Results of participation of the member organizations of the International Federation for Human Rights (FIDH) in the OSCE / ODIHR Human Dimension Implementation Meeting: of Human Rights Movement «Bir Duino Kyrgyzstan»,  of Legal Clinic «Adilet» and of the Center on Human Rights Protection «Kylym Shamy»

OSCE / ODIHR Human Dimension Implementation Meeting was held from September 11 to 22, 2017 in Warsaw. Human Rights Movement «Bir Duino Kyrgyzstan», Legal Clinic «Adilet» and the Center on Human Rights Protection «Kylym Shamy» members of International Federation for Human Rights (FIDH) participated in the meeting.

Human Dimension Implementation Meeting (HDIM) of the OSCE member states is the largest yearly conference on human rights and democracy in Europe. The meeting is organized by the OSCE Bureau on democratic institutes and human rights (ODIHR) as a platform for 57 OSCE member states, OSCE partners on cooperation, OSCE bodies, civil society, international organizations and other    relevant actors gathered to monitor the implementation of OSCE commitments in the human dimension, to discuss related problems, to share best practices and recommendations for further improvement.

Representatives of our organizations participated in the working session on compliance by member states with OSCE commitments related to:

• Basic freedoms;
• Tolerance and non-discrimination;
• The rule of law;
• Economic, social and cultural rights.

During the plenary sessions and site-events individual member states of the OSCE and the international community presented speeches and recommendations necessary for the implementation by Kyrgyzstan. On 19^th of September, 2017 affiliated organizations took part in three site-events: Kyrgyzstan: "The situation with human rights is aggravated on the eve of presidential elections", "Issues of torture and ill-treatment in closed institutions of Central Asian countries", "The right to work without gender discrimination."

All the recommendations (See the Annex) that we voiced at the Human Dimension Meeting will be forwarded to the state bodies responsible for fulfilling OSCE commitments. Jogorku Kenesh of Kyrgyz Republic, Government of the Kyrgyz Republic, relevant Ministries, the General Prosecutor's Office of the Kyrgyz Republic, the State National Security Committee, and also the headquarters of the candidates for the presidency of the Kyrgyz Republic.

Contacts of organizations:

Public Movement «Bir Duino Kyrgyzstan»: 0312 383330, birduinokyrgyzstan@gmail.com;

Center on Human Rights Protection «Kylym Shamy»

0312 64 40 19,  abdirasulova@gmail.com

Legal Clinic «Adilet»: 0312 392297, lc.adilet@gmail.com

Annex.

Recommendations on the results of participation in working sessions and site-events:

1. I.              Basic Freedoms

1. To return back to Kyrgyz Republic the OSCE status of 1992,as the initiatives announced by the new government of the Kyrgyz Republic need to implement the third OSCE basket, as the rights and freedoms and respect for human dignity for fulfilling both the political and economic obligations of the Kyrgyz Republic to the OSCE;
2. To follow the values and commitments of the OSCE and international Conventions mandatory for implementation by the authorities of the country;
3. It is necessary to organize together with the OSCE Center in Bishkek a series of national consultations to implement the 664 recommendations of the UN Human Rights Committees for the development of the National Plan of the Kyrgyz Republic on their implementation;
4. To urge Kyrgyzstan to implement the UN Decisions on individual complaints about violation of the rights of citizens;
5. To ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights;
6. To ratify the Convention on Human Rights of persons with disabilities;
7. The Optional Protocol to the Convention on Human Rights of persons with disabilities
8. Third Optional Protocol to the Convention on Children’s Rights (communicative procedure), on the experience of vulnerable children;
9. To ratify the International Convention for the Protection of All Persons from Enforced Disappearance (consequences of conflicts, as June 2010);
10. To JK KR: to adopt comprehensive legislation on "Equality and non-discrimination", to hold broad consultations within KR, to involve international experts in its development and adoption in accordance with the Declaration on the Principles of Equality;
11. To remove administrative barriers on the registration of observers from non-profit organizations in elections aimed at limiting their participation in the independent monitoring of elections.

