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Committee Opinion | Doc. 13476 | 07 April 2014
Request for Partner for Democracy status with the Parliamentary Assembly submitted by the Parliament of the Kyrgyz Republic
Committee on Equality and Non-Discrimination
A. Conclusions of the committee
(open)1. The Committee on Equality and Non-Discrimination
shares the conclusion reached by the Committee on Political Affairs
and Democracy that partner for democracy status with the Parliamentary
Assembly should be granted to the Parliament of the Kyrgyz Republic.
2. The committee believes that granting partner for democracy
status will make it possible to assist Kyrgyzstan in consolidating
its parliamentary democracy and establishing a democratic State
based on respect for human rights and the rule of law.
3. Nonetheless, the committee has certain reservations and expresses
its concern regarding the violence and discrimination towards lesbian,
gay, bisexual and transgender (LGBT) persons, violence against women and
the situation of minorities. The committee therefore calls on the
Kyrgyz authorities to take the necessary steps to promote equality
and condemn all forms of violence and discrimination on whatever
grounds.
4. The draft resolution contains a gender perspective and refers
to equal opportunities for women and men in political and public
life in paragraph 15.7, and promoting effective equality between
women and men and the fight against all forms of gender-based violence
and discrimination in paragraph 15.20. It also refers to the fight against
xenophobia and all forms of discrimination in paragraph 15.15 and
the rights of minorities in paragraph 15.16.
5. However, several important issues are missing from the draft
resolution, such as discrimination based on sexual orientation and
gender identity, participation in political and public life, the
linguistic rights of minorities and the fight against trafficking
in human beings. Accordingly, the committee proposes a number of amendments
to cover these aspects.
B. Proposed amendments to the draft resolution
(open)Amendment A (to the draft resolution)
In the draft resolution, delete “further” in paragraph 15.7.
Explanatory note: The word “further” implies that the current participation of women in political and public life is satisfactory, which is not yet the case.
Amendment B (to the draft resolution)
In the draft resolution, paragraph 15.7, insert the word “economic,” after the words “equal opportunities for women and men in”.
Explanatory note: The participation of women in economic life is essential to ensure effective equality and deserves to be emphasised.
Amendment C (to the draft resolution)
In the draft resolution, paragraph 15.16, insert the words “participation in political and public life,” after “promoting reconciliation”.
Explanatory note: The participation of national minorities in political and public life remains very limited in Kyrgyzstan and should be encouraged in order to effectively promote their inclusion and participation in society.
Amendment D (to the draft resolution)
In the draft resolution, after paragraph 15.16, insert the following paragraph:
“guaranteeing respect for the linguistic rights of minorities and promoting the right to education in minority languages;”
Explanatory note: Respect for the linguistic rights of minorities and access to education in a minority language are essential for the protection of the rights of minorities.
Amendment E (to the draft resolution)
In the draft resolution, after paragraph 15.19, insert the following paragraph:
“condemning and combating all forms of discrimination and violence based on sexual orientation and gender identity;”
Explanatory note: Discrimination and violence based on sexual orientation and gender identity must be resolutely combated and warrant particular attention in the light of the current situation in Kyrgyzstan.
Amendment F (to the draft resolution)
In the draft resolution, after paragraph 15.19, insert the following paragraph:
“not following up the draft bill drawn up on the model of laws on the prohibition of ‘homosexual propaganda’;”
Amendment G (to the draft resolution)
In the draft resolution, after paragraph 15.20, insert the following paragraph:
“increasing efforts in the fight against trafficking in human beings for the purposes of sexual exploitation and forced labour;”
Explanatory note: The fight against trafficking in human beings must be strengthened in Kyrgyzstan and appear in the draft resolution, in order to call for a specific commitment by the Kyrgyz Parliament on this issue.
C. Explanatory memorandum by Ms Bourzai, rapporteur for opinion
(open)1. Introduction
1. Upholding the principles of equality and non-discrimination
is essential in the context of the procedure for obtaining partner
for democracy status. Requests for this status should contain a
reference to a commitment to uphold the values of the Council of
Europe. They should also contain an undertaking to encourage the balanced
participation of women and men in public and political life. 
2. A parliamentary delegation enjoying partner for democracy
status must also, insofar as the number of its members allows, be
composed in such a way as to ensure a fair representation of the
political parties or groups present in that parliament and include
at least the same percentage of the under-represented sex as is present
in the parliament, and in any case one representative of each sex.
3. I congratulate Mr Gross on his report, and before him, Mr
Mevlüt Çavuşoğlu for his preparatory work. As rapporteur for the
Committee on Equality and Non-Discrimination, I would like to shed
some additional light on the most critical aspects of equality and
non-discrimination issues in Kyrgyzstan, which include the situation
of minorities, discrimination based on sexual orientation and gender
identity, violence against women and trafficking in human beings.
4. The Committee on Equality and Non-Discrimination held an exchange
of views with the delegation from the Kyrgyz Parliament led by Ms
Asia Sasykbaeva, Deputy Speaker of Parliament, in April 2013. I
had a further meeting with the Kyrgyz parliamentary delegation at
the January 2014 part-session.
