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ABSTRACT
The article examines the essence of the diaspora phenomenon and its significance. International legal acts on
cooperation with the diaspora are analyzed. Information is presented on the policies, regulations and institutional
structures of foreign countries related to the formation and development of relations with the diaspora. An analysis
of national legislative acts on the development of constant dialogue and cooperation with compatriots abroad was
also carried out. Based on international acts and the experience of foreign countries, the author put forward proposals
and recommendations for the further development of cooperation with compatriots abroad, as well as encouraging
their participation in the reforms ongoing in the country
KEYWORDS
The system of protection, sociology, Ethnology, political science, cultural studies.
INTRODUCTION
The issue of strengthening the system of protection of
the rights of compatriots living abroad, maintaining
and developing relations with them is of urgent
importance all over the world. Globalization and the
development
of
modern
technologies
create
conditions for their active participation in ensuring
sustainable development.
The diaspora is understood as the transnational
community of immigrants who maintain material and
emotional ties with the territory (country) of origin and
at the same time adapt to the limitations and
capabilities of the receiving society. The diaspora was
originally formed as a community that sought to unite
people on the basis of their cultural background
(solidarity, identity). Therefore, the activities of
diasporas are transnational in nature, and its influence
is carried out through transnational mechanisms [1,
127].
Research Article
LEGAL REGULATION AND INSTITUTIONALIZATION OF DIASPORA
POLICY: ANALYSIS OF FOREIGN AND NATIONAL PRACTICES
Submission Date:
February 15, 2024,
Accepted Date:
February 18, 2024,
Published Date:
February 25, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue02-15
Miruktamova Feruza Lutfullayevna
Acting Assistant Professor Of The Department Of International Law And Human Rights Of Tashkent State
University Of Law, Doctor Of Philosophy (PhD) In Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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Despite the fact that the phenomenon of diaspora is
th
e object of many studies, the concept of “diaspora”
still does not have a clear definition and is therefore
interpreted differently by scientists. This is due to the
fact that the diaspora is a complex and diverse
phenomenon in various areas of scientific knowledge-
history, sociology, Ethnology, political science, cultural
studies, etc. it is studied in the fields as an object of
research. This state of affairs itself shows the
inevitability
of
diversity
in
approaches
to
understanding this phenomenon.
In the modern sense, the term diaspora (from the
Greek διασπορά) is understood as part of a people
(ethnic group) living outside their country, forming
cohesive and stable ethnic groups in the settled
country and having social institutions, and as a term is
used from the end of the 20th century [2, 493].
Diasporas exist autonomously and engage in
transnational
interactions.
The
likelihood
of
participation of diasporas in such interaction increases
in some cases, namely: with the unsatisfactory state of
the diaspora in the country of residence; when the
necessary grounds for changing relations between the
host state and the country of origin arise; in the
conditions of a sharp socio-political crisis in the
country. The importance of a particular diaspora will
depend on its national, demographic and other
characteristics. Diasporas achieve their goals at the
global, regional and national level mainly by influencing
public institutions.
State support for compatriots abroad, i.e. diaspora
policy, is intended to play a leading role in
strengthening the internal consolidation of Overseas
Communities and developing their potential to
influence the authorities in the country of residence.
The nature and intensity of the support of the ethnic
community by its state directly determines the success
of its political promotion in the country of residence
and the possibility of creating lobby structures [3, 401].
Today, the following can be distinguished as the
existing large diasporas in the world: Germans
–
about
75 million, Chinese diaspora
–
more than 35 million,
Indians
–
more than 25 million, Russians
–
more than 25
million, Poles
–
21 million, Ukrainian
–
about 12 million,
Armenian
–
about 8 million, Jews
–
about 8 million,
Gypsies
–
about 8 million, Circassians (Adige)
–
more
than 7.5 million, Greeks
–
about 7 million, Turks
–
more
than 6.5 million, Kazakhs
–
more than 3.5 million,
Vietnamese
–
more than 3.5 million, Belarusians
–
about 3.5 million, Azerbaijanis
–
about 2.4 million [4,
64].
