Human rights in Kyrgyzstan

Human rights in Kyrgyzstan improved after the ouster of President Askar Akayev in the 2005 Tulip Revolution and the instalment of a more democratic government under Roza Otunbayeva.[1] While the country is performing well compared to other states in Central Asia, many human rights violations still take place. Especially LGBT rights have been getting worse in recent years,[2] freedom of press on the contrary has been improving.[3]

Kyrgyz Republic
This article is part of a series on the
politics and government of
Kyrgyzstan

CIS Member State

Constitution

The democratic performance of the country has been declining since 2014.[4] Corruption is still an issue in the country although it has been steadily declining since 2008.[5]

Formerly a republic of the Soviet Union, Kyrgyzstan became independent in 1991. Remaining reasonably stable throughout most of the 1990s, the country's young democracy showed relative promise under the leadership of Akayev,[6] but moved towards autocracy and authoritarianism by the early 2000s, achieving a 5.5 rating from Freedom House in 2000.[7] In 2020 the country is considered "partly free" by Freedom House with a score of 39 out of 100.[8]

In 2004, prior to the democratic revolution, Kyrgyzstan was rated by Freedom House as "Not Free," with a 6 in Political Rights and 5 in Civil Liberties (scale of 1-7; 1 is the highest). This indicated marked regression, from a 4.3 rating ten years earlier in 1994. Although the 1993 Constitution defines the Kyrgyz Republic as a democratic republic, President Askar Akayev continued to dominate the government. Serious irregularities reportedly marred 2003 a national constitutional referendum as well as presidential and parliamentary elections in 2000.[7]

History

On September 14, 2001 the Kyrgyz Ministry of Interior declared it had implemented "passport control regime" against "pro-Islamic" activists in the southern part of Kyrgyzstan. Following the reelection of President Askar Akayev in 2003, the government reportedly "intensified" harassment of political opposition members, independent news media groups, religious groups and ethnic minorities, according to Human Rights Watch.[9] In advance of elections in February 2005, the Akayev government reportedly increased political restrictions on Kyrgyz citizens, in order, according to some outside observers, to prevent a "democratic revolution" like the recent one in Ukraine.

Human rights under Akayev's regime in 2004 reportedly remained poor; although there were improvements in several areas, problems remained. Citizens' right to change their government remained limited and democratic institutions remained fragile. Members of the security forces at times beat or otherwise mistreated persons, and prison conditions remained poor. Impunity remained a problem, although the Government took steps to address it during the year. There were cases of arbitrary arrest or detention. Executive branch domination of the judiciary as well as corruption limited citizens' right to due process.[10]

The Government occasionally restricted freedom of speech and of the press, and individuals and companies close to the Government used financial means to control numerous media outlets. The Government used bureaucratic means to harass and pressure some independent media as well as non-governmental organizations (NGOs). Although human rights groups were generally allowed to work freely, and a government Ombudsman's Office continued to work actively to advocate for individual rights, the Government continued to occasionally harass and pressure some groups. Violence against women and children was a problem. Child labor and discrimination against ethnic minorities were problems. Human trafficking was a persistent problem.

In 2004 the government's human rights record showed improvement in some areas. Prison conditions remained poor but continued to improve during the year. Numerous MVD officials were dismissed or prosecuted for abuses or misconduct. Harassment of opposition groups and independent media, including honor and dignity lawsuits against newspapers, declined considerably, and the Government allowed several independent media outlets to begin operations. Although the Government occasionally restricted freedoms of assembly and association, in October, the Constitutional Court struck down provisions of the law on public assembly that were widely considered vague and too restrictive, while the number of demonstrations disrupted by police declined considerably.

A new Electoral Code signed into law in January was a significant improvement over the previous code and was welcomed by domestic NGOs and opposition parties, although it still fell short of international standards. Citizens' right to choose their government showed some improvement through local elections held in October, which were widely seen as more transparent. The Government took steps to combat trafficking in persons, with prosecutions and convictions of traffickers up significantly from 2003. There has also been a long history of drug-trafficking in the country. This country has the death penalty for drug trafficking.

