Legal And Civil Society In Kyrgyzstan example essay topic

Kyrgyzstan was the first of the Central Asian republics to acquire democratic institutions and aspirations after the collapse of the Soviet Union. Kyrgyzstan has been seen as the most democratically minded country in this region where authoritarian government is the norm. For the last years Kyrgyzstan has acquired reputation of country of "benevolent authoritarianism". My research seeks to reveal the inhibitions toward establishment of fully-fledged democracy in Kyrgyzstan. Many factors contribute to the resistance of gradual movement toward democracy: violation of guaranteed rights on freedom of speech, traditional culture, weak civil societies, high level of corruption, the leading-role of the old nomenklatura, unceasing struggle with political opposition. Freedom of press and discourse has become one of the cherished values in democratic countries.

Authentic democracy requires a free press and free expression as self-evident and intrinsic truth. "Government can't control what is written or broadcast, and it cannot throw people in jail for their views. The most obvious sign of undemocratic regime is the violation of these fundamental rights" (Jay Rosen). Thus, these rights are "unshakable facts" that keep democracy alive and alert. They are sure guarantees that political freedom will be maintained and honored. If take Kyrgyzstan in the framework of practicing and aspiring for admitted norms of democracy, our centers of power try to impose monopoly on political discourse which "by definition implies inadequate freedom".

Officials have generated their own subtle methods for curtailing the freedom of press in Kyrgyzstan. There are overt signs that Akaev and his administration has become impatient with some media companies, seeing them as offering largely destructive criticism and discrediting the authorities. Direct censorship is prohibited in Kyrgyzstan, but noone abolished indirect influence. Media companies are being closed down by the virtue of holding overly critical stance toward president and officials. In March 1995 Akaev sued newspaper Republica for suggesting that he had real estate in Turkey and Switzerland and its editors were given one year suspended sentences and banned from working as journalists for 18 months. Now paper has emerged as pro-governmental outlet.

Practice of closing down media by the courts decision is quite ubiquitous. The growing debate over wave of pressures imposed on the editors and staff of newspapers as well as editor's removal (the overt example with Aleksandr Kim, ex-editor of Vechernii Bishkek) demonstrates blatant trend toward self-censorship by state run paper as well as independent. Number of media outlets is subject to legal accusations for insulting key officials and libeling. Increased harassment of leading independent daily Vechernii Bishkek caused it to deviate for governmental position and come under ownership of president's family without whose consent no material is allowed to be printed and publicized. Practice of nomination of editors of mass media by President, governors, aims is at wide disposal for handling of outlets of information. Human rights activists, public and political activists, express the serious concern in connection with the continuing practice of prosecution of independent Mass Media and journalists in Kyrgyz Republic.

The authorities of Kyrgyzstan, having proceeded from the political reasons, don't give journalists the opportunity for free expression of opinions, principal and honor covering of society's problems. The trend of all-encompassing indirect censorship is heralded through the total monopoly of printing house - state concern "Uchkun". The scheme of censorship is quite simple. Before being delivered to the newsstands, papers are subject to the preliminary reviewing and considering by the officials in the House of Parliament and after approval the printing process begins at state monopolist "Uchkun". Last year Akaev issued decree which established bureaucratic obstacles to independent press and publishing. It required that all printing equipment, which is defined to include even copy machines, be registered with the state and strictly monitored by state agencies, but in short while Akaev withdrew decree.

The United States provided funds for the establishment of a printing press in Kyrgyzstan designed to help the country's independent media resist government harassment. But Kyrgyz authorities refused to register it. The wave of court claims from deputies and high officials against independent media has already damaged the creation of civilized, legal and civil society in Kyrgyzstan, as it is overt representation of an attack on press freedom. These are the parts in the chain of numerous attempts of the authorities to limit the freedom of speech. We are compelled to notice, that these processes are negative and threaten the democratic values in Kyrgyzstan. But in comparison with neighboring countries, Kyrgyzstan retained considerable degree of press freedom.

Karimov keeps media on short leash; journalists are subject to jailing by the mere virtue of having links with the banned opposition newspaper Erk. Out of existing 721 news outlets registered in Uzbekistan, the government owns 394 of these. Government of Kyrgyzstan owns only dozen of media companies out of more than 600 outlets, though such ownership is officially prohibited. There is still not a single journalist in the whole of Uzbekistan who can claim to be truly independent, who can go anywhere and express himself freely without any fear of being subject to trial's sentence. Freedom of speech is a guaranteed way to the public journalism, which according to Jay Rosen exists to make participation and engagement in the public life of country plausible. It is prerequisite for establishing well functioning civil society.

