State engagement with non-state justice: how the experience in Kyrgyzstan can reinforce the need for legitimacy in Afghanistan

Currently there is a question of whether and how Afghanistan should engage non-state councils of elders to resolve disputes. In order to harness their benefits (e.g. efficiency), control their abuses (e.g. occasional controversial resolutions), and stabilize the resolution of disputes, some have argued that formal links should be established between the state judicial system and non-state councils of elders in Afghanistan. Others argue that mere informal links between the two systems should be established. Still others suggest that prior models of state engagement in Afghanistan should be revived. In Kyrgyzstan, just 65 miles north of Afghanistan, the Tsarist, Soviet and post-Soviet administrations have used various methods to engage non-state councils of elders. Despite these vastly different attempts at controlling local dispute resolutions, elders independently resolved disputes outside of Tsarist and Soviet control and continue to resolve disputes outside of post-Soviet state control in Kyrgyzstan. This phenomenon highlights the need for legitimacy in any models of state engagement that are considered for Afghanistan. If, as observed in Kyrgyzstan, people do not use state-sanctioned local councils in Afghanistan, then their purposes may be frustrated. Therefore, in addition to reviewing the experience with state engagement in other parts of the world, policy makers in Afghanistan should also review the historical and contemporary experience with state engagement in Kyrgyzstan. As the need for legitimacy is reconsidered and applied to the design of models for Afghanistan, it may be more likely that those models will be used by more people in Afghanistan and that their purposes will be furthered.     

The religious factor in the reification of “neo-ethnic” identities in Kyrgyzstan

This paper studies how religions, Islam in particular, play a part in the attempted reifications of “neo-ethnic” identities in Kyrgyzstan, a Turkic-speaking republic with a nomadic tradition and a Muslim majority (Hanafî Sunni Islam). In a context characterized by brutal transformations (decline in living standards, widening social inequalities, etc.) and by an increasingly failing central state whose autocratic rule appears ineffective, Islam intervenes as a paradoxical resource that is subjected to contrary uses. The traditional social link between collective identity and Islam is in fact reinvested ideologically within the framework of the new state construction. As a result a key question is what function the re-emergence of religion on the Kyrgyz political scene fulfils, especially considering broad disenchantment with politics. Islam is first re-emphasized as a national element by the authorities and, in the process, it becomes the subject of a drive towards territorialization that aims at erasing any transnational and/or pan-Islamist dimension from this universalist religion. Yet Islam and ethnicity are reinvested again in a new mode, the mode of subjectivization of religious belief, which gives rise, outside state control, to overlapping and often contradicting Islamic identities.     

Local Ordering and Peacebuilding in Kyrgyzstan: What Can Customary Orders Achieve?

ABSTRACT

The post-liberal IR debate on peacebuilding has made considerable efforts to reintroduce ‘the local’. In principle, critical peace studies follow the argument that communal capacities for peace formation exist in every society. However, few take the further conceptual step of taking emic perspectives on ordering and peacebuilding more seriously. This article aims at exploring and understanding customary concepts and practices of ordering with examples from Kyrgyzstan. It asks how and why communal actors and institutions contribute to ordering in the context of limited local tensions and how these actors navigate at national and international levels.     

International labour migration and local rural activities in the Kyrgyz Republic: determinants and trade-offs

This paper uses a representative household-budget survey from the Asian Development Bank to analyse the determinants of international labour migration, distinguishing between seasonal and permanent (long-term) moves and comparing them with determinants of rural local income-generating activities in the Kyrgyz Republic. It has been found that both permanent migration and local nonfarm-wages employment substitute agricultural activities and attract the most educated rural individuals. The difference is that the permanent migration option is unattainable for individuals from poor households with small land holdings. They tend to engage in local nonfarm activities, while those who are educated and have resources to finance the cost of migration choose to leave the country for long periods of time. In contrast to permanent migration, seasonal migration does not require the possession of either higher or vocational education, which can make it potentially less harmful for local development in terms of brain drain.     

Law of the Kyrgyz Republic “On the Main Principles of Administrative Activities and Administrative Proceedings” of July 31, 2015 No. 210

The 2015 Law of the Kyrgyz Republic “On the Main Principles of Administrative Activities and Administrative Proceedings” defines 1) the principles and rules governing the relations between state authorities and local self-governments, and individuals and legal persons; and 2) criteria of legal evaluation of government activities by courts.     

Women of protest,men of applause: political activism,gender and tradition in Kyrgyzstan

ABSTRACT

Tradition has come to play an important role throughout Central Asia in a number of new ways since independence, but has been predominantly investigated regarding nation building. In this article, we show how tradition is being used operationally in the context of activism and political conflict. We expose the various motivations and tactics pursued by aksakals (lit., whitebeards) and by a movement of mature women called OBON (lit., Women Units for Special Purposes) as they participate in politics, and the role tradition plays in these activities. We argue that aksakals actively draw on tradition even in the political realm to avoid being derogatorily labelled ‘elders on duty’, whereas OBON women position themselves as economic and political actors but are subjected to discourses and practices of tradition by others. While both aksakals and OBON women have been central to political action in Kyrgyzstan in the last two decades, this article is the first to compare and contrast these two categories of unusual activists. The comparison reveals a perpetuation of culturally recognized gender roles even when these actors go beyond their ‘traditional’ realms of competence.     

Migration and patrilineal descent: the role of women in Kyrgyzstan

Migration processes in Kyrgyzstan have given rise to fundamental social and demographic changes, meaning that many villages and town quarters are inhabited nowadays solely by women, children and the elderly, whereas younger and middle-aged men live as migrants elsewhere. This article explores the role of women in the maintenance of a strong patrilineal descent system, in the absence of their husbands or sons. This is achieved by grandmothers who play a significant role in transmitting oral genealogies and passing stories on to their children. Another role of women lies in changing the names of male relatives of their husbands; while appointing whom one should marry is also of great importance. The role of mothers-in-law in the formation of their sons' marriage ties in the latter's absence points to the powerful positions of these women. The final point is that young brides continue to live with their parents-in-law – even if their husband does not – and they must be respectful brides.     

Migration past and present: changing patterns in Kyrgyzstan

Internal and international labour migration is a main livelihood strategy for many people in rural areas of Kyrgyzstan. It is estimated that approximately one-third of the employable population of Kyrgyzstan is working abroad. However, current labour migration phenomena are not exceptional since Central Asia's history has always been characterized by the movement of people, including external and internal, forced and voluntary, legal and illegal, permanent and temporary, ethnically or economically motivated migration. This article gives an overview of the historical and present migration processes with a special focus on three village communities in rural Kyrgyzstan. It deals with the opportunities and difficulties with which labour migrants and their non-migrating family members are confronted today. The results are based on extensive field work in Kyrgyzstan.     

Global money laundering and its domestic political consequences in Kyrgyzstan

This paper examines how Kyrgyzstan's two post-communist political regimes used offshore accounts to launder money and broker lucrative deals with international business partners. It argues that easy access to global financial institutions and availability of offshore markets strengthens a corrupt regime's grip on both political and economic matters and gives regime members a feeling of invincibility both domestically and globally. Offshore connections contributed to the emergence of a vast shadow economy inside Kyrgyzstan that includes clandestine hydropower exports, manipulations in the financial sector, and organized crime. The paper particularly focuses on the non-state actors who served as brokers to mediate connections between regime incumbents and international markets.