Diasporas can probably be said to be a successful result
of the process of Population migration. After migrants
manage to safely join the host state society, a process
of unification (consolidation) of immigrant ethnic
communities
–
diasporas-occurs. Basque, Armenian,
Russian, Palestinian, Israeli, American, Italian, Chinese,
Indian, Lebanese, Cuban, Greek, Turkish, Arab and
Nigerian diasporas may be recognized as communities
that have achieved success and prosperity [5, 155].
Kamelii Tigau believes that immigrants maintain
contact with their historical homeland, and often this
connection turns out to be political or economic. As a
result, a mutually beneficial and effective relationship
is established between the nation of immigrants and
the nation of the country that receives them [6, 26].
General issues of ensuring, protecting and developing
relations with compatriots abroad are based on the
goals and principles of the UN Charter, as well as the
norms of the Universal Declaration of Human Rights,
the International Covenant on Civil and political rights
of 1966, the International Covenant on economic,
social and cultural rights and the International
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Convention on the elimination of all forms of racial
discrimination of; Declaration on the dissemination of
ideas of peace, mutual respect and mutual
understanding between peoples among young people
(1965); declaration on the human rights of persons
who are not citizens of a living country (1985);
Convention on the rights of the Child (1989);
Convention on the protection of the rights of all labor
migrants and their family members (1990);. Declaration
on the rights of persons belonging to minorities on
national or ethnic, religious and linguistic grounds
(1992) is based on the goals and principles.
In addition, a number of international obligations in the
field of ensuring, protecting and developing relations
with compatriots abroad are contained in the
normative acts of regional international organizations
as well, in the European Social Charter of 1961 (article
11), the African Charter of human and peoples ' rights
of 1981 (article 16) and in the Supplementary Protocol
of the American Convention on Human Rights Also
reflected in the scope are the OSCE Helsinki Act of 1975,
the Lund recommendations for the effective
participation of national minorities in public and
political life adopted in 1999, and the Ljubljana
recommendations for the unification of different
societies of 2012.
At the same time, general issues of human
development, including the involvement of diasporas
of compatriots abroad, were reflected in the agenda
for sustainable development in 2030, in the Addis
Ababa Action Program of the third international
conference on development financing.
The international community approved the “Global
agreement on safe, orderly and legal migr
ation” in
Morocco in 2018. The 19th goal of the global treaty is
dedicated to creating conditions for migrants and
diasporas in all countries to contribute fully to
sustainable development.
At the global diaspora summit on 5 April 2022, Future
Agenda of Action for Global Diaspora Engagement
(Dublin declaration) was adopted, which, along with
existing forums and initiatives, stated that it was
advisable to create a global Diaspora Alliance on
political issues developing an inclusive ecosystem of
cooperation between government and scientific
circles, civil society and the private sector to make
diaspora participation a priority. The purpose of this is
to prioritize the creation of interaction with the
diaspora in the development of the policies and
practices of the state of origin and the host states.
In the modern world, support for compatriots abroad
has become an important area of activity of many
governments. In the context of the global activation of
migration processes and increased competition for
human resources, the stimulation of repatriation is
becoming increasingly as a component of migration
policy.
The creation of institutional structures for cooperation
with the diaspora and the development of policies and
mechanisms in the interest of the diaspora are vivid
evidence of the government's commitment to raising
their capital to engage and develop with the diaspora.
A policy analysis formed in this area in foreign countries
shows that they can be conditionally divided into four
main groups:
First model. Integrational model derived from the task
of uniting diasporas as a fundamental element of the
nation (Armenia, Israel, Poland);
The second model is based on the historically
established obligations of the States (Germany
–
more
than 10 million ethnic Germans settled after World War
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II, France received 1 and a half million reemigrants who
returned from there after the war in Algeria,
Kazakhstan
–
managed to return about 1 million
oralmans and managed to change the ethnic
composition of the population in favor of the titular
nation).
