This page summarizes cases raised with Kyrgyzstan by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Kyrgyzstan.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Kyrgyzstan, English).
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Observations
The Special Rapporteur thanks the Government of the Kyrgyz Republic for its reply to his communication. He notes with interest the points made in this reply, in particular the reported cooperation with civil society in relation to the public debate surrounding the proposed legal amendments. He stands ready to provide technical assistance to ensure that the legal amendments comply with international human rights norms and standards governing freedom of association.
In this context, the Special Rapporteur hopes to be able to conduct an official visit to the Kyrgyz Republic soon.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Kyrgyzstan for its reply to the communication sent on 6 May 2014, indicating that the objective of the Bill “On introducing additions and changes to certain legislative acts in the Kyrgyz Republic” are to ensure safety and protection of, inter alia, the traditional family (KGZ 1/2014). However, he regrets that the authorities have not replied to the communication on 23 September 2014 and urges them to provide a detailed response to the questions raised in his letter (KGZ 5/2014), in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Draft law “On introducing additions and changes to certain legislative acts in the Kyrgyz Republic”
The Special Rapporteur reiterated his concern that the draft law “On introducing additions and changes to certain legislative acts in the Kyrgyz Republic” may arbitrarily restrict the right to freedom of association and obstruct the legitimate work of several organizations that carry out human rights activities and provide essential humanitarian, cultural and social services in the country (KGZ 5/2014). Article 1 of this draft, which aims to amend three existing laws, introduces an additional obligation for non-commercial organizations established in Kyrgystan, involved in “political activities” and receiving funding from foreign sources, to register as a “foreign agent” and is vague in its definition of political activities. That article further grants the Ministry of Justice the power to conduct, inter alia, scheduled and unscheduled inspections of the concerned organizations, request and check any internal documents, and to suspend their activity for up to 6 months without waiting for a court decision, in case an organization fails to file an application for inclusion in the register of non-commercial organizations acting as a “foreign agent”.
The Special Rapporteur recalls that any association “should have the right to seek and secure funding and resource from domestic, foreign, and international entities” (A/HRC/20/27 para. 68). The Special Rapporteur reminds the State that it has an obligation not to obstruct the exercise of the right to freedom of association. This responsibility includes guaranteeing that both registered and unregistered associations can seek and secure funding and resources without discrimination (A/HRC/20/27, paragraphs 64 and 68). Moreover, he notes that the requirement to organizations register a “foreign agents” could stigmatize civil society organizations and human rights defenders, as well as deter them from seeking resources to undertake their activities. The Special Rapporteur reminds the Government of its obligation to ensure that civil society, including human rights defenders, in Kyrgyzstan can carry out their legitimate work free from undue restrictions.
Draft Bill “On the formation of a positive attitude toward non-traditional forms of sexual relations”
The Special Rapporteur takes note of the Government’s reply on 21 April 2015 and expresses his grave concern about the draft Bill “On the formation of a positive attitude toward non-traditional forms of sexual relations” and the discriminatory consequences and negative impacts it could have on the peaceful and legitimate work of human rights defenders (KGZ 1/2014). This Bill would amend several pieces of legislation, including the Law on Peaceful Assembly, and introduce a range of criminal and administrative sanctions on persons contributing towards the creation of “a positive attitude toward non-traditional sexual orientation.” The Special Rapporteur reiterates his concern at the detrimental effect of the Bill on the peaceful and legitimate work of human rights defenders in Kyrgyzstan who are working to protect and promote the rights of the LGBTI community. He reminds the States of its obligation to safeguard the human rights of LGBTI people is well established in international human rights law based on Universal Declaration of Human Rights, which, in article 1, unequivocally reads: “All human beings are born free and equal in dignity and rights.” (A/HRC/26/29, paragraph 20). He also recalls the concerns raised by the Human Rights Committee regarding reports of violence against LGBTI people by both State and non-State actors, and the failure of the authorities to address such violence in violation of the rights to non-discrimination and equality set forth in the International Covenant on Civil and Political Rights, acceded by Kyrgyzstan on 4 October 1994 (CCPR/C/KGZ/CO/C, paragraph 9).