However, other factors contribute to growth of civil society as well. Civil society is rooted in the concept of "citizens working with citizens for the larger public good". The very notion of altruism and voluntarism is intrinsic. Civil society is all about deliberation and dialogue, "making decisions together about how to act as public" where group mentality prevails over individualistic. It is a process of developing the "I" into "We" or enhancing the participant's "taste" of collective benefits. Civil society is aimed at inviting citizens to take their well-being in their hands.

Kyrgyz citizens need to rediscover the principles of it for sustaining democratic values. Civil society is rooted in the individual incentive of involvement into public politics that is "acting to gain control over their (citizens') future". But in Kyrgyzstan there is no overt stimulus for engaging in the process of cooperation for mutual benefit. The main obstacle toward normally operating civil society is the traditional system of Kyrgyz people rooted in collective links of kin and region. Politics of kinship and "tribalism" remain powerful and progress toward civil society will be gradual and deliberate. Before Soviet system to come in Central Asian region, people identified themselves with extended family groups, tribes and regions, and had little sense of belonging to a wider ethnic group.

Soviet regime expanded the traditional families beyond narrow sense, however clan affiliation remains pivotal to Kyrgyz people. Another feature is traditional division between northern and southern Kyrgyz. Dismissive comments about South being primitive in economical as well as political arena has caused further divide to strengthen. Elites from the south have little role in national government, and are increasingly frustrated as well as common people by the domination of business and politics by a few families from the north, which mainly affiliate to the family of president. Akaev's son-in-low is the leading businessman in Northern part of country, and his wife has acquired reputation for interference in government appointments.

However, pervasive tribalism is not purely Kyrgyzstan's phenomena, it is wide spread practice among other CIS countries. Karimov's leadership seems to rest thoroughly on such relations and thus the real nature of his power. Tribalism as well as clientalism is seen to be an impediment to economic and political reform and to social integration throughout Central Asian countries. Traditional hierarchy of power is another issue in the evolutionary process of fostering civil society. System of power flowing from above to bottom rather than upward communication is a legacy of Soviet Union, where individual was considered to be a citizen of state not a citizen of society and be subject to one administrative controlling and ideological regulations from center in Moscow. Soviet system created background traditionally inhospitable to self-government and self-initiative.

Citizen was discouraged from voluntary participation for the weal of society and oneself, as center took control and responsibility over each individual. Ten-year period is too small a span to knit society together which inherited norms of social and political behavior of Soviet era and develop social connectedness, thus rediscovering civic engagement and trust. The issue of harmonizing of interethnic relations is central to the development of post-totalitarian state in transition to civil society. Minority groups feel alienated and insecure from processes occurring in country. It contributes to undermining of aspiration for the civil society.

Under the surface Kyrgyz people remain nationalistically inclined, inter-ethnic hatred is being disseminated having resulted in past into ethnic cleavages between minority groups and titular nation (events of 1990 in Osh region). President and numerous parties stress on movement toward "commitment to the creation of multi-ethnic state to which members of all national groups could feel they belonged". However, the feeling of affiliation and identification with society, civic concord and ethnic equality weren't preserved with the revitalization of Kyrgyz nation. Russian, German, Jewish emigration was the aftermath of the inability of state to form links between different parts of society intertwined with economical crisis and uncertainty over future.

Change of national composition, migration processes made attitude change toward minorities. The amendments to the Constitution were added concerning status of Russian language as second official language of country. Migrations policies were adopted. In result, the flow of immigrants (mainly Russian speaking) substantially reduced in the last years. However, minority groups practice passivity, low civic engagement, low level of reciprocity and solidarity that affects the emergence of social trust due to "tribalism" and traditional system of allocation of power and resources.

As feeling of belonging to society declines it leads to fall of political participation among minorities as well as ordinary people who don't belong to powerful clan or group. It influences in its turn the public life and the performance of social institutions and representative government. As survey conducted after parliamentary elections in February 1995 revealed that whole apartment blocks of Russians didn't participate in the vote. There is no just representation of the non-Kyrgyz in the selection of leading posts in the administration. Of the 105 deputies eventually elected 87 were ethnic Kyrgyz, a substantial over-representation of titular nation. The tendency is traced to make political and administrative appointments on the basis of ethnicity and kinship.

It is impossible to attain key position in Kyrgyzstan without being a member of some clan. President himself belongs to "Sar Bagysh" clan as well as majority of Parliament officials. This practice hinders the process of selecting civil servants according to the rating system. Ordinary citizens practice passive reliance on state as they feel that their engagement will make no difference on the process of appointment and selection of officials or on the course of running new reforms. It can be attributed to rapid and expected dissolution of the Soviet Union and growing level of corruption among leading officials and president's apparatus, the population hasn't have time and incentive to develop political culture of participating nature since the collapse of Soviet Union. Civic engagement is a key condition that makes democracy work, however, Kyrgyzstan should attempt long route toward fostering feeling of efficacy among citizens.

