On October 7, 2024, in Warsaw, Poland, at the international platform of the OSCE ODIHR[1] Annual Human Dimension Meeting, a side-event on the topic “Civic Space in Central Asia: Strategic Opportunities for Achieving Justice in the OSCE Region” was organized by the public association “Bir Duino Kyrgyzstan” in partnership with the International Federation for Human Rights (FIDH), “Civic Solidarity Platform”, “Kazakhstan Human Rights Bureau”, “Coalition for Human Rights in Development” and “Equality Now” on the basis of the Helsinki Principles and promotion of horizontal leadership.

Opening the side-event Tolekan Ismailova noted the importance of multilateral and inclusive dialogue between experts from civil society organizations to develop key recommendations to countries in the OSCE region to analyze and improve the situation of human rights and freedoms in a changing world and global disaster risks[2].

The moderator of the event, one of the leading journalists of the Kyrgyz Republic, co-founder of the digital information resource Kloop Media Rinat Tukhvatshin outlined the most priority issues for each of the speakers, noting the tendencies in Central Asian countries to narrow the space for the activities of public and non-profit organizations[3].

Yevgeniy Zhovtis, head of the Kazakhstan International Bureau for Human Rights, an expert on human rights in Central Asia and Eastern Europe, emphasized in his report that human rights in the modern world are hostage to geopolitical and domestic political contexts[4]. The geopolitical context for Central Asia in this sense is not the most favorable, as the region is located between Russia and China, two totalitarian superpowers that actively use their legislation, institutions and law enforcement practices against their political opponents, journalists, human rights defenders, civil activists and organizations, which is reinforced by the activities of regional organizations such as the SCO and the CSTO. He also emphasized that the first international conference[5] on key challenges to civil society in Central Asia[6] was held on August 28-29, 2023 in Almaty, Kazakhstan, to discuss the impact of the Russian-Ukrainian war on a region geopolitically located between Russia, China and the West[7]. 

Mark Fodor, campaign coordinator of the Coalition for Human Rights in Development[8], emphasized in his online presentation the need for step-by-step communication between civil society and the authorities despite the increasing pressure on freedom of association, because the more pressure on the civil sector, the more systemic risks arise for the state itself and the institutions of the government are directly responsible to the population and must be accountable. According to Mark Fodor, in this regard, it is important to expand opportunities for the involvement of civil society organizations in decision-making and policy-making processes at all levels of government, which will also allow for the creation of new and effective development projects. At the same time, it is important to pay attention to the participation of representatives of development banks in the dialog between the government and society, since they form the investment environment of the state and their opinion largely determines the adoption of decisions affecting the activities of NGOs[9].

Natalia Morozova, Head of the Eastern Europe and Central Asia Office of the International Federation for Human Rights (FIDH)[10], in her presentation noted that the Constitutional Court of the Kyrgyz Republic rejected Bir Duino's claim to declare unconstitutional the new provisions of the Law on Foreign Representatives[11], which is the last national mechanism to protect human rights and the next step is to appeal to the UN Human Rights Committee[12]. Natalia Morozova drew an analogy with the Russian law, which was aimed at eradicating civil society in Russia, where the Foreign Agents Law was initially used by the authorities to close down unwanted NGOs and later extended to media outlets and even individuals. Despite numerous applications to the European Court of Human Rights, the list of foreign agents in the Russian Federation currently includes 860 positions, of which more than 400 are ordinary citizens. According to the Russian legislation, imposing more than 2 fines on foreign agents entails initiation of criminal proceedings and 26 cases have already been initiated, while the very label that organizations belong to foreign funding is a tool for manipulating public opinion and limiting the right to freedom of peaceful assembly. Natalia Morozova stressed that the Law on Foreign Agents in the Russian Federation came into force after the Russian side withdrew from the ECHR and by December 2021, against the background of the beginning of a full-scale invasion of Ukraine, one of the first NGOs to be liquidated was the Human Rights Center Memorial[13], which was engaged in documenting war crimes. 

Bakhytzhan Toregozhina[14], a human rights activist and head of the public initiative “Kantar 2022”, in her report outlined the importance of creating the institution of the Human Rights Ombudsman, which was designed to protect human rights from encroachments by government officials, ensure the development of legislation and law enforcement practices, and develop and implement educational programs. But in reality the situation is different, according to Bakhytzhan Toregozhina, the Ombudsman in Kazakhstan is more an official than a human rights defender, he does not enjoy the trust of citizens, and all the work of the National Center for Human Rights (NCHR) headed by the Ombudsman raises many questions: do they understand their mission as human rights defenders, what do they do and do they really stand guard over the observance of human rights and freedoms? The expert analyzed the work of the last two Ombudsmen: Elvira Azimova and Artur Lastayev, which clearly showed that the level of trust among the population in the Human Rights Ombudsman Institute has declined and systemic reforms are needed to increase the transparency and accountability of the Ombudsman to citizens.