The third model is based on the priority of the fight
against population depopulation, the fight against
population decline and aging, the satisfaction of the
need for additional personnel from abroad, while
minimizing risks (Russian Federation, Japan). For
example, Japan tried to repatriate its compatriots and
their descendants, in particular from Latin America,
limiting the immigration of foreigners [7, 62].
The fourth model is typical for countries that focus on
returning compatriots subjected to discrimination and
ethnic cleansing in foreign countries (Pakistan,
Bangladesh, etc.).
Today, more than 60 countries (India, Turkey,
Germany, France, Russia, China, Kazakhstan, Poland,
Belarus, Ukraine, Serbia, Croatia, Japan, Israel, Georgia,
Armenia, Azerbaijan, etc.) is pursuing an effective
institutional diaspora policy, with significant funding
from the budget each year to support diasporas
abroad [3, 403].
An analysis of the experience of countries conducting
effective diaspora policies towards compatriots
abroad shows that in this area a number of countries
have developed long-term targeted strategies and
clear legal framework for their implementation.
Poland is part of a group of European states with a
large national minority outside its borders.
In Poland, the system of main directions and forms of
cultural relations with representatives of their ethnic
group forms a bilateral structure. On the one hand,
these are state bodies. The main role here has long
been played by the Senate and the Sejm, as well as the
Ministry of Foreign Affairs. In Poland, state programs
have been developed to provide assistance to
compatriots. On the other hand, these are various
community organizations and local self-government
bodies [8, 142].
The Pole Card (2007) was passed in Poland not at will,
but to compensate for moral and material damage to
former Polish citizens and their descendants who left
the state as a result of border changes after military
interventions. The law provides for the issuance of a
Pole card to citizens of the CIS and Baltic countries,
whose origin belongs to Poles. This document allows
you to obtain a long-term multiple-entry National visa
for free. The country operates the Department of
cooperation with Polonia within Ministry of Foreign
Affairs of the Republic of Poland, established in 2008,
as the div responsible for working with the Polish
diaspora. The Polish government attaches great
importance to the celebration of World Polonia and the
day of Poles abroad on May 2, at the invitation of the
first World polonium Congress (Warsaw, 2001) [7, 66].
Diaspora infrastructure in France is relatively wider
than in other EU member states. In recent years,
France has participated in a large-scale project to
create a diaspora through various institutions:
ministries, a diplomatic network, advisory and
representative bodies, as well as a parliamentary
representation. In recent years, French political parties
have also significantly increased their participation
abroad.
Responsibility for French citizens living abroad is held
by the Ministry for Europe and Foreign Affairs . French
immigrants can count on the extensive diplomatic
network of France in their country of residence
–
it is
the third largest in the world after the United States
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and China
–
includes 213 consulates and more than 500
diplomatic missions.
France has organized official forums through advisory
bodies held in France or their country of residence to
communicate with compatriots abroad. In 1948, a
formal decree established the High Council for French
Abroad, but in 2004 it was replaced by the Assembly
for French Abroad. Its main task is to prepare
conclusions of a mandatory nature for the French
government on issues related to French citizens
abroad.
As part of its policy of granting suffrage to overseas
citizens,
France
had
established
discrete
representation through reserved seats in the lower
and upper houses of the national parliament. There are
11
geographically
defined
extraterritorial
constituencies for elections to the Lower house
(Assemblée Nationale) based on the overseas
demographic distribution of French citizens (since
2011). In the Upper house (Sénat), 12 seats are reserved
for representatives of overseas citizens, but they are
not geographically defined, as these representatives
are indirectly elected by consular advisers. Through
this practice, France guarantees to represent the
interests of emigrants in its parliamentи [9, 194].
It should be noted that, in order to create a favorable
environment for the diaspora within the framework of
tourism, in some countries, educational trips for young
people, academic exchange programs and show
programs have been adopted that offer VIP tours for
workers and officials who are on a business trip. Such
tourism programs are usually offered through public-
private partnerships and aim to further develop strong
emotional ties with the state of origin.