The Special Rapporteur reiterates that general laws governing assemblies may have a disproportionate impact on certain groups and some of the most prominent examples include “public morality” laws that have been used against those promoting LGBTI rights (A/HRC/26/29, paragraphs 29, 30 and 31). He denounces regulations and practices designed to silence, intimidate and harass those who promote the human rights of LGBTI people through public assemblies and seeks to know what measures have been taken to ensure that human rights defenders, including civil society and activists and particularly those working on LGBTI issues, can operate in a safe and enabling environment, and can carry out their legitimate activities without fear of harassment, stigmatization or criminalization of any kind.
Country visits
The Special Rapporteur hopes to be able to honour the invitation of the Government of Kyrgyzstan to conduct an official visit to the country in the near future, within the framework of his pre-existing mandated activities, and reiterates his appreciation to the Government for its collaboration in relation to this request.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Kyrgyz Republic for its replies and urges it to respond to the grave allegations contained in the letters sent on 30 July 2015 (KGZ 2/2015) and 22 December 2015 (KGZ 4/2015), as soon as possible.
He recalls the importance of responding to his communications as part of the Government’s cooperation with his mandate, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
Draft Law on Introducing Amendments and Changes to Some Legislative Acts of the Kyrgyz Republic (“Foreign agents” Law)
The Special Rapporteur once again reiterates his concern that the draft Law on Introducing Amendments and Changes to Some Legislative Acts of the Kyrgyz Republic (“Foreign agents” Law) may arbitrarily restrict the right to freedom of association and obstruct the legitimate work of organisations, including human rights organisations, in the country (KGZ 2/2015). He regrets that the draft “foreign agents” Law was passed by the parliament in the preliminary reading in early June 2015, despite widespread criticism.
The draft law requires non-commercial, non-governmental organisations involved in “political activities” and receiving funds by foreign sources to register as “foreign agents”. It permits further control of NGOs and civil society organisations, including human rights organisations, in the country and criminalises NGOs deemed to “incite citizens to refuse to fulfil their civic duties” with a sentence of up to three years imprisonment. The Special Rapporteur expresses grave concern about the potential impact of the law on civil society, including human rights organisations.
Draft Bill on the formation of a positive attitude toward non-traditional forms of sexual relations
The Special Rapporteur reiterates his grave concerns regarding the draft Bill on the formation of a positive attitude toward non-traditional forms of sexual relations and regrets that the Kyrgyz Government has not responded to the communication sent on 30 July 2015 (KGZ 2/2015). The draft Bill may have discriminatory consequences and negative impacts it could have on the peaceful and legitimate work of human rights defenders. The Bill would amend several pieces of legislation, including the Law on Peaceful Assembly, and introduce a range of criminal and administrative sanctions on persons contributing towards the creation of “a positive attitude toward non-traditional sexual orientation.”
The Special Rapporteur reiterates his concern at the detrimental effect of the Bill on the peaceful and legitimate work of human rights defenders in the Kyrgyz Republic who are working to protect and promote the rights of the LGBTI community. He reminds the Government of the Kyrgyz Republic of its obligation to safeguard the human rights of LGBTI people in accordance with international human rights law based on Universal Declaration of Human Rights, which, in article 1, unequivocally reads: “All human beings are born free and equal in dignity and rights” (A/HRC/26/29, para. 20). He reminds the Government of the Kyrgyz Republic of the Committee on the Elimination of Discrimination Against Women recommendation, which urges the State to ensure the draft Bill is not adopted (CEDAW/C/KGZ/CO/4, para. 10(a)), as well as the reports of the Human Rights Committee regarding violence perpetrated against LGBTI people and a failure to address such violence (CCPR/C/KGZ/CO/C, para. 9).
