Review and recommendations for the protection of human rights, development of democracy, compliance with international obligations of the new government of the KR in times of crises and disasАвг 30.2021
Review and recommendations for the protection of human rights, development of democracy, compliance with international obligations of the new government of the KR in times of crises and disasters.
From 23 to 27 August 2021, the HRM "Bir Duino Kyrgyzstan" conducted a creative seminar with the participation of leaders of local communities living in risk zones, including activists of border villages, experts, documentarians, lawyers and journalists on the preparation of innovative components of the Festival-2021 program, which will be devoted to "Human Rights During the Period of Risks and Disasters".
To analyze and assess internal and external threats, including the pandemic, the participants used the PEST tool to identify problems in the political, economic and social spheres, their impact on the exercise of human rights in the country, the life of communities and the possibility of holding an International Human Rights Documentary Film Festival in November-December 2021.
The experts worked together to analyze and assess the environment for civil society, taking into account new challenges both in Kyrgyzstan and in the Central Asia region, to develop strategies to prevent a humanitarian catastrophe related to the events in Afghanistan.
In their presentations, the participants supported the new initiative of the President of the KR S. N. Japarov to strengthen interregional cooperation, as well as holding of a Kurultai to support and develop new women's leadership in Kyrgyzstan under the auspices of the Vice Speaker of the Jogorku Kenesh of the KR Aida Kasymalieva, as well as the importance of developing partner networks of multilateral cooperation with international organizations OHCHR, OSCE, UPR info, GNDR (the Global Association of NGOs for Risk and Disaster Reduction).[i]
Following the discussions, the participants identified some new challenges:
The situation in Afghanistan. How do the governments of the Central Asian countries contribute to reducing the humanitarian catastrophe associated with the situation in Afghanistan? What are their plans to help refugees and victims, especially women human rights defenders and their families, activists?
The situation in Afghanistan requires us, citizens of Kyrgyzstan to pay even more attention to protecting and promoting the universality of human rights and freedoms, ensuring favorable conditions for protecting the rights of refugees, especially women human rights defenders, strengthening partnership with authorities from the level of communities to the global level, creating inclusive dialogue platforms to provide citizens with access to information, involving them in civic participation in the decision-making process at all levels of government on the basis of international obligations to ensure security and promote positive reforms for development, excluding discrimination and various forms of violence.
To exchange experience on assistance to refugees and women human rights defenders, the seminar participants held an online discussion to exchange experience of humanitarian assistance programs implemented in accordance with the "Do Not Harm" principle with leading experts: Ms. Gulnara Shahinian, the leader of Democracy Today, Armenia, Ms. Julia Kharashvili, Georgia, Ms. Heidi Meinzolt, Germany, coordinator of the Working Group on Gender Equality of the OSCE's Civic Solidarity Platform, Ipsita Sircar, coordinator of the GNDR, with the participation of the Vice Speaker of the Parliament of the KR, Ms. Aida Kasymalieva and representatives of international UN agencies.
Recommendations of the participants to the authorities of the Kyrgyz Republic: It is important for the new authorities of the KR to strictly adhere to the UNHCR's document, which was sent by the UNHCR to all states. As the situation in Afghanistan remains fragile and uncertain, UNHCR calls on all countries to allow civilians leaving Afghanistan to enter their territories and to ensure that the principle of non-refoulement is respected in all cases. The UNHCR states that it is necessary to ensure that the right to seek asylum is not violated, that borders are kept open, and that people in need of international protection are not forced to stay in their country of origin, which can be dangerous for them. In this regard, it is important to remember that States have obligations, including obligations in accordance with customary international law, to preserve the access of civilians fleeing conflict to cross international borders and not to return refugees by force. The principle of non-refoulement also provides for non-rejection at the border.
All applications of citizens of Afghanistan and persons, who previously permanently resided in the territory of this country, for international protection should be considered within the framework of fair and effective procedures in accordance with the norms of international and regional legislation on the protection of refugees.
It can be found here: https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?docid=611f79484
At the special session of the Human Rights Council, the High Commissioner stated that confidence-building requires inclusive dialogue and measures to protect women's rights, especially the right of girls to protection and education. https://www.universal-rights.org/lac/blog-es-lac/report-of-the-31st-special-session-of-the-human-rights-council-on-the-serious-human-rights-concerns-and-situation-in-afghanistan/
The International Federation for Human Rights appealed to key decision-makers to facilitate the evacuation of women human rights defenders in Afghanistan as soon as possible: "Defending vulnerable human rights defenders is a moral duty. They have to help us get these people out." Guissou Jahangiri, Vice President of FIDH and Executive Director at OPEN ASIA/Armanshahr https://www.fidh.org/en/region/asia/afghanistan/fidh-in-action-for-afghanistan
We are ready to facilitate the organization of a round-the-clock Hotline with the participation of leading experts, students from Afghanistan to provide advice, legal support and effective support to asylum seekers in Kyrgyzstan.
