19 May 2020

To: the Toraga of the Jogorku Kenesh of the Kyrgyz Republic

Mr. D.A. Dzhumabekov

Copy: all the deputies of the JK KR

Dear Dastanbek Artisbekovich,

The Human Rights Movement “Bir Duino-Kyrgyzstan” together with the solidarity network calls on deputies of the Jogorku Kenesh of the Kyrgyz Republic to withdraw the draft law of the Kyrgyz Republic “On Amending Some Legislative Acts of the Kyrgyz Republic (Laws of the Kyrgyz Republic “On NonProfit Organizations”, “On State Registration of Legal Entities, Branches (Representative Offices)”)” initiated by the Jogorku Kenesh Committee on Social Issues, Education, Science, Culture and Health.

According to the legal analysis of the provisions of the draft for compliance with the Constitution and international human rights standards, the structural elements of the draft contradict generally recognized principles and norms of international law, as well as constitutional guarantees and the legislative framework of the Kyrgyz Republic.1

Consideration of the draft law on 22 May 2020, during the COVID-19 pandemic, violates the United Nations Call to Action for Human Rights during the pandemic aiming to put human rights at the forefront of the United Nations activities, including in times of crisis.

The parliamentary hearings initiated by the Committee of the Jogorku Kenesh are planned in violation of the decisions of the Government of the Kyrgyz Republic made during the COVID-19 pandemic and the decisions of the Republican Headquarters for the Prevention of the Spread of COVID-19 during the emergency situation and quarantine, which restrict the movement of citizens along the territory of the Republic, as well as in violation of the Sanitary and Epidemiological Requirements to Prevent the Spread of Coronavirus Infection (COVID-19).

Due to the impossibility of movement, the parliamentary hearings on 22 May 2020 will be aimed at restricting the constitutional rights of citizens to access information and the opportunity for citizens to participate in the discussion of the proposed draft law, discriminating against activists of CSOs from different regions of the Republic, narrowing the space for equal participation of citizens in the decisionmaking process at all authority levels.

During the COVID-19 pandemic, the UN calls on states to respect and protect, among other rights, the right to freedom of expression and the press, freedom of information, freedom of association and assembly, this is evidenced by the repeated appeals of the President of the Kyrgyz Republic S. Jeenbekov and the Republican Headquarters.

The Secretary-General emphasized that: “The human rights system helps us to meet the challenges, opportunities and needs of the 21st century; to reconstruct relations between people and leaders; and to achieve the global stability, solidarity, pluralism and inclusion on which we all depend. It points to the ways in which we can transform hope into concrete action with real impact on people’s lives. It must never be a pretext for power or politics; it is above both”.

During this crisis period, non-profit organizations demonstrated their mobility, solidarity, transparency, and commitment to the principles of protecting human rights. Cooperating with the state, they provided significant assistance to the most disadvantaged, vulnerable groups of the population, social and closed institutions of Kyrgyzstan. They continue to assist local authorities to enable them to find a decent exit out of the pandemic crisis. We all need to stay together to solve the deeper crises and challenges of the postpandemic period in the country. The civil society organizations have a key role to play in this.

The HRM “Bir Duino-Kyrgyzstan” and partners of the solidarity network urge deputies of the Jogorku Kenesh of the Kyrgyz Republic to withdraw the proposed draft law of the KR, which is aimed against the freedom of association in the Kyrgyz Republic, contradicts the international standards and the Constitution of the KR, aims to create artificial barriers, corruption control mechanisms, and bureaucracy.

We are committed to the universal values of human rights and freedoms in the Kyrgyz Republic; we are open to partnership and cooperation with key decision-makers and authorities at all levels to solve socially significant problems in the society.

We are accountable to and controlled by the focus groups that we work with, the society, by publishing annual independent audit findings on social networks, promoting the principles of good governance and high standards of financial management.

We believe that withdrawal of this draft law will restore confidence, and we will develop the parliamentary system in Kyrgyzstan together.

For further information, please, contact the HRM “Bir Duino-Kyrgyzstan” via e-mail:

birduinokyrgyzstan@gmail.com, or tel.: + 996 312 665721, + 996 550 184095.

Кыргыз Республикасы, Бишкек ш., 720001, Чүй пр. 207/29А, тел/факс: (+996 312) 66 57 21, e-mail: birduinokyrgyzstan@gmail.com Кыргызская Республика, 720001, г. Бишкек, пр. Чуй 207/29А, тел/факс: (+996 312) 66 57 21, e-mail: birduinokyrgyzstan@gmail.com 207/29А Chui Avenue, Bishkek, Kyrgyz Republic, 720001, tel/fax: (+996 312) 66 57 21, e-mail: birduinokyrgyzstan@gmail.com www.birduino.kg