The Special Rapporteur reiterates his grave concerns about the increased targeting of human rights defenders and civil society organisations, by both State and non-State actors, in the Kyrgyz Republic. In particular, he refers to the case of three human rights defenders, Mr. Dimitry Kabak, Mr. Khusanbay Saliev and Mr. Valerian Vakhitov, and several human rights organisations; the Human Rights Advocacy Centre, Labrys and Human Rights Watch (KGZ 2/2015). He regrets that the Government has not responded to the communication sent. He reiterates his grave concerns about the increased level of harassment against civil society and human rights defenders in the country.
The Special Rapporteur reminds the Government of the Kyrgyz Republic of its obligation “to respect and fully protect the rights of all individuals to… associate freely, online as well as offline… including human rights defenders… seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law (A/HRC/RES/24/5, operative para. 2).
In connection with the case of Ms. Mihra Rittmann, the Director of Human Rights Watch’s Bishkek Office, the Special Rapporteur regrets that he has not received a response from the Government of the Kyrgyz Republic (KGZ 4/2015). The case concerns a refusal-of-entry order imposed on Ms. Rittmann for her human rights work, including at Human Rights Watch. The Special Rapporteur calls on the Government of the Kyrgyz Republic to respond to the Joint Allegation Letter sent on 22 December 2015 and in addition requests further information on whether Ms. Rittmann has subsequently been granted access to the country.
In relation to the case of religious minority groups, the Elchilik Jiyini Church and Jehovah’s Witnesses, the Special Rapporteur acknowledges the reply of the Government of 18 January 2016 (KGZ 3/2015). He requests the Government to provide additional information about any investigations or inquiries conducted regarding the criminal prosecutions against Jehovah’s Witnesses or their associations, as well as information on developments in ongoing cases. The Special Rapporteur reminds the Government that minority groups, such as religious groups, are persons most at risk of discrimination, unequal treatment and harassment in the context of the exercise of the right to freedom of peaceful assembly and association (A/HRC/26/29).
He recalls that the term “association” denotes “any groups of individuals or any legal entities brought together in order to collectively act, express, promote, pursue or defend a field of common interests” and that the term refers to, among others, “civil society organizations, clubs, cooperatives, NGOs, religious associations, political parties, trade unions, foundations or even online associations” (A/HRC/20/27, paras. 51 and 52). He urges the Government to recognize that the rights to both freedom of peaceful assembly and association play a significant role in the development and survival of meaningful democratic systems since they allow for an environment where minority or dissenting views or beliefs are respected and enable dialogue, pluralism, tolerance and broadmindedness.
The Special Rapporteur takes this opportunity to remind the Government of the Kyrgyz Republic of its positive obligation to ensure to promote a safe and enabling environment for individuals and groups to exercise their rights to freedom of peaceful assembly, of expression and of association, recalls that all States have the responsibility in all circumstances, to promote, respect and protect human rights and to prevent human rights violations, including extrajudicial, summary or arbitrary executions, arbitrary arrest and detention, enforced disappearances, torture and other cruel, inhuman or degrading treatment or punishment, and sexual violence (A/HRC/RES/31/37, para. 1).
Country visit
The Special Rapporteur thanks again the Government of the Kyrgyz Republic for its invitation to conduct an official visit to the country.
Observations
Response to communication
The Special Rapporteur regrets that he has not yet received a response to his communication sent on 30 May 2016 and reminds the Government of the Kyrgyz Republic that he considers responses to his communications as an important part of the cooperation of Governments with his mandate.
In the case of telephone threats against human rights lawyer Mr. Sardorbek Abdukhalilov, he reiterates his concerns that the threats received by Mr Abdukhalilov appear to be directly related to his activities as human rights lawyer, and in particular to the legal complaint submitted before the Jalal-Abad city court to recognize that the conditions in the temporary detention facility of the Jalal-Abad city police department are discriminatory on the basis of gender and constitute inhuman or degrading treatment. The Special Rapporteur urges the Government of the Kyrgyz Republic to take all necessary measures to ensure the physical integrity of Mr. Abdukhalilov and also to ensure that human rights defenders are able to carry out their legitimate activities without threats and retaliation of any kind. The Special Rapporteur also urges the Government to carry out investigations into the threats and to ensure that the perpetrators are brought to justice.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
