Other residents in the affected area echo Tashpulatov’s
view, arguing that they have been pressured to leave
and are not satisfied with the proposed compensation.87
In the latter respect, it is important to recognise
the difference between the value of a property to a
homeowner and the market value of a property. For
residents, a home represents memories, community
connections, personal security, job security, access
to services, access to friends and family – in addition
to being a financial asset. On the other hand, the
compensation paid for compulsorily acquired homes
is ostensibly based on market value, which does not
price in these factors of significant value to impacted
residents. While residents contest that compensation
is fairly determined even by market standards, it needs
also to be underlined that market standards fail to
recognise the full loss experienced by impacted
residents.
In the case of the Nur residential complex, the authors
were able to identify a source of finance used by Steel
Quality Business to fund the project, a fact that is
ordinarily not disclosed by developers or banks. This
provided an opportunity to assess how institutions
involved in the financing of property developments
assess risks associated with forced evictions.
The role of financial institutions
The Nur complex has received financing from Ipak
Yuli Bank (IYB), which raises additional governance
questions. The loan capital was provided to Steel
Quality Business for the Nur complex project. It has
been noted already that two individuals (Husanov and
Sakenov) who have directly or indirectly held shares in
Steel Quality Business also have ties to Alfa Invest and
Zamon Plus Sarmoya. Both companies, in turn, have
held significant shareholdings in IYB.
Furthermore, when Steel Quality Business’ record
was first checked in 2020, its registered address was
the same as Alfa Insurance, a subsidiary of Alfa Invest
Insurance, a company that has held shares in IYB.
This provided evidence to indicate that there were
direct ties between the developer and the bank’s
shareholders.
Other shareholders in IYB include a number of
international investors, notably the Asian Development
Bank (ADB) and the German development bank,
Deutsche Investitions- und Entwicklungsgesellschaft
(DEG).
A series of questions were sent to the ADB and DEG by
the authors regarding the finance of Nur complex.
In response to these questions, the ADB stated:
‘We were informed by Ipak Yuli Bank (“IYB” or “the
Bank”) that in September 2020, the Bank provided a
loan to Steel Quality Business for the construction of
multi-story apartment buildings within the Stage 1
(Block A) of the NUR Project (Namuna Development)
(the “Loan”).’88
The ADB also advised: ‘IYB confirmed to us that prior to
the approval of the Loan, IYB screened it against ADB’s
prohibited investment activities list, and categorized
the project in line with its environmental and social
management system (ESMS) … We were informed by
IYB that they undertook due diligence and confirmed
that former residents of Block A were compensated by
Steel Quality Business in 2020. IYB further confirmed
that they did not receive any information about any
disputes regarding the part of the NUR project which
was financed by the Bank. In September 2022, Steel
Quality Business repaid the Loan.’89
89.
Personal communication, Joseph Bergin, Head
of Equity Investment, Asian Development
Bank, 26 October 2022.
A False Sense of Legality 31