Press conference for the mass media of Kyrgyzstan

organized by the Human Rights Movement “Bir Duino-Kyrgyzstan” on the 2018 half-year results:

“Through Civic Participation and Control to Positive Changes”.

Dear journalists,

"Civil vacuum" - this gap between the citizens and authorities represents a greater threat to political and social stability in the country, than any other threat (external), as noted by the President of Kyrgyzstan S.Sh. Jeenbekov at the meeting with CSOs, and we live with expectations and concerns. I now invite you to observe a minute of silence in memory of the professional journalist of Azattyk radio, investigator and documentarian, remarkable Man Ulanbek Egizbaev.

Ø  We would like to draw attention of Mr. Kashkar Astakanovich Dzhunushaliev, Minister of Internal Affairs of the Kyrgyz Republic to the fact that citizens of the Kyrgyz Republic are waiting to see results of the investigation into the causes of the death of the famous and courageous journalist Ulanbek Egizbaev as soon as possible.

Ø  We would like to draw attention of Mr. Otkurbek Asilbekovich Jamshitov, Prosecutor General of the Kyrgyz Republic to the necessity to monitor carefully journalistic investigations against corruption conducted by Ulanbek Egizbaev and take necessary measures. We will monitor and demand that corruption becomes less and the government becomes effective and applies high principles of good governance in its activities.

Ø  The International Festival of Documentary Films on Human Rights - 2018 has the honor to announce a special prize "Ulan-Ulansin!" to be presented toyoungdocumentariansfortheBestdocumentaryfilm "ForHumanRightsandFreedoms - 2018".

Ø  All documentary video reports of Ulanbek Egizbaev will be shown as part of the Fest-2018 programs in all four districts of the capital from 11 to 16 November 2018 and regional activists will continue screenings in the seven regions of Kyrgyzstan.

Ø  Thank you for your attention! We will continue our joint press conference.

2018 isconsideredto be transitional, importantforrestorationofpolitical, civil, economicandsocialrightsofcitizens, especiallytherightsofvictimsandvulnerable people, asthelegacyoftheformergovernmentwaspunitiveandshocking to thecitizensdue to thescaleofviolationsofhumanrightsandfreedoms. Please, see: http://www.birduino.kg/ru/pressa/739-rasshirennaya-press-konferentsiya-dlya-mass-media-kyrgyzstana-pravozashchitnogo-dvizheniya-bir-dujno-kyrgyzstan-za-polugodie-2018-cherez-grazhdanskoe-uchastie-i-kontrol-k-pozitivnym-peremenam

Today the team of Bir Duino as well as experts and partners will provide quantitative and qualitative indicators based on the results of joint activities carried out together with representatives of the Solidarity Community and recommend key instruments for positive changes.

Before I give my colleagues the floor for presentations, I would like to focus your attention on the systematic practice of IMPUNITY OF STATE OFFICIALS who have violated the Constitution of the Kyrgyz Republic and the international obligations of the Kyrgyz Republic. Therefore, the country's ratings are constantly falling, such as the rating of freedom of speech. Despite the requests, analysis and recommendations of the expert and human rights community, including important recommendations of the UN Human Rights Committee, no measures have been taken to restore the rights of human rights defenders and journalists deported from the KR by the former SCNS of the KR, the Ministry of Internal Affairs of the KR and the General Prosecutor's Office of the KR.

We are sure that following the results of the meeting of CSOs with the President of the Kyrgyz Republic S.Sh. Jeenbekov and his strategically important message to officials at all levels, procedures will be initiated to restore their rights and freedoms in the Kyrgyz Republic. We are sure that such punitive practices on the part of law enforcement agencies will be eliminated and steps will be taken to carry out real reforms of law enforcement bodies, including the State National Security Committee of the Kyrgyz Republic.

You can find the LIST of deported Kyrgyz citizens attached.

