A/HRC/45/2
393. With respect to the recommendation to ensure in the constitution the supremacy of
international human rights law over domestic law, the delegation informed that, in
accordance with Kyrgyzstan’s Constitution, the international treaties that had come into
force in the manner prescribed by the law, and to which Kyrgyzstan were party, were a
constituent part of Kyrgyzstan’s legal framework.
394. In terms of vulnerable groups, while Kyrgyzstan had noted recommendations
pertaining to the protection and advancement of the LGBTI community, and adoption of
comprehensive legislation against discrimination based on sexual orientation and gender
identity, the delegation underlined that nobody in Kyrgyzstan could be subject to
discrimination based on gender, race, language, disability, ethnic affiliation, religion, age,
political or other beliefs, education, origin, property or other. Kyrgyzstan was making
successive steps in its national legislation’s adaptation to international standards regarding
LGBTI persons, including the right to gender reassignment and associated changes in
passport details, affirmed by law.
395. On torture, the delegation noted the recommendation for the creation of an
independent body for investigating all allegations of torture, and stated its belief that
Kyrgyzstan’s existing legislation contained adequate provisions in this respect. It asserted
that, under Kyrgyzstan’s criminal legislation, pre-trial procedures were conducted by
independent bodies governed by law, the Military prosecutor’s office and the State
Committee of National Security.
396. With respect to adopting a comprehensive freedom of information law in line with
the International Covenant on Civil and Political Rights, the delegation deemed that
existing legislation contained adequate provisions to protect mass media, freedom of
speech, and freedom of expression.
397. On inciting racial, ethnic, national, religious and trans-regional hatred, and the
recommendation to amend Article 313 of the Criminal Code to bring it in compliance with
Articles 19(3) and 20(2) of the International Covenant on Civil and Political Rights, the
delegation asserted its belief that the Criminal Code Article did not contradict these Articles
of the Covenant.
2.
Views expressed by Member and observer States of the Council on the outcome of the
review
398. During the adoption of the outcome of the review of Kyrgyzstan, 13 delegations
made statements.**
399. Saudi Arabia expressed its appreciation for the efforts of Kyrgyzstan to further
bolster human rights in line with international standards. It recommended that the Human
Right Council adopt the report of the Working Group outcome on Kyrgyzstan, and
expressed the hope that Kyrgyzstan would succeed in implementing the supported
recommendations.
400. Sri Lanka appreciated that Kyrgyzstan had accepted 193 out of 232
recommendations received from delegations, including five out of six recommendations
made by Sri Lanka. Sri Lanka noted the Government’s efforts to combat human trafficking,
and legislative amendments introduced for improvements in fair trial guarantees and
** The statements of the delegations that were unable to deliver them owing to time constraints which
were made available are posted on the extranet of the Human Rights Council, at
https://extranet.ohchr.org/sites/hrc/HRCSessions/RegularSessions/45session/Pages/Oralstatements.aspx
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