrbaev, or the opposition press. It has to be pointed out that as a Taking into account that all “elite” groups represent result of the low recognition of the role of this “elite,” the interests of certain social groups, their activities this method is of low effectiveness. All five forms of

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“elites” in political decision-making I have sequenced countries. For example, the principle of cooperation, according to their impact on the process of decision- the principle of territorial integrity, and many othe- making: from the most effective to the least. All “el- rs. Certainly, these principles require some additional ite” groups that can be distinguished in our country, work, and it is necessary to try to develop new pr- without exception, use all mechanisms and channels inciples for relations concerning the complex of rel- to influence political decision-making. ationships among Central Asian countries, including water-energy issues. Muratbek Imanaliev: I will not argue, dear friends that water as an object and subject of the economic Quite recently, about 8-9 years ago, Kyrgyzstan pro- life of Central Asia, is a problem of vital importance posed a principle that seemed important in our view, for Central Asian countries. I would like to talk about - the principle of an inter-sectoral balance of interests how the concept of water has been transformed in all on water-energy issues. The idea was that the wat- aspects and respects in the process of transition from er-energy complex, including parameters, variants of Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, the Soviet lifestyle to the independent way of life. The problem solution must not be excluded from the ge- concept of water, as an integrator and as a method of neral context of relationships between Central Asian taking some political decisions, has radically changed countries. This was the major point of the principle within this period. It has to be said that during Soviet of interests balancing. Why? As you know, regional times, water was a political resource in the solution countries have been clearly divided into groups: co- of very important economic and humanitarian probl- untries which possess the origins or where the basin ems. However, the decisions were made in Moscow. of water resources is formed; here it relates to rivers With the collapse of the USSR, water ceased to be and also to various water bodies, glaciers, and co- a common value. It is true from the state viewpoint untries that are located downstream and use these and also in the public perception. Water has become resources. To have upstream countries supported in the cause of conflict situations, including the definiti- the solution of economic, social and humanitarian pr- on of water and two important things have not been oblems relating to water, downstream countries nee- clarified. The first, water has a value in all respects ded to consider a balance of interests in the context for the whole region. Briefly, it is the regional value. I of sectors. In other words, if we make concessions in would like to stress its social and political importance water-energy issues, our counterparts should make in this regard. The second are the principles of inter- some concessions while forming transport, infrastr- action on water-energy issues. ucture and many other important sectors for econ- omic development. But unfortunately, the selection I believe that the principles of interaction are the of a development model of Central Asian states and most important condition, since generally a principle forms, the quality and meaning of the acts of these is a kind of regulator that is relevant to all forms of countries at the international stage are personified. interaction of various state structures. It could be be Many things depend not on the common formula of during war, peace, conflict, when dealing with certain foreign policy of a country, but on a position taken by economic problems. Water remains within the gene- the head during certain negotiations. It relates to the ral context. The first thing that comes to mind, and water-energy issues and to such problems as integr- should be applied, are the principles of international ation. Unfortunately, there is no result from this. law relating to these issues. In general, international law principles that are widely used at present in inte- I would like to touch upon one more initiative of our rnational practice, unfortunately, are not fully operat- country – the establishment of the water academy. It ional in the context of relations among Central Asian seems to me that when we talk about the water ac-

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ademy, we forget a very important detail mentioned space is taking place simultaneously. To understand by our institute 7-8 months ago through messages it, I perhaps need to say that analytical centers are on our webpage. The point is that the water acad- considered as non-commercial and non-party organ- emy is not simply an institute, which does research izations. It does not mean non-ideological institutes and develops recommendations on how to solve the oriented to research. One of their main purposes is to water-energy problem. In my view, it is more import- influence public opinion and state policy. ant to consider the water academy as a public policy institute to form the politics of water in Central Asia. Analytical centers may vary depending on their mis- In this sense, water must not be a subject of conflict, sions, the quality of their experts, and the problems but a stimulus for integration. We must understand they deal with. At present, analytical centers may that water is of regional value. In this view, I would have up to thousand employees and a budget of one like to emphasize a very important moment, which million. At the same time, there may be a single ex- may inject new ideas to those who deal with water is- pert and small political centers with a small budget Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, sues. According to statistics, there is more water per and a small number of personnel. But all analytical capita in Central Asia than in Western Europe. The centers went through several stages of development. problem is that we do not know how to use it ration- The first analytical centers appeared within universit- ally, correctly and for our mutual benefit. Therefore, ies. They were established by leading philanthropists the decision–making on water-energy problems as and intellectuals who wanted to create an institute well as on other issues, is basically about forming the where researchers, state leaders and private sectors common regional value system and value concepts, could gather to discuss the most important issues. one of which is water as a humanitarian, social, ec- Thus, there are the Carnegie Endowment for Inter- onomic and political value in the whole region. Until national Peace, founded by the billionaire Carnegie; we understand it, it is very difficult to continue our the Hoover Institution of war, revolution and peace, livelihood. It may result in having the Fergana Valley founded by the former president Hoover; the Hudson swamped as well as undeveloped economies in alm- institute and so on. These and other centers focus on ost all countries of the region. applying their expertise to solve different problems. These centers are considered important for conduc- Zainidin Kurmanov: The history of the emergence ting high-quality academic research and publishing of analytical centers is about a century long. The fi- various books and magazines designed for a variety rst analytical centers, or think-tanks, emerged in the of readers. Even though experts from such institutes USA and were related to the political activities of the provided advices to politicians, their major goal was country, its peculiarities. The industry of research cu- not to influence political decision-making directly, but rrently appearing in Kyrgyzstan is closely related to to inform politicians and make them and the public the political practice of this country. It is within the aware of the potential consequences of various poli- conditions of established political systems and the tical decisions. These institutes stood aside from the system of the functional representation of interests. political process, and worked on the principles of int- Most analytical centers were founded in the 60-80s ellectual and organizational independence – currently of the 20th century, along the path of development; being ignored by many contemporary think-tanks. they underwent evolution, and a stage by stage de- velopment. The example of Kyrgyzstan is an attempt to create such an institute. Unlike the Western European countries and the USA, the formation of analytical centers in the post-Soviet The second generation of think-tanks came when st-

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ate contractors emerged. As a result of the increased in internal and external politics. They also produce responsibility in the wake of the Second World War, some publications, conduct seminars, symposiums when the world split in two, Washington politicians and do research in a number of practical fields. needed competent think-tanks to help them develop comprehensive and well-grounded policies. During In view of evaluating the degree of influence that those days, the largest think-tank corporation “RET” think-tanks have on politics, we are at the beginning emerged, and brought the analytical services of thi- of this stage; it has started to develop quickly since nk-tanks to the whole world - a new generation of st- 2005, when the idea of a possibly incorporating the ate contracted political institutes became available on proportional representation election system and poli- the market. These centers were financed by govern- tical and party life was actively discussed. ment structures and departments, and did research targeted at solving concrete political problems. The International analytical centers have started to oc- main guarantee of the qualitative research within this cupy a special place and position in their countries. Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, understanding is when a state is interested in tapping They are becoming a global phenomenon, financed the truth from qualified experts with qualifications. by large charity foundations, corporations, and inter- In Kyrgyzstan, the International Institute of Strategic national organizations; and they have a great impact Researches is trying to deal with such tasks. upon the formation of politics. They are noticeable in many respects and important participants of the polit- The third generation of analytical centers came with ical process. The think-tanks can and must contribute the emergence of think-tanks which protected cer- to national politics. One of the most important tasks tain interests and positions. They combine political of the expert community is to develop alternativeays researche with aggressive marketing methods cha- of solving problems. So far, a state does not expre- racteristic of many lobbying groups. Being oriented ss much interest in developing an expert community, to protecting certain positions, think-tanks have rad- however, a result or a product of their activities, they ically changed the role and character of the political are finally being recognized by the public. For the community. Unlike previous think-tanks which were post-Soviet countries where the system of functional reluctant to get involved in political debates, these representation of interests is not well institutionalized political institutes are ready to use means to influen- and where the institutes of civil society are slowly ce politics. The American analytical industry became developing; analytical research in most respects is more competetive; most think-tanks became aware the problem of development of an expert community of the importance of public attention and occupying as such. Other countries’ experience shows that the the minds of politicians. We can observe these elem- institutional basis for developing an expert commu- ents as well; our think-tanks do not stand aside, but nity can be government analytical centers, centers actively participate while positioning themselves on a at political parties, independent expert associations, certain side of the political process. education centers, and each of them has its own str- engths and weaknesses. The fourth generation of international centers is not relevant to us. These are think-tanks which aim at The strength of governmental analytical centers is leaving a heritage. But that is perhaps our future their closeness to the system of decision-making, goal. This is the newest type of think-tank – Carter’s hence, they have extensive access to information center, Nixon’s center, Gorbachev foundation which and possibilities for analysis. On the other side, the represent analytical structures established by former weakness is their status which shapes the nature of presidents who wanted to leave a long-term legacy- their activities and limits the list of problems that are

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within their interests. Such centers usually have a fl- quite obvious that under such conditions when the exible system of cadres, and the most important is law does not function or does not function well; th- that these centers are perceived by people as prom- ere is no guarantee either for those in power or for oting positions of state power. The problems of polit- the opposition. Decision-making is spontaneous, and ical engagement are characteristic of party analytical since the major center for decision-making is those centers, which are absent in Kyrgyzstan. The interpr- in power, in our case – the president, the main cri- etation of results are usually viewed in the context of teria for decision-making is securing those in power a represented group, however, this feature can make and strengthening their authority. The second is the them useful participants of de-generative analysis. instability of the social-political situation in the coun- The strength of independent experts and analytical try. It is obvious that the situation we have today is centers is the possibility to do research on a variety unstable. There were many statements made by the of problems, flexibility of the cadres system, and less president and others in power after the parliament- politicized conclusions. However, they remain dista- ary elections which indicated that the country would Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, nced from the decision-making process, and it does be stable eventually. In my view, that is completely not allow them to influence the political process. incorrect, it is an erroneous vision. After conducti- ng referendums, elections and large political reforms The state contracts out a lot of market research but and violations of the law, the powerful have stability the opposition ignores these institutions and hardly for the time being and feel that they are protected ever uses the expert data and research in their own from the opposition. By violating the law and playing work. according to the rules written by them (within a short period) but not according to the widely accepted and Tamerlan Ibraimov: First of all – what is opposi- compulsory rules, those in power encourage the op- tion? Conditionally speaking, it is a group of people position to do the same. One more factor is the lack who have different views on the political developme- of resources. Even though this thesis is quite relative. nt of a country opposed to those in power. As usual, We often talk about lacking means and finances. How this group has an alternative program for developm- do we need to approach this question? Above all, it ent and a tea willing to realize that program. What is important to clarify our goals and tasks, and then is the decision-making process? This is an important look at how they can be achieved. It turns out that in element for shaping political demands of various ci- fact there are financial means to achieve those goals vil groups that will be accepted by public, and the and it is possible to find them, but those goals and means and methods for regulating social relations. tasks are identified incorrectly. There are two main methods in decision-making: the first – normative method, i.e. there is a process of Another moment I would like to talk about is the low rational choice in political goals in complex situations. professional and intellectual level of state officials, The second method is behavioral, when the process which directly impacts the quality of decision-making. of decision-making is a result of a specific solution to In this meaning, there is the fifth point – cadres’ po- a concrete but momentous situation. Mainly, such a licy. Often an appointment takes place, and it is, first situation impacts the decision-making. of all, unpredicted; secondly, the cadres are shifted around d a great deal, and the third is that often the In my view, what we have nowadays in Kyrgyzst- criterion for appointing a high-level state officials is an is likely to be the behavioral approach to political not their professional level, nor their skills to solve decision-making rather than normative. There are a certain tasks but other factors which are related to number of key factors. The first is lawlessness. It is which group they belong to, their loyalty to those in

