January 25, 2024 – Nine international human rights groups, including the Observatory for the Protection of Human Rights Defenders (OMCT-FIDH),
urge the Kyrgyz government to reject an anti-NGO bill that violates
Kyrgyzstan's human rights commitments by imposing strict limits on
freedoms of expression, association and assembly, and allows for the
detention of activists and the closure of NGOs.
Kyrgyzstan’s parliament, Zhogorku
Kenesh, should reject a Russia-style “foreign agents bill” that poses a
grave threat to nongovernmental organizations’ activities across the
country, 9 international human rights groups said on January 25, 2024,
in a joint statement. The repressive legislation, known as the ‘foreign
representatives law’ is expected to come up for a second and – final -
third reading in parliament in a near future after being endorsed at a
crucial committee hearing on 23 January.
The groups issuing this statement
are Civil Rights Defenders, Human Rights Watch, International
Partnership for Human Rights, Norwegian Helsinki Committee, Front Line
Defenders, People in Need, Helsinki Foundation for Human Rights, and
International Federation for Human Rights (FIDH) and World Organisation
Against Torture (OMCT) within the framework of the Observatory for the
Protection of Human Rights Defenders.
The proposed amendments are at odds
with Kyrgyzstan’s international human rights obligations, including the
rights to freedom of expression and of association and assembly
protected under the International Covenant for Civil and Political
Rights.
The draft law, which is based on
corresponding Russian legislation, proposes to introduce a series of
amendments to Kyrgyzstan’s law on non-profit organisations and its
Criminal Code. It was first submitted by Nadira Narmatova,
a member of the parliament, in late 2022. In May 2023, Narmatova
re-submitted the draft law in an updated format with the support of a
large number of other members.
Civil society has widely criticised the draft law. In September 2023, about 120 Kyrgyzstani groups urged parliament to drop the legislation, and international human rights groups have repeatedly called for its rejection. In addition, the Organisation for Security and Cooperation in Europe’ Office for Democratic Institutions and Human Rights and UN human rights experts
have issued highly critical assessments of the draft law, and
international institutions and foreign embassies have called for its
review or withdrawal.
Despite this criticism, the draft
was passed at first reading in October, and on 23 January, the
parliament’s Committee on Constitutional Legislation gave its final approval. If passed by the full parliament on two more readings, the draft law will be sent to the president for signature.
Although some changes have been made to the initial version of the draft law, it remains fundamentally flawed and introduces far-reaching restrictions on the activities of foreign-funded groups.
The most troubling provisions are:
- All groups that receive any kind of financial assistance or
other support from foreign sources and engage in ‘’political
activities’’ would be required to register as ‘’foreign
representatives’’ – a stigmatising and discrediting label that implies
that the groups follow the orders of ‘’foreign’’ actors to the
disadvantage of the Kyrgyzstan population. The Justice Ministry would
create a public register of ‘’foreign representatives’’.
- The term ‘’political activities’’ is broadly defined as any
activities that seek to ‘’influence decision-making of state bodies’’
with the aim of ‘’changing public policies pursued by these bodies”, as
well as activities to ‘’shape public opinion’’ for similar purposes.
Under the draft law, such activities include, for example, organising
public meetings, debates, and rallies; publishing appeals or opinions on
legal provisions; sharing opinions on state policies and political
processes in Kyrgyzstan; monitoring and advocating positions for
elections; conducting surveys and sociological research and publishing
their results; involving members of the local public – specifically
youth – in these types of activities; or financing of any such
activities. The draft law also refers to so-called propaganda of
‘’non-traditional’’ sexual relations and LGBTI rights as a ‘’political
activity’’.
- Groups registered as “foreign representatives” that publish or
share any kind of information and/or materials would be required to
include detailed information on their donors in their publications as
commissioners of these materials.
- If a group violates these requirements, the Justice Ministry
would be able to suspend their activities for up to six months,
following a warning. If a group fails to rectify the violations within
this period, the Ministry could ask a court to shut down the
organisation.
- The Justice Ministry would l also have broad powers to supervise
the activities of ‘’foreign representatives’’, including by requesting
access to their financial and organisational documents and participating
in a group’s events. The proposed amendments to the Criminal Code
introduce harsh sanctions – ranging from heavy fines to imprisonment for
up to three years (for individuals) or up to five years (if committed
by a group of individuals) – for those found guilty of activities that
cause significant harm to citizens’ rights, society, or to the state or
that induce the public to refuse to perform civic or official duties, or
to commit any other illegal acts. These vaguely worded provisions could
be arbitrarily used against representatives of groups that are
inconvenient to those in power.
If adopted and signed into law, the
“foreign representatives” bill is likely to have far-reaching
implications for Kyrgyzstan’s vibrant civil society because most groups
receive foreign funding due to the lack of domestic sources. According
to official statistics, more than 20,000 groups are currently registered
in the country. If the law is adopted, the experience of human rights
and other groups in Russia indicates that many are likely to be forced
to shut down – either at their own initiative or by the authorities.
Kyrgyzstan’s human rights record has
significantly deteriorated in the last few years, with the authorities
taking increasing steps to stifle freedoms of speech, association, and
assembly.
Independent media and journalists, bloggers and others
critical of the Kyrgyz government’s policies have faced increasing
pressure, including with politically motivated criminal cases, arrests,
and imprisonment.
The websites of independent news sites have been arbitrarily blocked
and the authorities have attempted to close down media organisations
because of their independent reporting, such as in an ongoing court case against the online news outlet Kloop and an earlier case against the Kyrgyz service of Radio Free Europe/Radio Liberty.
During the week of January 15, law
enforcement agents in the capital, Bishkek, raided several critical news
outlets, pending investigation on spurious charges of inciting “mass
disorder”. Several newsrooms remain shut while journalists are trying to
retrieve their confiscated equipment.
A parallel draft law
developed by the presidential administration and first put forward for
public debate in November 2022 remains in the pipeline and may be
submitted to parliament in the near future. While steering clear of
imposing criminal liability on groups and labelling some as ‘foreign
representatives,’ it would introduce burdensome registration and
operational restrictions, as well as require existing groups to
re-register, raising concerns that the authorities could use this law to
force inconvenient organizations to close.
Parliament should reject the
proposed “foreign representatives” legislation and refrain from adopting
any legal provisions that unduly obstruct the work of independent civic
society and media groups, in violation of the country’s international
human rights obligations and commitments.
The Kyrgyz government’s compliance
with its obligations under International Covenant on Civil and Political
Rights should be an important consideration by the EU and other
international and financial actors with whom Bishkek aims to forge
closer relations. If adopted, the law would place Kyrgyzstan sharply at
odds with the obligations it has undertaken r to receive preferential
trade access to the lucrative EU market. A recent critical report
by the European Commission already highlighted the dire situation for
independent groups and journalists as a main area of concern.
Should parliament proceed with the
law, despite these warnings, the EU needs to seriously reconsider the
trade benefits, as well as the pending signature of an Enhanced
Partnership and Cooperation Agreement with Kyrgyzstan that focuses on
democratic development and fundamental rights as one of its core tenets.
Kyrgyzstan’s negative trajectory also raises the question of whether
the country is qualified to continue serving on the UN Human Rights
Council.
|