Promotion of the rule of law in Central Asia
Title: Promotion of the rule of law in Central Asia
Commissioned by: German Federal Ministry for Economic Cooperation and Development (BMZ)
Country: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan
Lead executing agency: Ministries of justice and supreme courts in Central Asia
Overall term: 2014 to 2018
The Central Asian countries of Kazakhstan, Uzbekistan, Tajikistan, Kyrgyzstan and Turkmenistan are diverging more and more in terms of their political, social and economic development. Widespread corruption is destroying many opportunities to build up the state administration and hampering economic development. As a result of corruption in the justice system, there is little acceptance within the private sector of the jurisdiction of the courts in civil and commercial matters. Furthermore, the authorities and courts do not treat business representatives as actors who can assert their rights and interests. The fundamental problem at the root of the weak economic development is the insufficiently developed constitutional frameworks, in particular the lack of transparency, which economic actors and companies use in their business activities.
The constitutional frameworks – including transparency in the rule of law – which economic actors and companies use in their market-economy activities are improved.
The project advises parliaments and justice ministries on reforming administrative procedural law. In Kyrgyzstan it also supports legal and judicial reforms in the area of civil and commercial law and provides assistance to the institutions monitoring government activities, including parliamentary committees, ombudspersons’ offices and chambers of auditors. This strengthens the legal situation of private enterprise vis-à-vis the state bureaucracy before the administrative courts. In Kyrgyzstan the frameworks within civil and commercial law are also being improved. The measures improve the investment and business climate in the participating countries.
The project supports harmonisation of the judicial system. In Kazakhstan the Supreme Court receives assistance in ensuring that lower-level courts are aware of and understand its rulings. In Kyrgyzstan the project carries out consulting and training measures to improve the application of civil and commercial legislation. This is of the greatest interest to courts in Kyrgyzstan’s business centres.
In Tajikistan the project assists both the administration and the judiciary in implementing the existing modern administrative procedures act. Experience in the individual countries is shared and discussed in specialist Central Asian forums. The aim is to ensure that experience of carrying out reforms is available to all neighbouring Central Asian countries. In this way, the project promotes regional cooperation in the justice sector.