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power, their skills to implement any tasks. It is natural mistrust. It is quite obvious that when one side viol- that under such conditions, political decisionsare only ates the rule, correspondingly, the other side will do declared on paper. For example, the recently stated the same. declaration about improving the judicial system’s ind- ependence. A few days after, the head of the Supre- What can be done in this regard? The major issue me Court was removed, and this decision was taken here is the process of the opposition’s institutionali- in a rush. Here, I am not evaluating the activities zation, i.e. the creation of a stable system, a stable of the head of the Supreme Court but talking about opposition institute, which would act consistently and the process that took place. Or another moment that within the law and would be able to express its pos- relates to the democracy in our country: the Bishkek ition. If you remember, there was an extensive disc- city kenesh made a decision to issuing permits for ussion on this point, but the decision was not taken. holding meetings. It is good that the law was not passed. It would have been a declaration of the opposition’s rights, which Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, If one talks about the role of the opposition in po- would not encourage its institutionalization, but wo- litical decision-making, then I would consider this uld be a kind of declarative facade. In fact, the op- process as chaotic rather than systematic. We can position would have stayed in the yard. The major cite an example of 2006, when the main law of the step towards opposition institutionalization must be country – the Constitution, was adopted with the dir- an improvement o parliament’s role, i.e. parliament’s ect participation of the opposition. I would say under development. This is because the opposition’s place, the pressure of the opposition. When the opposition first of all, has to be in parliament. In addition, it is influenced meetings, there was an attempt to estab- important to develop our election legislature and st- lish the Constituent Council. Under this pressure, the rictly follow it. When the opposition has the real and president took the political decision to agree with the legal chances to come to power, they have no guar- opposition and signed the Constitution. Then people antees that sooner or later people will support them; saw that there was a drawback. I would character- they will come to power and be able to advance their ize the process of participation of the opposition in ideas, of course, the opposition turns to other meth- political decision-making as ‘inflows’ and ‘outflows.’ ods in order to gain power. How was the decision made on participation in the HIPC program? First, the Prime-Minister stated that The process of semi-legal and semi-underground so- we needed to participate in this program. Then, the lutions and mechanisms to come to power is the real president vetoed this decision. I think it was the re- danger present in the country. Many currently critic- sult of the activities of many public organizations, ize the opposition for not having a vision, programs political parties and citizens who were against our or real politicians who will be able to realize these participation in this program. At the same time, no programs. To a certain extent, I agree with this poi- one conducted a detailed analysis, evaluated points nt, but I think that the same can be said of those in “for” and “against” – entering or not entering the power. The government and the opposition are at a program. The decision was taken mostly on an em- similar level in the country nowadays. I believe that otional level. both the power and opposition must develop. Above all, we need to decide what kind of state we want Generally, the relationship between the authorities to build. Without a clear understanding of what kind and the opposition is characterized not by a syste- of state we need and what kind of functions it must matic and constructive cooperation, but mostly by a perform, we cannot know what kind of institutes we mutual rejection of each other, and atmosphere of need to construct, and hence, what kind of mecha-

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nisms we need to apply. When the authorities and It would be really good, when we learn how to deve- opposition decide clearly on this question, then there lop a strategy of people’s behavior during negotiatio- will be advancement. Although from other hand, the ns. When Uzbekistan stops providing gas, it does not authorities have more or less defined the concept of mean that we have no choice, and should only talk state-building. This is the model of a state, the so about this problem and try to please them, accepting called “sprut” – designed to address questions in all their unfair conditions. During negotiations we sho- spheres of social life. It seems to me that this is not uld make out that this is a small problem concerning the right approach given the realities of the country, the gas industry and that Kyrgyzstan does not suffer resources and social-political situation and the extent much and try to solve it as soon as possible. In 2001 of public conscious development. The state is doo- Uzbekistan stopped providing gas for 2, 5 months, med to erbulance and perpetual shifts in the ruling but we did not suffer much. Together with Kazakhst- regime. I think, a state must be more compact, and an we use the same gas pipeline of 720mm diameter, take responsibility, first of all, in securing borders and and it gave us the opportunity to use Kazakh gas Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, solving the most important questions of market reg- from this pipe illegally. ulations; it must not get involved in the small details of market relations. When the authorities and the op- At inter-state negotiations there are no uncomfortab- position agree upon the main issues it will be easier le questions, there are only state interests, and sup- to build relations, including political decision-making. plying water, electricity, gas, oil, coal and coal to one The process of political decision-making is an indep- another are the major issues between states, there endent science which implies the application of mo- are no other important issues today. dern methods, analysis and interaction with different If these issues are at such a level, then negotiations groups. When there are no clear rules, tasks, goals must be conducted at the level of head of states or or mechanisms for reaching political purposes and head of governments. As usual, they do not say ‘no’ tasks, it is obvious that the process will be chaotic, to each other and they reach a solution quickly. It and there is nothing good about it. is not right when the government assigns the head of the Joint-Stock company “Kyrgyzgaz” to negotiate Bazarbay Mambetov: A lot must be done by the with Uzbekistan at the inter-state level on the issue people of Kyrgyzstan and first of all by the leadership of gas when he fails to meet the level of Uzbek neg- to recognize the importance of water problems in Ce- otiators by age, competence and status. ntral Asian politics. The point is that we can only build our future relations with neighbors as equal partners It is natural that such an attitude to negotiations res- through water-energy resources. However, the public ulted in the situation when Uzbekistan raised the pri- still lacks a common understanding of the issue. If ce of gas 3 times a year, and it is now 145 US dollars Kyrgyzstan needs hydrocarbon resources regulated per thousand cubic metres instead of the 55 that it by Uzbekistan and Kazakhstan, they need the water was in 2006. Our representative did not mention at resources and electricity that are developed here. negotiations that many of Uzbekistan’s pipelines and regulating gas pipes are within the Kadamjay rayon, We are interdependent. Therefore, at any inter-state and a part of them must be given to us. Moreover, negotiations, we need to stand as equal partners, be- there is the underground gas-storage “Severnyi Soh,” have reasonably and operate with sound arguments which is used by this country, and Uzbekistan contin- but not ambitions. Those representing our state dur- ues to extract gas and oil in our Burgandinsky massi- ing negotiations, should not ow down and show their ve, which must be stopped, and the main production weakness, surrendering our interests. foundations given to Kyrgyzstan.

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The international community would have highly est- It is humiliating when the heads of electro-energy imated Kyrgyzstan’s actions, if it proposed that Uzb- companies of Kyrgyzstan at any occasion are called ekistan and Kazakhstan do not consider international and they rush to Tashkent, Almaty and Astana. water flows a separate issue but as a part of the problems that can be jointly adressed. Then all Ce- The irrigation needs of Uzbekistan and Kazakhstan ntral Asian countries would have begun to take us in the summer time, from April 1 to October 1, alo- seriously. It is a fresh view of the issue, and based ng the dam site of Toktogul water reservoirs on the on current international law which has some general Naryn River accounts for 6-7 billion cubic metres of provisions for regulating trans-boundary waters. In water. At the beginning of irrigation, on April 1 this fact, there is no effective international mechanism for year, the Toktogul water reservoir has 7 billion cubic conflict resolution regarding the use of international metres. That is not enough if you consider that 5,5 waters. Under such conditions, agreements on usi- billion cubic metres of water must stay behind the ng trans-boundary waters depend on the willingness dead limit and cannot be used. Taking into consider- Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, and readiness of states to start constructive nego- ation the inflow of the Naryn River in summer, we can tiations. There is no international rule according to not give our neighbors more that 3 billion cubic metr- which the upstream country must supply half of its es of water and develop exactly 2,7 kilowatt hours of water-flow to downstream neighboring countries. We electricity which will cover our own consumption. It should not play with our neighbors, and say that it means that in the summer time, we will not be able would have been beneficial to use the Toktogul Hy- to provide enough irrigation water to our neighbors dro-electric station in the water regime rather than and offer to sell buy cheap electricity from the Tokt- energy, if our neighbors assisted us with a sufficient ogul stations. supply of hydrocarbons, gas, masout and coal at re- asonable prices. If we go this way, then we will lose Of course, such a course will make our neighbors ne- everything that we have. We will not then think about gotiate to find ways out of the critical situation. Could our future leverage and our power to influence Cen- we behave decently and show that neighboring coun- tral Asian politics. tries need our water? To show that our water-energy agreements are possible if our neighbors show good Our electro-energy potential is as such that without will and guarantee supplies of of gas, oil, masout and the cascade of the Toktogul Hydro-electric stations other energy? This could be the key element of our neither Uzbekistan nor Kazakhstan could exist. The state water-energy policy in Central Asia. stations function successfully as part of the Central Asian energy system, which provides energy security Even with our difficulty in paying for Uzbek natural for Uzbekistan and Kazakhstan. gas, we still can benefit economically. Until 1996 we paid for gas with products produced in our country. The same cascade provides the necessary frequency These are cement, slate, asbestos-cement pipe, gla- of 50 periods per second in the electric-energy syst- ss, wheat, corn and so on, which is in highly demand ems of the above states. If this frequency falls down, in Uzbekistan. This payment scheme made many na- then the whole industrial and electricity system will tional production units function. But the authorities not function. Then, upon their request, we will pr- during Akaev’s regime in 1997 agreed to an Uzbek ovide sufficient power through our stations. While proposal to pay for gas with normal currency without having such an obvious leverage on electro-energy thinking of the ramifications. As a result, what and issues, we do not know how to behave at negotiati- corn production went backwards and we lost glass ons with energy experts from neighboring countries. and asbestos-cement product market.

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Negotiations are a significant part of state policy. public institutes that influence the decision-making This is the position and strategic line of the state, process or even have the willingness to come up with and more importantly, it is the face of the country. a solution to these problems. However, civil society Therefore, it requires a very serious approach from is actively involved in the media market. Media co- everyone involved in the process and a high level of mmunities and other NGOs can be characterized as responsibility from state officials. units of rapid reaction. For example, if a journalist is arrested; they make a statement right away. Let’s say Shamaral Maychiev: There are many conferences there is a rection to a presidential decree on nation- or other events relating to the mass media. Many al TV – meetings, protests, statements, conferences. issues are at the solution stage of. Today I would like But these issues are not only about the mass media, to point out those who make decisions in this field as they are short-term questions. There is no strategic well as problems and opportunities out of this situa- direction and when civil society does not know what tion. At present there are 7 problems that are politi- direction it is going in – what will happen in 15 years. Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, cally and normatively defined. They all are under the The absence of such parameters or indicators leads remit of the state and must be solved via decrees and to many cases where they react quickly and follow- laws. The first problem is the national TV. The second up events that happen as a result of various political is the privatization of state-owned mass media. The and economic conditions. third is self-regulation of the mass media. The forth is the transition of our country from analogue to digital As for the national TV, the president issues a decree; coverage. The fifth is the humanization of legislature there is law, there is even an elected council, but the in respect to slander and humiliation. The sixth is political will of the president, parliament and the KTR radio frequency. This problem has been debated for itself is absent. Moreover, it is not only the absence for 15 years and cannot be solved. The seventh is of political will, but today, there are some preparat- the problem of professional education. To implement ions to make changes in the law which are basically the decisions that have been taken it is necessary to not implemented, and therefore return to the old TV have will, take action and get results. Often there is that has nothing to do with national TV standards. great will, but also no will at all. The major problem The council includes representatives of the president, is the absence of action from those who make deci- parliament and civil society. The representatives of sions and are responsible for the results. In practice, state bodies have isolated themselves, but the rest there are no results pertaining to the above mentio- continue to act. They developed a reform project. ned problems. Even when decisions are made, it is They prepared a strategic plan for development and necessary to guarantee that they will be carried out.. KTR reformm, but there are no guaruntees about the Those guaruntees are political, economic, financial, organization or infrastructure. Today they do not even technical, legal and social. When there are no such have a place to convene. No place, no solutions. guarantees, the decision simply remains declarative. As for privatization, there is a presidential decree, but At present, there is a specific part of the mass media no political will. - people and institutions - that make decisions: the The question of media self-regulation exists in all de- powerful are represented by president, parliament, mocratically developed countries. At present days, government and the state structures in charge of those who make decisions are mass media and jou- monitoring this field. It is quite a complex system. rnalists themselves. At the national convention, such Civil society generally supports the solution of these an institute was created. They adopted a provision tasks. The most passive are consumers. There are no on the commission of complaints. I hope that they