Citizens’ right to the freedom of peaceful assembly:

1. To ensure strict observance of the Law of the Kyrgyz Republic "On Peaceful Assembly" by law enforcement bodies and local self-government bodies, including the OSCE commitments to freedom of peaceful assembly and rallies, to observe the Commitments on freedom of peaceful assembly and human rights standards, the OSCE Copenhagen Document 1990): "Everyone has the right to peaceful assembly and demonstrations. Any restrictions that may be imposed on the exercise of these rights are prescribed by law and are in accordance with international standards ";
2. To urge Kyrgyzstan for respect of human rights for freedom of assembly, and to stop the practice of intimidation and detention of participants in peaceful assemblies;
3. To cancel the decision of Pervomai Court made on July 28, 2017;
4. To ensure strict observance of the realization of the constitutional right of citizens to peaceful assemblies;
5. Together with experts from the OSCE / ODIHR and the OSCE Academy, to initiate a training component on the use of guidelines on the implementation of the right to freedom of assembly by representatives of law enforcement and other authorities, local self-government bodies, courts of the Kyrgyz Republic and other interested parties;
6. To ensure thorough consideration of applications from local authorities, law enforcement agencies, citizens and their proposed grounds for applying restrictions and banning peaceful assemblies from the point of view of their validity;
7. For the courts to deny the practice of making decisions on the prohibition of peaceful assembly outside the buildings of state bodies, which entail limiting peaceful assemblies in Kyrgyzstan.

II. Access to justice

1. Reform of the judicial system is necessary, in order to ensure access to fair justice of citizens, guaranteeing its independence and independence of judges;
2. To ensure the openness of the courts, to open equal access to politics and to resources without discrimination and to stop using state media to strengthen the hate speech by officials of all levels;
3. To assist in speeding up the reform of the security sector: the SCNS of the KR, the Ministry of Internal Affairs of the KR, the Ministry of Defense, with gender equality;
4. At all stages of justice, law enforcement officials and the judiciary provide victims with respect on the principles of equality, ethics and non-discrimination in accordance with the recommendations of the Committee on the Elimination of Discrimination against Women;
5. Approval of the action plan for the implementation of the standards of the Istanbul Protocol for 2017-2020, aimed at improving the investigation of alleged cases of torture and ill-treatment;
6. Introduction of a specialized juvenile court in accordance with article 88 of the Children's Code;
7. Implementation of systematic training for staff working in the juvenile justice system;
8. To ensure the independence and security of lawyers and public defenders;
9. To provide an opportunity for civil society in the Kyrgyz Republic to conduct broad monitoring in closed institutions of the Kyrgyz Republic on an ongoing basis;

Access to justice to Azimzhan Askarov, human rights defender

Given the state of Askarov’s health within the framework of humanitarian considerations, we urge on the new members of the Government of the KR headed by Mr. Sapar Isakov,  the Prime Minister of the Kyrgyz Republic, to return to the implementation of the recommendations of the UN Committee on Human Rights, who recognized Askarov as a victim of torture and unlawful detention, immediately releasing him from his place of deprivation freedom.

Access to fair justice to Tolekan Ismailova, Aziza Abdirasulova, Cholpon Dzhakupova and Rita Karasartova, human rights defenders

1. To revoke unlawful lawsuits against human rights defenders and journalists, to lift the prohibitions on entry, exit and arrest on the property of independent media, journalists, human rights defenders and international experts;
2. State bodies including law enforcement structures, officials should refrain from any intimidating or repressive actions that take the form of threats, or intimidation against human rights defenders. State authorities and their officials must openly condemn such actions and show them absolute intolerance. State bodies are obliged to be guided in daily work by the OSCE Guiding Principles on the Protection of Human Rights Defenders;
3. In the case of the state officials, other entities committing any unlawful acts against human rights defenders, the authorities should immediately conduct a thorough and transparent independent investigation of what happened. Investigations must be effective and lead to the prosecution of those who are guilty;
4. The state must guarantee full observance of the principle of the rule of law and the independence of the judiciary. Following is necessary for its implementation:

- To carry out reforms in this direction, so as to ensure the security of human rights defenders so that not a single violation of the rights of officials and other persons against human rights defenders will be left unpunished,;

-To prevent human rights defenders from politically motivated harassment or any other unreasonable harassment because of their human rights activities.

