Illegal geographies of the state: the legalisation of a “squatter” settlement in Bishkek, Kyrgyzstan

Abstract

Purpose – This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper argues that studies on law and geography should consider the broader processes of state “law making” to understand the production of illegal space. Design/methodology/approach – The liminal boundary of illegal/legal and its relation with the state is developed through a case study on the legalisation process of a “squatter” settlement located on the outskirts of Bishkek, the capital of Kyrgyzstan. The paper draws on primary qualitative research (semi-structured interviews) and legal analysis undertaken in Kyrgyzstan at various times over seven months between 2011 and 2013. Findings – Examining law as static and pre-existing is problematic in developing an understanding of the production of illegal and legal spaces within the built environment. An emphasis on law-making and the process of legalisation draws attention to the different groups, practices and policies involved and reframes the relation between the state and legality. Originality/value – Using a case study anchoring the analysis within law’s constitutive and contested presence within the built environment, the paper addresses a theoretical and empirical panacea in legal geography by unpacking the “legal” with reference to its plurality internally within the state. Moreover, studies on law and geography have tended to focus on European or North American contexts, whereas this paper draws on data from Central Asia.

Justice, power and informal settlements: Understanding the juridical view of property rights in Central Asia

“…While the populist government tried to strengthen its authority by officially recognising some informal settlements (Hatcher, 2015), Emil insisted that the courts had a duty to protect the property owners, whose rights had been violated by the illegal settlers. Several judges believed that the government’s populist strategy was short-sighted and harmful to society.…”

“…Before the presidential election in October 2011, the candidate Atambayev visited one of the largest informal settlements in Bishkek, and he promised to improve the living conditions (Hatcher, 2015). Atambayev won the election, and he secured funds from the federal budget to upgrade public services at the settlement by the end of 2011.…”

“…In Kyrgyzstan and Kazakhstan, local authorities have been reluctant to evict poor illegal settlers for fear of social and political unrest (Sanghera et al, 2012). Over time the authorities have regularised some informal settlements by upgrading public services and integrating them into the urban planning (Hatcher, 2015; Yessenova, 2010). While most low-income settlers have de facto tenure security, many of them seek de jure security and formal rights.…”

Urban spaces and lifestyles in Central Asia and beyond: an introduction

“…Schröder (this volume) points to some of the everyday challenges in place-making within such novostroiki, which aside from facing cultural stigmatizations as 'wild' rurals is also a struggle for basic civic rights and for connection to urban infrastructure such as energy or transport systems. This situation becomes even more complicated if a new settlement is considered 'illegal', which for residents may prevent access to social services, health care and education due to their lack of an official residence permit (propiska; see also Hatcher 2015).…”

Urban Sprawl in Central Asia. Comparing the Development of the Suburbs of Bishkek, Ulaanbaatar, Ulan-Ude

“…After analyzing situation in the cities of the Central Asia, we found that, despite significant economic and socio-demographic differences, the agglomerations of the region are going through a similar process of the chaotic growth of the city and the absorption of suburban settlements. Moreover, unlike the unauthorized development of the suburbs of Africa, South America and Asia, the development of the suburbs of Central Asia tends to be legalized as a result of electoral processes and inconsistent city management [Breslavsky 2017;Diener 2013;Hatcher 2015] The architectural appearance of cities gains new shapes. The cities of Central Asia give impression of a big village.…”