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will be functional. veloped. And tomorrow, our information market may simply disappoint a neighboring country or it will be Concerning the question of transition into the digital full of information from other countries. The typical coverage, it is the large problem. Globalization leads example is the humanization of criminal legislature to digital coverage. The period of the transition may on slander and humiliation. During the former and be long, or it may be short. But today it is an obj- current presidents, parliament received draft bills on ective necessity; our country has adopted this idea removing articles in the Criminal Code. Unfortunately, even though there is no program yet. This problem these articles have been removed. relates to technical guarantees implemented by the government, - the national agency of communicat- Is there freedom of speech in Kyrgyzstan? Freedom ion. Extensive technical operations must be carried of speech and freedom of the press are often relat- out to identify the reasons and conditions for a tra- ed to the political struggle. It is the strongest factor, nsition to digital coverage. These issues depend for but there are still international criteria and indicators Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, the most part on the coordinating with the interests of freedom of speech. The evaluations of “Freedom of neighboring states. In Russiam its conception is House” and other organizations are made according 80 pages and so all points are well covered. We have ot these criterion. In general, an individual can freely only 7 pages and I am afraid that it will not be imp- express oneself in the press. But there is a problem lemented. concerning electronic mass media, the problem is not in having access to existing channels but in not hav- The problem of radio frequency. Our country has not ing access to electronic coverage because there are been given a radio frequency or five years now. If we no frequencies. However, in 2010 this problem may wait for another 3 years, this problem will be solved disappear with the transition to digital coverage. automatically. By 2010 there will be central coverage, and each channel on the same diapason will have Ishenbay Abdurazakov: Based on my own expe- 765 channels. There will be no mass media that co- rience and the experience of other countries, I can uld use the whole volume. But here another problem say: the mechanism of decision-making is complex emerges, the problem of information security. Now- and difficult. This is because it relates to many as- adays, digital coverage brings many other frequen- pects of internal politics, the politics of neighboring cies and channels. If our mass media do not meet countries, and the international situation as a whole. international standards, then our information market ie not to lose ‘face’ on the international stage, espec- will be full of Chinese, Uzbek and European channels. ially when we don’t consider foreign policy just as su- Our consumer will receive information mainly throu- pporting formal relations between countries, but also gh these channels. That includes objective, reliable, as a means, i.e. solving issues of national interest non-biased information about events in Kyrgyzstan. through foreign policy. In this meaning, foreign policy is an inherent part of state policy relating to security, The final problem comes from the latter. It is neces- economic, social, information and cultural policy as sary at the state level to change standards of educ- well as other issues. ation in journalism. A journalist must receive intern- ational standards of education at universities. This is In my view, there is no such mechanism in our state, a great problem not only at the information market. for analyzing and then formulating a task - defining Kyrgyz citizens must be competitive everywhere. But strategic goals in all aspects as well as tactical met- here in the information sphere is the great problem, hods. Since there is no such mechanism, there is no because the infrastructure in other states is more de- such conception. Many things are accomplished but

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they are not based on succession and consistency. te behaved based on the voluntarism: Generally, the Bazarbay Mambetov talked about how economic iss- foreign policy was quite effective. ues, particularly, gas-energy questions are address- ed, This is a typical example. It is true not only in this The same must be true for us. The analytical pote- sphere but in many other fields as well. ntial is unfortunately not yet created. Foreign policy issues are solved at the rhetorical level without de- In each state there is a practice, when there are co- tailed analysis. The second problem is that the co- ncrete tasks that foreign policy needs to solve, that ordinating role of the MFA is reduced. It should not take the internal tasks and potential of the country be the case. The MFA must solve issues, above all, into account: economic power, military, relations with of a political nature. However, even in the economic other states and international prestige generally. Th- dimension, major questions must be addressed by ere are two directions. The first direction is the need the MFA. Nowadays, there is no state line. In addi- to react to external developments. The question of tion, when there is no concept of this, the line of a Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, realizing ideas in accordance with national interests state does not deal clearly with the legal issues. A requires lots of work. Herer it is certainly necessary small state has small advantages, but when it stan- to not only have experience but an intellectual basis ds on international law, it is already a power. We do in cadres. When there are no worthy cadres, none of not use legal bases that are favorable for us since the problems will be solved and the country will be the collapse of the USSR, or we use them poorly. Of captive and depend on other countries’ help. Our el- course, the parliament plays an important role, but I der brothers will take initiative; we will act according have never seen when the parliament was important to what they say without thinking what kind of cons- in formulating tasks in foreign policy. The oppositi- equences it may lead to. Unfortunately, the factor of on’s influence is more destructive than constructive. cadres is not taken seriously or it can be ignored by This is because the opposition use various moments foreign-policy and diplomatic services. I believe that for their own interests, which do not strengthen our this is completely the wrong approach, because the international position, but do the converse: For exa- solution to many questions is becoming simpler. So- mple, the endless and unjustified discussion of the metimes, heads of states make appointments at their issue of the state borders with China. We know how discretion irrespective of professionalism. the question was answered. It was the right decision. But endless talks shape public opinion as well as en- I know from my experience when Leonid Ilyich appo- courage distrust between our country and China, and inted his relatives and friends it brought lots of trou- this is undesirable. ble. However, they simply signed telegrams, political letters and reports. The rest was done by diplomats. In other countries, some private research centers It was not reflected in the quality of proposals, etc. influence political decision-making. They work very Secondly, in large countries unlike our country, there effectively. There are many centers in Russia. I do was the strict selection and analysis of incoming with not want to say that they do qualitative research, but the participation of the Ministry of Foreign Affairs and they do have alternatives, choices. There are initial also other agencies – the Defense Ministry, State Se- efforts at the public level to formulate foreign poli- curity Committee and so on. When all questions are cy tasks. Today’s seminar is a good example. As for analyzed from different angles, then a reasonable line the mass media, unfortunately, it is a serious issue. becomes clearer. When a political decision is made, it There is no rational and specialized way to deal with has to be followed. This was the power of the strong foreign policy questions. Here, there are more quest- state, with exceptional cases where the head of sta- ions than answers. It is important not to have a mass

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media that is captive to others’ opinions. Unfortunat- 1846 the process was institutionalized by passing the ely, we do not educate our own population. It is done federal bill. This institute is demanded under the con- by others. People are under the influence of other ditions of the parliament’s activities. There are positi- forces. Of course, it makes people worry. Shamaral ve and negative sides to the lobbying institute. When talked about informational security: If the influence there is no system of ‘checks and balances,’ political of Chinese or Uzbek is stronger, it is bad. I think that competition and an effective free mass media, the here the balance must be found. Both countries have lobbying institute has more negative sides. The pa- the right to be present and our specialists must have rliament of the third convocation had many positive the opportunity to form their own opinions based on moments by using some elements of the lobbying different views. institute. Even so, there were enough negative sides as well. Erkinbek Alymbekov: Here, the decision-making on important issues of a state and the mechanisms Tamerlan in his speech mentioned the question of Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, of decision-making were discussed from different an- the HIPC and how socio-political forces were pressur- gles. One of the institutes is the institute of lobbying ing the president, government and parliament. Under that exists in some form in other countries. Under the this pressure, the parliament took the position again- conditions of globalization and global warming, the st the HIPC. This is the legal way of lobbying. Illegal economic crisis as a result of the increase in the price lobbying is the mass media. When some high-level of energy-resources, foodstuffs, and the sustainabili- state officials were appointed, banal bribery took pl- ty of a national economy are the most pressing. The ace and it turned into a public scandal. The illegal major basis for a sustainable national economy is the application of the lobbying system in the parliament: sustainable system of state power. The sustainability there was a team that lobbied illegally for the adopti- of power is provided by the system of ‘checks and on of certain laws, normative documents by means of balances:’ an independent mass media, which sec- using the controlling function. Under pressure from ures the transparency of state activities and political the opposition, this substantial document of the No- competition. I think that one of the most important vember variant of the Constitution was taken; after renewable resources is the institutional intellectu- the lobbying of some loyal deputies, the December al resources, which to a certain extent, and in the variant was taken along with many normative docu- context of our social development, are inadequately ments that were adopted in violation of the regula- requested. As we all see, there is a process of perso- tions and other normative rules. It signifies that the nification based on certain historically outdated com- power system is moving towards totalitarianism. No mand-administrative principles instead of state policy authoritarian regimes were viable for a long period institutionalization. Therefore, I believe that until we and could prove its effectiveness. re-consider the role of the institute in state policy or- iented primarily towards securing national interests, Parliament is formed now according to party lists, based on patriotism, we could face underground tro- and when we have basically one-party’s monopoly uble. When we try to hide the problem, the economic in the parliament, we can again distort the meaning crisis eventually will show that we ineffectively use of political parties and party building. This is because the resources of our country and society. when state power is not directed towards structuring political forces, based on political competition, it may Historically, I think, you know very well that lobbying lead to leveling of political parties’ values, including has existed for about 200 years. In 1808 this term members of parliament. The regulations that limit was used for the first time in American congress. In the right of a deputy to express themselves, lead to

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worsening of the image of parliament. At the end of The nature of all revolutions is the same, starting the day, the lobbying institute at the current parlia- with the French one. Whether it is king or emperor, ment comes to nothing. It is enough to agree simply president or general secretary, one way or another with the speaker of the parliament, who represents we consider him as the symbol of the state. When the leading political party, and in this case without an such a living symbol of the country pursues dece- application of the institute, any decision will be taken. nt policies, then the state is stable. However, when Finally, people involved in the activities of the parlia- the country is infected by corruption and immorality, ment will come to the conclusion that there is nothing marginalization starts at the highest levels of power, good about the parliament composed of party lists. from the first leader, and thereby favorable conditions We may discredit the principle of political structuring for a revolution emerge. Let’s consider the French re- based on political parties and political competition. As volution. It is known that during the rule of Louis XVI a result, it will deepen the existing crisis. Therefore, there was strong corruption and immorality... Ther- to a certain extent, we will realize that there will be efore the national symbol was destroyed. It brought Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, an effective state power when there is a system of about the revolution in France. If one talks about the ‘checks and balances’ and political competition. Fur- Russian revolution of 1917, the same reasons were ther, along with the liberalization of economic policy present there. Here, we could observe the symbol’s and the improvement of competition, we can aim at destruction and discrediting of moral foundations. a sustainable economy. The sustainable economy is the provision of liberal human rights and human fre- We often say that if there is economic growth in the edoms. Here, I would not agree with Tamerlan that country, it means stability. But, let’s remember: in we need a political will to develop economic policy. 1906 there were the Stolypin reforms. By 1913 its I think that the purpose of a state is to secure fun- results were so effective that foreign experts started damental liberal rights: the right to freedom, to life predicting that in 1950 Russia would have a great and economic sufficiency. When these institutes are future. It would be the leader of the world. It was operational, there is no need for a doctrine. those days when Lenin stated with despair that his generation would not see the revolution. But it was Mirolslav Niyazov: In general, the concept of sec- instability at the highest levels of power with immo- urity has a wide spectrum. It includes internal securi- rality and low values that caused the coup d’etat in ty, territory, society and citizens’ protection; it means 1917. food, energy and ecological security. In other words, there area a number of security forms. But it seems Now, let’s look at the recent heritage of the Soviet re- to me that our discussion today must have a practical ality. We all know the nature of the stagnation period. character. Therefore, I will talk about the issues of Brejnev in his last years behaved as one having mar- the internal security, because many are concerned asmus. His daughter was openly involved in criminal about it today. The task of any power is to remove activities, endlessly remarried, and his son received the reasons and conditions that endanger state se- an award as a Hero of socialist work. It was in those curity. But if the only purpose was to have a power days when the internal collapse of the Union started. that takes preventive measures and remove threats Later, irrespective of the changes of leaders, the me- ith the result that there is security, it does not cover aning and content of power remained the same. The the problem as such. Recently there are a number of off-handed interference of Raisa Gorbacheva into po- revolutions in the post-Soviet space. I would like to litics resulted in the serious disappointment of soci- stop briefly on the nature of these revolutions. ety. Thus, the Soviet Union and the whole socialist camp were collapsing silently.

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Let’s consider the Romanian evolution. I worked in 2 in the power institutes seriously affects and destroys months in Romania in 1985 and I know all reasons state foundations, and strongly undermines national and circumstances. The reasons were the same. The security. The biggest problem is that when all these family of Chaushesky ruled the country. His daughter small hotpots of tension gain a systematic character, was making very careless actions. When there was a then it will become a state problem. very difficult situation in the country, she was playing around and losing millions of dollars in foreign cou- Until we make sure hat we have internal security, we ntries. It brought such serious disillusionment in the are an unprotected state, we do not have the system country that in 1989 Chaushesky was shot. Basically, for self-defense, and we do not have immunity. Rece- that was the pattern for such a final situation. nt elections and the referendum undermined trust in the power institutes. There is the pattern of physics: It shows that the internal security of a state can be to any action there is an equal and opposite reaction. secured as a result of preventive measures and also The more one pressures, the more are those displea- Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, the state foundations may be destroyed by the high- sed. Depending on the extent of the civil and spiritual est official or his family. This is because these people maturity of the people, we can expect certain ups are the symbols of the state. People want to have and downs. Today the situation in the country has this living symbol to be pure, to symbolize the who- been worsened in view of its security. It became wo- le nation. When power becomes parasitic, it annoys rse because there are no civilized forms of struggle. people. Therefore, it is not chance when Beknazarov states that he intends to conduct underground activities. I I would like to say few words about Kyrgyzstan. The can say that under such conditions, the emergence departure of Akaev was caused by the same reasons, of underground, aggressive, extremist and terrorist wasn’t it? If there is no internal security, then we forces is quite natural for any country. If we want to are the most vulnerable state for external threats. At have internal security, we should not start it by closi- present there are lots of hotspots. They are compl- ng someone’s mouth , but conversely, it is relief that etely different. It is the absence of social protection makes people express themselves. Sooner or later of the people, the increase of prices, border conflicts, this boiling kettle will blow up. It is only a matter of and religious extremism. We have real threats of te- time. The tension will increase. And there may be rrorism in Kyrgyzstan. All this together with mistrust more serious consequences than we imagine.

