Joint statement of the participants of the Central Asian Regional Civil Society Expert Seminar for the OSCE Ministerial Conference in Malta December 3 - 6, 2024

Дек 02.2024

Dear Members of the OSCE Ministerial Council!

We, the participants of the Regional Expert Seminar of Representatives of Civil Society Organizations, held on 26-27 November 2024 in Almaty, Kazakhstan, express our deep concern at the alarming deterioration of the human rights situation[1] and the importance of respecting gender inclusiveness[2] in labor rights[3]  and shrinking civic space[4] in the context of adaptation to global climate crises in Central Asia[5].

As a result, repression by the authorities, lack of access to resources and justice, undermine the peaceful and successful development of the economy[6] and citizens' trust in the authorities of countries in the face of new risks and disasters, including environmental disasters that are growing due to predatory business and corruption[7]. Climate change can pose threats to the sustainability of democratic institutions and regional stability[8]. This is reflected in the 2007 OSCE Madrid Document, where the OSCE emphasizes its role in addressing these issues within the security framework under Chapter VIII of the UN Charter, offering a complementary contribution to combating climate challenges. Also the UN Framework Convention on Climate Change (UNFCCC), the Reports of the UN Special Rapporteur on Human Rights and the Environment, the Cancun Agreement (2010) and the OSCE Handbook on Human Rights and the Environment emphasize the link between climate crises and human rights[9].

We believe that the reasons for the decline of democracy in our region are the failure of our states to adequately address the most serious problems of society[10] in adaptation to global climate crises[11], including economic inequality, resulting in a regression of human rights in our countries[12].

The systemic impunity of officials has led to increased levels of violence, war crimes and aggression by Russia in Ukraine[13], as well as the spread of religious radicalism and the influence of the Taliban in the Central Asian region[14], As a result, there is a growing distrust of international institutions, the OSCE and the UN.

The main documents aimed at eliminating discrimination against women in all spheres of life on gender inclusion and equality are the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the 2030 Agenda for Sustainable Development on Gender Equality and the Empowerment of Women and Girls. Strategic goals and measures to achieve gender equality are reflected in the Beijing Platform for Action (1995).  UN Security Council Resolution 1325 (2000) on women, peace and security recognizes the importance of women's participation in peace and security processes, and the Istanbul Convention (2011) is an important instrument to prevent and combat violence against women and domestic violence.

Recommendations to the authorities:

  • It is important to ensure the realization of freedom of association and civic space[15] for transparency and accountable governance development of multi-stakeholder dialog between civil society and authorities[16];
  • Promote coherence and consistency in the response to the shrinking civic space in CA countries. We call for a unified and principled response to uphold democratic values and protect civil society[17];
  • Utilize the status and capabilities of International Financial Institutions (IFIs) to protect civic space. To this end, we recommend that OSCE participating States[18] Use its influence to include development banks and international financial institutions in projects[19] in the implementation of provisions on the protection of civic space and ensure the active involvement of local CSOs in the planning, implementation and evaluation of funded projects, it is important to pay special attention to the localization of projects of financial institutions at the local level with the participation of the needs and requirements of local communities living in risk and disaster situations;
  • Establish a clear legislative framework of regulations, including adoption and updating of laws, integration of international standards (CEDAW, Istanbul Convention, OSCE) into national legislation[20];
  • Promote in Central Asian countries the adoption of comprehensive anti-discrimination laws, with all possible grounds of discrimination included, inter alia gender, and follow up their implementation. Legislation against all forms of gender-based violence and ensuring the inevitability of punishment for such crimes also require special attention.

Recommendations for the OSCE Partners:

  • Strengthen the OSCE field offices in the countries of the CA region and the roles of the Ombudsman Institute and other national human rights mechanisms and bring them in line with the requirements of the Paris Principles and the OSCE's three baskets;
  • Call on CA countries to respect freedom of association for trade unions and, in line with ILO Convention 87, to exercise their right to form trade union organizations without prior authorization;
  • Call for the eradication of violence and harassment at work in accordance with ILO Convention 190 and enshrine the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment;
  • Expand networks of crisis centers to support survivors and vulnerable groups, safe havens for victims of violence and strengthen protection of the rights of women and girls with disabilities;
  • Ensure public monitoring to educate and engage women in educational programs on gender-based violence and non-discrimination in schools and universities and ensure women's right to participate in public affairs, including by introducing gender quotas (50%) in all branches of government.
  • Establish an inter-state platform for monitoring the implementation of commitments by Central Asian states, including representatives of civil society, international organizations and national ombudsmen, with regular publication of reports and analysis of progress, joining joint efforts to combat systemic impunity[21].

