Unconstitutional provisions of the Law on NGOs should be abolished.

Май 12.2023

The Human Rights Movement "Bir Duino – Kyrgyzstan" together with a Network of partner organizations express their confidence that the Constitutional Court of the KR, confirming its commitment to the protection, respect for human rights, freedoms and the foundations of the state system, will ensure the supremacy of constitutional law and make a fair decision.

On 17 May 2023, at 9:30 a.m., a session of the Constitutional Court of the KR will be held, at which the petition of the Human Rights Movement "Bir Duino - Kyrgyzstan" will be considered on recognition of paragraphs 2 and 3 of Article 17 of the Law of the KR on Non-Profit Organizations as contradicting Articles 2 (Part 2), 8 (Part 1), 23 (Parts 1, 2, 3, 4, 5), 32 ( Parts 1, 2), 36 of the Constitution of the KR.

These legislative norms are burdensome, structurally discriminatory, they create an additional burden for non-profit organizations and restrict the right of citizens to equal opportunities and freedom of association.

Article 36 of the Constitution of the KR guarantees everyone the right to freedom of association, which is the basic value of society and the State. This right may be restricted only for the purpose of protecting national security, public order, public health and morals, and protecting the rights and freedoms of people.

However, the above goals were not set when the Law on Non-profit Organizations was being changed. Consequently, the constitutional norm was violated because the State interferes with the realization of the right of citizens to freedom of association.

On 17 June 2021, the above mentioned articles of the law were amended. According to the amendments, the amount and structure of income, as well as information about the size, property of a non-profit organization, its expenses cannot be the subject of a commercial secret. In addition, the amendments obligated non-profit organizations to annually submit additional reports on the sources of their funding, objectives of their expenditures, as well as information about the acquired, used and alienated property.

This was legalized despite the fact that non-profit organizations of the Kyrgyz Republic submit regular reports on an equal basis with other entities.

International standards of freedom of association also oblige States to refrain from introducing such unjustified regulations. This is stated in the joint OSCE/ODIHR and Venice Commission Guidelines on Freedom of Association, which aim to assist reaching the goal of exercising the right to freedom of association.i

Therefore, the Constitutional Court of the KR must demonstrate its steadfastness in defending and protecting constitutional guarantees, as well as checking all laws that have been adopted and entered into force on the territory of our country for compliance with the Constitution.

PA Human Rights Movement "Bir Duino – Kyrgyzstan". Should you have any questions, please, contact the lawyers of BDK- Osh, Khusanbai Saliev, regional director of Bir Duino-KR, tel.: +996 555 161 300,
Valerian Vakhitov, tel.: +996 703 407 293 , e-mail: birduinokyrgyzstan@gmail.com
i https://www.osce.org/ru/odihr/160961


Dear friends!

Dear guests of our site!
Public Association “Human Rights Movement:
“Bir Duino Kyrgyzstan” is asking you to provide sponsorship and support in the form of a material donation!


Feedback from our focus groups



Experience should be attached to a law degree

Shakhboz Latipov, 24 y.o., young lawyer: “When I came to BDK for an internship, I had no experience in legal and human rights activities. Together with experienced senior colleagues, I began to attend trials, studied documents. Gradually my supervisor Khusanbai Saliev began to trust me the preparation of documents, carefully checked them and gave practical advice. Experience comes with time and cases you work on. Every day dozens of people who need help come to us, many of them are from socially vulnerable groups: the poor, large families, elderly citizens. A lawyer in a human rights organization sometimes acts as a psychologist, it is important for him to be able to maintain professionalism and show empathy. At the end of 2019, I successfully passed the exam to get the right to start working as attorney and now I work on cases as an attorney. I turn to my colleagues for help on complex issues, they always give me their advice. This is one of the strengths of the organization: there is support and understanding here.”



Organization unites regions

Feruza Amadalieva, social worker, leader, teacher: “TOT from BDK is a great opportunity to get acquainted with participants from different regions, we continue to communicate on social media and when we meet at events, as close friends, we have such warm relations! At the events, I improved my knowledge, systematized it, clarified how to apply it in practice. I really like the training modules and the way the system of training and practice is built: role-playing games, theory, discussions. Each person expresses himself/herself. I have become a leader for other vulnerable women, I try to help them and engage them in such events.” Feruza Amadalieva is a regular participant of many BDK events, she invites the BDK lawyers to provide legal advice to vulnerable women.



I became confident

In summer of 2019, Nuriza Talantbek kyzy took an active part in conducting regional screenings of documentaries, helped with organizational issues during the campaign dedicated to the International Day in Support of Victims of Torture, participated in trips, and did the TOT on women's leadership. She used to be a migrant, worked for an NGO in Osh, and now works in Bishkek in the service industry. She calls her participation in the TOT “an invaluable experience”: “I first attended such an event, and received exactly the information that I needed, for which I am sincerely grateful to the facilitators. I experienced very difficult issues in my life, and thanks to that knowledge, I was able to overcome them, I persevered! After the TOT, I became more confident, began to better understand the essence of human rights, and learned to defend my interests.”



The defendant has passed away. The work on his rehabilitation continues.

The case of Shukurullo Kochkarov shows that work on complex cases continues for many years. After the torture he was subjected to in 2010, he became disabled. We managed to get acquittal on one of the charges; the work is ongoing on achieving his rehabilitation and recognition as a victim of torture in order for compensation to be paid. Trials continue without Shukurullo Kochkarov - he died on 2 August 2019. His interests are represented by his father, Saidaziz Kochkarov, who also has a visual disability. “For many years, we have been supported by the employees of BDK, they have been handling the case of my son, they brought him to court because he couldn’t walk on his own, they constantly help our family: my wife and I underwent rehabilitation, they have helped my son by providing him with medicines, they provide all kinds of help”.



Comprehensive support for victims of torture

Resident of the Kara-Suu district, Dilyor Jumabaev, has extensive experience in dealing with law enforcement agencies. In 2010, he was accused of possessing firearms, and thanks to the work of lawyers, he was acquitted. Two years later, his house was first searched in order to find materials of an extremist nature, but nothing was found. In 2014, he was accused of possessing extremist materials. In court, the prosecutor requested 15 years in prison; the court sentenced him to 6 years. A few years later he was released on parole. “I am grateful to the lawyers of BDK for their expert legal assistance. I participated in a rehabilitation program for victims of torture. When I encounter violations, I recommend contacting this organization.”


All rights reserved © 2020

The site is developed: http://webformat.kg