2. The situation of minorities
5. First of all, it is important to examine the situation
of minorities in Kyrgyzstan. According to a system of self-declaration
used during censuses, the population
is 71% Kyrgyz, 14,3% Uzbek (mostly in the south of the country)
and 7,8% Russian.
6. The country has experienced tension in recent years, resulting
in strife between groups of Kyrgyz and Uzbek origin in Osh in June
2010. These events have had a lasting effect on the minds of the
population and severely undermined the peaceful co-existence between
minorities.
7. Tension has remained high since 2010 and the lack of trust
between the communities is now deeply entrenched. The minorities
are subject to arbitrary arrests, torture and extortion by the police,
often acting with total impunity. A climate conducive to intolerance,
“ethnic profiling” and stereotyping has become widespread, exacerbated
by the political class. There is no guarantee of the right to a
fair trial and the judicial system is influenced by prejudice. The
case of Mr Azimjon Askarov, a journalist of Uzbek origin and human
rights activist, sentenced to life imprisonment, should be reviewed
as the proceedings lacked the guarantees of a fair trial.
8. The Constitution adopted by referendum on 27 June 2010 comprises
measures for protecting individuals against racial discrimination
and guarantees the right to education in the minority languages.
The languages spoken by the majority of the population are Kyrgyz,
Uzbek and Russian. The Constitution stipulates that Kyrgyz is the
State language and that Russian is an official language, and guarantees
the protection of minority languages (Article 10). There is growing de facto use of Kyrgyz, particularly
in the public services, at the expense of Russian.
9. The participation of minorities in political life remains
limited, as does their representation in the local authorities,
the police forces and the judicial system. The People’s Assembly of Kyrgyzstan
provides for purely formal representation of minorities and has
no decision-making power.
The People’s Assembly of Kyrgyzstan
provides for purely formal representation of minorities and has
no decision-making power. 10. At its March 2013 session, the United Nations Committee on
the Elimination of Racial Discrimination expressed its concern about
the persistence of tensions, which are liable to lead to renewed
conflict. The Committee recommended that
the Kyrgyz authorities continue their reform of the judicial system
and the police service in order to ensure a climate of tolerance
and the representation of minorities at all levels, to promote education
in the minority languages and take practical, effective steps to
facilitate participation by minorities and access to information
in the minority languages. A governmental agency on inter-ethnic
issues was set up in 2013.
The Committee recommended that
the Kyrgyz authorities continue their reform of the judicial system
and the police service in order to ensure a climate of tolerance
and the representation of minorities at all levels, to promote education
in the minority languages and take practical, effective steps to
facilitate participation by minorities and access to information
in the minority languages. A governmental agency on inter-ethnic
issues was set up in 2013. 3. Discrimination based on sexual orientation and gender identity
11. There is still frequent violence and discrimination
against LGBT persons in Kyrgyzstan. In 2012, LGBT groups documented
over 50 cases of discrimination and violation of the rights of individuals
based on their sexual orientation and/or gender identity. However,
this does not reflect the actual situation as victims are afraid to
make complaints.
12. At the time of the 2010 United Nations Universal Periodic
Review, the Kyrgyz Government undertook to combat discrimination
based on sexual orientation and gender identity by accepting two
recommendations. This is an encouraging political signal. However,
I was recently informed by non-governmental organisations (NGOs)
of the drafting of a bill on prohibiting so-called “homosexual propaganda”
and would like to take this opportunity to express my deep concern
about this matter.
13. On 29 January 2014, Human Rights Watch published a report
on police violence against gay and bisexual men in Kyrgyzstan. This report contains statements
by victims of violence, harassment and extortion by the police because
of their sexual orientation. The report was published amidst a growing
climate of intolerance and homophobia. Following publication of
this report, the acting Grand Mufti Maksat Hajji Toktomushev issued
a fatwa against homosexuality. Activists defending the rights of
LGBT persons regularly face threats and intimidation. The United Nations Human Rights Committee
also condemned violence against LGBT people and called on the authorities
to investigate cases of violence, prosecute the perpetrators and
protect the victims.
This report contains statements
by victims of violence, harassment and extortion by the police because
of their sexual orientation. The report was published amidst a growing
climate of intolerance and homophobia. Following publication of
this report, the acting Grand Mufti Maksat Hajji Toktomushev issued
a fatwa against homosexuality. Activists defending the rights of
LGBT persons regularly face threats and intimidation. The United Nations Human Rights Committee
also condemned violence against LGBT people and called on the authorities
to investigate cases of violence, prosecute the perpetrators and
protect the victims. 14. Transgender men and women are also victims of violence and
are stigmatised in society. Gay men from ethnic minorities are victims
of multiple forms of discrimination.
15. Last January, we discussed discrimination against LGBT persons
at a bilateral meeting with the Kyrgyz delegation, which highlighted
the need for a change of attitudes in order to combat stereotypes.
Prejudice must be countered at the level of both politicians and
society in general. I therefore invite the Kyrgyz Parliament to call
on the expertise of the Council of Europe in order to combat homophobia
and homophobic violence.
