To:
Mr. Almazbek Atambayev
President of the Kyrgyz Republic
E-mail: psp@adm.gov.kg; oip@adm.gov.kg
Mr. Jeenbekov A.Sh.
Speaker of the Jogorku Kenesh of the Kyrgyz Republic
All Members of Parliament
Paris-Geneva, June 5, 2014
Re: Concerns over draft laws and amendments considered by the Parliament of Kyrgyzstan, Jogorku Kenesh
Excellencies,
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), is writing to you to express concern regarding the introduction of three legislative proposals last month in Parliament: a bill on so-called “foreign agents”, another on so-called “homosexual propaganda”, as well as proposed amendments to the law on “non profit organisations”, which could all be voted by the end of the month, during the current parliamentary session. If adopted, they will severely restrict freedoms of association and expression in the country.
The bill on “foreign agents” largely draws inspiration from a drastic Russian legislation on the same matter. According to the information received, it provides that non-governmental organisations (NGOs) receiving funds from abroad shall register as “foreign agents” and be subjected to tougher reporting requirements, the violation of which is punishable by a up to six-month suspension. This text also provides for the criminalisation of NGO leaders “inciting citizens to disobey their civic duties or commit other unlawful acts”, a vague wording that could allow for the repression of the legitimate expression of dissent or criticism. Offenders charged under this provision risk up to three years in prison.
In addition, on May 19, 2014, the Ministry of Justice proposed legislative amendments to the law on non-profit organisations in Parliament, which include a provision requiring all non-profit organisations to register.
The Observatory is concerned that such proposed legislative reforms are contrary to international law as well as the Constitution and laws of the Kyrgyz Republic regulating the right to freedom of association, as they would establish a set of harsh restrictions towards NGOs which would go far beyond what is permissible under international law as well as under the Kyrgyz legislation. We recall that Article 35 of the Constitution of the Kyrgyz Republic reads that “everyone has the right to freedom of association”, and that the Law of the Kyrgyz Republic on Non-commercial Organizations explicitly provides citizens with the right to establish unregistered public organisations.
We also recall that the right of NGOs to freedom of association is a fundamental and universal right enshrined in numerous international treaties and standards, especially Article 22 of the International Covenant on Civil and Political Rights (ICCPR). While this right may be restricted, especially for purposes of transparency and good governance, as in any other sector of society, any restrictions must always be “prescribed by law” and “necessary in a democratic society”, and respect the primacy of the general interest and the principle of proportionality (Article 22.2 of ICCPR and case-law of the United Nations Human Rights Committee). It should be emphasised that freedom shall remain the rule, while restrictions should always be an exception admissible under the above-mentioned conditions.
We are finally extremely concerned with the bill on “homosexual propaganda”, which would, for its part, impose administrative and criminal penalties on the media and on any group or individual expressing “a positive attitude towards “non traditional sexual relations” through the media or information and telecommunication networks”. The vagueness of this wording could, here again, allow for the repression of any action carried out in defence of LGBT rights and/or persons. Worryingly, in March 2014, the Vice-Speaker of Parliament Torobay Zulpukarov met with the leader of the “Kalis” LGBT movement, Mr. Zhenish Moldokmatov, to inform him that such a bill was being tabled in Parliament to forbid so-called “homosexual propaganda”, as “the absence of such legislation was the cause of increased quantity of homosexuals” likely to spread “immorality in the future”.
The Observatory strongly condemns the three above-mentioned legislative initiatives likely to further restrict the space of NGOs working for the defence of human rights in Kyrgyzstan, in a context where human rights defenders, in particular LGBTI rights defenders, have been increasingly harassed over the past months.
Accordingly, the Observatory urges the members of the Kyrgyz Parliament not to adopt the three above-mentioned bills and amendments on so-called “homosexual propaganda”, “foreign agents”, and registration of non-profit organisations, and calls upon the Kyrgyz authorities to ensure that all human rights defenders can pursue their legitimate work without any further hindrances or reprisals.
We sincerely hope that you will take these elements into account.
Yours sincerely,
Karim LAHIDJI Gerald STABEROCK
FIDH President OMCT Secretary General