A/HRC/20/12
II. Human rights developments and technical assistance
A.
Legislation and policies
8.
During the reporting period, several legislative reforms were initiated concerning
human rights issues. Most of them are still at the drafting stage. ROCA has provided
technical assistance and advice in all cases. However, some concerns remain regarding the
formal adoption of the proposals.
Draft Concept Note on Legal Policy for 2012-2016
9.
In February 2011, the Ministry of Justice initiated the drafting of a Concept Note on
Legal Policy of the Kyrgyz Republic for 2012-2016 with the aim of strengthening the rule
of law and human rights protection based on the 2012 Constitution, and taking into account
best practices from around the world and academic views. The concept outlines the key
directions for reform in various branches of law in order to improve practice, legal
education and public awareness on national legislation. In November 2011, the Draft
Concept Note was informally launched by the Ministry of Justice. However, it was not
followed by a broader consultation with participation of stakeholders, such as civil society.
10.
ROCA has consistently advised on bringing national legislation in line with
international human rights norms and standards. Following the presidential elections and
government restructuring, it is unclear for ROCA whether the draft Concept Note will be
finalized and submitted for the Government’s approval and adoption by Parliament.
Draft Concept Notes on Ethnic Policy
11.
Two draft concept notes on ethnic policy are currently under discussion by the
Government. Drafting for both was initiated in the summer of 2011 but was delayed by the
Presidential elections and the formation of a new Government.
• The draft Concept on Ethnic Policy and Society Consolidation was drafted by the
Department on Inter-ethnic and Religious Issues of the Presidential Administration
in May 2011 and supported by the People’s Assembly of Kyrgyzstan on 18 June,
2011. It is a comprehensive document intended to outline key principles and policies
directed at fostering inter-ethnic cooperation, societal consolidation and respect for
minority rights. It includes a number of recommendations suggested by ROCA and
other international organizations. It covers participation in political, economic and
public life, media and culture, multicultural and multilingual education, language
and inter-ethnic relations at the local level.
• The draft State Concept of National Policy of the Kyrgyz Republic was developed
by the Ata-Jurt political party parliamentary faction. The document was adopted by
Parliament at the first reading on 30 June 2011. ROCA provided comments noting
inconsistencies with international norms and standards on minority protections.
12.
On 1 February 2012, President Atambaev signed a decree to strengthen public
security in Kyrgyzstan. Inter alia, the decree tasks the President’s Office with completing
the development of an ethnic policy concept in cooperation with civil society and
Parliament, and reconciling the draft Concept on Ethnic Policy and Society Consolidation
and the draft State Concept of National Policy of the Kyrgyz Republic into one
comprehensive document on ethnic policy for consideration by the Defence Council at the
end of March 2012.
13.
ROCA has been supporting the authorities in their efforts to reconcile the two drafts
through the provision of technical expertise.
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