A PERSPECTIVE FOR CENTRAL ASIA TO BECOME A BRIDGE BETWEEN ASIA AND EUROPE

Muratbek Imanaliev, IPP President

1. To begin with there are several retrospective internationally-linked infrastructure. fragments that could significantly influence, or have already started influencing, the process of formation Firstly, Central Asia is located at the crossroad of se- of historical-philosophical, cultural-humanitarian and veral cultures and civilizations: Russian, Persian, Ar- social-economic foundations: The mechanisms of co- abic-Muslim, Chinese and Turk-Mongolian; Secondly, nstructing both regional and individual country-based Central Asia is a region where all world religions are self-identification models for the further developme- represented: Islam, Christianity, Buddhism and Juda- nt of Central Asia as a whole, and of each country, ism, with a strong presence of the first two; Thirdly, including the possibility to turn the region into an Central Asia is a region which consists of three ethno-

- 34 - A PERSPECTIVE FOR CENTRAL ASIA TO BECOME A BRIDGE BETWEEN ASIA AND EUROPE linguistic layers: Turkic, Persian and Russian. Recen- onship, social relations, self-reflection, their behavior tly there is a noticeable incorporation of Chinese and on the international stage, and and the formation of English languages into these layers. It seems that political, intellectual and business elites, other diff- the spread of the two latter languages will become erent and persistently functioning “interest groups”, more intensive; Fourthly, Central Asia is a region of and so on. interaction and a mosaic of the mutual penetration of settled-agricultural, nomadic, social and economic Certainly, the development and realization of internal types, whose influence on different aspects of life is or the foreign policy of regional countries is subjected quite strong. Yet this includes certain forms of job and to an often mediated influence by the same factors. professional skills, especially in the field called work One has to note that again by inertia but still serious, psychology. Fifthly, Central Asia is a zone where the these factors continue to influence the formation of pseudo-communist ideology of the Bolsheviks, some the worldviews, value orientations and behavioral st- traditional-pagan worldviews, and a nationalism with ereotypes of the people of Central Asian states. Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, “complexeities” have been spread and which, amazi- ngly, interact with a range of Muslim traditions amo- Obviously, all these factors have a positive and ne- ng many other things. Definitely, during the years of gative potential that could in one way or another independence some liberal (western) concepts have influence many aspects of the livelihood of regional been introduced. However, they were used as an ins- states including particularly the choice, awareness trument to earn money both by the government and and persistent loyalty to internal and foreign policy opposition, and often used by all as an instrument of preferences. However, it is important to remember foreign policy maneuvering (the best example is Kyr- that the conflict potential of these factors may lead to gyzstan). It has to be recognized that democracy as the emergence of a loose, non-constructive ideolog- a comprehensive space with fully functional institutes ical, political and spiritual atmosphere and social-ec- is yet absent in Central Asia; Sixth, Central Asia is a onomic conjuncture where people lose their political, place where tribal clan-based and regional relations moral-ethical landmarks. remain major informal institutes in political and other spheres, and form a mixed behavioral background. This can create conditions for the intensification of They play a more important role than political or eco- individual and group mercantilism, national egoism, nomic preferences and landmarks in decision-making which ultimately leads to the decadence of the regi- at the state level and not just there. It is obvious that on. On the other hand, these factors have great pot- so far these informal institutes are substituting politi- ential for dynamic and large-scale advancement, but cal and legal culture. And seventh, for a long period, only if they’re reasonably corrected, interpreted and this region was a kind of ‘inland corridor’ (no more adequate applied within regional and national level than this) between the countries of Asia and Europe, development programs. and at the same time a subject of different relations with nations of these two parts of the world. 2. Now about the recent history of Central As- ian states. Here are two most substantial extracts The above retrospective “pictures” have an inertia from the most recent history of these countries. type of influence, but at the same time quite serio- usly influence all aspects of livelihood of the Central The first: once the second most powerful state, which Asian states and people, including the formation of included the current Central Asian countries, sudden- governance systems, election procedures and proce- ly turned into a number of poor and underdeveloped sses, the legal system, economics, production relati- states, recipients of the West, and in this view, they

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competed with the great number of African and Asian Central Asia. While talking about post-communism in client-countries. The second: because of the strateg- our region on the basis of analysis of the current st- ic geographical location of the region in the political ate of various groups’ worldviews, social organization map, as well as the intensification of global challeng- (includes the social classes), value orientations of the es (such as terrorism, narcotics-trafficking and other elite groups and many other things, it is possible to criminal activities and due to abundant resources of extract fragments of a patriarchal system, feudalism, energy), Central Asian states have become the object “wild capitalism,” primitive communism, imitations of of rapt attention and active policies of major centers democracy and so on. of international military-political and economic life, primarily of the major powers. The transition period of Central Asian states can be regarded as post-communism, but for Central Asian One particular spot among the complex problems states it would be more precise to say that it is the that exist in the region is the ecological interest whi- epoch of “overcoming the syndrome of a sudden in- Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, ch does not unfortunately enjoy the attention of the dependence,” which is characterized by the following world community or of Central Asian countries. In parameters: view of the above, I would like to propose the foll- 1) An extreme personification of the choice of owing. In the XIX century two Europeans gave two developmental model with the subsequent formation definitions that characterized the major tendencies of of a personality regime (or family-clan) with typical the most important processes of those days on the elements that range from despotism to the mild “mi- basis of historical developments in the Central Asian micry” of authoritarianism. But, one has to note that region. not always and not for everything; it is the case when the leader is the only guilty one. The German, von Rihtgofen wrote about the “Great 2) Modeling of economic development; its comp- Silk Road,” and the British Arthur Donnelly accurately onents represent the Soviet-type system of manage- named the politics of the major powers the “Great ment, a mosaic incorporation of market mechanisms Game”. Recently, these two definitions are popul- with some return to the natural economy (first of all, ar among politicians, scholars, experts and normal in rural areas), illegal privatization and personal co- people. I am far from extrapolating these two to the ntrol of a leader upon the most profitable sectors, a Central Asian region, but still which variant will be fragmented integration into world economic relations, chosen? It is clear that the choice in most respects etc. will depend on the regional countries. But the role of 3) A low level of political and legal culture (what major players in world politics and economics must is stronger in Central Asian countries – the law or not be underestimated. Obviously, the choice will de- kin? The law or a phone call?) Nor is there a balance pend, first of all, on the results of partnerships with of relations in the triad “individual-society-state.” In regional countries and those states who have intere- some of Central Asian countries, civil society as such sts in Central Asia. has simply not succeeded. In the region’s states, sys- tematic concepts and cycles such as the political and 3. The transition of Central-Asian states may social regulation of power succession and the division and, perhaps, should be characterized as post-co- of power do not function. mmunism, referring to and meaning the major ar- 4) Dehumanization, and in some cases even a gument of the ‘Soviet’ origins of the region’s states. destruction of social relations manifested through the However, here I would like to note that in fact, post- crisis in the family institute, a fall of education and communism has more relevance to Russia than to health care levels, a more serious gap between the

- 36 - A PERSPECTIVE FOR CENTRAL ASIA TO BECOME A BRIDGE BETWEEN ASIA AND EUROPE rural and urban, mass migration, and the criminali- In the middle of the pyramid, the most part depends zation of political, economic and social life in some on educational, economic, cultural orientations. The Central Asian countries. possibility of a more exact estimation is complicated 5) Unpredictable and not always responsible fore- by the condition that the middle class in the region is ign policy with persistent discourse; still absent. The situation of elite groups can be co- 6) The absence of national value systems and nsidered as the balance of influence of all three sou- the continuous development of emerging elites . In rces. It has to be mentioned that here we are talking this view, the most important question that has to about general and approximate value constructions; be addressed by Central Asian states is the problem this is, at least, because each Central Asian country of constructing self-identification models and at the has its individual specifics. same time searching for identity in the external en- vironment. Basically, this is the question of selecting The search of value orientations and capacities in value orientations. Within the inherited and received one’s own history, religion and beyond one’s historic- Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, political, socio-cultural and ideological overlapping al-cultural space is often corrected and even changed that I tried to describe above, it is hard to choose a in accordance with certain political preferences and suitable niche for certain countries and the region as a tendency to such things as the struggle for power, a whole which will meet the requirements of people property, influencing the center and region, etc. who live in Central Asia as well as of the internatio- nal community. Therefore, the problem of finding a The loose and mosaic process of self-identification is harmonious compatibility of interests of the region’s burdened and strengthened by the above factors and countries and their partners is the most significant conditions, does not encourage the completion of pr- one. ocesses to create fully competent states in Central Asia. However, one has to recognize that the movem- Is the elite being formed in Central Asian countri- ent towards the formation of such states has started. es ready to accomplish this mission? It is a question It is slow, but happening, even though the speed of without an answer yet. But the answer will come. the countries is different. As for the future models of Certainly, the process of searching the major value identity at the international stage, Central Asian sta- content within the states of Central Asia is in the in- tes have two variants for development: they will join itial stages. a functioning system or the one that is being formed (many depend on what will be offered from outside In this context there are a number of proposals from and how it will be presented) or they will construct outside. There are so far three sources of such pro- their own variant of civilizational appearance. posals – the West, Islam and Russia. China has not yet expressed itself. The statement of the meaning 4. Central Asia has never existed as a united of this situation is quite simplified, but it is clear for geopolitical region. The geo-economic dimension everyone. According to the simplified scheme, if we of “being a region” has always been weak, which de- visualize the structure of society pertaining to the fo- pends on the trade-economic and transport-commu- reign orientations of the Central Asian population as nication needs of the countries in the West and East. a pyramid, one can see that the major social support The question of Central Asia’s “being a subject” from is given to Russia and Islam, while the West and Ch- the economic viewpoint was brought about by the ina are not widely popular among people and do not existence and active economic activities of state, and enjoy their support. semi-state, institutions within the region as well as by the aggressive or peaceful mobility of the nomads.

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The Central Asian region characterized by the comm- Particularly, Turkmenistan tries to position itself as a on cultural and humanitarian value content has nev- Caspian and not a Central Asian state, and relations er existed. The only common characteristic has been with Azerbaijan and Iran are perhaps of the primary geographical proximity. The historical-geographical importance, not only today but also in the near fut- definition of Central Asia covers quite an extensive ure. Kazakhstan considers itself more as an Eurasian region: from the Urals in the north to the Himalayas country, and on this basis, it constructs its foreign in the south, from the Caspian in the west to Mong- and trade-economic priorities in Central Asia, and po- olia in the east. sitions itself as the major, and even the only, bridge between Europe and Asia in the region. In view of This region is also known as Inner Asia. In the ca- opportunities for Tajikistan in the wake of the anti- pacity of the united rayon, the current independent terrorist operations in Afghanistan, it mostly turns to states of Central Asia emerged after the Russian-Ch- South Asia, and the establishment of the Indian airb- inese and Russian-British border delimitation in the ase in Dushanbe is a kind of proof to the above. Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, second half of the XIX century and were named the Turkestanskiy kray. Later, during the Soviet period of The participation of Central Asian states in different the Russian Empire’s development, it was transform- international organizations is not a consolidating fac- ed into the republics of the Union. tor, but more a kind of tribute to the political fashion characterized by strong inertia. Moreover, as shown In Moscow’s State plan, these republics were known in the experience of Uzbekistan, “entering and lea- as the Middle-Asian economic region. In the milita- ving” these organizations does not charge any res- ry-geographical terms, they were divided and assi- ponsibility, and it does not result in the subsequent gned into two military districts of the Soviet Union burdening of serious problems. – Turkestanskiy and Middle-Asian. The Middle-Asian republics were united into the common administrati- The impressive country-based projects on the form- ve-confessional region, and within the corresponding ation of the “continental bridge” were not advanced structure of the USSR government there was the Ag- and proposed to the international community by any ency on the religions of Middle Asia. Briefly speaking, of Central Asian countries, if we do not consider tho- the former republics of the Union became independ- se sporadic statements of these countries’ leadersh- ent in 1991 within the borders that were defined by ip. The only exception is Kazakhstan, which proposed Moscow, and the leadership of the Soviet party came its Transport strategy, the Asian energy strategy and to power. Thus, the current geopolitical definition of some other programs, and thereby tries to position “Central Asia” has a Soviet origin. itself as a country with special status.

