UN High Commissioner for Human Rights Volker Türk concludes official visit to Kyrgyzstan

The UN Human Rights Office has had a long relationship with Kyrgyzstan – our Regional Office for Central Asia has been based here since 2006, covering the five countries in the region. 

I am grateful to the Government for its invitation for me to visit and for the frank and constructive discussions I have had, including with President Sadyr Zhaparov. At a time of global upheaval on the multilateral and human rights fronts, Kyrgyzstan’s engagement with my Office and the wider UN human rights system is very much welcome. National ownership of the human rights cause is paramount. 

I also welcome Kyrgyzstan’s recent border delimitation agreement with Tajikistan, following years of tensions and clashes. It will be key to ensure its implementation in line with international human rights law.

Kyrgyzstan has been experiencing strong economic growth, and has the benefit of a rich variety of civil society organisations and a solid legal and institutional framework. 

For societies to thrive, they need to be rooted in human rights, non-discrimination and the rule of law. This also reassures investors. An enabling environment, built on solid foundations of good governance, respect for human rights and the rule of law, is good for business.

What I have found is that Kyrgyzstan is at an inflection point.

In recent years, a series of steps have been taken that have narrowed the space for civil society to function independently. We are seeing worrying signs of undue restrictions on civil society and independent journalism, creating a climate of increasing fear and self-censorship.

I am concerned about the number of cases of pre-trial detention and the criminal prosecution of journalists, bloggers, activists, human rights defenders and political opponents in relation to their exercise of freedoms of expression and peaceful assembly. 

Such emblematic cases are always an alarm bell.

When individuals reporting on serious issues that affect all of society, such as corruption, feel under threat, the resultant lack of independent scrutiny can be deeply damaging. It means problems remain unaddressed.

One human rights defender spoke to me of her hesitation in demanding access to information and advocating for the rights of the people of Kyrgyzstan: “We cannot protect their rights because we are worried about being called foreign representatives and facing charges ourselves.” 

Another described the Law on Foreign Representatives and the implementation of vague provisions in the Criminal Code as a sword of Damocles, causing her to constantly question whether any statement could land her in danger.

Human rights NGOs have reported widespread self-censorship, with some amending their charters to avoid activities that may be qualified as “political activities” under the law. They worry that stigmatization of their work creates an environment in which people become reluctant to seek their help or cooperate with them. 

The restriction on peaceful assemblies, in place since 2022, is also of concern. I was encouraged that the Government is discussing lifting this blanket ban. 

It is also key that the independence of the judiciary is fully guaranteed, and judges do not feel political pressure in carrying out their essential work.

The system of “pre-investigative checks” has also been demonstrated to fall short of international human rights standards. This system allows law enforcement officials 30 days to look into a case before registering it – which has been particularly problematic in cases of torture as well as domestic violence, violating victims’ rights to an effective and timely investigation and putting them at further risk. 

I have recommended that the Government undertake a comprehensive review of legislation that impacts on fundamental rights and freedoms, to ensure Kyrgyzstan’s human rights obligations are fully met. This could be part of the very welcome process of developing a National Action Plan for Human Rights, and should be carried out with the meaningful participation of civil society, including academics, as well as various parts of the Government. My Office here is ready to assist and provide any advice, as well as examples of best practices from other countries. 

The constructive process around the previous draft law on the mass media sets a good example for how such a review should take place – with the involvement of key stakeholders, including journalists, that ultimately led to the withdrawal of the draft, following recognition that some of its provisions were not in line with human rights laws.

In the meantime, I have asked the Government to ensure that laws with vague formulations under the Criminal Code are not misused to suppress legitimate civil society work. There should be zero tolerance for harassment and intimidation of independent lawyers, journalists, bloggers and human rights defenders.

My Office has also been advising on the development of comprehensive anti-discrimination legislation for Kyrgyzstan.

I would also like to point out how much the National Centre for the Prevention of Torture is a model for the Central Asia region, as the only independent national human rights institution that meets international standards. It will be important to preserve its independence, to ensure that it is well-resourced and has the access it needs to perform its function effectively. 

I welcome the initial strengthening of legislation on gender-based violence and hope that this process will be taken further forward. There is a need to ensure its full implementation – notably by law enforcement agencies and the justice system – in a gender-sensitive manner, and providing justice to the victims of violence. 

Creating an enabling environment, where all the people of the country can contribute effectively regardless of their gender, racial or ethnic origin, sexual orientation, disability or other status, benefits everyone. The Ombudsperson´s Office plays an important role in this regard. It will be important to strengthen it in line with the Paris Principles.

For everyone to partake in economic growth and enjoy their economic and social rights to the fullest, I also discussed with the Government the concept of a human rights economy. This is an approach that my Office has been advancing globally, asking States to conduct human rights impact assessments on their national budget, to ensure that the rights to an adequate standard of living, health, education and other basic needs are fully respected.

Another issue of local and global importance is the imperative to protect the environment. With young people forming at least 35 per cent of the population of Kyrgyzstan, finding ways to mitigate the inter-generational impact of climate change is a priority. I understand that air pollution in Bishkek can get particularly bad in the winter, with this beautiful city ranked as number one on global air pollution indices over several days last winter.

It will be important for environmental impact assessments, particularly in relation to extractive activities, to be carried out in consultation with affected communities and made public. I have also advised the Government to consider adopting and enhancing the air quality legislation, especially given the impact on the health of children and older people. Breathing clean air is a key element of the right to a clean, healthy and sustainable environment. 

As I said to President Zhaparov, and in all my interactions over the past two days, I came here in the spirit of friendship and solidarity with the people of Kyrgyzstan. And with the conviction that human rights provide the best guide through situations where different interests need to be balanced.

My Office will continue to work closely with the Government, civil society and others to help ensure the promotion and protection of human rights in Kyrgyzstan and across the region.

Rahmat, thank you. 

ENDS