 

Recommendations for donors on development:

 

  • Create the necessary conditions for localization of international donors' development projects and develop a unified strategy of aid conditionality, establishing clear criteria and conducting regular assessments of transparency, accountability and compliance of Central Asian governments with international human rights obligations[22] as a prerequisite for the promotion of the UN Guiding Principles on Business and Human Rights[23]
  • Develop and implement training programs for women and girls to strengthen leadership, political participation skills, and advocacy for their rights, with a focus on localizing UN Security Council Resolution 1325. Programs should be available in national languages and be regionally specific.
  • Introduce mandatory environmental and social due diligence for all International Financial Institutions (IFIs) projects implemented in the region, with the inclusion of local communities in the assessment process[24]. Special attention should be paid to projects that impact human rights and natural resources.
  • Prepare a comprehensive plan to respond to violence, including:
  • Establishment of specialized medical, legal and psychological support centers for victims.
  • Opening 24-hour hotlines for victims.
  • Formation of mobile rapid response teams to respond to cases of violence, especially in remote regions.
  • Establish special programs for the integration of persons with disabilities, including mandatory quotas for their participation in public, educational and professional spheres. Introduce mechanisms to protect the rights of children and adults with disabilities within the framework of national strategies.
  • Organize regular meetings (at least twice a year) between representatives of the OSCE, the UN, the EU and Central Asian countries to discuss progress in the implementation of recommendations, based on an analysis of problems in the implementation of human dimension commitments and to facilitate the exchange of best practices among the countries of the OSCE region.

 

 

If you have any questions, please contact the Executive Director of Bir Duino Kyrgyzstan Murat Karypov: birduinokyrgyzstan@gmail.com, m.karypov@gmail.com, +996 (772) 163-229, +996555422222



[1] https://monitor.civicus.org

[2] https://www.ohchr.org/en/civic-space

[3] https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf

[4] https://civic-forum.eu/civic-space-report-2024

[5] https://birduino.kg/en/press/report-on-the-results-of-the-project-view-from-the-frontline-(vfl)-conducted-by-the-human-rights-movement-bir-duino-kyrgyzstan-in-partnership-with-the-public-association-ayil-demilgesi

[6] https://docs.google.com/document/d/1qO6ZoGL4idQSNhsYADAZ4uFN7wuTfNgi/edit?usp=sharing&ouid=116371988445374102758&rtpof=true&sd=true

[7] https://oper.kaktus.media/doc/344242_gde_v_kyrgyzstane_opasno_jit_i_nahoditsia_karta.html

[8] https://forum-asia.org/wp-content/uploads/2022/11/Justice-in-Waiting-_-Report-_-EN.pdf

[9] https://www.ohchr.org/en/documents/thematic-reports/ahrc5731-civil-society-space

[10] https://birduino.kg/pressaru/naczionalnyij-otchet-pravozashhitnogo-dvizheniya-%C2%ABbir-dujno-kyirgyizstan%C2%BB-po-proektu-%C2%ABvzglyad-s-peredovoj%C2%BB-analiz-dannyix-i-osnovnyie-rezultatyi

[11] https://birduino.kg/pressaru/kanczleru-federativnoj-respubliki-germaniya-g-nu-olafu-sholczu

[12] https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2024)033-e

[13] https://www.youtube.com/watch?v=xrt4weMxOUQ

[14] https://birduino.kg/pressaru/01-dekabrya-2021,-stokgolm,-shvecziya-parallelnaya-konferencziya-grazhdanskoj-platformyi-solidarnosti-pri-obse

[15] https://euobserver.com/eu-and-the-world/ar6e8d4392

[16] https://birduino.kg/pressaru/obshhestvennoe-obedinenie-bir-dujno-kyirgyizstan-inicziirovalo-sudebnyie-razbiratelstva-v-zashhitu-konstituczionnogo-prava-na-svobodu-obedinenij-i-realizacziyu-grazhdanami-prava-uchastvovat-v-upravlenii-delami-obshhestva-i-gosudarstva

[17] https://2706.capsunlock.org/files/Strategic_autonomy_for_Central_Asia_booklet.pdf

[18] https://www.osce.org/permanent-council/576522

[19] https://birduino.kg/pressaru/otkryitoe-obrashhenie-komandyi-bir-dujno-kyirgyizstan-v-xode-ezhegodnoj-vstrechi-ebrr-s-grazhdanskim-obshhestvom-g.erevan,-armeniya-14-17-maya-2024-g

[20] https://euobserver.com/eu-and-the-world/ar6e8d4392

[21] https://www.pgaction.org/ilhr/rome-statute/global-initiative-againsty-impunity/video-global-initiative-against-impunity.html

[22] https://iphronline.org/articles/kyrgyzstan-reports-for-un-review-highlight-backsliding-on-civic-freedoms-justice-sector-challenges-and-persistent-torture/

[23] https://www.undp.org/ru/kyrgyzstan/stories/rukovodyaschie-principy-oon-predprinimatelskoy-deyatelnosti-v-aspekte-prav-cheloveka

[24] https://forum-asia.org/wp-content/uploads/2023/12/OYL-Kyrgyzstan.pdf

 

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Feedback from our focus groups

SHAKHBOZ LATIPOV

SHAKHBOZ LATIPOV

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.”

FERUZA AMADALIEVA

FERUZA AMADALIEVA

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.

NURIZA TALANTBEK KYZY

NURIZA TALANTBEK KYZY

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.”

SHUKURULLO KOCHKAROV

SHUKURULLO KOCHKAROV

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”.

DILYOR JUMABAEV

DILYOR JUMABAEV

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.”

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