A/HRC/32/36/Add.3 resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications. Draft Law on Introducing Amendments and Changes to Some Legislative Acts of the Kyrgyz Republic (“Foreign agents” Law) 518. The Special Rapporteur once again reiterates his concern that the draft Law on Introducing Amendments and Changes to Some Legislative Acts of the Kyrgyz Republic (“Foreign agents” Law) may arbitrarily restrict the right to freedom of association and obstruct the legitimate work of organisations, including human rights organisations, in the country (KGZ 2/2015). He regrets that the draft “foreign agents” Law was passed by the parliament in the preliminary reading in early June 2015, despite widespread criticism. 519. The draft law requires non-commercial, non-governmental organisations involved in “political activities” and receiving funds by foreign sources to register as “foreign agents”. It permits further control of NGOs and civil society organisations, including human rights organisations, in the country and criminalises NGOs deemed to “incite citizens to refuse to fulfil their civic duties” with a sentence of up to three years imprisonment. The Special Rapporteur expresses grave concern about the potential impact of the law on civil society, including human rights organisations. Draft Bill on the formation of a positive attitude toward non-traditional forms of sexual relations 520. The Special Rapporteur reiterates his grave concerns regarding the draft Bill on the formation of a positive attitude toward non-traditional forms of sexual relations and regrets that the Kyrgyz Government has not responded to the communication sent on 30 July 2015 (KGZ 2/2015). The draft Bill may have discriminatory consequences and negative impacts it could have on the peaceful and legitimate work of human rights defenders. The Bill would amend several pieces of legislation, including the Law on Peaceful Assembly, and introduce a range of criminal and administrative sanctions on persons contributing towards the creation of “a positive attitude toward non-traditional sexual orientation.” 521. The Special Rapporteur reiterates his concern at the detrimental effect of the Bill on the peaceful and legitimate work of human rights defenders in the Kyrgyz Republic who are working to protect and promote the rights of the LGBTI community. He reminds the Government of the Kyrgyz Republic of its obligation to safeguard the human rights of LGBTI people in accordance with international human rights law based on Universal Declaration of Human Rights, which, in article 1, unequivocally reads: “All human beings are born free and equal in dignity and rights” (A/HRC/26/29, para. 20). He reminds the Government of the Kyrgyz Republic of the Committee on the Elimination of Discrimination Against Women recommendation, which urges the State to ensure the draft Bill is not adopted (CEDAW/C/KGZ/CO/4, para. 10(a)), as well as the reports of the Human Rights Committee regarding violence perpetrated against LGBTI people and a failure to address such violence (CCPR/C/KGZ/CO/C, para. 9). 522. The Special Rapporteur reiterates his grave concerns about the increased targeting of human rights defenders and civil society organisations, by both State and non-State actors, in the Kyrgyz Republic. In particular, he refers to the case of three human rights defenders, Mr. Dimitry Kabak, Mr. Khusanbay Saliev and Mr. Valerian Vakhitov, and several human rights organisations; the Human Rights Advocacy Centre, Labrys and Human Rights Watch (KGZ 2/2015). He regrets that the Government has not responded to the communication sent. He reiterates his grave concerns about the increased level of harassment against civil society and human rights defenders in the country. 75

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