In particular, according to the Taglit-Birthright
program, since 1999 Israel has invited hundreds of
thousands of Jews from all over the world between the
ages of 18 and 26, or rather, Jews who have never
visited Israel as part of educational programs and have
not lived in Israel for the past 12 years. This 10-day tour
aims to further strengthen their political and ethnic ties
to Israel. Today, Birthright Israel is the largest
educational tourism organization in the world.
In Israel, the Ministry of Jerusalem and Diaspora Affairs
is responsible for the relationship between the state of
Israel and the Jewish diaspora and is considered to be
the government agency that comments on Israel's
policy on the issue of the international arena.
The ministry works in close cooperation with Israeli
embassies and consulates around the world and the
Israeli agency, which provides humanitarian and legal
protection to Israelis Abroad [10, 74].
In a number of foreign countries, in particular,
Azerbaijan, Georgia, Latvia, Russia, Ukraine, the
Republic of Belarus and Kyrgyzstan, the legal status of
compatriots and their United Diasporas is regulated by
a separate law. In particular, in Ukraine since 2004, the
Law “On Ukrainians Abroad” has been in force [11].
Under the Cabinet of Ministers of Ukraine, the National
Commission on issues of Ukrainians abroad operates.
There are about 1000 Ukrainian diaspora organizations
in the world [12, 15].
Azerbaijan was the first state in the region to employ a
policy of attracting diasporas. In 2002, the law “About
the state policy connected with the Azerbaijanians
living abroad” was passed. The pu
rpose of passing the
law is to protect the basic rights and freedoms of
Azerbaijanis living abroad; to strengthen ties between
Azerbaijanis living abroad, state bodies and non-
governmental organizations; to provide Azerbaijanis
living abroad with information about the internal and
foreign policy of Azerbaijan; it consisted in protecting
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and strengthening the independence and sovereignty
of the country, attracting Azerbaijanis living abroad to
its economic, social and cultural development. The
State Committee for work with the Diaspora, a
specialized institution in the country, operates in the
implementation of the policy of attracting the
diaspora. He is responsible for establishing and
supporting relations with the Azerbaijani diaspora and
supporting his efforts to ensure national unity to
Azerbaijanis around the world. The World Congress of
Azerbaijanis is a discussion space for Diaspora activists
who seek to protect the rights and freedoms of their
compatriots, promote the protection and support of
Diaspora interests, and develop strategies for working
with Diaspora youth. One of the main goals of state
support for Diaspora cooperation is to take care of the
work of the pro-Azerbaijani lobby under the leadership
of the diaspora aimed at increasing the role and
importance of Azerbaijan's interests in world and
European politics [13, 7].
With the acquisition of independence, Uzbekistan has
established a course of support and interaction with
compatriots abroad. The declaration of state
sovereignty and the law
“On the foundations of State
independence of the Republic of Uzbekistan”
established the legal framework for the support of
compatriots living abroad.
It is worth noting that there are two different
approaches to the definition of the concept of
“compatriots” in national legislation. In particular, in
accordance with Article 3 of the Law “On citizenship of
the Republic of Uzbekistan”, persons born in the
territory of the Republic of Uzbekistan or who
previously lived in its territory, did not have the
citizenship of the Republic of Uzbekistan, who live
outside the territory of the Republic of Uzbekistan are
recognized as compatriots.
In addition, the law stipulates that the next of kin,
basharti, who are correctly adjacent in the genealogical
genealogy, should be considered as compatriots if
their right-abiding relatives live on the territory of the
Republic of Uzbekistan and are citizens of the Republic
of Uzbekistan.
According to the Decree of the President of the
Republic of Uzbekistan “On additional meas
ures to
strengthen the personal responsibility of heads of
state administration bodies and local executive power
bodies
for
the
effective
organization
of
implementation of acts of legislation”, adopted on
October 25, 2018, the following may be recognized as
compatriots:
Citizens of the Republic of Uzbekistan who are
permanently resident outside the territory of
Uzbekistan or who have been traveling abroad on a
temporary basis due to education, involvement in labor
activities, family reasons and other conditions;
persons and their descendants who went abroad and
received foreign citizenship, felt belonging to their
homeland from a spiritual and cultural point of view
and left Uzbekistan trying to develop cultural-
humanitarian, socio-economic and other ties with the
Republic of Uzbekistan;
foreign citizens and stateless persons residing abroad
who have identified themselves as Uzbeks or
karakalpaks from an ethnic, linguistic and cultural-
historical point of view and want to have
comprehensive contact with Uzbekistan.