5. Human rights defenders should not be subjected to legal persecution, unlawful judicial or administrative proceedings, or any abuse of administrative or judicial power, as well as arbitrary search of their offices, living quarters, arrest, detention and other sanctions for actions related to their human rights activities;

6. The state must ensure the protection of the physical and personal integrity of human rights defenders in court proceedings;

7. Lawyers engaged in human rights activities should not be subjected to intimidation or reprisals, threats to deprive them of the right to practice as lawyers for their efforts to protect human rights or protect human rights defenders. They must be effectively protected against pressure from state or other entities;

8. Officials of state bodies should stop discrediting human rights defenders and their human rights activities, refrain in their public statements from hanging negative labels or slander in one form or another.

      They must publicly acknowledge the importance of the work of human rights defenders and the need to protect them, as well as to talk about the merits of specific human rights defenders, thereby enhancing the legitimacy and status of human rights activities in the public eye;

9. The state should develop active and constructive interaction with human rights defenders, increase their participation in public life, and in public discussions. It is necessary to recognize the importance and usefulness of the work of human rights defenders, to promote a permanent dialogue between human rights defenders and the state bodies.

Recommendations to international organizations on the protection of human rights defenders

1. International human rights organizations shall continue effective monitoring of the situation of human rights defenders, drawing attention to Kyrgyzstan, where defamation of human rights defenders and human rights activities has recently intensified. Among some representatives of civil servants, political scientists, experts and youth, anti-Western sentiments and spy mania are observed. To apply the OSCE Guidelines on the protection of the rights of human rights defenders in work with Kyrgyz officials;
2. To develop projects to raise public awareness of the work of human rights defenders, with a view to creating a system that, in the event of a threat, would help mobilize broad support and protect advocates. For this purpose, to include qualified journalists of human rights defenders at the local level, the media, etc., to provide for the production of printed materials on the activities of human rights defenders, leaflets, booklets, reports in campaigns dedicated to human rights defenders, especially to support women human rights defenders;
3. One of the important channels for delivering information to different target audiences is Internet. To this end, it is necessary to envisage the creation of a specialized website dedicated to the protection of human rights defenders in Kyrgyzstan, for the exchange of experience, information, recommendations on the protection of human rights defenders, targeted at different social and professional groups - activists themselves, media representatives, parliamentarians, youth, citizens;
4. The strategy of working with foreign structures in the field of protection of human rights defenders must take into account the growing anti-Western sentiments and spy mania spread among the representatives of the Russian authorities. In our opinion, in these conditions, the emphasis in public work at the international level should be given to intergovernmental organizations (the UN, the Council of Europe, the EU), interaction with the missions of individual foreign states should in our view be less public.

Persecution of journalists

We address the OSCE in light of the coverage of flagrant violations by the judiciary:

1. To monitor the court cases, in particular those related to harassment of human rights defenders, journalists and the media in the Kyrgyz Republic;

2. To urge Kyrgyzstan to stop the persecution of human rights defenders, journalists and the media;

3. To urge the Kyrgyz authorities to comply with their international obligations to ensure human rights for freedom of speech.

Access to justice of citizens accused of extremism, terrorism:

1. To exclude Article 299-2 of the current Criminal Code of the Kyrgyz Republic, and Article 315 of the new Criminal Code of the Kyrgyz Republic, which will enter into force in 2019, as violating human rights contrary to the Constitution of the Kyrgyz Republic;

1. To require the execution of Article 13 of the Law of the Kyrgyz Republic of August 17, 2005, No. 150 "On Countering Extremist Activity" on the recognition of information materials as extremist only by a court decision, and not in accordance with the conclusion of religious studies of the State Commission for Religious Affairs.
2.  The OSCE ODIHR shall establish an expert working group to develop guidelines for OSCE countries to draft a law on "Countering and Preventing Terrorism and Extremism", taking into account respect for human rights while countering terrorism and extremism;
3.  To urge Kyrgyzstan to respect the rights of detainees on charges of terrorism and extremism for a fair and open trial, for advocacy, and freedom from torture.
4.  To urge Kyrgyzstan to respect human rights, provided that it is fighting terrorism and conducting special operations to counter terrorism.
5. The state, religious organizations and civil society need to achieve coordinated and effective decisions to prevent religious radicalism among women in the local community, to reach a consensus on wearing hijab, obtaining education, regulating family and hereditary relations in  Muslim families.

