Author
Dr Rustam Atadjanov
Organisation/Institution
KIMEP University
Country
KAZAKHSTAN
Panel
Human Rights
Title
Rule of Law and Human Rights in Central Asia: Quo Vadis?
Abstract
This paper critically examines the evolving landscape of rule of law and human rights in Central Asia, focusing on Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. It begins by briefly defining key concepts, including the rule of law, human rights, and related notions such as the State of Law and civil society, to establish a foundational understanding. The study then reviews the current status of these five nations concerning their compliance with international rule of law and human rights standards. This assessment spans constitutional legislation, other normative sources, and ratified / acceded treaty instruments, highlighting areas of partial integration and systemic enforcement gaps. A key aspect of this analysis involves identifying the objective factors unique to Central Asia that contribute to challenges in legal awareness and adherence, such as the region's Soviet legacy, the sovereignty-focused perspectives of political elites and their ensuing positivistic legal approaches, and socio-cultural influences, including local traditions and religious practices. These elements shape a distinctive legal culture characterized by a tendency toward legal nihilism and general distrust for law as a value on its own, further complicating human rights advocacy and the advancement of the rule of law. In response to these challenges, the paper proposes a combination of legal, educational, and socio-cultural strategies, tailored to the specific contexts of Central Asian societies, that could foster a more robust rule of law culture. Drawing on regional best practices, including those from Global Asia, the paper concludes with a cautiously optimistic outlook. It suggests that, with sufficient political will and commitment, the trajectory of human rights and rule of law in Central Asia could shift positively, fostering improved governance and social justice outcomes.
Biography
Rustam Atadjanov, LLB, LLM, Dr. iur. (PhD in Law) is a Graduate of the Karakalpak State University, Uzbekistan (2003), University of Connecticut School of Law, USA (2006), with the main focus on international human rights law, and University of Hamburg, Faculty of Law, Germany (2018), focusing on international criminal law. Formerly a Legal Adviser at the Regional Delegation of the International Committee of the Red Cross (ICRC) in Central Asia (2007–2014) dealing with international humanitarian law and public international law issues. He published his monograph with the T.M.C. Asser Press / Springer on the concept of humanity in international criminal law and crimes against humanity in June 2019. Rustam is an editor and co-editor in several academic periodicals including the Central Asian Yearbook of International Law and International Relations (Book Review Editor). He actively publishes with a number of European and Asian academic journals writing on a range of topics in the areas of international law and public law. At the KIMEP University School of Law, Rustam teaches Public Law and International Law-related courses in his capacity of Associate Professor of Public and International Law. Simultaneously, he works as Associate Dean of the School of Law and Chair of the KIMEP Academic Council. Professor Atadjanov’s new textbook on common theory of law for the post-Soviet states is expected to be published in 2025, while the second edition of his monograph on humanity will be published in 2026 (both by T.M.C. Asser Press and Springer).
