A/HRC/17/41
7.
On 3 May 2010, Kyrgyzstan was reviewed by the Human Rights Council, in the
context of the universal periodic review. During the adoption of the outcome document on
21 September 2010, Kyrgyzstan accepted 152 recommendations, including that the
provisional Government ensure full respect for the rule of law and human rights and in this
regard, abide by all of its international obligations and commitments. Kyrgyzstan rejected 3
recommendations, 6 were commented on with no clear position and 12 remain pending.1
A.
Legal reforms
8.
The unrest of 7 April 2010 resulted in the ousting of President Kurmanbek Bakiyev.
The Interim Government that came to power introduced a new Constitution, adopted by
referendum on 27 June 2010. On 12 July 2010, a governmental working group chaired by
the interim Minister of Justice was established to bring national legislation into line with
the new Constitution.
9.
The working group identified a list of 30 laws to be urgently reviewed and amended.
The interim Ministry of Justice demonstrated openness and a readiness to include civil
society experts as full-fledged members of the working group.
10.
A total of 15 of the 30 laws have been reviewed, adjusted and submitted to the
Government with assistance from the European Union-United Nations Development
Programme (UNDP) project on support to constitutional reform. Within the parameters of
the legislative review, the human rights and gender agenda were significantly strengthened
with the support of international and national experts engaged by UNDP, OHCHR, the
European Union, the United Nations Office on Drugs and Crime, and the Soros Foundation.
11.
Efforts were further undertaken to elaborate new draft laws on freedom of assembly
and freedom of religion, as well as a set of draft amendments to the Law on Access to
Information and to the Criminal Procedure Code. All directly relate to human rights
safeguards required by international law and were presented to the working group under the
interim Ministry of Justice. Following the formation of the Government and the reshuffle of
the Cabinet of Ministers in late 2010, these draft laws were agreed upon by the new heads
of the ministries and agencies and submitted to the Office of the Cabinet for its
consideration. According to the Government, the draft laws and sets of draft amendments
will be submitted to the Parliament shortly.
12.
In February 2011, the Presidential Administration initiated a concept for legal
development with the support of the Government, the Parliament and civil society. The
concept for legal development is an important tool for the mapping of future legal reforms,
for advancing the Constitutional reform process, and for promoting further compliance of
national laws with international human rights standards. ROCA, with various international
organizations, is currently reviewing the modalities to support this process in order to
ensure its inclusiveness, transparency and accountability.
B.
Elections
13.
The constitutional referendum held on 27 June 2010 reduced presidential powers
and boosted those of the parliament and the prime minister. The proposed amendments to
the Constitution were accepted by 90 per cent of those who voted. The referendum, held
1
4
The three recommendations rejected related to the creation of a specific institution to ensure the
proper implementation of measures on gender equality and violence.
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