%0 Journal Article
%T A Rule of Law Agenda for Central Asia
%A Gerald Staberock
%J Essex Human Rights Review
%D 2005
%I Essex Human Rights Centre
%X The article analyses the state of the rule of law in the five former Soviet Republics of Central Asia.The author sets out the rule of law as a rule of rights contrasted by the lack of checks and balances in theconstitutional, legal and judicial framework. The need for reform includes criminal proceedings andan overhaul of the Soviet-style Prokuratura. Penitentiary reform and attempts to establish humanrights institutions confirm that progress is possible only so long as it is not perceived as a threat topresidential or executive power.The analysis concludes that Central Asia still carries most insignia of the Soviet legal legacy.This is both an expression of the missing democratic transition in the region and an impediment tofuture transition. Political will is required to set an agenda for reform of the rule of law for CentralAsia. Otherwise it risks losing contact with law reforms in other parts of the Commonwealth ofIndependent States as well. A reform agenda should be based on clear benchmarks and politicallyembedded in a strong international process under the leadership of the Organization for Security andCo-operation in Europe (OSCE). While the challenges are similar, the author warns against treatingall Central Asian states identically. The pervasive, systematic and gross human rights violations inTurkmenistan and Uzbekistan require urgent attention by the international community. Finally, theauthor warns against tendencies to compromise human rights in the fight against terrorism and toaccept the security rhetoric of the leaders of the region.
%K rule of law
%K OSCE
%U http://projects.essex.ac.uk/ehrr/V2N1/Staberock.pdf