All the above is the heritage of the region’s states, 5. The above thoughts have a direct relevan- and here I would like to note that this heritage is a ce to the idea of formation in Central Asia of very important factor in the context of the co-exis- the “continental bridge” between Europe and tence of Central Asian countries that could become Asia. quite positive when transformed into the geopolitical In this context, it is an extremely relevant questi- and other values of the whole region. on as to whether Central Asian countries can start from within coordinated actions that will benefit each Whether the local elite will use this value potential or country, the whole region, and certainly, the entire not, it is the question. This is because there are alr- continent. eady appeals to another, not “Central Asian identity.”

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I think that future regional constructions may have centers, laboratories, transport units, regional finan- two content meanings: internal and external. The fist cial and trade organizations, etc. one (internal) is essentially the consolidation of the regional countries’ efforts to form three real images To achieve all this, it is necessary not only to conso- and, correspondingly perceived by the international lidate efforts, but mainly to create some appropriate community, of Central Asia. international structures and institutes of integration of Central Asian countries. As other countries’ expe- 1. Central Asia as a common region for rience shows, the close integration is possible even development. when some quite complicated bilateral and on-going I hope, no one questions that there are historical- problems are present that is usually referred by the ly, economically and politically justified preconditions critics and those against the idea of Central Asian and potential to turn Central Asia into such a region. integration In this context, the initiative of president For example, the resource foundations of economy, N.Nazarbaev to create the Central Asian Union is very Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, quality and distribution of labor resources, geograp- important and well-timed. hy, historical-cultural and humanitarian heritage and many other things forge the formation of a harmoni- Of course, the proposed conception needs to be an- ous inter-state distribution of work that in turn could alyzed in detail and developed further along govern- become a milestone in the integral foundations of the ment lines and within the “second track.” It would be region’s countries. useful to conduct a serious meeting of government It is believed that despite some disagreements in pr- representatives, scientists, and experts on this topic. eliminary and loose conceptions of development of Central Asian states (proposed in the speeches of the It is known that the leadership of Kyrgyzstan and Taji- leadership of these states and within the adopted do- kistan has officially supported this idea. It is desirable cuments), they do not contradict each other in the that the president of Uzbekistan will positively perce- major points and it will not be a limitation to unite ive the proposal of the Kazakh leader. Definitely, the efforts. There is international support, including such position of Tashkent is extremely important in view of programs as SPECA and CAREC. a number of factors, which relate not only to Uzbek- istan, for example, but the condition that Uzbekistan 2. Central Asia as a united battlefield with is the only state of Central Asia that borders with all trans-border and other threats countries of the region. Some changes happening in There are, unfortunately, more and more of these th- Turkmenistan give us some ground to hope that con- reats. In this meaning, it is necessary to analyze the tacts with our Turkmen friends are possible. threats and challenges that Central Asian countries meet, to project the development of a situation, and The second content meaning is the initiation and to participate actively in preventive measures. In this formation of a new historical process within Central regard, I find it reasonable to stress the role of the Asia. This process must not be simply a restoration intellectual and expert communities of Central Asian of trade-economic and transport communications, countries, and their role in the advancement of these the movement of people and exchange with cultural ideas. and humanitarian values, but also the real creation of historical process taking into account the aforementi- 3. Central Asia as one of the world transit- oned retrospective “fragments,” the achievements of infrastructural centers. the Central Asian peoples, and with the participation This includes the development of science, education of those countries and international organizations ge-

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nuinely interested in the development and wellbeing Muratbek Imanaliev, IPP President of our region.

MITIGATION THE CRIMINAL LAW IN CENTRAL ASIAN COUNTRIES

Gulnura Toralieva, IPP Program Director Introduction standards of human approaches to the imprisoned, Human rights experts of Central Asia have already those imprisoned for life, as well as of judicial control recognized 2008 as the year when the region has and judicial protection of fundamental human righ- become a zone free from capital punishment. The ts, requires the special attention of state bodies, the last country in Central Asia that abolished capital pu- expert community, representatives of human rights nishment’s application as an exclusive form of punis- movements and the mass media. The comprehens-

Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, hment was Uzbekistan. On January 1st this year the ive approach to solving important questions for the law was adopted and this country de jure rejected further development of democratization in accorda- this form of punishment. nce with the recommendations of the international expert community is the major indicator of human The process of abolition of the strictest punishment rights observance. Central Asian countries need to in international practice was taking place within the strive for this. humanization of criminal legislation, provided by the International Covenant on Civil and Political Rights, Alternatives to capital punishment in Central to which all countries of the region joined at different Asia times. The abolition of capital punishment in Central Asia was one of key conditions for further formation of The second important aspect of the on-going process democratic-jural society. Within 10 years of Central of alleviating criminal legislation in Central Asian cou- Asian countries gaining independence this question ntries is judicial sanctioning, which is being discussed had been widely discussed by the public, including at all levels by human rights and international expe- lawyers, human rights experts, and representatives rts, representatives of law-enforcement and judicial of state and non-governmental organizations, and bodies, and triggers a number of debates. the mass media.

Being the most effective institute of human rights pr- The abolition of capital punishment in all Central Asi- otection, its guarantee and observance of fundamen- an countries was accepted by the whole international tal rights – the right to freedom - the introduction of community as the biggest advancement in human ri- judicial sanctioning in most of Central Asian countries ghts for recent years. Local experts also valued highly was postponed for many years. the efforts of the regional countries’ leadership in the process of the humanization of criminal policy. Today, most progress in this field is noticeable in Ky- rgyzstan and Uzbekistan, where judicial sanctioning “In the constitutions of all Central Asian countries has been already introduced. Kazakhstan at the mo- the highest value is life and the freedom of a citizen. ment has only developed a draft bill. The question of Now we have come to such a stage, when society additional mechanisms to abolish capital punishme- has started to understand that capital punishment’s nt, in particular, the issue of meeting international application is the uncivilized way. If we kill a person,

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because he killed, the same we can rape a person, Nowadays, there is no question on the abolition of who has raped, etc. The decision to abolish capital capital punishment in Central Asia; the public of the punishment in all Central Asian countries was a po- region does not actively discuss the question of who litical decision; it was not taken by referendum. It is “for” and who is “against” this form of punishment. is the decision of politicians, who were able to take The major problem is the alternative to the capit- responsibility in solving such an important question,” al punishment and the process of realization of this – said Vera Tkachenko in an interview with an inde- alternative form of punishment. As an alternative to pendent expert in Kazakhstan, the ex-director of the “legal murdering” all countries of the region have ch- International Penal Reform. osen imprisonment for life.

“It is hard to imagine all the negative sides of capital Such a decision was first taken in Kazakhstan in Janu- punishment, except that we are modern people, who ary 2004. Thus, Kazakhstan was the first country wh- live in a civilized, democratic state, where no one has ich introduced imprisonment for life. The next were Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, the right to take the life of another person. Simply, Tajikistan, Kyrgyzstan and Uzbekistan. This form of after surviving a totalitarian regime, it is difficult for punishment is basically similar in all countries of Ce- our society to imagine life without capital punishm- ntral Asia. For example, it is not applied with regard ent,” – argues the Director of the Institute of Media to the under-aged, women and men who committed Representative in Kyrgyzstan, Ilim Karypbekov. a crime and by the moment of passing of sentence The most positive moment in the capital punishment reached a certain age, in some countries the age of abolition is the possibility to correct the judicial mi- 60 (for example, in Uzbekistan), in some – the age of stake. “When capital punishment took place, and it 65 (Kazakhstan). turned out that a judicial mistake occured, it would be impossible to correct. After execution, there is no Imprisonment for life does not always mean that a possibility to rehabilitate a non-guilty person,”- says person will be in prison until the end of his biological Chinara Musabekova, the director of the Master and life, since in most countries of the region, there is a post-graduate center of the Kyrgyz State Law Acad- possibility for conditional release. The length of puni- emy. shment is also similar, on average it is 20-25 years. It means that after being imprisoned for 20-25 years, a “I think that in the post-Soviet space, the existen- person still has a chance for conditional release. ce of the norm on capital punishment is dangero- us, because within our conditions, the possibility of The life sentence in Central Asia has a number of its unfair application is higher than somewhere else. common characteristics: This is clear by the corruption in the judicial system, imperfect laws, and most dangerously, the imperfect 1. Those imprisoned for life are isolated from law-enforcement system. There are ten times more other prisoners; chances to kill the non-guilty here than in the USA, 2. Those imprisoned for life do not receive sec- in those states with capital punishment. In my view, ondary education; the abolition of capital punishment, considered as 3. All imprisoned after arriving in the correc- a democratic norm, is not right, because it is not a tional facility of a special regime are placed under manifestation of democracy but a manifestation of the strict conditions of serving a sentence (10 years). something else – the point of being reasonable and The change into the normal and light conditions is civilized,” – said Kazakh human rights expert and jo- possible after serving not less than 10 years of puni- urnalist, Sergey Duvanov. shment;

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4. Contact with the outside world of those imp- prison personnel,the absence of working conditions risoned for life are limited. for prisoners and of social contact with family memb- ers, is the most debatable question in the context of At the moment, the expert community, human righ- humanization. ts experts and representatives of state structures of Central Asian countries openly declare that our coun- Many experts today work on the dilemma: is a life tries were not ready for the humanization of criminal sentence, in fact, more humane regarding the im- policy, in particular, to the application of the life sen- prisoned, where there are some cases when those tence as the highest form of punishment. imprisoned prefer to die voluntarily, while taking into account the above factors. The global statistics pr- “In this view, I would like to turn your attention to ove the fact: the risk of committing suicide is twice the alternative of capital punishment – the life sent- as high among those imprisoned for life than other ence. And here is the problem: it turns out that our prisoners. Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, penitentiary system is not ready for this. Nowadays, in the basements of detention centers in Kyrgyzstan Also it has to be noted that inhumane conditions of there are 170-180 sentenced to death, and they are the imprisoned become more difficult because of the not kept in the conditions they should be, even thou- especially strict terms of imprisonment. gh there is a possibility to build a special prison. I re- member, the Minister of Justice was talking excitedly “As for the conditions of those sentenced to death, about building a prison with grant money, but I worry for most of them it is preferable to have capital pu- that every time when it comes to this question, there nishment than death after long suffering in terrible is no money. In order to have a state that is able to conditions. I am for the improvement of conditions realize the mechanisms that replaced capital punish- of those death sentenced, and since the government ment, it is required to solve the first problem – the positions Kyrgyzstan as a democratic state, the best material-technical,” – says Isihak Masaliev, a member way to solve this question, in my view, is to complet- of the Kyrgyz parliament. ely abolish capital punishment and to agree with the requirements not to allow such excesses,” – noted Experts especially worry about the conditions in wh- Ilim Karypbekov. ich those imprisoned with the highest sentence are kept. In the legislation of Central Asian countries, the An expert from Uzbekistan shared his opinion that emphasis is made on security issues. Here, the pos- Central Asian society is tired of cruelty, especially in sibility of social work with the imprisoned who may Uzbekistan; the abolition of capital punishment is the be conditionally released is not well-considered. The expected reaction to developments in the region: main purpose of such work is to counter-balance the “People want humanization and not only in the field harmful impact of a life sentence or lengthy sentence of judicial and criminal proceedings. Society does not as well as to expand and improve the ways of succ- need blood; we want to let people learn to have a essful return of the imprisoned into society and the kind and humane attitude to each other. The tight- law-abiding behavior after their release. ening of criminal measures under conditions of the corrupt legal system will result in the blind Femida The oppressive conditions in prisons that are the res- remaining blind to the non-guilty as well. Capital pu- ult of lack of financing of the penitentiary system, the nishment is something irreversible. To bring back a absence of special infrastructure, lack of professional person after execution is not possible.” cadres, including social workers, the attitude of the