It should be noted that in other countries, problems
with refugees and their migration, due to interethnic
conflicts, the topic of diasporas has become the focus
of scientists, unlike them, interest in the life of
diasporas in Uzbekistan began due to an increase in our
people's interest in studying their ethnic roots. From
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the beginning, the national policy based on tolerance,
defined as the basis of state policy, has shown its
positive result in the security of the country and
stability in interethnic relations.
Practical aspects of maintaining and developing
relations with compatriots living abroad were first
regulated in the Decree of the Supreme Council of
Uzbekistan “On measures to strengthen relations with
compatriots abroad”, dated 14 January 1
992, but for a
number of objective and subjective reasons, activities
in this area were suspended.
Since 2017, significant work has been carried out in
Uzbekistan on the development of permanent
dialogue and cooperation with compatriots living
abroad, promoting their participation in the reforms
carried out in our country, promoting the full and
comprehensive realization of their rights and interests.
Based on the relevant sources, it can be said that our
compatriots living abroad today form a large diaspora.
Studies show that they total more than 8 million. Of
these, in Afghanistan-3,843,000 million., In Tajikistan-
1.5 million., In Kyrgyzstan
–
940,000, in Kazakhstan
–
605,137, in Russia
–
489,862, in Turkmenistan
–
500,000, in Pakistan
–
280,000, in Saudi Arabia
–
170,000, in Turkey
–
more than 75,000 in the USA
–
more than 80,00, in Ukraine
–
25,353, in Korea
–
16,800,
in Canada
–
5,000, in Switzerland
–
more than 4,000, in
Latvia
–
2,161, in Belarus
–
1 593, in Australia
–
more than
1000, about a thousand compatriots live in the UAE,
Mongolia, France, Algeria, China, Finland and other
territories. [3, 411]
During the years of independence, about 20 legal acts
were adopted in our republic, regulating the issues of
ensuring the rights of compatriots. During the
constitutional reforms of 2023, Article 23 of the
Constitution of Uzbekistan was supplemented by the
norm establishing the obligation of the state to take
care of the maintenance and development of relations
with compatriots residing abroad in accordance with
the norms of international law.
Various aspects of the topic are regulated in the norms
of the Electoral Code, the Laws “On citizenship of the
Republic of Uzbekistan” and “On legal status of
foreign citizens and stateless persons in the Republic
of
Uzbekistan”.
In April 2018, at the initiative of the Head of state, the
international NGO “Buyuyk kelajak” (“Great Future”)
was founded. The Expert Council of the organization
brings together more than 300 compatriots living in
more than 35 countries, including Russia, USA,
Germany, Great Britain, Belgium, Canada, Denmark,
Switzerland, UAE, Saudi Arabia, people's Republic of
China, Singapore, Japan, Turkey, Kazakhstan, Finland.
In June 2020, the El-yurt umidi Foundation, whose
name literally translates as
‘the Hope of the Nation’
launched an online platform for higher education
institutions, research centres and other organisations
in need of international scientific and practical
cooperation
with
compatriot-fellow
scientists,
experienced experts and researchers living abroad.
In the Decree of the President of the Republic of
Uzbekistan “On measures to implement the strategy
of Uzbekistan
–
2030 in 2023 qualitatively and on time”,
strategic priorities in the field of development of
relations with compatriots of the country were
determined. [14] The strategy “Uzbekistan –
2030” is
reflected in 100 important goals in 5 priority areas. The
94th goal of the strategy is to support compatriots
living abroad, within the framework of the
implementation
of
a
system
of
continuous
communication with them, the following is provided:
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Comprehensive stimulation of the activities of public
associations created by compatriots, and bringing their
number to 300;
Allocation of 200 grants for compatriots abroad
studying at universities in the areas of Uzbek language
and literature, history, culture, art and crafts;
Implementation of 100 projects in the fields of
medicine, education and science with the participation
of compatriots;
Increase by 100 thousand in the number of fiction
publications delivered to public associations of
compatriots.
