{"id":1684,"date":"2025-04-03T11:07:19","date_gmt":"2025-04-03T06:07:19","guid":{"rendered":"https:\/\/housing-uz.info\/ru\/?p=1684"},"modified":"2025-04-03T19:11:44","modified_gmt":"2025-04-03T14:11:44","slug":"samarkand-evictions-in-the-unesco-protected-area","status":"publish","type":"post","link":"https:\/\/housing-uz.info\/ru\/en\/1684\/","title":{"rendered":"Samarkand: Evictions in the UNESCO protected area?"},"content":{"rendered":"

This year, according to the Decree of the President of the Republic of Uzbekistan dated March 14, 2025, Uzbekistan will widely celebrate the 1155th anniversary of Imam Abu Mansur al-Maturidi al-Samarkandi, a medieval Islamic thinker who had a significant influence on the development of Sunni theology, especially among the followers of the Hanafi madhhab. He was born and lived in Samarkand. Al Moturidi’s mausoleum is located near the famous Chokardiz cemetery, where many prominent figures and scholars of the past centuries are buried.<\/p>\n

\u00a0<\/b><\/strong>March 20, 2025, the \u00a0Council of People’s Deputies of Samarkand region, issued the Resolution VII-9-39-7-0-K\/25\u00a0approving the \u201c\u00a0Presentation on withdrawal of land plot for public needs and on authorization and open discussion with owners<\/b><\/strong>\u201d<\/b><\/strong><\/p>\n

The Council of People’s Deputies of Samarkand region\u00a0said it was guided by some \u201cspecial\u201d \u00a0resolution of the Cabinet of Ministers dated February 25, 2025<\/p>\n

The Regional Council approved some prezentation materials without announcing their author. This \u201cprezentation\u201d suggests withdrawal of land for public needs from the owners of 220 residential and non-residential objects in the territory adjacent to the Chokardiza cemetery in Samarkand city, in connection with the reconstruction of Imam Moturudi complex, and from the owners of 5 residential and non-residential objects in Dahbed settlement of Akdarya district, in connection with the reconstruction of Makhdumi Azam complex, taking into account the improvement of both territories and infrastructure and construction of a large pilgrimage center.<\/p>\n

The Regional Council, saying to be based on the requirements of the Law \u201cOn procedures of withdrawal of land plots for public needs with compensation\u201d, authorized local authorities to hold an open discussion with the owners located in the respective territories.<\/p>\n

The department of regional khokimiyat on coordination of land plot withdrawal and compensation is entrusted to publish this decision on the official website of khokimiyat and in mass media.<\/p>\n

The Annex No. 1 to the resolution of the Samarkand Regional Council of People’s Deputies No. VII-9-39-7-0-K\/25 dated March 20, 2025 presented the LIST of addresses of residential and non-residential objects envisaging resettlement for public needs, on the territories of which it is planned to create a large Pilgrimage Center.<\/p>\n

This document also includes two sites from the list of Cultural Heritage of Uzbekistan: the mosque Faqih Abu Lays and Chilla Mozor ziyoratgohi. Their fate is unclear.<\/p>\n

This area is under the protection of UNESCO.<\/p>\n

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Credit by Diora Rafieva<\/p><\/div>\n

Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 119 of 03.03.2021. \u201cOn measures to strengthen the protection of tangible cultural heritage sites and territories inscribed on the UNESCO World Heritage Lis<\/a>t\u201d, states that the territories of Uzbekistan inscrided in the UNESCO World Heritage List are specially protected historical and cultural territories, and the projects of planned construction and improvement works in them must be carried out with the mandatory approval of the Agency and the UNESCO World Heritage Center<\/p>\n

Article 30 of the Law of the Republic of Uzbekistan \u201cOn the Protection and Use of Cultural Heritage Sites<\/a>\u201d states as following:<\/p>\n

A historical and cultural reserve is a territory or part of a landmark territory with monuments and ensembles located within its boundaries, on which a special regime is established to ensure the preservation of objects of tangible cultural heritage in unity with the historical environment surrounding them, the territorial integrity of the historical and cultural reserve, as well as the regulation of construction and economic activities within the boundaries of this territory.<\/span><\/p>\n

If museums are established on the objects of tangible cultural heritage that are part of the historical and cultural reserve and the natural landscape associated with them, as well as if it is necessary to restore traditional economic and other activities on the territory of the historical and cultural reserve, the historical and cultural reserve is a museum-reserve.<\/span><\/p>\n

\u201cA 1,500-seat mosque, a conference hall, a scientific center, a parking lot, catering outlets, and hotels will be erected here,\u201d the Samarkand Vestnik<\/a> newspaper reported.<\/p>\n

The current mausoleum of Imam Fl-Maturidi was erected in 2000 on the initiative of the previous President of Uzbekistan I.A.Karimov. Since then, the facade has been restored three times.<\/p>\n

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https:\/\/sv.zarnews.uz\/post\/predstavlen-nove-proekt<\/p><\/div>\n

Residents of Samarkand note that the Resolution of the Regional Council disregards heritage protection laws, failing to reference them either de jure or de facto. Moreover, it selectively applies provisions that allow for evictions in cases of public need. The decision is reportedly based on a \u201cspecial order of the Cabinet of Ministers,\u201d but no registration number is provided, and the order itself remains unpublished.<\/p>\n

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Diora Rafieva <\/span><\/strong><\/a><\/span><\/span>, a lawyer from Samarkand, announced on the Facebook account to have \u00a0submitted the official request to the Ministry of Justice with the following questions:<\/p>\n

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 <\/p>\n

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  1. Providing the copy of the \u201cSpecial Resolution of the Cabinet of the Ministers of the Republic of Uzbekistan from February 25, 2025;<\/li>\n
  2. What normative legal acts, regulations, instructions, guidelines regulate \u201cspecial resolutions\u201d of the Cabinet of Ministers?<\/li>\n
  3. Did the \u201cspecial resolution\u201d of the Cabinet of Ministers of 25.05.2025 undergo state registration by the Ministry of Justice?<\/li>\n
  4. Did the draft official document undergo mandatory legal and anti-corruption expertise?<\/li>\n
  5. Was there a public discussion of the draft of this act?<\/li>\n
  6. Has this official document been published?<\/li>\n
  7. Is the above document a normative legal act?<\/li>\n<\/ol>\n

     <\/p>\n

    \"\"Lawyer from Tashkent, Guljakhon Amanova<\/span><\/strong><\/a><\/span><\/span>, points out that this decision is completely contrary to international law. Below is her statement in a social media discussion<\/p>\n

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     <\/p>\n

     <\/p>\n

    \u201cEviction of citizens, land seizure and demolition, under the pretext of \u201cpublic needs\u201d on the basis of a \u201cspecial decision\u201d of the Cabinet of Ministers is illegal because it violates national legislation, international obligations of the Republic of Uzbekistan and fundamental principles of protection of the right to housing:<\/p>\n