Reform of law enforcement bodies

Recommendations of public foundation «Reform and result»:

1. The division of the police into the public security police and the criminal police. The public security police, which will monitor the rule of law, must be accountable to both the Ministry of Internal Affairs and local self-government bodies. The population through their legal representatives should be given the right to evaluate this category of law enforcement officers. A validated negative assessment should be the basis for dismissing the head of the public security police of the relevant district or city.

The criminal police should remain with strict vertical subordination to ensure the independence of the investigation and operational-search work.

Clear delineation of duties will ensure effective law and order.

1. It is necessary to shift to a division of the management system into a civilian minister and a professional police chief. The minister in this model will be assigned functions to develop policies, monitor their implementation. The internal investigation service should also be subordinate to the minister. And the head of the police should fully manage the routine law enforcement activities, having on these issues a guarantee of non-interference from the minister. The main guarantee for the chief of police should be a competitive appointment procedure for a fixed term.
2. The basis for the activities of the new police should be defined in the new special law "On Police". In the same document, guarantees of the independence of the internal affairs bodies, as well as the principles of the relationship between the civilian minister of internal affairs and the police, should be prescribed.
3. The accountability of the Internal Investigation Service shall be accountable to the public on the results of its activities. It is necessary to legislatively fix the duty of police officers to report the unlawful actions of co-workers, failure to comply with this requirement should lead to dismissal from the ranks of the law enforcement agency;
4.  Access to information on activities, on reform processes, the effectiveness of spending taxpayer funds allocated to the internal affairs bodies, as well as assistance provided through international organizations for technical equipment and reform of bodies of internal affairs.
5. To review the status of information secrecy. Regular provision of a public report of the Ministry of Internal Affairs on the state of crime and the work of the Office;
6. Full implementation of the "Safe City" project as an element of fighting corruption on the roads;
7.  Parallel judicial reform should be one of the fundamental prerequisites for improving the law enforcement system. Only being implemented together, these two areas will ensure security and the rule of law in Kyrgyzstan.

Initiation of the Constitutional Law of the Kyrgyz Republic "On Citizenship"

1. OSCE ODIHR to monitor the progress of the draft constitutional law "On Citizenship";
2.  The JK KR shall send this bill to the European Commission for Democracy through Law (Venice Commission) to conduct analysis for compliance with international treaties and world practice;
3.  To follow OSCE values, commitments and international Conventions, which are binding for the Kyrgyz Republic.

III. Tolerance and non-discrimination

1. Jogorku Kenesh: to adopt comprehensive legislation on "Equality and non-discrimination", to conduct broad consultations within the Kyrgyz Republic, to involve international experts in its development and adoption in accordance with the Declaration on the Principles of Equality;
2.  To cancel all Resolutions and Articles in the Labor Code that contain prohibited professions for women in the Kyrgyz Republic;
3. To refrain from political initiatives and rhetoric that discredit the activities of NGOs and human rights defenders, and not to treat NGOs (local or international) as a source of threat to stability and security. Instead, they must publicly acknowledge the importance of NGO efforts to promote human rights, condemn attacks on NGOs and their members, support NGO participation in decision-making at all levels, and cooperate with NGOs to improve the situation of human rights protection at the level of legislation and practice;
4. To pay attention to the "hate speech", widely used in media, TV, the CD radio against NGOs, human rights organizations and human rights defenders. Especially the state media shall abandon the language of hostility.

Protection of vulnerable citizens

1. To ratify the Convention on the Rights of Persons with Disabilities;
2. To develop targeted programs aimed at providing targeted support to religious women from socially vulnerable groups, especially young women, so that they can realize their economic opportunities (increase access to basic social services, such as medicine, education, social protection).