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“The conditions for prisoners in Central Asia are not Kuat Rahimberdin, the director of the Eastern-Kazak- the best. Unfortunately, we are in such a position wh- hstan branch of the International Bureau on Human ere we need to justify a punishment that takes place Rights and legality in Kazakhstan, and the dean of in the unsanitary, cold, inhumane and poor economic the law faculty of the Esatern-Kazakh University, thi- conditions. All these problems were present in the nks that the rate of civilization of a state is defined by past as well. The state must care to allocate enough its approach to prisoners. He said: “Central Asian co- budget means for this. Even in the colonies, there untries cannot be a good example for imitation in this must be normal conditions that must not disgrace a regard. Despite economic wellbeing in Kazakhstan, human being, and provoke a growth in the deceas- little attention is given to the question of the crimi- ed,” –says the president of public foundation “Open nal execution system. The budget increases year by position”, Dmitriy Kabak, who commented during the year; for example, in 2004 the budget of the peniten- interview on his position to the question on the con- tiary system of Kazakhstan was 17 billion tenge (142 ditions of the imprisoned. million dollars), and in 2007 it was 22 billion (184 Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, million dollars). However, these means are not yet A representative of legal non-governmental organiz- enough to create decent conditions for prisoners.” ation in Uzbekistan who wished to remain unnamed said in the interview that the results of the conducted In addition, Kuat Rahimberdin shared his view on the monitoring showed that “the place and conditions of problem of the penitentiary system of Tajikistan: “I the imprisoned are unbearable.” “In the course of our often visited Tajikistan as an expert. The penitentiary work, we often met people who said that it would be system there is very closed. The financing in Tajikist- better to be shot than to keep them in such inhuma- an is based on the residual principle. The imprisoned ne conditions.” are fed badly, in most parts they rely not on the state but their relatives. The population is not rich; each The inhumane,unsanitary conditions of the impriso- family tries to find some means in order to bring food ned in Central Asia are worsened by scarce meals often to prisoners.” and cruel attitudes of the prison’s personnel to the imprisoned. The expert added that one of the major problems in the criminal system of the regional countries is the In Uzbekistan the position of the imprisoned becom- high percentage of cadres flow. The work of a cor- es more difficult because in the new legislation, the rection facility employee is not prestigious, and the regulation on the life sentence is a topic of secrecy. In average salary, for example, in Tajikistan is 30-40 do- practice, it means that relatives of the imprisoned do llars. Also, according to the lawyer, there is no proper not have a right to know where and how their relativ- public control and monitoring of correction facilities es – those with the highest form of punishment - are in Central Asian countries. kept. This norm is regulated by state secrecy, which was opposed by human rights activists but they failed According to Kuat Rahimberdin, the most acute pr- to change this norm within the humanization of cri- oblem of the penitentiary system in the region is its minal policy in Uzbekistan. This norm remains in the corrupt nature: “In all Central Asian countries one provision on “The highest form of punishment.” Earli- can observe the differentiation of prisoners along th- er in the Uzbek legislation there was a norm on state eir social class. It blossoms especially in Kazakhstan. secrecy regarding tthe place of burial and place of Within 1.5 years, the problem of corruption was seen execution for those subjected to capital punishment. in our criminal system. There were facts that in one of the criminal facilities of Almaty, there were speci-

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ally designed commercial rooms, where for a certain treatment: “it is important to develop public control, price employees will create good conditions for pri- for example, and to create a national body to prevent soners: hotel services, meal, rest, the possibility for torture, which may include lawyers and human righ- constant meetings and telephone calls.” ts activists. It is provided in the Additional protocol of the Convention on torture, of which Kyrgyzstan Marat Kayipov during a meeting with representati- is not yet a member. On the other side, it is perhaps ves of the Kyrgyz media at the Bishkek Press Club necessary to think about the technical equipment of emphasized the residual principle of financing of the those bodies that deal with criminal investigation. In penitentiary system, mentioned by the Kazakh exp- addition, there must be a clear division of competen- ert regarding Tajikistan. “We are always financed on ce, to know who is responsible for what. Then, it will the residual principle, because the first plan is social be possible to know who will be responsible for any needs. For example, in 2005 the meal of one prisoner violation of procedures.” was 13 soms (0.35 $) while it should be more than 50 Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, (1.4$). Now the meal is better, but still the amount Ilim Karypbekov also expressed his view with regard allocated for these purposes is lower than the norm- to the cruel treatment towards prisoners. “There are ative rate and is only 37 soms (1$),”- said the head almost no ncidents of initiating criminal proceedings of the Ministry of Justice. on exceeding one’s authority among the law-enforce- ment bodies. There were such statements from pris- “Under the current conditions of these colonies and oners, but they are quickly completed because of the their internal arrangement, the state is not capable of absence of proof and often do not reach the court. I performing correctional or fostering functions,” – said have never heard about a case when an employee of the minister. Therefore, according to Marat Kayipov, a law-enforcing body was punished for torture. Rec- the state must pay special attention to building new ently, the zero number of such cases was announced correctional facilities, making an overall repair of the in Kyrgyzstan,” – said the expert. existing ones and undertaking some structural cha- nges. “I believe that torturing is an extensive practice, and the problem is that it is impossible for the tortured to The cruel attitude to prisoners is another cornerst- prove the involvement in the crime of certain people. one issue in the process of the introduction of the Moreover, an important factor is the human factor alternative to capital punishment in Central Asia. Ac- – the fear of making employees of law-enforcing bo- cording to Dmitriy Kabak, certain means of the tre- dies and their officials responsible. Another point is atment and torture are used by investigators quite the complicated legislation that limits the process of often: “The only question is how effective is the state bringing to justice, and proving the guilt, of anyone system at preventing such things? Unfortunately, it who has tortured. I think the government needs to is usually the case when controlling bodies, includi- work hard in this field, because there is a very comp- ng courts, deny such statements, or recognize those lex situation,” – said the lawyer. facts as non-confirmed. I think when we have such an attitude in state bodies, when there is no common Sergey Duvanov believes that violation and tortures denial of torture and cruel treatment that humilia- in correction facilities is very well hidden: “Membe- te, this problem will remain for a long period.”In the rs of the law-enforcing system do not consider it as view of human rights activists, at the moment there torture. The humiliation of prisoners and disgracing is an urgent need to reconsider the procedure, and their human dignity is the norm for them. In other analyze which factors contribute to torture and cruel words, it is similar to Soviet times. Battery by prison’s

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personnel is not torture, but punishment, despite work. Unfortunately, according to our legislation, to the fact that force can be applied only in the case of believe that prisoners will have social contact with resistance.” the outside world is difficult.

According to experts, human rights activists in Kaza- The legislation of Kazakhstan, Kyrgyzstan and Uzbe- khstan are struggling for the openness of prisons, to kistan says that during the first ten years, a prisoner allow public organizations that deal with these issues must be under the strictest conditions, and has a ri- proper contact with prisoners, so the latter can co- ght for one meeting with family members per year. mplain without going through management. “Today, Basically social contact is absent,” – emphasized Vera a prisoner has the right to complain through those Tkachenko. who have tortured. This is nonsense. Therefore, the only form of protest at present is when prisoners co- Also Tkachenko stressed the humiliating forms of tr- mmit suicide. It is done to attract public attention to eatment with those sentenced to the highest punis- Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, what happens in prisons. I was there, and I know hment: “The position that a person needs to make, when they are beaten long and cruelly, people have when exiting the room is more than humiliating. The no choice but to commit suicide. In other words, they imprisoned must consistently repeat for how long choose blood of the two evils. The personnel do not and which article was applied to sentence him. On touch this person for a long time, because they are the clothes, there are big letters “IFL” so that ever- simply afraid that the repaired wound may be reope- yone can see that a person was imprisoned for life.” ned,” – added Duvanov. As for the medical support for those with “IFL,” they cannot be taken out of the correction facility even in Experts from Uzbekistan included in the list of probl- an emergency case. ems the problem of a bad ecological environment in those places where prisons are located: “The location At the same time, the staff of correction facilities of prisons where the imprisoned for life stay is lifele- accepts the difficult epidemiological situation in the ss. The average life expectancy of local people in this penitentiary system, where the rate of deaths is very region is 45-50 years. It is a dehumidified territory, high. Doctors need to come on time to render quick with a high concentration of salt. During Soviet tim- medical assistance to prisoners. Here, the question es, nearby there was a chemical battalion with corr- arises, how much such a norm is justified; is it pos- esponding land-buried waste. Therefore, we request sible that doctor will come on time to the place far conducting a preliminary ecological assessment and from the city? For example, the probability of finding make the results public.” a surgeon quickly when a prisoner has appendicitis is minimal,” – argues Vera Tkachenko. Another of the negative consequences of the life se- ntence is the high social isolation of prisoners, de- The distinct attention to solving the problem of alte- socialization, the lack of personal responsibility, the rnatives to capital punishment must be given to the crisis of identification and the high dependence on topic of mechanisms of reviewing those decisions on the prison’s administration. In this context, experts the application of the highest form of punishment in think that special attention must be given to the pr- all Central Asian countries. All decisions on capital oblem of social work with prisoners, and expanding punishment are usually taken by the Supreme Court. social contact with the outside world, with relatives. After its abolition, the sentence must be reviewed “If there are possibilities for the imprisoned for life to again. However, the question remains unclear which have conditional release, we need to conduct social instance will take decisions. After the decision of the

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Supreme Court, none of the rayon courts will revi- 2. Progressive system of punishment; ew it, since this decision cannot be appealed. At the 3. Possibility of conditional release; moment, experts are perplexed since capital punish- 4. Preparation of personnel; ment was replaced with the life imprisonment. Many 5. Medical assistance; human rights activists insist on the individual review 6. Public monitoring; of sentences. 7. Review of criminal cases sentenced to death; Tamara Chikunova, the founder of the organization 8. Information on the place of burial of those “Mothers against capital punishment and torture,” executed by the death penalty; established in memory of her son Dmitriy, who was secretly executed and buried in Uzbekistan, said du- All questions concerning the more humane version ring an interview with IWPR: “Now, after the official of the highest punishment, and a possibility of a su- abolition of capital punishment, each case of those ccessful return of the imprisoned for life, and their Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, sentenced to death must be reviewed individually. law-abiding behavior after their return, must be stu- For all those sentenced to death to be automatically died thoroughly by representatives of law-enforcing imprisoned for life is not quite correct.” and judicial bodies in Central Asian countries.

Surat Ikramov, the head of the initiative group of in- After that, along the recommendations of internati- dependent human rights activists based in Tashkent, onal and local experts, it is necessary to take quick also calls upon the authorities to review individual ca- measures to introduce international standards for ses of those sentenced to death. “If there is a review prisons as well as international principles of treat- of cases without the participation of the imprisoned, ment with prisoners sentenced for a long period or it is difficult to expect results,” – Sukramov explained for life, provided within the recommendations of the to IWPR. European Council. Special attention must be given to the issues of planning the term of prisoners, their According to Uzbek experts, at the moment it is hard- protection and security in penitentiary facilities, the ly possible that the authorities will review the senten- selection of personnel, and management with spec- ces of those sentenced to death. However, before the ial groups of the imprisoned, reducing the negative adoption of the new law, relatives of the imprisoned effects of imprisonment. Experts recommend deve- were hoping to be granted pardons, and now they loping a plan of serving a sentence with the active are afraid that capital punishment will be automatic- participation of prisoners and close cooperation with ally replaced with a 30 yeas prison term . According observation bodies after release, and some other str- to the current law in Uzbekistan, those sentenced for uctures. Here, the plan must include an estimation of life have the right to ask for a pardon only after ser- risks and needs, which is an indispensable part of the ving 25 years of punishment. progressive system of punishment.