Internal challenges and obstacles for the activities of CSOs and for the development of effective partnership with the authorities and the business community in the Kyrgyz Republic: Emerging new risks and disasters, global changes, including armed conflicts, acts of military aggression, social upheavals, demographic shifts, rapid urbanization and migration trends, as well as climate change, are radically changing our world. The COVID-19 pandemic has further exposed many internal problems in the field of civil, political, social, economic and cultural rights, which have also worsened amid the the armed conflicts in the border area of Kyrgyzstan, a high level of violence against vulnerable groups of local communities, such as women, children, people with disabilities, etc.
The main risks: radical fundamentalism, border conflicts, climate threats. Economic empowerment of women in the context of climate risks and disasters. It was also mentioned that there is a significant impact of creeping migration in border villages, the corrupt distribution of land plots, since border delimitation and demarcation have not been completed. There is a problem of staff turnover, insufficient interaction of local communities with the authorities.
On the role of LSG (local self-government): The participants pointed out the importance and the need to strengthen local authorities to develop in collaboration with the citizens action plans for emergency situations and strengthen public safety from the community to national level, the need for transparency of external assistance provided to the Ministry of Emergency situations of the KR, the key Institute for the prevention of risks, disasters and conflicts in the KR, informing citizens and ensuring equal participation in decision-making from the community level to global level.
On the role of the Jogorku Kenesh of the KR and the new government in the adoption of democratic laws: The new version of the Children's Code is a big milestone for the country in confirming its commitment to protecting children's rights and promoting the best interests of children in accordance with the Convention on the Rights of the Child. We support the steps taken by the new government to ensure comprehensive protection of children and will promote all the national programs for the protection and prevention of all kinds of discrimination and violence against children.
The participants also noted the recently adopted laws and draft laws that have a negative impact on building an effective partnership with the new government to address both systemic and emerging new risks and disasters in Kyrgyzstan. The participants expressed their readiness to discuss with key decision-makers and promote the restoration of high principles of human rights and freedoms, transparency, accountability and effective partnership with government and business representatives at all levels of decision-making.
- The law on NGOs
- The law on fakes
- New criminal legislation: a. Establishing criminal liability for inciting political discord; b. Establishing criminal liability for justifying extremism, terrorism;
- The new Tax Code
- The Law on introduction of certain legislative acts: "amendments to the Criminal Code of the KR, Article 315/1 responsibility for financing extremist activities";
- The women's movement of Kyrgyzstan demands to preserve the mechanism for implementing the 30% gender quota https://kaktus.media/doc/444181_jenskoe_dvijenie_kyrgyzstana_trebyet_sohranit_mehanizm_realizacii_30_gendernoy_kvoty.html We should revert to the issues of increasing women's participation in politics and increase the quota of 30% to 50% as soon as possible.
- On the need for urgent reforms in the security sector of the Kyrgyz Republic. The SCNS of the KR should execute their functional duties, such as ensuring internal and external security of the KR, delegating their other powers to other bodies, e.g. investigating economic crimes, investigating torture, etc.
- On the importance and role of the UN security Council Resolution 1325 for the promotion of gender equality, peace and security in the Kyrgyz Republic: The participants also mentioned the positive steps of representatives of the new government to build partnerships with representatives of CSOs, leaders of the communities living in the areas of risk, documentary filmmakers, media experts and gender experts on promotion of the UN Security Council Resolution 1325. They also noted an effective partnership during the military aggression of Tajikistan in April-May 2021 and continuing partnership for restoration of the political, economic, social and cultural rights of citizens based on international commitments and agreements signed by the state as a member of the UN, OSCE and other international commitments to end discrimination and violence in the name of development.
- Business and Human Rights: The participants call on the authorities and the business community of the KR to work together to implement the "Guiding Principles on business in the human rights aspect: implementation of the United Nations framework on "protection, compliance and remedies"", which were developed by the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises. The Special Rapporteur has attached the Guiding Principles as an annex to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process leading up to their development. The Human Rights Council approved the Guiding Principles in its resolution 17/4 as of 16 June 2011. https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_ru.pdf
Together, for the development of Kyrgyzstan. Participants of the creative seminar Human Rights During the Period of Risks and Disasters.
27 August 2011