Daryana Gryaznova, Eurasia Legal Advisor at Equality Now[15], spoke in detail to the participants of the site-vent about the main areas of work being done to protect the rights of women and girls, to stop harmful practices, sexualized violence and exploitation. The expert noted the gaps and imperfections in the legislation of Eurasian countries in providing necessary access to victims of violence, especially among women and girls with disabilities. As the results and achievements of her activities, Daryana Gryaznova noted the presentation of a study on “Sexualized violence and disability in Kyrgyzstan”[16], which is presented in May 2023. which will be presented in May 2023 and the preparation of reports to international and regional UN human rights mechanisms such as the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of Persons with Disabilities, the Committee on the Rights of the Child and the Universal Periodic Review (UPR). Equality Now's future work includes publishing two reports on “Access to Justice for Women and Girls with Disabilities Survivors of Sexualized Violence in Central Asia” (Kazakhstan, Kyrgyzstan, Uzbekistan) and “Effective Investigation, Prosecution and Adjudication of Sexualized Violence Cases with a Special Focus on Survivors with Disabilities: A Guide for Kyrgyzstan”, as well as informing on the activities of the Eurasian Network against Sexualized Violence.

Executive Director of Bir Duino Kyrgyzstan Murat Karypov in his speech on “Uniting efforts to prevent risks and disasters in Central Asia from local to global level” noted the importance of joint public campaigns to protect the rights of citizens based on the UN Guiding Principles “Business and Human Rights” and the strategy of the “Global Association for Disaster Risk Reduction” (GNDR).

Key findings and recommendations of the experts:

1. Through all possible diplomatic mechanisms to promote that the national legislation of the Kyrgyz Republic complies with the Constitution and international principles of human rights and freedoms, within the framework of which Kyrgyzstan is obliged to respect the fundamental rights of citizens.

2. The countries of Central Asia should be perceived as part of the broader concept of European security and cooperation. Central Asia is the only landlocked region in the world. Therefore, the prospects for economic development are highly dependent on geopolitical factors such as the policies of China and Russia, as well as the political and security situation in countries such as Afghanistan;

3. The three “baskets” of the Helsinki Accords on the eve of the 50th anniversary of their adoption, namely security, economic development, environment and the human dimension (development of democracy, rule of law and respect for human rights) should be considered as a whole, since, for example, respect for human rights and security depend on each other. And civil societies in the countries of the region should be involved in discussions on the implementation of commitments under all three baskets, as equal actors with governments;

4. Central Asia faces a growing rift between the norms of inclusive government and the power of elites, leading to an erosion of democracy. Repressive Russian-influenced legislation limits the role of civil society. Human rights are jeopardized by restrictive laws and the excessive influence of security forces. Basic freedoms such as freedom of speech, association and assembly are restricted and critics are persecuted. The civil rights situation in Kyrgyzstan is deteriorating, and reforms in Kazakhstan and Uzbekistan are accompanied by persistent repression. Authoritarianism is deepening in Turkmenistan and Tajikistan. Gender equality is being violated and minority rights are under threat. Respect for basic human rights and rule of law standards must be a condition for substantial economic and political gains. Gender equality should be prioritized, organizations fighting inequality should be supported, resources should be allocated for policy change, and a network of experts on regional development and human rights should be established;

5. Climate change in Central Asia is causing significant environmental and social problems, including shrinking glaciers, diminishing water resources and security threats from “uranium tailings”. These changes affect agriculture, migration and people's livelihoods. Regional cooperation and government efforts are critical but require more rapid implementation. In addition, addressing climate change is linked to human rights, gender equality and civic participation, but in Central Asia it faces constraints such as censorship and repression. Economic investment must therefore contribute to sustainable modernization. It is also necessary to ensure unhindered access to environmental information and allocate the necessary resources to ensure environmental security;

6. Laws on foreign agents or versions of them adopted in Central Asian countries pose a particular threat to civil society organizations defending the rights of minorities and vulnerable groups. Unlike large organizations such as the media, which can protect themselves by changing location or other methods, activist groups and NPOs often find themselves defenseless against such repressive legislation;

7. Involvement in joint work with development banks shows that there are alternative ways to influence autocratic regimes and improve the situation with the rights and freedoms of citizens in the Central Asian region.

All experts and the “Civic Solidarity Platform”[17] following the OSCE Human Dimension Conference in Warsaw[18] are preparing for the Ministerial Conference and a parallel civil society conference of the OSCE region, expressing support[19] for the initiatives of both Malta and Finland for 2025. “We can support Ukraine and other countries in neighboring regions through various OSCE institutions and instruments. That is why strengthening the operational capacity of the Organization is of great importance to us,” said Finnish Foreign Minister Elina Valtonen. “The Chairmanship will extend its good offices whenever and wherever they are needed, and we look forward to co-operating and seeking opportunities with all participating States seeking to enhance their co-operation with the OSCE,” the Minister added. Finland will emphasize issues such as cyber security, media freedom and literacy, support for human rights defenders and climate security, which are integral to resilient societies. Throughout the year, Finland will focus on gender equality and inclusion. This includes strengthening engagement with civil society, especially youth and people with disabilities. In the politico-military sphere, Finland will also chair the Forum for Security Co-operation during the last trimester of 2025[20].

If you have any questions, please contact Bir Duino Kyrgyzstan team: birduinokyrgyzstan@gmail.com, m.karypov@gmail.com, +996555422222