Press Release: The Human Rights Committee of the Kyrgyz Parliament decides not to give its opinion on the highly controversial "foreign agents" law
In early March 2015, the law was approved by the Parliament’s Committeeon Law, Order and Crime Prevention but a coalition of Kyrgyz NGOs filed acomplaint denouncing procedural violations during the session of the Committee.In the case of, the Human Rights Committee of the Kyrgyz Parliament, theCommittee was due to release its conclusions regarding the amendments to thelaws “On non-profit organisations” and “On state registration of legal entitiesand branches” on May 19, 2015.
Such amendments are inspired on the Russian legislation on “foreignagents” which led to the closure of more than 40 NGOs in the RussianFederation. In a very concerning move, the Human Rights Committee did not takeany position on the bill even though it contradicts the Constitution of theKyrgyz Republic (Art. 4.2, Art. 52) and undermines the right to freedom ofassociation, including the right to access funding laid out in Art. 22 of theInternational Covenant on Civil and Political Rights to which the Republic ofKyrgyzstan is a party.
The provisions of the bill could be used to force virtually any NGO thatreceives foreign funding to either adopt the stigmatising label of “foreignagents” or otherwise put an end to its activities.
Stigmatisation arising from labelling human rights defenders and theirorganisations as “foreign agents” would have serious negative impacts on Kyrgyzcivil society which plays a key role in improving the country’s human rightsrecord. Moreover, the practically inevitable failure of NGOs to comply with thesaid provisions will trigger disproportionate administrative and criminalsanctions - ranging from the suspension to the close down an association -creating an atmosphere of fear, uncertainty and possible termination ofprograms viewed as sensitive - including those financed by internationalorganisations to which the Kyrgyz Republic is a member, such as the UN.
Moreover, if the amendments were to be adopted, tougher financial reportingrequirements would be established not only violating the constitutional rightto equal treatment but also discriminating against civil society organisationsreceiving grants from foreign foundations, donor countries and otherorganisations that equally support the Kyrgyz government’s reform programmesfinancially.
The Observatory urges the Kyrgyz Parliament not to adopt theseamendments as they would significantly restrict the space of NGOs. In a contextof globally shrinking civic freedoms, the Observatory urges the members of theKyrgyz Parliament not to follow the example of neighbouring countries whopassed restrictive legislative measures restricting the space of civil society,in particular human rights defenders and to be firm in upholding internationalhuman rights standers. The negative impact of the bill on the country'sreputation and rule of law are both indisputable.
For more information,please contact:
· OMCT: Miguel MartínZumalacárregui: +41 22 809 49 24
· FIDH: Lucie Kroening /Arthur Manet: + 33 1 43 55 25 18