Paris-Geneva, October 2, 2007. 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), has been informed of the issuance of guidelines on funding traceability of international and foreign NGOs by the Kyrgyz financial police at the demand of the Kyrgyz finance minister, Mr. Akylbek Japarov.
According to the information received from the Kyrgyz Committee for Human Rights (KCHR), Mr. Japarov made a statement on September 15, 2007, in which he affirmed that the United States provided a total of about 33 million dollars each year to various organisations operating in the country in order to support the development of democracy, and that it was high time the authorities knew how much was exactly supplied, to which organisations, and for what purpose, since not a single cent was allocated to the State budget.
In the following days, the Kyrgyz financial police issued guidelines on NGO funding, which compel Kyrgyz banks to give reports on the financial operations of NGOs and micro-credit unions operating in Kyrgyzstan and receiving funds from abroad. According to reliable sources, more than a hundred organisations would be at risk of being affected by these guidelines.
The Observatory recalls that in January 2006, the Ministry of Justice had already given similar instructions by asking the Ministry’s registration department that investigations be carried out into all NGOs financed by international donors, which had led to an increase in financial audits, investigations and « visits » to several organisations (see Observatory Annual Report 2006).
The Observatory also notes with concern that in July 2007, the KCHR was denied registration for the fourth time by the Ministry of Justice [1] and that in September 2007, the KCHR was subjected to a series of worrying events [2].
The Observatory expresses its concern with these new measures on NGO funding and fears that they be used in order to increase the authorities’ control over independent civil society and restrict freedom of association in the country. Accordingly, the Observatory will closely watch how these guidelines will be implemented in order to ensure that Kyrgyzstan respects its obligations in terms of freedom of association, in conformity with international and regional human rights standards and with human rights instruments it has ratified.
The Observatory further recalls that as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), Kyrgyzstan acknowledges that "the [1998] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", and recognises "the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States" [3].
In addition, the Observatory points out that Articles 5 and 13 of the UN Declaration on Human Rights Defenders respectively provide that "everyone has the right, individually and in association with others, at the national and international levels: To form, join and participate in non-governmental organizations, associations or groups" and "to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the [...] Declaration".
For further information, please contact:
FIDH : Karine Appy / Gaël Grilhot, + 00 33 1 43 55 25 18
OMCT : Anne-Laurence Lacroix, + 00 41 22 809 49 31