Kyrgyzstan has amended a range of laws that ensure simplified order of receiving weapons by civilian population residing in border areas and voluntary mobilisation. According to experts, it means the recognition of the state of its inability to protect its borders.
The latest conflict in the border of Kyrgyzstan and Tajikistan that took place in September 2022 and turned into the armed clashes raised again the issue of arming of residents of border areas of Kyrgyzstan.
One month after the border events, October 20, the national parliament adopted amendments to a range of laws on the country’s defence capability in three readings.
As to the latest amendments to the laws, they simplify the order of getting the permit for purchasing and bearing hunting rifles for residents of border areas of Kyrgyzstan. They need neither experience of using rifles, nor membership in hunting organisations.
Moreover, the new term is introduced to the law “On mobilisation” – volunteer detachments, and voluntary mobilisation is envisaged. It means that any citizen of Kyrgyzstan who is above 18 years old may volunteer to register for military service and protect their motherland.
President has now expanded powers to announce mobilisation. Now he does not need to agree it with the parliament, he can make the decision on his own, and no martial law needs to be declared. The head of state also has powers to lead mobilisation.
Another change is that during mobilisation residents must hand over their personal vehicles and property to the military upon request. Previously, it was possible only in case of martial law.
Moreover, new amendments remove a range of requirements to get the status of border envoy, including clean record and military background, and expand their rights.
Who are border envoys?
The law that permitted to involve civilians to protection of borders during emergencies was first passed with President Almazbek Atambaev on March 3, 2015. The newly appeared term “border envoys” means nationals of Kyrgyzstan residing or working in border areas and having military background.
In the initial version, they could only provide feasible assistance and give information to border guards. Later on, in September 2021, the law was amended and required that Kyrgyzstanis with this status should undergo military training twice a year and have the right to possess a firearm. But they could store their firearms only in military units and take it only when necessary.
New amendments to the law “On border envoys” remove a range of requirements, which apply to all those who want to get this status. Previously, the requirements were military background, no criminal record certificate, domicile or work in border areas. Now, it is enough to hold a Kyrgyz passport, provide a certificate of no psychic disorders, and take 14-day training.
According to the background statement to the draft law, such amendments are necessary to give an opportunity to “patriotic citizens” to take part in protection of the territorial integrity of Kyrgyzstan.
However, Chinara Esengul, political analyst and expert in security, said that simplified access to firearms to the unprofessional category of people could lead to deplorable consequences.
“It is not enough to carry out a few weeks of training to teach people how to use weapons. And how can we guarantee that a person would use it only when required?” she said.
According to her, the culture of civil defence should be improved instead of arming the population.
“They certainly justify it by saying that […] people need to have particular background, the so-called civil defence, which used to be back in the Soviet period. But it doesn’t mean that population should be armed. The culture of civil defence should be improved – where to go, where not to go, what to do when the public warning siren sounds?” Esengul said.
According to Khaitali Aikynov, conflict resolution specialist based in Batken, involvement of local residents to border protection may be an effective measure, they could be convened promptly and they know the terrain.
“If we provide the people with arms, they can protect themselves until the military forces arrive. However, arms should not be given to everyone. We need to register those fit for duty, train and prepare them. They should be instructed on what to do in the first hour after the incident, in the second hour. Only after the training, they can be given arms. They must have their own squad. Their purpose is self-defence,” he said.
Protect oneself and one’s family?
Anvar Asanbaev, civil activist and peacebuilder of Batken district, Batken region, witnessed the September clashes with Tajikistan. According to him, during those days he wished he had arms to protect himself and his family. it was not only him who had such thoughts.
According to him, there are risks that handing over weapons to ordinary residents may lead to even more tragic consequences.
“As a person who has survived in many conflicts I can surely say that providing arms to the border area residents would aggravate the situation and the consequences may be deplorable,” the activist said.
According to Politklinika with reference to the Border Service of Kyrgyzstan, since 2010 the country had 363 border conflicts registered with all neighbours – Tajikistan, Uzbekistan, China and Kazakhstan.
The number of such incidents declines, almost four times on the average. But they become more bloody and the number of victims increases. Over 100 people died, both military and average citizens, from both sides during the last conflict between Tajikistan and Kyrgyzstan in September 14-17, 2022.
Failure of the state
Meanwhile, deputy Ulan Bakasov has drafted the amendment to the law “On assigning a special status to particular border areas of the Kyrgyz Republic and their development” in addition to the already parliament-adopted package of amendments. Particular areas of Batken, Osh and Dzhalal-Abad regions have this status now. The legislator offers to permit the residents of these regions who are older than 20 to store and bear arms, and to use it to protect their life, health and property.
It is provided that persons who are permitted to use weapons must pass training and test for their knowledge of gun safety rules.
The instrument has passed the stage of public discussions, but has not been reviewed by the parliament yet.
In Tajikistan, such measures of Kyrgyzstan raise fears. So far, no formal messages about arming the Kyrgyzstanis in border regions have been made. However, some media make publications, where they say about “the unwillingness and lack of interest” of some Kyrgyz politicians in peaceful resolution of conflicts due to already approved and upcoming amendments. And the government newspaper “Dzhumkhuriyat” wrote that “this initiative can give rise to new conflicts and new bloodshed”.
According to security expert Chinara Esengul, Tajikistan most probably has drawn conclusions.
“I think, they already take counter measures. But due to the fact that the country has always been more closed, it does not particularly advertise its actions and everything that becomes available to the public information space is under strict control of the regime. Therefore, I don’t think we would ever know their conclusions, but we would learn about them when a conflict occurs,” the expert said.
She said that the decision of the authorities of Kyrgyzstan to simplify access of people living in border areas to weapons shows inability of the state to protect its borders.
In theory, if all services worked, the population would have minimum information and training. But now they say, “Guys, go arm yourselves. You can take the arms and protect yourselves.” For me, it is a total failure of military and defence governance. This is the inability of the state and shifting responsibility to citizens.
According to her, authorities of the country need to think first about improving the defence of the state. In the time of inter-state conflicts, when mortars and heavy armament are used, shotguns would make no difference.
“For me, this is flirting with the people. It’s a kind of, if you want the weapons, here you are. Meanwhile, our defence capability does not improve. I think, such issues must be discussed openly. Unfortunately, this is very bad news,” Esengul said.