Open Letter to the authorities: Concerns over draft laws and amendments considered by the Parliament of Kyrgyzstan, Jogorku Kenesh

Mr. Almazbek Atambayev

President of the KyrgyzRepublic

E-mail: psp@adm.gov.kg; oip@adm.gov.kg

Mr. JeenbekovA.Sh.

Speaker of the Jogorku Kenesh of the KyrgyzRepublic

All Members of Parliament

Paris-Geneva, June 5,2014

Re: Concernsover draft laws and amendments considered by the Parliament of Kyrgyzstan, JogorkuKenesh

Excellencies,

The Observatory for the Protectionof Human Rights Defenders, a joint programme of the International Federationfor Human Rights (FIDH) and the World Organisation Against Torture (OMCT), iswriting to you to express concern regarding the introduction of threelegislative proposals last month in Parliament: a bill on so-called “foreignagents”, another on so-called “homosexual propaganda”, as well as proposedamendments to the law on “non profit organisations”, which could all be votedby the end of the month, during the current parliamentary session. If adopted,they will severely restrict freedoms of association and expression in thecountry.

The bill on “foreign agents” largely drawsinspiration from a drastic Russian legislation on the same matter. According tothe information received, it provides that non-governmental organisations(NGOs) receiving funds from abroad shall register as “foreign agents” and besubjected to tougher reporting requirements, the violation of which ispunishable by a up to six-month suspension. This text also provides for the criminalisationof NGO leaders “inciting citizens to disobey their civic duties or commit otherunlawful acts”, a vague wording that could allow for the repression of thelegitimate expression of dissent or criticism. Offenders charged under this provisionrisk up to three years in prison.

In addition, on May 19, 2014, theMinistry of Justice proposed legislative amendments to the law on non-profitorganisations in Parliament, which include a provision requiring all non-profitorganisations to register.

The Observatory is concerned thatsuch proposed legislative reforms are contrary to international law as well asthe Constitution and laws of the Kyrgyz Republic regulating the right to freedomof association, as they would establish a set of harsh restrictions towardsNGOs which would go far beyond what is permissible under international law aswell as under the Kyrgyz legislation. We recall that Article 35 of theConstitution of the Kyrgyz Republic reads that “everyone has the right tofreedom of association”, and that the Law of the Kyrgyz Republic onNon-commercial Organizations explicitly provides citizens with the right toestablish unregistered public organisations.

We also recall that the right ofNGOs to freedom of association is a fundamental and universal right enshrinedin numerous international treaties and standards, especially Article 22 of theInternational Covenant on Civil and Political Rights (ICCPR). While this right maybe restricted, especially for purposes of transparency and good governance, asin any other sector of society, any restrictions must always be “prescribed bylaw” and “necessary in a democratic society”, and respect the primacy of thegeneral interest and the principle of proportionality (Article 22.2 of ICCPRand case-law of the United Nations Human Rights Committee). It should beemphasised that freedom shall remain the rule, while restrictions should alwaysbe an exception admissible under the above-mentioned conditions.

We are finally extremely concernedwith the bill on “homosexual propaganda”, which would, for its part,impose administrative and criminal penalties on the media and on any group orindividual expressing “a positive attitude towards “non traditional sexualrelations” through the media or information and telecommunication networks”.The vagueness of this wording could, here again, allow for the repression ofany action carried out in defence of LGBT rights and/or persons. Worryingly, inMarch 2014, the Vice-Speaker of Parliament Torobay Zulpukarov met with theleader of the “Kalis” LGBT movement, Mr. Zhenish Moldokmatov, to inform himthat such a bill was being tabled in Parliament to forbid so-called “homosexualpropaganda”, as “the absence of such legislation was the cause of increasedquantity of homosexuals” likely to spread “immorality in the future”.

The Observatory strongly condemnsthe three above-mentioned legislative initiatives likely to further restrictthe space of NGOs working for the defence of human rights in Kyrgyzstan, in acontext where human rights defenders, in particular LGBTI rights defenders,have been increasingly harassed over the past months.

Accordingly, the Observatory urgesthe members of the Kyrgyz Parliament not to adopt the three above-mentionedbills and amendments on so-called “homosexual propaganda”, “foreign agents”,and registration of non-profit organisations, and calls upon the Kyrgyzauthorities to ensure that all human rights defenders can pursue theirlegitimate work without any further hindrances or reprisals.

We sincerely hope that you will take these elements into account.

Yours sincerely,

Karim LAHIDJI GeraldSTABEROCK

FIDH President OMCTSecretary General