The Akaltin district cases appear to fit with a broader
pattern observed in Pop district, Namangan region,
where farmland held by farmers through long-term
leases was confiscated through the use of coercion,
and in some cases fraud. The land is then reallocated
to new operators, including large agro-industrial firms,
involved in the government’s cluster projects.
Indorama Agro was given the opportunity to respond
to the issues raised in farmer testimonies. When asked
what steps were taken by the company to ensure that
the lease terminations were carried out with full, prior
and informed consent of farmers, Indorama replied:
‘The lease were granted to Indorama by the relevant
government bodies as per the prevailing established
procedures through a well-documented process. The
government had followed the terms of the previous
agreement (lease holder with the Government) in
closing that agreement. They also obtained letter
of consent for termination of earlier lease from each
predecessor lease holder. These are documented.’181
The company adds: ‘The lease were granted to
Indorama by the authorised government bodies in
accordance to [sic] the established procedures at
the time of the lease execution. The process of lease
transfer is documented and in accordance with the
established procedure. There has been no violation
of any procedure to the best of our knowledge. We
would also like to state that Indorama Agro have a wellestablished “Grievance Redressal mechanism”, through
which every individual from the communities can reach
us and talk to us, in case of any issues.’
2.5 Conclusion
These five case studies that involve dozens of victims
illustrate the use of illegal measures by the state to
seize real property privately held through different
tenure arrangements. These seizures are not enacted
for public purposes; they are primarily enacted
to facilitate private commercial developments.
Despite the fundamental violation of constitutionally
enshrined rights, victims lack access to meaningful
remedy. Administrative Courts have proven unwilling
to annul illegal decrees, even when the violations
are condemned by oversight bodies including
the Human Rights Ombudsman, the Prosecutor
General’s Office and the Ministry of Justice. Civil
Courts, meanwhile, do not have the jurisdiction to
review illegal decrees and, instead, accept them as
lawful decisions, enabling eviction exercises to take
place once compensation has been paid. Pressure
and coercion is used by the state to force residents
and farmers to accept the loss of their property
and land leases on terms they do not agree with. In
urban cases, real estate developers further pressure
households to accept compensation and leave,
including through the use of litigation. The next
section provides recommendations on how different
stakeholders can effectively respond to these abuses.
A False Sense of Legality 57