Importance of Consultations in the Legal Inventory of the Kyrgyz Republic
23 August 2021
The United Nations in the Kyrgyz Republic acknowledges vital importance of the comprehensive inventory of legislation launched under the auspices of the Ministry of Economy and Finance and the Ministry of Justice of the Kyrgyz Republic, outlined in the Presidential Decree of the Kyrgyz Republic of 8 February 2021. We take note of its objectives to achieve necessary alignment with the new Constitution, and other guiding criteria. In particular, UN system welcomes the intention of the legal inventory process to ensure that national legislation ensures respect, protection and fulfilment of human rights in line with the ratified UN human rights treaties.
The UN further acknowledges the commitment of the Government of the Kyrgyz Republic at the outset to ensuring transparency and effective public participation during the inventory process, and notes that such requirements can be met by allowing the ample time and creating enabling space for meaningful dialogue with interested stakeholders.
In accordance with the country’s aspirations and the voluntary, legally binding international commitments it has entered into, the Kyrgyz Republic can also be expected to retain or develop laws that promote all aspects of inclusive and sustainable development. The legal inventory process offers a unique possibility to integrate mechanisms consistent with the Sustainable Development Goals and take stock of the outstanding recommendations of the UN human rights mechanisms and develop amendments to the existing legal framework in order to implement these recommendations.
The UN currently supports the legal inventory process by bringing experts to help the government implement international norms and standards with a focus on human rights and the rule of law, on inclusive economic development, and by offering resources for effective consultations with the public.
The UN takes particular note of an administrative decision to speed up the review of laws as described in the Ministers’ Cabinet Decision from 21 June 2021 no. 48 and encourages the government to safeguard the principles of good governance, social justice, participation and inclusiveness by not sacrificing these to short term expediency.
We trust that the Government of the Kyrgyz Republic will adhere to its initial commitment to allocate time for comprehensive consultations with all relevant stakeholders at all phases of this process. Considering the magnitude of the exercise and the culmination of a review of the country’s near-entire legal framework, the people of the Kyrgyz Republic deserve to participate effectively and meaningfully in all stages of the inventory process.
A constructive dialogue between presidential and government authorities with civil society, including the business community and in openness to the media and general public, is crucial to ensure a transparent, inclusive and accountable process and to further build consensus in critical areas for improving the laws of the Kyrgyz Republic in order to bring them in line with international obligations, including under the ratified human rights treaties.
In view of prior substantial investments to strengthen laws that protect women’s rights, civil and political rights as well as social, economic and cultural rights, the importance of transparent justification for eliminating any law is essential before making conclusive selections based on the results of the legislative review.
It will also be important to allow sufficient time to eliminate such fragmentation, ambiguity, and overlaps that the inventory was designed to address, while using the opportunity to further reinforce human rights and fundamental freedoms in national legislation.
The UN stands ready to further support the Kyrgyz Republic in assuring that the inventory of legislation will contribute to the country’s implementation of the Agenda 2030 for Sustainable Development, upholding and further advancing the respect, protection and fulfilment of human rights for all people in Kyrgyzstan.