The resolution can be attained through elimination of disproportional representation of Kyrgyz people on leading as well as mundane posts. Next condition for establishment of civil society is involvement of women in the political activities, social life and mass media. Kyrgyzstan remains deeply rooted in patriarchal conduct toward women, where women constitute the majority of nation. The case study on Kyrgyzstan highlights the common infringements to women's participation.

Male-oriented political frameworks prevail. Relatively low level of gender-awareness, a lack of party and media support and inadequate contact between political actors and women's organizations, constitute ongoing challenges for women's representations. Democracy is characterized by the "peaceful rivalry for the exercise of power that exists constitutionally" (Raymond Aron: 1965). Akaev has always spoken of his desire to see the emergence of a coherent and strong multi-party democracy with strong opposition. Conversely, Kyrgyzstan witnessed substantial growth in authoritarianism by president's stance toward opposition, while opposition parties adopted increasingly critical stance alike. Arrests and prosecution of opposition ists marked a slide towards dictatorship.

A number of rivals were subject to legal proceedings, allegedly on the grounds of their criminal activities rather than political opposition during the 1995 presidential elections. T. Turganaliev and J. Usu pov, both supporting the candidacy of former speaker M. Sherimkulov, were arrested for assumed distributing leaflets slandering Akaev. However, there was no evidence in support of accusation. Akaev's rhetoric on democracy and human rights masked a growing authoritarianism that suppressed opponents and gathered power around the president and his family. Quite recent events are fresh in our memory. Confrontation between opposition and government has deepening with every month since the spring of 2002.

Azim bek Beknazarov faced charges of abuse of power while he was a regional prosecutor. He had become outspoken in his criticism of Akaev. His imprisonment was allegedly related to a former post in the prosecutor's office. But few people doubted that it was his political views that had provoked his arrest. Another former Kyrgyz official who has fallen foul of the authorities is a former vice-president and mayor of the capital Bishkek, Felix Kulov. He was sentenced to seven years for abuse of office, even though the International League of Human Rights suggested the charges against him were politically motivated.

He sharply criticized the conduct of parliamentary elections in Kyrgyzstan as a retreat from the path of democracy. Kulov said officials had bribed and threatened voters in his constituency. He was excluded from running against Akaev. Thus the adherence toward fair competition through elections based on involving different political parties was not sustained. President and his apparatus maintain control over electoral process, directing it to own favor and eliminating rivals for office.

The accusations of embezzlement and slander are designed to curb opposition. No strong commitment to pluralistic politics is viewed in Kyrgyzstan as well as its neighbors. In Kazakhstan opposition party activists critical of the government face attacks, criminal charges, and other forms of persecution; oppositional leaders are being hounded to quash their political activities. During the campaign period rivals are beaten, harassed and followed; shots sometimes are fired. Kazakh authorities quite frequently deny access to the ballot on the basis of administrative conviction for participation in an unregistered public. In Uzbekistan national-democratic opposition ceased to exist as organized force due to campaign launched by Islam Karimov of repression of opposition.

Market economy is pivotal for democracy to exist. But disintegration of economy after the collapse of the Soviet Union left Kyrgyzstan in rather vulnerable state. For market economy to emerge and function properly there should exist the long historical process of its fostering. The USA has been growing capitalism for 300 years. Both in Europe and America the transition to political democracy was preceded by private ownership and market relationships. Kyrgyzstan has history of Socialism and Communism that is not a favorable soil to grow free market economy.

The current economic reality doesn't favor the growth of middle class seen as basis for democracy to function in market economy. Two thirds of population lives beyond the border of poverty, one fifth in extreme poverty. The gap between high-income layer and low-income is increasing yearly. The rapid stratification and polarization of society into two main categories is an undermining process. Middle class is a strong political power able to influence the course of politics only when it is fostered and maintained by state. Listed above factors shattered the illusion of Kyrgyzstan as an "island of democracy" in a repressive region.

The importance of a free press, strengthening of middle class, tolerance toward opposition, civic capital in the establishment of democratic society has been emphasized in my research. The deficiency of these attributes damages the authority of the young independent state and doesn't honor its leaders. Though it is difficult to describe our country as fully confining to all the concepts and norms of democracy, it should not be forgotten that in comparatively inhospitable framework of Central Asian's regimes, Kyrgyzstan retains considerable degree of social pluralism, open political space, press and religious freedom than any other of its neighbors. web web web

Bibliography

Myers, Sondra (1997).
Democracy is a discussion. John Anderson (1997).