4. Gender equality
16. The United Nations Development Programme has devised
a gender inequality index which takes into account political empowerment,
the labour market and reproductive health. Kyrgyzstan has a gender
inequality index (0.357) slightly higher than the majority of European
countries (ranging from 0.045 in the Netherlands to 0.366 in Turkey,
most countries falling between 0.200 and 0.300).
17. The electoral law provides for a 30% quota for women on lists
for members of parliament (28 members out of a total of 120). While
the participation rate of women at national level is higher than
in several Council of Europe member States, it still cannot be regarded
as satisfactory. I call on the authorities to step up their efforts to
increase the participation of women in political and public life,
at both local and national level. Women should also seek to obtain
positions of responsibility within political parties.
18. The 2010 Constitution lays down the principle of equal rights
between men and women and proscribes gender-based discrimination.
The national gender equality strategy running up to 2020 comprises
practical measures to combat discrimination. I cannot but encourage
the Kyrgyz authorities to develop and consolidate a culture of equality
in all fields.
19. Women are active in the political sphere and in the voluntary
sector. However, tradition weighs heavily on people’s attitudes,
with stereotyping typical of a patriarchal society, in which men
take part in public and economic life and women take care of their
families and their homes. The participation of women in economic life
is limited and has reportedly decreased in recent years.
5. Violence against women
20. The Kyrgyz government is committed to combating violence
against women and has taken a series of specific measures in recent
years. I welcome these moves and more particularly the adoption
of a national action plan to combat violence against women and a
law to combat violence against women (2011). Additional efforts
must be made and the financial resources made available to ensure
that these are put into effect.
21. Young girls are still being forcibly abducted, even though
abduction is now a criminal offence which carries a sentence (7
years’ imprisonment, or 10 years where the girl is under the age
of 17). Furthermore, the victims of these abductions are often subjected
to rape. In most cases, forced abduction results
in forced marriage. The police do not treat this problem as a priority
and have a tendency to turn a blind eye. Specific training should
be given to police officers and judges on combating violence against
women, including forced abductions, and national awareness-raising
campaigns should be run.
In most cases, forced abduction results
in forced marriage. The police do not treat this problem as a priority
and have a tendency to turn a blind eye. Specific training should
be given to police officers and judges on combating violence against
women, including forced abductions, and national awareness-raising
campaigns should be run.22. Polygamy, an offence under the Criminal Code, is believed
still to be practised. Domestic violence remains something of a
taboo subject and is not systematically reported. Economic difficulties
have confined many women to a violent environment, or have apparently
obliged them to agree to become a second or third wife.
23. Assistance to victims of domestic violence is provided by
shelters run by NGOs. To date, there are only 12 such shelters in
the country, facing significant financial difficulties. The reception
capacity of these shelters falls far short of victims’ needs.
6. The fight against trafficking in human beings
24. Kyrgyzstan is a country of origin and transit for
victims of human trafficking. Kyrgyz men and women are victims of
trafficking for the purposes of forced labour and are sent primarily
to the Russian Federation, Kazakhstan and Turkey. Kyrgyz women are
also victims of trafficking for sexual exploitation to the United
Arab Emirates, the Russian Federation, Kazakhstan and Turkey. Victims
of trafficking from Uzbekistan, Tajikistan and Turkmenistan transit
through Kyrgyzstan.
25. The Kyrgyz Government acknowledges this problem and has undertaken
to combat it. The law on preventing and combating trafficking in
human beings of 2005, amended in 2011, establishes trafficking for sexual
exploitation and forced labour as a criminal offence and provides
for a prison sentence ranging from 5 to 20 years. In January 2013,
the Kyrgyz Government adopted a national anti-human trafficking
action plan for the period 2013-2016.
26. Additional efforts and resources are required to identify
and investigate cases of trafficking and to prosecute the traffickers.
To this end, there should be training on the fight against trafficking
for police officers and judges.
7. Conclusions of the rapporteur
27. The granting of partner for democracy status is only
the beginning of a process of dialogue and co-operation. I support
the position of the Committee on Political Affairs and Democracy
that partner for democracy status should be granted to the Kyrgyz
Parliament. We suggest that this status be granted in order to encourage
closer co-operation with the Council of Europe, especially in the
areas discussed in this opinion.
28. In granting this status, the Assembly encourages the Kyrgyz
Parliament to continue its process of democratic development and
to strengthen the human rights protection system and its implementation.
29. The Committee on Equality and Non-Discrimination will be closely
monitoring developments regarding discrimination and violence based
on sexual orientation and gender identity, respect for the rights
and political representation of minorities and the question of violence
against women and trafficking in human beings. Ultimately, accession
to the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence (ETS No. 210) could
be encouraged. I also call on the delegation of the Kyrgyz Parliament
to follow the work of the parliamentary network “Women free from
violence”.
30. I cannot conclude without adding a few words about the human
rights defenders who play a key role in protecting and promoting
human rights. Representatives of non-governmental organisations
working to protect the rights of minorities have been subject to
harassment, intimidation and threats. In order to demonstrate its commitment
and attachment to the values of the Council of Europe, the Kyrgyz
Parliament should undertake to protect the human rights defenders
and enable them to work without being harassed and without fear
of reprisals.