Public Association Bir Duino Kyrgyzstan submits information to be presented at the Warsaw Human Dimension Conference:
Окт 09.2024
Public Association Bir Duino Kyrgyzstan submits information to be presented at the Warsaw Human Dimension Conference:
1. Freedom of Expression: Media freedom in Kyrgyzstan has seen a marked decline, with the government enacting laws that restrict the work of journalists and limit access to independent media. A repressive legislative framework is in place that curtails the freedom to peacefully assemble, with many human rights defenders facing persecution. Kyrgyzstan has also seen a significant drop in the World Press Freedom Index, reflecting the worsening environment for free speech.
Recommendations:
Promote Freedom of Expression: The government should roll back restrictive amendments to media laws and safeguard the rights of journalists and independent media outlets. Restrictions on police filming by the public should be lifted, as these restrictions provide law enforcement with undue power and prevent the exposure of misconduct. In addition, Kyrgyzstan should release persecuted journalists and restore a climate of free speech, allowing for critical reporting and diverse viewpoints in the media.
2. Discrimination and Anti-Discrimination Legislation: Despite multiple recommendations in previous reviews, Kyrgyzstan has failed to adopt comprehensive anti-discrimination legislation that would protect vulnerable groups such as women, ethnic minorities, and people with disabilities. Discriminatory practices continue unabated, as there is no clear legal framework to address different forms of discrimination, including hate crimes and hate speech. Attempts to pass relevant laws have stalled, and existing legal protections are insufficient, leaving marginalized groups exposed to systemic inequality and limited access to justice.
Recommendations: Adopt Comprehensive Anti-Discrimination Legislation: Kyrgyzstan must urgently adopt and implement comprehensive anti-discrimination laws that provide clear protections against all forms of discrimination, including hate crimes and hate speech. This should include specific provisions to protect women, ethnic minorities, people with disabilities, and other marginalized groups, ensuring they have equal access to justice and are safeguarded from societal and institutional biases.
3. Gender Equality: Kyrgyzstan has made some progress in developing policies aimed at promoting gender equality, but significant gaps remain. Women are still underrepresented in decision-making bodies, including in parliament, despite the country’s commitment to gender quotas. Harmful stereotypes persist in public discourse, with high-profile figures sometimes blaming victims of violence for the crimes committed against them. This undermines efforts to create a gender-equal society and prevents the effective implementation of gender policies. Moreover, systemic issues like bride kidnapping and domestic violence continue to plague the country, with law enforcement often failing to take appropriate action.
Recommendations: Strengthen Gender Equality: The country must take concrete steps to fully implement its national gender strategy and address the gaps in women’s representation at all levels of decision-making. Law enforcement and judicial officials need to be trained in handling gender-based violence cases, with clear mechanisms to hold officials accountable for hate speech and victim-blaming. Effective legal and social protections must be put in place to combat issues like bride kidnapping and domestic violence, ensuring that perpetrators face justice.
4. Torture: Torture remains a serious issue in Kyrgyzstan, with law enforcement frequently resorting to abuse during detention and interrogations. Investigations into allegations of torture are often superficial, and perpetrators rarely face consequences, leading to a culture of impunity. Victims of torture face numerous barriers in seeking justice, including fear of retaliation and the lack of adequate protection mechanisms. Despite national and international commitments, including under the UN Convention Against Torture, the country’s practices continue to fall short, with many cases going unaddressed.
Recommendations:
Address Torture: The government should establish independent mechanisms to thoroughly investigate allegations of torture and hold perpetrators accountable. Victims of torture must be provided with adequate legal protection and support to pursue their cases without fear of retaliation. In line with international human rights obligations, Kyrgyzstan must take serious steps to eradicate torture within its law enforcement and detention systems, ensuring that torture is neither condoned nor ignored.
5. Freedom of Assembly: The right to peacefully assemble, while guaranteed by Kyrgyzstan’s Constitution, is severely restricted in practice. The government frequently imposes long-term bans on public gatherings, particularly in Bishkek, where assemblies are confined to specific areas. This selective enforcement disproportionately impacts protests critical of the government, while state-sponsored events are allowed to proceed without interference. Such actions violate both national laws and international human rights commitments, further limiting the civic space for citizens to express their grievances or advocate for change.
Recommendations: Support Peaceful Assembly: Kyrgyzstan should immediately revise its policies regarding the restriction of peaceful assemblies, ensuring that all citizens can exercise their constitutional right to protest without arbitrary limitations. The government must investigate and address instances where peaceful assemblies have been unlawfully restricted or suppressed, holding accountable those responsible for these violations. Further reforms should focus on creating an environment where civic engagement and peaceful protests are respected and protected in accordance with both national laws and international human rights standards.
6. Sexual Violence Against Women and Girls
1. Sexual Violence Against Women and Girls: Sexual violence remains prevalent, with underreporting due to societal stigma and a lack of trust in justice systems. Current legal frameworks fail to define rape based on lack of consent, allowing many perpetrators to escape accountability.
2. Inadequate Legal Framework: Kyrgyzstan’s laws on sexual violence are not aligned with international standards, especially concerning non-consensual acts and marital rape.
3. Gender Stereotyping: Gender stereotyping within law enforcement and judicial systems leads to victim-blaming and poor handling of sexual violence cases.
4. Vulnerabilities of Women with Disabilities: Women and girls with disabilities face significant barriers in accessing justice due to discriminatory perceptions and burdensome evidentiary requirements.
5. Child and Forced Marriages: Harmful practices like child marriage and bride kidnapping remain widespread, driven by cultural norms and economic pressures.
Recommendations:
1. Legal Reforms:
- Introduce a consent-based definition of rape in line with international standards.
- Set the minimum age of marriage at 18 without exceptions.
- Explicitly criminalize rape within marriages or intimate relationships.
2. Investigation and Prosecution:
- Remove discriminatory investigation procedures and ensure that all sexual violence cases are handled with a victim-centered approach.
- Ensure mental health evaluations of victims are only conducted when necessary and not used to discredit testimony.
3. Training for Law Enforcement:
- Provide comprehensive training for justice professionals on gender-sensitive approaches, focusing on sexual violence and forced marriage.
4. Data Collection:
- Improve data collection on violence against women and girls, disaggregated by age, disability, ethnicity, and other factors, to better inform policy and prevention strategies.
Public Association Bir Duino Kyrgyzstan
Contact person: Lira Ismailova (Asylbek), Coalition for Equality
