Remarks by Antje Grawe, UN Resident Coordinator in the Kyrgyz Republic, at the Round Table "Draft Law 'On Amendments to the Code of the Kyrgyz Republic on Offenses' and the Realization of the Right to Freedom of Speech in the Kyrgyz Republic"

Distinguished Members of the Jogorku Kenesh,

Dear Ombudswoman, 

Representatives from the Government, 

Dear media and other participants, 

I am honored to join you at this important roundtable to discuss the draft amendments to the Code on Offenses of the Kyrgyz Republic and their implications for the right to freedom of speech in the country. Today’s event is of particular significance as it touches on issues central to Kyrgyzstan’s values including human rights commitments, and the role of the media in fostering an informed and engaged society. I wish to thank the Media Action Platform for bringing all relevant stakeholders together for constructive discussions. 

Freedom of speech, including freedom of expression online, is critical for achieving the Sustainable Development Goals (SDGs). In this era of rapid technological change, ensuring that freedom of expression is protected and upheld is essential for inclusive societies, access to justice and accountable institutions.

Just days ago, on 22 September, President Sadyr Japarov addressed the Summit of the Future at the United Nations in New York, reaffirming Kyrgyzstan’s commitment to the Sustainable Development Goals and a people-centered policy. He also announced the launch of the second voluntary national review of the SDGs to help guide SDG achievement over the next five years. The right to freedom of expression, as enshrined in the Constitution that inter alia prohibits censorship, is key to the realization of the 2030 Agenda as Kyrgyzstan strives to join the top 30 countries by 2030. 

Today’s Roundtable is also important considering the upcoming fourth cycle of the Universal Periodic Review (UPR) in April 2025 in Geneva – a human rights mechanism of the UN Human Rights Council- where Kyrgyzstan’s human rights record will be reviewed.  In 2020, Kyrgyzstan, supported a wide range of UPR recommendations on protection of freedom of expression, and today’s discussion allows us to take stock and chart a path for the next steps in the implementation of these recommendations. 

Our discussion today follows significant developments regarding proposed amendments to the Code of Offenses. These amendments were submitted by the Cabinet of Ministers to Parliament on 25 July and on 17 September, the Parliamentary Committee on Transport, Communications, Architecture, and Construction approved the draft in its first reading. The amendments propose substantial fines for insult and slander, with fines for individuals reaching 100,000 soms (approximately USD 1,175) and for legal entities 200,000 soms (approximately USD 2,350).

While defamation laws serve a legitimate purpose in protecting the reputation of individuals, the Venice Commission of the Council of Europe and OHCHR have raised concerns about the proportionality of these amendments, the high fines involved and the use of executive authorities to initiate cases and impose penalties. 

In her opinion of June 2024 on the draft amendments, the Venice Commission noted that it is essential that any administrative fines are proportional and do not disproportionately impact journalists, media outlets, or individuals, thereby chilling free speech or fostering self-censorship. She also expressed concerns about the Ministry of Culture’s authority to adjudicate insult and defamation cases, raising issues of impartiality and competence. The Commission recommended that these cases be heard in judicial courts, where judges, rather than administrative bodies, are better equipped to handle the complexities of freedom of expression and balance competing interests fairly​. 

Dear participants, 

Articles 19 of the Universal Declaration of Human Rights and of the International Covenant on Civil and Political Rights (ICCPR) are clear that freedom of expression must be protected, and that restrictions should pass a strict test of necessity, proportionality and non-discrimination. Restrictions should only be imposed to safeguard legitimate interests, and be the least restrictive means available.

International standards recommend that any restriction on free speech, particularly through legal sanctions, be narrowly tailored and subject to judicial oversight. This applies even to those who are critical of the state.

Moreover, an international consensus has emerged in favour of decriminalization of defamation.  In Kyrgyzstan, defamation was decriminalized in line with the 2010 Constitution of the Kyrgyz Republic.

Ladies and Gentlemen,

The UN fully supports measures to combat disinformation and misinformation. However, these measures need to be proportionate, clearly defined, and not overly punitive. They also should not put barriers in the way of individuals and media outlets striving to provide information of public interest. 

How important it is to strike the adequate balance so that the role of free media is not curtailed was also subject of discussion at the Summit of the Future. In this context, I would also like to draw your attention to the ground-breaking Global Digital Compact, which world leaders, including President Japarov, adopted at the Summit of the Future. In the Compact, Member States agreed to deepen international cooperation to tap into the potentials of digitalisation and new technologies while limiting their potential harm. The Global Compact reiterates the importance of measures to be rooted in international law and international human rights commitments, encouraging States to foster an inclusive, open, sustainable, fair, safe and secure digital space. Importantly, Member States acknowledged that access to relevant, reliable and accurate information is essential for an open and safe digital space. They committed to working together to address the challenges of mis and disinformation and hate speech online, consistent with international law and spelled out specific commitments to be implemented by 2030 including on digital literacy, safe digital eco-systems etc. I invite you all to study the Global Digital Compact.

In closing, I encourage all stakeholders — government, civil society, the media and international partners — to engage constructively, ensuring that the right to freedom of expression is protected while also addressing legitimate concerns about defamation, disinformation and insult. Our shared goal must be to create a legal framework that supports open debate, enables a plurality of perspectives, fosters governance, and promotes the Sustainable Development Goals and Agenda 2030.

The UN stands ready to provide support for the legal frameworks to pass the necessity, proportionality and non-discrimination tests required under international human rights law. 

I trust that this roundtable will contribute to shaping a more equitable and balanced legal framework in Kyrgyzstan.

Thank you for your attention.