Recommendations:

  • Promotion of Women's Leadership and Gender Equality. The need to combat violence against women:
    • Attainment of the following Sustainable Development Goals: Goal 5 "Gender equality", Goal 3 "Good health and well-being", Goal 4 "Quality education";
    • Establishing a horizontal inclusive platform (the Women's Initiative for the Solidarity Community has been established) to analyze human rights challenges, as well as exchange ideas and experiences to seek new approaches, innovations in teaching women human rights, women's leadership and political participation at the local, regional and national levels;
    • Facilitating establishment of monitoring groups in the field to promote and implement UN Security Council Resolution 1325, the National Action Plan for Achieving Gender Equality for 2017-2020 and the OSCE Action Plan on Gender Equality: Report and Evaluation; monitoring implementation of the recommendations of the UN Committee on Human Rights and Freedoms in the Kyrgyz Republic;
    • Promotion of the National Plan of Action for achieving gender equality, the Action Plan for implementation of the UN Security Council Resolution 1325 and establishment of monitoring groups in the field, the OSCE Action Plan on Gender Equality at the national and regional levels, including through LSGs, training in increasing accountability and transparency of local self-government bodies and introduction of gender approaches in the decision-making process.
    • To the General Prosecutor's Office, the Ministry of Internal Affairs: conducting effective investigations into the facts of gender-based violence, bringing perpetrators to justice, including law enforcement officers responsible for non-performance of their official duties.

 

  • Restriction of the right to freedom of peaceful assembly. Bureaucracy: untimely, ineffective execution of the Law "On consideration of applications and complaints of citizens":
    • Attainment of the Sustainable Development Goal 17 "Partnership for sustainable development";
  • Recommendation to the Jogorku Kenesh to envisage in the Code on Administrative Liability sanctions against officials of state bodies and local self-government bodies who violated the legislation on peaceful assembly.
    • Children in conflict with the law:
      • Realization of the following Sustainable Development Goals: Goal 16 "Peace, justice and strong institutions", Goal 3 "Good health and well-being", Goal 4 "Quality Education";
  • Building an effective system of juvenile justice in the Kyrgyz Republic with effective mechanisms for interagency cooperation.
  • Legislative consolidation of the three-level system for prevention of crime among children.
  • Strengthening the system of prevention of violations among children through creation of a separate Department for prevention of violations among children.
  • Special attention should be given to development of the juvenile probation service in Kyrgyzstan to provide high-quality social services for children.
  • Implementation of systematic education and training of personnel in all departments dealing with children in conflict with the law: defendants, suspects, convicts (i.e. only certified specialists should be allowed to work with children in conflict with the law).
  • Establishing behavior correction centers for children convicted of serious and especially serious crimes, which will be an alternative to serving a sentence of imprisonment.
  • Abolishing the Educational colony for minors No. 14 (paragraph 16 of the State Program for the children’s justice development in 2014-2018 on the need to reform and modernize the colony No. 14).
  • Creating a specialized court for children in conflict with the law.
  • Freedom from torture and ill-treatment:
    • Realization of the Sustainable Development Goal 16 "Peace, justice and strong institutions";
    • To the Ministry of Internal Affairs: the basis for assessing the work of the Ministry of Internal Affairs employees should be public opinion data, excluding the planned indicators from the departmental reporting ("indicator-based assessment system").
    • To the prosecutor's office: Based on the statements made in the court regarding cases of torture, prosecutors should conduct inspections and make the decision concerning initiation of criminal proceedings.
    • To the Supreme Court of the KR: To recommend that judges ask the defendants whether they were tortured, when authorizing arrest and at the beginning of criminal proceedings. In case of a statement made in the court regarding the case of torture, to make a determination that instructs the prosecutor to conduct an audit of such a statement.
    • To the Ombudsman: Apply to the Supreme Court with proposals to review court practice and give the courts guidance on the application of legislation to identify inadmissible evidence and exclude them when working with criminal cases, paying special attention to excluding evidence obtained through torture.
    • To the National Center for the Prevention of Torture: To submit to the state bodies (Government, Supreme Court, Prosecutor General's Office of the Kyrgyz Republic) proposals on the procedure for implementation of the UN Human Rights Committee's observations, which concern torture, arbitrary arrest, cruel, inhuman and degrading treatment of a person.
    • Regarding the Article 2992 of the Criminal Code of the Kyrgyz Republic: It is recommended that the Jogorku Kenesh considers the possibility of excluding this article from the criminal code.
    • Strengthening the activity of centers providing guaranteed legal assistance and the quality of work of lawyers to provide effective and timely assistance to vulnerable groups of the population.
  • Protection of the rights and freedoms of migrants:
    • Ratify ILO Convention No. 143 on Migrant Workers (Supplementary Provisions), 1975, and its Recommendation No. 151 to protect the rights of all migrant workers, regardless of their status.
    • To promote ratification of the UN International Convention on the Rights of All Migrant Workers and Members of Their Families by the countries - the Russian Federation and the Republic of Kazakhstan - within the framework of integration processes and the unification of the legislation with the laws of the Eurasian Economic Union on migrant workers.
    • Introduce a national program to eradicate trafficking in human beings, and widely disseminate information on trafficking in persons and assistance to victims.