At the same time, at a time when the importance and
relevance of the development of relations with
compatriots is increasing, the following problems
remain in the country regarding the involvement of
their potential in conducting effective cooperation
with them and qualitatively improving reforms:
target groups of compatriots in the formation of
diaspora policies (businessmen, political and public
figures, representatives of the creative class, scientists,
cultural figures, athletes, etc.) differentiation
(differentiation) non-realization;
lack of rational use of the potential of compatriots in
the implementation of economic, social, investment,
scientific, educational, cultural and other priority
projects and programs;
insufficient use of the possibilities of Public Diplomacy;
not all strategic and sectoral documents define
diaspora as a development partner;
the inadequacy of modern case studies on the study of
existing diasporas in different countries of the world,
etc.
From the above analyzes, in the implementation of
diaspora policies in Uzbekistan in relation to
compatriots abroad, it is advisable to set the following
tasks:
first of all, the implementation of the diaspora map in
order to get a clear idea of the size of the Diaspora,
place of residence, field of work, skills and interests;
Implementation of the current policy, institutional
structures and organizations (including NGOs), as well
as the analysis and evaluation of state programs on the
involvement of compatriots in projects carried out in
Uzbekistan;
marking the diaspora as a development partner in all
documents of the state planning system, ensuring the
accounting of the contribution of the diaspora to the
Republic of Uzbekistan;
conducting scientific research on the study of existing
diasporas in different countries of the world;
attracting highly qualified Uzbeks living abroad to the
implementation of local projects;
it is necessary to consider the possibility of introducing
and celebrating the “Day of compatriots”in the
country. Citizens, as well as active members of the
diaspora, can be awarded at the state level for
outstanding services to the diaspora within the
framework of this event, which is important in
providing information surveillance of Diaspora Policy
and encourages individuals who are actively involved in
multilateral cooperation activities in attracting the
diaspora to the development of the country.
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P
AGES
:
88-97
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Promoting diaspora issues in the media on a systematic
basis.
It is advisable to pass the law of the Republic of
Uzbekistan “On state policy for the support of Uz
beks
abroad”. The law should unify the concept of
compatriots and establish the goals and principles of
state policy in relation to compatriots living abroad,
issues related to citizenship of compatriots living
abroad, priority goals of the state's economic, social,
cultural, language and educational policy in the field.
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%D0%B5_%D1%84%D0%BE%D1%80%D0%BC%D1%8
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VOLUME
04
ISSUE
02
P
AGES
:
88-97
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Cham. https://doi.org/10.1007/978-3-030-51245-
3_11
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Закон Украины “О зарубежных украинцах”
https://base.spinform.ru/show_doc.fwx?rgn=9
419
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Анализ и рекомендации (включая гендерный
аспект) в отношении соответствующей
политики и институтов для взаимодействия с
диаспорой в Казахстане создан при
финансовой поддержке Фонда развития
Международной организации по миграции
(IDF)
//
https://kazakhstan.iom.int/sites/g/files/tmzbdl1
586/files/documents/%D0%90%D0%BD%D0%B0%
D0%BB%D0%B8%D0%B7%20%D0%B8%20%D1%80%
D0%B5%D0%BA%D0%BE%D0%BC%D0%B5%D0%BD
%D0%B4%D0%B0%D1%86%D0%B8%D0%B8..._RUS
_print_0.pdf
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Титтель
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Моссер, Ф. (2021) Взаимодействие с
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EUDiF
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https://diasporafordevelopment.eu/wp-
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Overview_EECA_RU-v.2.pdf
14.
Ўзбекистон Республикаси Президентининг
2023 йил 11 сентябрдаги “Ўзбекистон —
2030» стратегияси тў
ғ
рисида”ги
ПФ
-158-
сон
Фармони
// https://lex.uz/docs/6600413.
