Kyrgyzstan’s Land Code is seen as a threat to the stability of the state
Kyrgyz President Sadyr Japarov vetoed the draft of the new Land Code, returning it to parliament with objections. The Head of State explained his decision by saying that private property is inviolable in the republic. This is stipulated by the Constitution. However, the new code, in fact, legalizes the seizure of property, activists, lawyers and some deputies say.
In Kyrgyzstan, despite the ban on holding rallies, citizens whose property was on the verge of seizure were the first to protest in Bishkek. Officials are demanding their eviction from their homes under the pretext of widening roads. At the same time, there is no question of compensation. The owners have been trying to get explanations from government agencies for four months, but they have not received an answer to the question of when exactly the red lines that engulfed their houses were drawn.
The protesters held posters with the slogans “The country belongs to the people, not the construction lobby.” They also collected signatures and appealed to the president not to sign the new Land Code.
Amendments to the Land Code, especially the clause on the possibility of seizing land from citizens “in the public interest,” caused heated discussion during the third reading in Parliament. MP Dastan Bekeshev proposed to revise this provision and return the bill for a second reading. In his opinion, this is a dangerous article, which can later lead to gross violations of citizens’ rights.
The Cabinet of Ministers assured that the withdrawal is possible only voluntarily or through a court, with compensation determined either by agreement of the parties or by the court. However, the mechanism of judicial valuation is not specified in the document. Despite this, on February 13, the parliament adopted the amendments, sending the document to the president for signature.
It turns out that when land is seized for state needs, the owners are offered either an equivalent plot in another place, or a ransom. If the owner is not satisfied with the proposed price, the issue is resolved through the court. However, the new Land Code raises concerns: instead of market value, as in the old law, the concept of “sufficient value”, defined by officials, is now used. This effectively gives them the right to set the price through the courts and force citizens to sell land at an undervalued price. This situation creates the ground for potential conflicts and discontent.
“The situation around the adoption of the Land Code threatens to worsen. For Kyrgyz, land is sacred and has fundamental value, so any attempts to seize it, even in the interests of the state, are perceived as extremely painful. Ignoring this deep–rooted popular feeling can lead to an escalation of protests and a new wave of social instability, up to a repeat of the scenarios of previous revolutions,” political analyst Asilbek Egemberdiev told NG.
By the way, on April 7, Kyrgyzstan celebrated the 15th anniversary of the April Revolution. As Deputy Chairman of the Cabinet of Ministers Edil Baysalov noted: “Our people fought for justice, for the purity of government, for their freedom. The April revolution of 2010 was an important milestone in the development of the Kyrgyz Republic as a democratic and just state.”
President Sadyr Japarov, in all likelihood, by coincidence, on the eve of the 15th anniversary of the April Revolution, rejected the draft Land Code that caused public discontent and returned it to Parliament with objections. This was announced by his press secretary Askat Alagozov.
“The Head of State explained his decision by saying that private property is inviolable in Kyrgyzstan. If a piece of land is needed for government needs, compensation must be paid or an equivalent piece of land must be offered elsewhere. This is stipulated by the Constitution,” Alagozov explained.
“The President also took into account that the rights of the landowner to receive adequate compensation are limited and there is no definition of the term “replacement cost,” Alagozov said.
On Sunday, Bishkek’s first Vice Mayor Azamat Kadyrov and chief architect Urmat Karybayev met with residents of the capital’s neighborhoods affected by road expansion. Officials promised to present the general plan of the city on April 7 and discuss compensation, but there was no information about the results of this meeting at the time of signing the issue.
The deputy head of the State Agency for Land Resources, Zhakshylyk Toktosunov, explained that compensation for the seizure of land is calculated at a replacement cost “sufficient to replace the site and all losses.” However, this wording has caused serious concern among citizens. Initiative groups for the protection of private property fear that the courts will take the side of officials, and the owners will receive scanty compensation.
“Courts, as a rule, support state–owned vehicles,” says Viktor Yesikov, a member of one such group. –Uncooperative owners are likely to be forcibly evicted.” Lawyer Tynchtyk Akzholtoev sees the new law as a threat to the constitutional right of ownership: “Every owner risks losing land without real protection. This is the legalization of arbitrariness.”
According to Egemberdiev, the good intentions of the authorities to solve all the problems at once are hardly feasible. Large-scale demolition of buildings and road expansion is underway across the country. “20-30% of buildings that fall under demolition according to old architectural documents are residential buildings. This means that many families will lose their property. Not everyone is likely to receive compensation, even those with title documents,” the expert believes.
According to him, so far, citizens are understanding the situation, recognizing the need to restore order, return facilities and territories in favor of the state. However, questions arise about the legality of the authorities’ actions and the adequacy of compensation. Many are afraid of litigation and arbitrariness. It is unclear which General Plan the authorities are following – the 1970s, 1990s or 2000s. They can’t decide on the width of the roads either – they talk about 24 meters of road width, then about 25 meters. This uncertainty adds to the tension.
“The new mayor of Osh, Zhenishbek Toktorbayev, is actively promoting the demolition of houses, documenting the process and posting videos online. This causes mixed reactions, from sympathy to indignation. Citizens believe that such large–scale projects should be carried out when the state is financially stable and can provide adequate compensation to all victims,” Egemberdiev said.