IV.  Economic, social and cultural rights

Protection of the rights of labor migrants

1.  To implement the recommendations of the UN treaty bodies concerning the protection of the rights of migrant workers;
2. To Ratify the ILO Convention on Migrant Workers, 1975 (No. 143) (supplementary provisions);
3. The ILO Convention on Private Employment Agencies, 1997 (No. 181); and the ILO Convention on Decent Work for Domestic Workers, 2011 (No. 189);
4. To ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (2013).
5. To ensure the protection and observance of the rights of migrant workers in accordance with the agreements within the framework of the EAEC;
6.  To promote the development of an independent trade union for migrant workers from sending and receiving countries.

Conclusion

1. We urge Jogorku Kenesh and the Government of the Kyrgyz Republic to initiate and adopt the law "On equality and non-discrimination", to promote security sector reform, to follow the OSCE values and commitments and international conventions binding on the authorities of the country;
2. Due to the fact that there is no clear focus on protecting the rights of children, women, vulnerable groups of the population and the priority for legislative reform in the programs of candidates for the presidency of the Kyrgyz Republic, candidates need to include these priority areas;
3. We urge diplomatic missions, international organizations to adhere to their mandates for the implementation of the OSCE guidelines for the protection of freedom of association, the right to freedom of peaceful assembly and the protection of human rights defenders.

References of the report "The Situation with Human Rights in Kyrgyzstan". Human Dimension of the OSCE / ODIHR Meeting:

1. http://www.osce.org/ru/odihr/elections/77677?download=true
2. https://kloop.kg/blog/2017/04/19/kyrgyzstan-anatomiya-mitingov/
3. https://kloop.kg/blog/2017/04/19/kyrgyzstan-anatomiya-mitingov/
4. https://regnum.ru/news/2305865.html
5. https://rus.azattyq.org/a/28667346.html
6. http://www.fergananews.com/news/24782
7. http://www.fergananews.com/news.php?id=25294
8. http://www.president.kg/ru/news/7755_prezident_almazbek_atambaev_nagradil_mnogodetnyih_materey_stranyi_ordenami_baatyir_ene/
9. https://kloop.kg/blog/2017/03/09/sdpk-budet-suditsya-s-pravozashhitnitsej-ritoj-karasartovoj/
10. Part 4 of article 216 of Civil Procedural Code of KR
11. See the video on: http://www.vb.kg/doc/349078_v_jilmassive_archa_beshik_otkryli_fizkyltyrno_ozdorovitelnyy_kompleks.html
12. https://www.opendemocracy.net/od-russia/naryn-aiyp/inciters-deceivers-slaves-kyrgyzstan-s-president-takes-aim-at-press
13. https://kloop.kg/blog/2017/06/09/gknb-vozbudil-ugolovnoe-delo-na-zhurnalista-babakulova-za-razzhiganie-mezhetnicheskoj-vrazhdy/
14. https://kloop.kg/blog/2017/03/11/chest-i-dostoinstvo-prezidenta-s-kem-sudilsya-atambaev-2/
15. https://kloop.kg/blog/2017/06/09/gknb-vozbudil-ugolovnoe-delo-na-zhurnalista-babakulova-za-razzhiganie-mezhetnicheskoj-vrazhdy/
16. http://www.ca-mediators.net/ru/233-obschestvennaya-diskussiya-yazyk-vrazhdy-i-diskriminaciya-v-media-trendy-vliyanie-vyzovy-protivodeystvie.html
17. Data from media monitoring of hate speech in the media and the Internet, the School of Peacemaking and Media Technologies in Central Asia, January-June 2017. http://ca-mediators.net/
18. http://ssm.gov.kg/reports/view/2
19. FIDH, “Memorial "," Bir Duino Kyrgyzstan "- Women and children from Kyrgyzstan involved in migration. September 2016.
20. http://www.oecd.org/daf/anti-bribery/Kyrgyzstan-Round-3-Monitoring-Report-RUS.pdf

Contacts of the organizations:

Public Movement «Bir Duino Kyrgyzstan»: 0312 383330, birduinokyrgyzstan@gmail.com;

Center on Human Rights Protection «Kylym Shamy»

0312 64 40 19,  abdirasulova@gmail.com

Legal Clinic «Adilet»: 0312 392297, lc.adilet@gmail.com