In June 2005, Kyrgyz officials said that 29 Uzbek refugees who had fled to Kyrgyzstan in the wake of the Andijan massacre would be returned to Uzbekistan.[11] The United Nations and human rights groups criticised this decision, stating the refugees faced possible torture or execution upon their return. However, on June 27, the 439 Uzbek refugees were airlifted to safety out of the country by the United Nations.[12]

Current situation

Press freedom

Press freedom in Kyrgyzstan has been increasing since the crackdown on the media that preceded the 2017 elections and the pluralism in the Kyrgyz media landscape is exceptionally high in the Central Asian region.[3] While performing relatively well, issues remain for journalism in the country. Sensitive government information is often inaccessible, journalists risk sanctions for covering controversial topics (like corruption) and ineffective media policy and management weaken the role of journalism in the country. Critical journalism is present in the country, but many media outlets don't cover topics that are too politically sensitive.[13] Journalism in Kyrgyzstan, especially when related to religious topics or inter-ethnic relations, often still lack neutrality in its coverage.[3][14]

Women's rights

The country suffers from high and rising inequalities, women are largely excluded from decision-making. Violence against women is widespread and takes many forms, including domestic violence, bride kidnapping, trafficking, early marriages and physical abuse. The negative reinterpretation of some cultural and social practices increasingly restricts women’s rights to control their lives. Rural women and girls have restricted access to productive resources.[15]

Kyrgyzstan adopted a strengthened Family Violence Law in 2017 and criminalised domestic violence in January 2019. However, authorities are not consistently enforcing protective measures for women and girls, including both the Family Violence Law and a 2016 law to curb child and forced marriage.[2] In cooperation with the United Nations Kyrgyzstan developed a policy plan to decrease gender inequality in 2013, but women still suffer from their subordinated position in society.[15]

Bridal kidnapping

As a consequence of changes in gender ideologies in Kyrgyzstan, there has been a revival and legitimation of nonconsensual bride kidnapping as a national tradition.[16] In this practise the groom abducts a girl of the street with a group of friends and brings her to his parents. Traditionally the women of the family will try to convince the girl to marry the boy who abducted her. Often girls have little choice, because refusing to marry often leads to being outcasted by their own parents.[17] Even though in Kyrgyz law the practice is considered illegal and a violation of human rights, up to 50% of ethnic Kyrgyz marriages are a result of kidnappings, both consensual and non-consensual.[16]

LGBT rights

Both male and female same-sex sexual activity are legal in Kyrgyzstan, but same-sex marriage is not recognised and even explicitly banned in the constitution since 2016.[18] Lesbian, gay, bisexual, and transgender (LGBT) people continue to face ill-treatment, extortion, and discrimination by state and non-state actors.[2]

Domestic violence against LGBT minors is a major issue and victims have limited access to government support. LGBT people are often unable to seek protection because of violence and other abuses by law enforcement agencies. Ill-treatment against LGBT people by law enforcement authorities is a systemic phenomenon in Kyrgyzstan according to Kyrgyz Indigo, a local LGBT advocacy group.[19]

Various nationalists groups threatened LGBT interest groups during demonstrations in 2019, several parliament members responded by expressing their aversion to same sex couples, where one member said LGBT people should be “not just cursed, but beaten.” [2]

Transgender people are allowed to change legal gender in Kyrgyzstan, but require undergoing sex reassignment surgery. The first such surgery was performed in Bishkek in January 2014.[20]

Recent developments

In a move to restrict the freedom of assembly amendments were made to the Law on the Right of Citizens to Hold Peaceful Assemblies 2002 in 2008 by the government and enacted by the president in 2010.[21] Human Rights Watch criticised the amendments, claiming that they are violating the Kyrgyz constitution and international law.[22]

In a move that alarmed human rights groups, dozens of prominent Uzbek religious and community leaders were arrested by security forces following the 2010 South Kyrgyzstan riots, including journalist and human rights activist Azimzhan Askarov.[23] Following a trial criticised by several international human rights organizations, Askarov was given a life sentence charges including creating mass disturbances, incitement of ethnic hatred, and complicity in murder.[24] Various human rights organizations stated that they believe the charges against him and his co-defendants to be politically motivated.[25] Amnesty International considers Askarov a prisoner of conscience and is currently campaigning for his immediate release and an investigation into his allegations of torture by law enforcement.[26]

On May 18, 2011, the Kadamjay Regional Court sentenced two young men, Iskandar Kambarov (18 years old) and Jonibek Nosirov (22 years old) to seven years in prison on the charge of possessing two DVDs of an extremist Islamic organization. The two men are not Islamic but Jehovah’s Witnesses and the Norwegian human rights organization Forum 18 claims that the DVDs were planted as false evidence during a police raid. Their sentenced got overturned but it is unclear how the court case has developed further.[27]