In host countries:

  • Ensure full compliance with ILO Convention No. 183 on protection of the maternity of migrant women, particularly with regard to health (article 3), maternity leave (article 4), sick leave in cases of illness or complications (article 5), benefits (article 6), employment protection and non-discrimination (articles 8 and 9) and the article related to nursing mothers (art. 10).
  • Ensure the full implementation of articles 3, 4, 5, 6, 8 and 11 of ILO Convention No. 156 concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities.
  • Ensure full compliance with Articles 7, 10 and 12 of the UN International Covenant on Economic, Social and Cultural Rights.
  • Combatting discrimination:
    • Implementation of the Sustainable Development Goal 16 "Peace, justice and strong institutions";
  • Accelerate the legislative process aimed at ensuring that the Ombudsman fully complies with the Paris Principles;
  • Adopt comprehensive anti-discrimination legislation;
  • Strengthen the structures and resources provided to the State Agency for Local Self-Government and Inter-Ethnic Relations in order to improve its effectiveness and take measures to ensure the proper representation of ethnic minorities in the Agency.
  • Develop a National Action Plan to implement the recommendations of the Committee on the Elimination of Racial Discrimination.
  • Accelerate the adoption of the anti-discrimination law "On Ensuring Equality", which involves creation of a special body against discrimination (the law was submitted for public discussion on June 28)[1].
  • Theauthoritiesshouldinvolvepublicinsolvingproblemsrelatedtoxenophobiaandintoleranceintodevelopandimplementprogramstopreventandcombatxenophobia, languageprejudicesanddivisiveattitudesinsocietythatcancontributetohatecrimes[2].
  • Stimulatetheinvolvementethnicminoritiesindifferentspheres, throughcreationvariousincentivemechanismsandraising theirinterestincivicparticipation; focustheyoungergenerationdifferentethnic, culturalandlinguisticgroups[3].
  • Regulate the issues of discrimination in employment for civil service, especially in law enforcement agencies, branches of the economy and education, while acceptance of deputies to the Jogorku Kenesh from their parties[4].
  • Prevent discrimination, acts of harassment and reprisals against human rights defenders in accordance with the Guidelines against Intimidation or Reprisals (San Jose Guidelines)[5].
  • Implementation of the UN recommendations :
  • Implementation of 17 Sustainable Development Goals through ensuring equal participation in the process of adoption of the National Plan of the Kyrgyz Republic for implementation of SDGs 2016-2040 using the tools for civil monitoring and evaluation;
  • Accelerate the implementation of 664 recommendations of UN bodies in the field of human rights (a significant block is aimed at combating torture) addressed to Kyrgyzstan, making them primary for implementation by all government bodies and institutions;
  • Adopt the Kyrgyz Republic’s National Plan on Human Rights to implement the UN recommendations.

HRM “Bir Duino-Kyrgyzstan”: + 996 312 383330, birduinokyrgyzstan


[1] http://www.kenesh.kg/ru/article/show/4046/na-obshtestvennoe-obsuzhdenie-s-28-iyunya-2018-goda-vinositsya-proekt-zakona-kirgizskoy-respubliki-ob-obespechenii-ravenstva).

Рекомендация «Школы миротворчества и медиатехнологий» 

[2]Рекомендация «Школы миротворчества и медиатехнологий»

[3]Рекомендация «Школы миротворчества и медиатехнологий»

[4] Рекомендация «Школы миротворчества и медиатехнологий»

[5] https://www.ohchr.org/ru/HRBodies/SP/Pages/Actsofintimidationandreprisal.aspx 

2jpg

5