Recommendations on alternatives to capital “If one looks at the statistics, both in Kazakhstan and punishment Kyrgyzstan the majority of the imprisoned are quite The life sentence as an alternative to capital punish- young people, the average age is not more than 30- ment is considered by experts through the following 35 years. More than a half are sentenced for the first points: time. Despite the crimes committed by prisoners, the 1. Conditions and treatment towards the impri- recommendations of the European Council say that soned for life; one should not judge them as dangerous in accorda-

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nce with the crimes committed. Their guilt is proven le things to let the imprisoned know of developments by the court, but it is not known how they will behave on the outside, so that their conditions will be at a in the future. It is not necessarily true that during 25 maximum close to normal life. The major point is to years criminals will be dangerous for other prisoners escape the situation when being released after a wh- or the administration of the facility. Therefore, many ile, prisoners will enter a completely unknown world, European countries have the system of risk estim- where they will not be able to find themselves, and ation for each prisoner. Psychologists, lawyers and they do not have a choice but to return to the crimi- social workers work on this issue,” – explained Vera nal world,” – emphasised Tkachenko. Tkachenko. Experts identified the necessary condition to impro- “Thus, there is the common practice that this cate- ve the situation of prisoners as the problem of hav- gory of prisoners are not kept in a separate facility, ing public control over the activities of penitentiary but in different ones. Depending on the danger level, systems by means of presenting an opportunity for Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, they can be transferred from one place to another, representatives of civil society and the mass med- and correspondingly, the regime changes,” – added ia to regularly visit prisons. The distinct question, in the expert. the view of experts, is the issue of reviewing criminal proceedings of those sentenced to death and anno- Regarding the protection and security within the pe- uncing the information on the burial place of those nitentiary facility, the performance of prison control executed by the death penalty. must be based on the application of dynamic securi- ty, i.e. to establish the positive relations of prisoners Some experts insist on having as an alternative to ca- and personnel based on the strictness and fairness pital punishment not only life imprisonment, but also accompanied by the understanding of personal situ- a lengthy sentence with a fixed term. International ations and risks. experts think those imprisoned for life, even though they know the average length of punishment, cannot Also experts recommend paying attention to inter- hope for release until they receive it in fact. This un- national standards on the special groups of the im- certainty, according to specialists, causes additional prisoned for life (foreigners, elderlypeople, women, psychological pressure on prisoners. children, seriously-diseased, etc.) Other experts arguing for the fixed term explain it by Selection and training of personnel to work with the the long length of terms in Central Asian region and imprisoned for life must take place after consider- the punitive practice. For example, the criminal codes ation of working conditions as well as professional of Kazakhstan and Kyrgyzstan provide for the strict behavior with prisoners. In addition, experts emp- punishment of 20-25 years, a total of sentences up hasize the necessity to conduct regular studies on to30 years and capital punishment, while during the the impact of life and long sentences on personality, Soviet times the gravest punishment was imprison- while paying a special attention to those factors that ment for 15 years and capital punishment. In other reduce the negative effects and encourage a constr- words, after gaining independence, these countries uctive adaptation to life in prison. increased the term of punishment twice.

The above recommendation refers to the principle of At the moment, Central Asia, during the trend of hu- normalization that concerns the imprisoned for life. manization, abolished capital punishment but replac- “The point here is that it is necessary to do all possib- ed it with life imprisonment, which does not solve the

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problem of increasing prisoner numbers; the most when we know for sure that a criminal will be pun- urgent issue of the current times. ished irrespective of one’s social status and the co- rrupt officials, then there will be no need for capital Some state officials who work in the system of puni- punishment and other strict forms of punishment,” shment in Central Asian countries think that because – concluded Chinara Musabekova. of the increase in the number of prisoners, the hum- anization package of laws on criminal responsibility in Judicial sanctioning the region is a forced measure. “Life made us develop A great amount of work is being done in all Centr- such laws and proposals to deputies,” – stressed the al Asian countries in the trend on the humanization head of the Ministry of Justice of Kyrgyzstan Marat of criminal laws, which concerns judicial sanctioni- Kayipov during an interview with journalists. ng introduced already in Kyrgyzstan and Uzbekistan. In Kazakhstan, the draft bill that has been recently One of the reasons for humanization laws, as noted developed is being widely discussed. Civil society of Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, by Kayipov, is the difficult situation in the correction Central Asian countries tries to attract attention, over facilities that can be observed recently. The coloni- more than 10 years, to the question of bringing a es are full, and only in 2005, according to the head national legislation in conformity with international of the Ministry, there were 17 thousand prisoners. legal standards in the field of criminal proceedings, However, after undertaking some measures on the particularly, with the International Covenant on Civil humanization of laws, their number was reduced to and Political Rights. 11.5 thousand people. Article 9 of this international document says: “Anyone “As heritage from the USSR, we received a great nu- arrested or detained on a criminal charge shall be mber of prisoners; Kazakhstan was in third place in brought promptly before a judge or other officer aut- the world in terms of the number of prisoners; 570 horized by law to exercise judicial power and shall be people per 100 thousand of population. In Tajikistan, entitled to trial within a reasonable time or to release. with a population of 5 million, about 10 thousand pe- It shall not be the general rule that persons awaiting ople were in prisons. There is little information on the trial shall be detained in custody, but release may be same issue in Turkmenistan and Uzbekistan,” –said subject to guarantees to appear for trial, at any other Kuat Rahimberdin. stage of the judicial proceedings, and, should occasi- on arise, for execution of the judgment.” In the view of experts, this problem can be solved, if countries succeed in introducing and developing alte- Among all Central Asian countries, according to the rnatives to imprisonment. It can be addressed by the expert community, Kyrgyzstan has succeeded most effective and modern agency of probation. Nowada- in this direction; it introduced judicial sanctioning not ys, in some countries of the region, there are inspec- only on arrests but also on other rights-restricting tions, but they often lack financing and cadres. As for actions. long-term recommendations, experts commented on the necessity of having an effective struggle against “Regarding the issue of the improvement of crimi- corruption in the judicial system. nal proceedings, it can be objectively recognized that nowadays Kyrgyzstan is ahead of its neighbors “It is not the cruelty of punishment that reduces cri- in Central Asia when it comes to the introduction of mes but the unavoidability of punishment. When the democratic institutes into the criminal proceedings. I judicial system and investigation bodies operate well, would say that Kyrgyzstan is rapidly approaching the

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introduction of fair criminal process into national leg- Both sides have equal rights to appeal for release islation. It is good that in Kyrgyzstan there is judicial and arresting the convicted. The court trial is an open sanctioning of arrests but also of all criminal-proced- process, which also reduces the risk of non-objective ural and operative-investigation operations that may proceedings. “Judicial sanctioning creates additional limit the constitutional rights and freedoms of citiz- guarantees for objective decisions on choosing arrest ens. One is glad to know that Kyrgyzstan intends to as the measure to limit rights; it allows measures of incorporate the jury court in the near future. I think restricting characters only in the case of substantial that one needs to estimate positively these changes grounds - the defense has the opportunity for the and wish success to our Kyrgyz friends in the further qualified protection of interests while the question on advancement of judicial-legal reforms,” – said Dan- sanctioning is being decided; it gives some additional iyar Kanafin, a lawyer, member of the Presidium of leverages for civil society to control the implementat- Almaty Lawyers’ Society. ion of justice,” – noted Daniyar Kanafin. Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, In Kyrgyzstan, judicial sanctioning was introduced However, the most debated questions are the princi- earlier than in other countries of Central Asia as the pal issues pertaining to arrest sanctioning. Kyrgyzst- indispensable attribute of the humanization of crimi- an has faced the problem –a lack of judges who need nal policy, but also retained an extensive understand- to decide on the fairness of taking into custody the ing of the concept of Habeas Corpus (the prescription convicted or suspected. which says that those convicted and suspected shall be brought promptly before a judge). Also, the question on the formation of a special st- aff of judges who will deal only with the procedure “We went further than other countries of the post- of sanctioning remains unanswered. The problem is Soviet space. The Kyrgyz judges now sanction taking that a judge who made the decision on arresting the into custody, and also putting an arrest on property, convicted, is not morally ready to take positive dec- mail correspondence, home arrest, recess, search isions concerning the same person in the course of and arresting. The investigation bodies have no right trial. Some experts think it would be more ethical not to hear citizens without the court’s resolution. Before, to have the same judge whether it is appeal or the it was under the competence of an attorney; now reversal of a judgment, if the concerned judge deci- – only judges. This practice started in July 2nd 2007,” ded upon the sanctioning of arrest. – explained Lyubov Ivanova, member of Lawyers’ So- ciety of Kyrgyzstan, the founder of public foundation Recommendations “Voice of freedom.” The general recommendations for all Central Asian countries on the qualitative introduction of the demo- Judicial sanctioning has many advantages in respect cratic institute of judicial sanctioning given by experts of human rights protection. For example, the judicial included the following: an effective struggle against trial on the selection of arrest as the measure of lim- corruption in the judicial system, attraction of public iting the arrested gives more opportunities to protect and media attention to the judicial processes to pro- one’s right to freedom. Judicial sanctioning of arres- vide more transparent and open processes of judicial ting implies competition in the court, when before a decisions and sentencing. judge, the lawyer of the suspect and attorney make speeches, and the latter hasn’t the right to decided Also experts emphasized the need to establish and solely on taking into custody. expand the staff of specialized judges who will decide only on the sanctioning of law-enforcing actions in

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order to avoid the prejudice towards the convicted ondence, home arrest, and hearing. or suspected. In all countries of the region, except The expert community and human rights activists of Kyrgyzstan, it is required to consider the question on Central Asian countries are certain that the expansi- expanding the concept of judicial sanctioning that at on of the judicial functions on sanctioning can create present is applicable to the taking into custody of the a positive image of the region, where the countries convicted or suspected. During the trend of humani- have chosen the path of democratic development. zation of criminal laws, it is necessary to pay special attention to sanctioning of other law-enforcing actio- Gulnura Toralieva, especially for Voice ns: search, recess, arrests on property, mail corresp- of Freedom www.vof.kg

LIMITS OF LEGAL CONTROL: IS A DIALOGUE BETWEEN THE MASS MEDIA AND THE STATE POSSIBLE?”

Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, Roundtable transcript

Gulnura Toralieva, IPP Program Director, intro- to monopolize and to form a common informational duced the participants and the topic. space is not bad. But authorities face certain difficu- Ilim Karypbekov, Director of the Media Com- lties. For example, as long as mass media customers missioner: First, I would like to talk about the pro- know that a certain media organization is controlled cesses that are now taking place in the mass media. by those in power, it loses its popularity and becomes Nowadays, there is no electronic mass media at the ineffective. Hence, the authorities might need to su- national level that does not depend on those in posi- bsidize mass media in order to maintain the common tions of power. It is widely known that all of the cou- informational space. ntry’s electronic mass media are concentrated in the hands of one person. The same is true for the press. As for the mechanism of legislative control, the Mi- Those in power are trying to create an informational nister of Culture and Information told us during a space that will reflect only their position. If one con- private meeting that he is preparing to propose am- siders mass media at the national level, one can say endments to the law “On mass media,” and they will that there are newspapers - “De-facto,” “Super-info,” touch on the status of journalists. Their status is not and perhaps some other small mass media. However, currently defined and regulated, legally. After the ch- it is notable that there is freedom of speech on the anges, their profession will be licensed. Internet. It has not yet been monopolized and there is a diversity that will come to an end soon, when the In all developed states, the non-governmental sector legislature takes steps to regulate it. I think that de- and the mass media cooperate closely. In Kyrgyzst- puties will raise this issue before the end of the year. an, these two sectors do not get along and do not understand one another. As a result, there is likely to What kind of preventive measures can we take and be legislative intrusion into this field - in an effort to what is being done at present? The only step that gain control. has been taken is the establishment of a commission to consider complaints about the mass media. This is All the actions of our authorities resemble those of the only institution that tries to control the journali- the authorities in Russia and Kazakhstan, which ado- sm community from within. I hope that the activiti- pted legal norms on regulating the non-government- es of this institution will be fruitful. So far, there are al (NGO) sector. In Kazakhstan the grant activities of no other measures that are being taken. An effort any NGO must be carried out under the strict control

- 50 - LIMITS OF LEGAL CONTROL: IS A DIALOGUE BETWEEN THE MASS MEDIA AND THE STATE POSSIBLE?” of state bodies. It is only after receiving their permi- of the KR.” I think one should not try to escape such ssion that NGOs may receive grants. We are moving debates. in the same direction. The only solution for the NGO sector is to coordinate and self-regulate. So far, NGOs Also during the meeting with the employees of the in Kyrgyzstan do not support one another; they work Ministry, I was informed why Nur uulu Dosbol said only for their own interests. This may result in the what Gulnura Toralieva quoted him as saying. That loss of the liberal-oriented mass media and NGOs. day, there was a conflict between the employees of the Ministry and two journalists from TV and rad- Gulnura Toralieva, IPP Program Director: I wo- io companies. I was told by Ministry representatives uld like to give several facts on the freedom of mass that they were deeply upset by the actions of the media in Kyrgyzstan. 1. Experts of the Committee to journalists, especially those representing the channel Protect Journalists expressed their discontent concer- backed with administrative resources. The journalists ning the introduction of censorship on mass media in said a lot of threatening things to the officials. After Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, Kyrgyzstan in the 2007 edition of their annual report, this incident, Nur uulu Dosbol was furious and that’s “Attacks on the Press,” which covers all countries in when he said what he said. It was a direct reaction to the world. The report called the mass media situation the behavior of the journalists. I would like to emph- in Kyrgyzstan unsatisfactory because of the introduc- asize that often, cruel reactions are reactions to our tion of censorship and the increase of threats against behavior. There was a kind of similar situation betwe- journalists. 2. The Vice-Prime-Minister of Kyrgyzstan, en 1991 and 1993, when there was so much freedom Nur uulu Dosbol, charged the Minster of Culture and that no one knew how to use it. The outcome was Information “to coordinate the information policy of the trial of Zamira Sydykova in 1995 and the gradual the mass media better.” turning of the screws. Today, we observe the same things but in a more rapid way. Alexandr Kulinskiy, independent journalist: I want Ilim’s words to be understood better. When The reasons authorities are trying to limit the mass he talked about the draft bill on the status of jour- media should be mentioned. Both sides are getting nalists, he meant that we know that there is such a ready for “spring events.” The current intensification document being prepared right now. Yesterday I met is a result of preparation for these possible events. A with the Minister of Culture and Information and we part of the problem we have depends on us. If we discussed the situation. In fact, there is no draft bill do not understand today that we are doing someth- on “the status of journalists” yet. The minister thinks ing incorrectly, there is a threat that a law could be that such a law is necessary, but what will it include? adopted that would include an ethical code, and a Yesterday he accepted an invitation to meet with the journalist failing to observe it would lose his license. non-governmental media sector next week to discuss The state, unlike journalists and NGOs, has the ad- two questions. ministrative resources, and can develop a law that can be easily adopted by the current parliament. We The first question is whether it is necessary to ad- need to avoid pushing the situation to the extreme. opt a law on the status of journalists. The majority Nur uulu Dosbol’s words highlight this situation. of NGOs and journalists think there is no need for such a law, that the normal law “On mass media” is As for censorship, it has always existed. The only di- sufficient. The second question is how to implement fference is that, earlier, it was not discussed open- the law “On the access to information that is under ly. Sometimes the electricity was off, the bridges of the control of state bodies and self-governing bodies ... were burned for unknown reasons, the NSS was

