At a Crossroads: Shrink or Widen the Scene for Human Rights Defenders

Bishkek-Geneva-Paris,June 8, 2016 - Kyrgyz authorities mustreject all bills that could shrink the space for human rights in the countryand should create a safe and favourable environment for human rights defenders,declared the Observatory for the Protection of Human Rights Defenders (a jointFIDH-OMCT partnership) today in Bishkek while presenting its latest report onKyrgyzstan.

The report, entitled “Kyrgyzstanat a crossroads: shrink or widen the scene for human rights defenders”,follows an international fact-finding mission carried out in September 2015 onthe situation of human rights defenders in the country. It presents concreteexamples of increasing pressure faced by human rights defenders over the pastfew years, from both State officials and nationalistgroups. Theforms of harassment they are subjected to include illegal searches of theiroffices, surveillance and intimidation by intelligence services, threat to(mis)use criminal provisions on fighting extremism, physical attacks and smearcampaigns in the media.

The report analyses theambivalent context for the defence of human rights in Kyrgyzstan. Indeed,several State representatives met during the mission have acknowledged the legitimate, necessary and positiverole of human rights defenders in society and affirmed their clearwillingness to improve the human rights situation in the country, but somerecent official statements and legislative initiatives seem rathercontradictory.

While it salutes theParliament's recent decision to reject a discriminatory bill targeting NGOs,drafted in conformity with the infamous Russian “foreign agents” law, theObservatory regrets that it has created an atmosphere of distrust and animosity towards civil society,in particular human rights defenders.

The report furtherdenounces, amongst others, the draft law banning the so-called “promotion ofnon-traditional sexual relationships”, which is still under discussion in theKyrgyz Parliament. If adopted, it would penalise by up to one year in prisonany public statement, assembly or public action in favour of equality and therights of sexual minorities, thus severely restricting freedoms of association,expression and peaceful assembly. Given its vague wording, the bill wouldaffect groups working in the fields of sexual health and sexual and genderminorities. Several existing laws also have a restrictive impact on the workingenvironment of civil society, such as the Law on Combating Extremist Activityand the False Accusation Law criminalizing libel.

The Observatory is alsoconcerned by statements made on the occasion of Mothers' Day by KyrgyzPresident Almazbek Atambayev. On May 14, 2016, President Atambayev named theheads of human rights organisations “Bir Duino Kyrgyzstan” and “Kylym Shamy”, TolekanIsmailova and Aziza Abdirasulova, when speaking about the organisersof an alleged upheaval against his government, and accused them of underminingState stability with the support of foreign funds.

“Today,the civil society is at its wits’ end. You don’t know what tomorrow willbring. Time has come for the authorities to choose what they really wantfor the country: a genuine democracy, based on the respect of human rights, ora return to the dark years of its history”, declared Aliaksandr Bialiatski,FIDH Vice-President and President of Human Rights Centre “Viasna”, who is partof the Observatory delegation that is currently in Kyrgyzstan to present theconclusions and recommendations of the mission report.

The Observatory urgesthe Kyrgyz authorities to ensure in all circumstances that they are able tocarry out their legitimate activities without any hindrance or fear ofreprisals.

The report alsounderlines the situation of human rights defender Azimjan Askarov, Headof the NGO “Vozduh” known for his documentation of police violence anddetention conditions in South Kyrgyzstan prior to his detention during the 2010ethnic clashes. He was abusively sentenced to life imprisonment in atrial that fell short of international standards, as confirmed by the UN HumanRights Committee (CCPR) in April 2016. The situation of Azimjan Askarov is particularlyserious compared to the general situation of human rights defenders in thecountry, but it is emblematic of the repression that people who tackle issuesviewed as too sensitive may face. During the mission, the Observatorydelegation was denied the right to visit Azimjan Askarov in prison.

“Kyrgyzstan has a legalobligation to implement UN Human Rights Committee’s decisions. It shouldrelease immediately human rights defender Azimjan Askarov and quash hisconviction. Failure to respect its international obligations would bringKyrgyzstan into disrepute”, said SouhayrBelhassen, FIDH Honorary President who is heading the Observatory delegation.

Under the pretext offighting “ethnic hatred” and “extremism”, several NGOs and their staff have beensubjected to abusive police raids and prosecution. As Azimjan Askarov, all ofthem were conducting human rights work related to the situation of ethnicminorities in the South of Kyrgyzstan. The persecution oflawyers protecting the rights of ethnic Uzbeks in Kyrgyzstan is not limited tosearches and the confiscation of documents. In some cases, as documented in thereport, lawyers were assaulted in court buildings and even in the middle ofcourtrooms.

Kyrgyzstan has ratifiedthe key UN human rights instruments. The authorities must now implement themand, in particular, guarantee a safe and conducive environment for all human rights defenders.

Thereport is available in English and in Russian.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 byFIDH and the World Organisation Against Torture (OMCT). The objective of thisprogramme is to intervene to prevent or remedy situations of repression againsthuman rights defenders.

For moreinformation, please contact:

• FIDH:Audrey Couprie: + 33143552518

• OMCT:Delphine Reculeau / Miguel Martín Zumalacárregui:+41228094939