Human Rights Watch welcomes the adoption of the outcome of the UPR on Kyrgyzstan, which reflected many important recommendations to address new and persisting human rights concerns in the country.
We take note of Kyrgyzstan’s stated “firm commitment” to improving human rights protections and to bringing national law into compliance with the international human rights system. However, Kyrgyzstan’s UPR took place against the backdrop of increasing concern about the rights situation in the country, while many abuses persist, unaddressed by the authorities.
Although Kyrgyzstan accepted some recommendations regarding accountability for June 2010-related abuses, in the five years since ethnic violence broke out in southern Kyrgyzstan, the government has failed to adequately address abuses in the south, in particular against ethnic Uzbeks, who endured the majority of casualties and destroyed homes, and who have been disproportionately subjected to arbitrary detention, ill-treatment and torture, and extortion schemes without redress. To date, many people, including human rights defender Azimjon Askarov, languish in prison on sentences related to the violence that were delivered following trials marred by torture-tainted confessions, attacks on the defendants and their lawyers in the courtroom, and serious violations of due process.
Two deeply problematic bills pending before the parliament –an anti-gay ‘propaganda’ bill and a ‘foreign agents’ bill– would seriously curb freedom of association and expression and blatantly flout Kyrgyzstan’s obligation to ensure nondiscrimination. Despite assertions that Kyrgyzstan would refrain from adopting legislation restricting the right to freedom of association, since Kyrgyzstan’s UPR the parliament adopted the ‘foreign agents’ bill on June 4 in its first reading in and has sent the anti-gay ‘ propaganda’ bill for its second reading.
Human Rights Watch notes some steps taken by the government to tackle domestic violence, as asserted by the government. However, in the last four years, the longstanding problems of gender-based and domestic violence, and violence and discrimination against LGBT people persist. Domestic violence is widespread, and the practice of forced marriage – including through abduction - continues, despite legislative amendments increasing the penalties for bride-kidnapping. The government is not providing adequate protection, support, and access to justice for survivors of domestic violence and early and forced marriage. Gay and bisexual men are at serious risk of extortion schemes and physical and sexual violence at the hands of the police, with abuses going largely unpunished.
Human Rights Watch regrets that Kyrgyzstan did not support recommendations made by states at the UPR that Kyrgyzstan ratify and align national legislation with the Rome Statute and adopt anti-discrimination legislation. We urge the government of Kyrgyzstan to demonstrate its serious engagement with the UPR and to fulfil the explicit recommendations to refrain from adopting the ‘propaganda’ bill and the ‘foreign agents’ bill.