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involved in the work of media. If one remembers • The possibility to undertake journalistic activities fr- 2002, some opposition deputies showed a video of eely - this is about censorship. Here, it implies official the Aksy shooting and all of the media were ordered institutional bodies that maintain censorship; not to show this record. The only channel permitted • Mass media registration - informative or permissive to show it was KOORT, which was allowed to show a character. At the moment, it is possible to address the small fragment. “Pyramid” was forced to switch off all Ministry of Justice and register press units; it will take its phones, make its news block two hours early, and a month. There are problems with electronic media, leave the office after making copies of the tapes. The which relate to the licensing of frequencies. next day, there was no electricity. When they unders- • The presence of freelance journalists - today we do tood that it is useless, broadcasting was off air. not have them; Censorship was always there and always will be. • State regulation - it is absent today; Mass media - particularly, electronic media - cannot • Professional immunity - the presence of legal co- resist it. It is necessary to have technical and political mplaints. This is the indicator that shows the rate of Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, resources to resist it, which the media do not have. illegal dismissals, the presence of the legal protect- It should be remembered that history might turn out ions of journalists’ professional activities, which are differently; the experience of KOORT is an example. absent; Each of us has to think about what goes on the air • Access to information - openness of state bodies, and its consequences. The supervisor of the “Pyr- which is absent amid” program “Nashe vremya” told me: “You are • Confidentiality of information sources - today, thr- promoting the opposition. And when they come to ough the courts, the sources of information may be power, they will stop it.” Nowadays, I often think, is it released; necessary to talk about everything? • Education level at universities - the process of re- ceiving theoretical and practical skills. In totalitarian Shamaral Maychiev, Media commissioner in states, to eliminate freedom of speech, they start the KR: It is often the case that freedom of speech with education; is evaluated based not on reality, but on how certain • Licensing and access - there is a problem relating to events are perceived. To measure freedom of speech, electronic media, as I mentioned earlier; we need indicators. How can we measure freedom of • Suspension of the mass media - it is clearly guaran- speech? Based on: teed by law; it is possible only with a court decision; • Conditions and standards of journalistic activities 1. Professional freedoms and guarantees - education - these are labor unions, which are absent; and access to the profession, conditions and standar- • The presence of ethics - recently an ethics code ds of journalists’ activities, professional associations; was adopted; 2. Application of responsibility measures; • The existence of a commission on qualification; These are two points on which to do research on fr- • The existence of a professional organization that eedom of speech. Today there is some evaluation of will incorporate not less than 1/3 of the media - it the media. We can rely only on our feelings. is necessary. Media organizations should initiate the establishment of such an organization; I will read several indicators meant to measure free- • Facts and opinions - journalists confuse opinions dom of speech. and facts; • The presentation of public figures and of their int- erests. Professional freedoms and guarantees: • Mass media as a business;

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• Existence of professional associations - absent; not felt that. But perhaps, it will happen soon. • Existence of NGOs; • Other ways to solve disputes besides appealing to Grigoriy Mihaylov, correspondent for the fede- courts - a body for self-regulation; ral information agency REGNUM: I will characte- • Application of responsibility measures - the ability rize most journalists in Kyrgyzstan as “locked.” I call of the courts to compensate for moral damage. Acc- them this for several reasons. First, I would like to ess to justice; point out their low levels of education and professio- • Regulation of content - programs, air time, retr- nalism. Most students do not have practical training ansmission. These are serious problems with these after graduation. Second, they are afraid of the auth- indicators. For example, the pressure from the Uzbek orities. Vecherniy Bishkek” or “Pyramid” today state: media in the south of Kyrgyzstan “Bakiev is not good.” And tomorrow, after a change • Political advertisements - there is no law on political of ownership, the same people will write that he is advertisements; good. Journalists are not afraid to lose their readers’ Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, • Commercial advertisements. respect, and there are skills for changing opinions and the willingness to cooperate with leadership.”]. Summarizing the above, I would like to say that fr- If the leaders were concerned that after a change of eedom of speech must be acheived in accordance editorial policy, employees might leave, they would with previously agreed indicators. Those media ev- do it much more carefully. Now it is done very simply. aluations conducted by Freedom House and IREX, It turns out that a journalist is simply a transmitter include general conclusions on freedom of speech in of words, assigned to deliver the thoughts of his le- Kyrgyzstan. aders.

Leila Saralaeva, Associate Press corresponde- Ilim Karypbekov, Director of the Media Com- nt: While analyzing the current situation, I agree with missioner Institute: When I asked whether poli- the point that media are not free. No one is interes- ticians should have strict principles, I was told that ted in editorial policy, because no one can influence politicians must have flexible principles. It seems to it. Journalists rewrite material or create transcripts of me this position has spread to journalists. Such situ- parliamentary proceedings. When there is ‘hot’ mat- ations have occurred: the Media Representative Inst- erial, it is an order from the authorities. Thus, one of itute protects one newspaper, which received a lot of major functions of journalism - to criticize and reveal complaints. Then the owner of this newspaper moves the truth, is fading. It is in the public interest for jou- into power and, right away, the flow of complaints rnalists to investigate and critique. But the process of stops. Officials usually do not complain about pro-go- state agencies’ reacting to media criticism is not op- vernment media. But as soon as the owner joins the erational. State officials are not afraid to be publicly opposition, immediately, journalists become critical. criticized in the press. This is because their positions And again this organization appeals to the Media Re- do not depend on their work but on their personal presentative Institute for assistance. relations with high-level officials. Maybe this situation is a result of the corrupt nature of our society. It is a Do journalists have principles? Unfortunately, journ- source of public mistrust of the media. As for relatio- alists frequently do not have particular values. This ns between the authorities and the mass media, the leads to many problems. Regardless of media own- president said it well: “Now a minister will not give ers who become proponents of the powerful or the an interview or hold a press-conference without the opposition, the total number of complaints does not consent of the Prime Minister.” Until now, we have decrease. During 2007, the Media Representative

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Institute participated in more than 45 cases when forget about us, and that we also do something.” But there were complaints against journalists. During its we do not remember them. People like her strive for three-year history, the Media Representative Institute professionalism, association, and protection of rights represented the interests of journalists in 120 cases. because they know what it means. But, we at the That is a lot. And there are many journalists who do top talk about high values and do not stand on the not come to us for help. Basically, there are complai- ground similar to our opposition. We are ones who nts about the media every day. resist association and the creation of professional or- ganizations. Those who tend to have morality, mostly Alexandr Kulinskiy, independent journalist: struggle against it. Regarding the question on the principles of journalis- ts, I think that quite high standards are being applied Andrey Miyasarov, Director of the Media Sup- to journalists. At the same time, these standards are port Center: Kyrgyzstan is a unique country beca- formed by a society that is far from being idealistic use only here do we have independent publication, Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, and can cynically sell votes during elections, then go a body for self-regulation, and an institute for the against those they elected. After this, I wonder how protection of journalists’ rights via Ilim Karypbekov. people can demand from a journalist something that The conditions exist to build a dialogue. they themselves are not able to perform. Are jour- nalists the chosen caste or gods? Don’t journalists There is a view that there is no free journalism. Here, have families they need to feed? Twelve percent of we use the English word “free,” which is translated as a society must be active, principal and intelligent if “not occupied, unpaid.” It turns out that somebody it is going to function well. When there are more, always pays. But, there is a serious problem. There is society goes crazy. In our country, perhaps, there are no solidarity among journalists nowadays. There was too many intelligent people; therefore, we live like some solidarity after the murder of Alisher Saipov. this. What do we know about journalists today? We Why wait for something like that to show solidari- do not know who is an average journalist. We do not ty? As for independence, Kyrgyz media is much more have a labor union of journalists which aims at for- advanced than Russian media. The only thing is that ming a professional environment where an individual information policy was developed more correctly in can work. Journalists might become principled when Russia, and the cropping of the informational space there are professional fundamentals like contracts, was the first step. professional training, re-training, improvement of qu- alifications, etc. In our press, there are no normal Mass media independence is defined by its financial labor relations. It is a huge problem that most prefer situation. We try to solve one simple question. Media to forget, but there are talks on principles. No one is popular, it is efficient. One of the elements of fin- thinks about how a journalist with principles will sur- ancial independence can be product marketing. This vive when he is not employed. In my view, there’s no is the purpose of all media with no exceptions. Media point in talking about principles in the society without cannot make a deal with the state enterprise Kyrgy- principles. This is first. zpochtasy. Thus, all the top profits go to people who have no relevance to newspaper production. The po- Secondly, we forgot about regional journalists. For int is that we produce a newspaper and 10% goes for example, in the newspaper “Za ugol” in Kyzylkiya, the wholesale of newspapers. Then, the newspaper the only employee is the chief editor, an old lady. goes somewhere, and these processes are not contr- What do we know about her needs? When I talked olled. A part of the money that goes to Kyrgyzpochta- to her, she told me with tears on her eyes: “Do not sy, newspapers cannot recoup. But people, who work

- 54 - LIMITS OF LEGAL CONTROL: IS A DIALOGUE BETWEEN THE MASS MEDIA AND THE STATE POSSIBLE?” at the markets make 300-400% profits by selling the He will probably say it is because of his low salary. product we produce. In 16 years, no one has addr- Then, we advise him to leave the job. Similar requi- essed this problem. All efforts to create an associa- rements must apply to NGOs. If I work in an NGO, I tion of publications and distributors that could be a need to be transparent. In the title of the law “On ac- starting point for establishing an alternative system cess to information that is under the control of state of distribution have failed. People are not ready to bodies and self-governing bodies” initially there were understand that not all products of the press will be fewer words. It was previously called the law “On interesting. Obviously, each solves its problems with access to information.” Then NGOs start saying that state bodies individually, gaining a temporary succ- this law encourages constant checks upon NGOs. ess. The question of financial independence, and in NGOs must be transparent. To ask for transparency particular, one of its elements, is not solved because from state, NGOs must themselves be transparent. of the absence of professional solidarity among the The same must be true for journalists. If a journalist journalistic community. Today, the dialogue between says that he is open and follows principles, then his Kyrgyzstan brief January – February, 2008 Kyrgyzstan brief January – February, the mass media and the authorities is not possible opinion will be heard and respected. due to the absence of such a body. Those NGOs that work with them, they protect media more than media Andrey Miyasarov, Director of the Media Support Ce- itself. We have the newspaper “Journalist news.” It nter: The best indicator of media success is audience could become the core of the journalist community. - readers. Unfortunately, many of our newspapers do This newspaper is supported by many. Perhaps, it not survey their readers. The newspaper “MSN” used will become one of mechanisms that will trigger the to publish 50,000 copies, now - 10,000. “Vecherniy association of the journalist community. Bishkek” used to publish 80,000 copies of its Friday issue, and 20,000 copies every other day. Now, it is Ilim Karypbekov, Director of the Media Comm- 40,000 and 5,000. This is the answer. People react. issioner Institute: I want to add several words ab- out journalists’ principles. The problems of journalists Gulnura Toralieva, IPP Program Director, con- at the state-owned national TV and radio channel are cluded the round-table and expressed thanks to its related to these principles. It is the same when we participants. ask the militiaman on the road why he takes bribes.

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