A more recent development took place in December 2017 with a negotiation between the EU and Kyrgyzstan. The purpose of the negotiation was to increase cooperation and agree upon a mutual understanding of countering terrorism. The discussion was centred around the respect for human rights as the EU Parliament called for political activist Azimjon Askarov to be released from his imprisonment.[28]

Recently in 2019, during Soronbai Jeenbekov's presidency still no agreement was made on media freedom in Kyrgyzstan. Azimjon Askarov, a human right activists, still remains in prison.[29]

See also

References
  1. Tran, Mark; agencies (2010-04-08). "Kyrgyzstan opposition leader demands president's resignation". The Guardian. ISSN 0261-3077. Retrieved 2019-12-03.
  2. "Kyrgyzstan, events of 2019". Human Rights Watch.
  3. "World Press Freedom Index 2020: Kyrgyzstan". Reporters sans frontières.
  4. "Nations in transit 2020" (PDF). Freedom House.
  5. "Kyrgyzstan Corruption Index". Transparency International Kyrgyzstan.
  6. Anderson, John (1999). Kyrgyzstan: Central Asia's Island of Democracy. Amsterdam: Harwood Academic Publishers. pp. ix. ISBN 9057023903.
  7. Piano, Aili; Puddington, Arch (2004). Freedom in the world 2004 (PDF). Lanham, Maryland, United States of America: Freedom House. p. 314. ISBN 0-7425-3644-0.
  8. "Freedom in the world 2020: Kyrgyzstan". Freedom House.
  9. "HRW: Opportunism in the face of Tragedy: Repression in the name of anti-terrorism". www.hrw.org. Retrieved 2019-06-25.
  10. "2004 Country reports on human rights practices: Kyrgyz Republic". U.S. Department of State.
  11. https://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062301852.html
  12. https://www.hrw.org/update/2005/09/#uzbekistan
  13. Freedman, Eric. "Deepening shadows: The eclipse of press rights in Kyrgyzstan". Global Media and Communication. 8 (1): 47–64 – via Sage.
  14. Wolf, I. (2011). Freedman, E. (ed.). Hizb ut-Tahrir in Kyrgyzstan as presented in Vechernii Bishkek: A radical Islamist organization through the eyes of Kyrgyz journalists. After the Czars and Commissars: Journalism in Authoritarian Post-Soviet Central Asia. Michigan State University Press.
  15. "UN Women in Kyrgyzstan". UN Women.
  16. Ismailbekova, Aksana. "Migration and patrilineal descent: the role of women in Kyrgyzstan". Central Asian Survey. 33 (3): 375–389 – via Taylor & Francis.
  17. Kleinbach, Russ; Salimjanova, Lilly. "Kyz ala kachuu and adat: non-consensual bride kidnapping and tradition in Kyrgyzstan". Central Asian Survey. 26 (2): 217–233 – via EBSCO Host.
  18. "Kyrgyz Voters Back Amendments On Same-Sex Marriage, Presidential Power". Radio Free Europe. December 11, 2016.
  19. "Kyrgyzstan: human rights violations of LGBT" (PDF). Ilga World. Kyrgyz Indigo.
  20. "First Kyrgyz Sex-Change Surgery A 'Success'". Radio Fre Europe.
  21. "The Law of the Kyrgyz Republic on Peaceful Assemblies" (PDF). Legislation Online. Bishkek, Kyrgyzstan.
  22. Cartner, Holly. "Letter to the President of Kyrgyzstan on Restrictions of Peaceful Assembly". Human Rights Watch.
  23. Andrew E. Kramer (1 July 2010). "Uzbeks Accused of Inciting Violence in Kyrgyzstan". The New York Times. Retrieved 16 April 2011.
  24. "Kyrgyzstan: Appeal to the international community - call for a new, fair review of the case of human rights defender Azimzhan Askarov sentenced to life in Kyrgyzstan". International Partnership for Human Rights (IPHR). 16 September 2010. Retrieved 17 April 2011.
  25. "Human rights groups condemn Kyrgyzstan activist jailing". BBC News. 16 September 2010. Retrieved 17 April 2011.
  26. "KYRGYZSTAN: FURTHER INFORMATION: PRISONER OF CONSCIENCE ON BRINK OF DEATH: AZIMZHAN ASKAROV". Amnesty International. 12 November 2010. Retrieved 17 April 2011.
  27. Corley, Felix. "Jail terms overturned, but investigation continues". European Country of Origin Information Network.
  28. https://www.hrw.org/world-report/2019/country-chapters/kyrgyzstan
  29. "Kyrgyzstan, events of 2018". Human Rights Watch.
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