A/HRC/45/13/Add.2
assessed individually and in accordance with due process. In particular, the Working Group
received information indicating that many migrant workers from Xinjiang autonomous
region of China lost their work permits once their passports expired, were allegedly not
informed about their rights, including the right to seek asylum, were deported – frequently
upon the request of the Chinese authorities – and were subsequently subjected to enforced
disappearance.
39.
During its visit, the Working Group received fragmented and inconsistent
information from different interlocutors about the administrative procedures applicable at
the borders of Kyrgyzstan in cases of foreign nationals seeking temporary protection or
asylum. This is worrisome, especially in the light of several reports of such persons having
been forcibly deported and given the small number of individuals granted either temporary
protection or asylum. The Working Group therefore welcomes information indicating that
the border protection and migration services, in cooperation with the Office of the United
Nations High Commissioner for Refugees and its partners, have been developing guidelines
for the identification and referral of asylum seekers arriving at the borders of Kyrgyzstan
and that the guidelines focus on the right to seek asylum and to gain access to the territory
of Kyrgyzstan of refugees and asylum seekers, including those arriving in an irregular
manner.
VI. Conclusion
40.
The Government of Kyrgyzstan has made significant legislative improvements to
provide protection against enforced disappearance in recent years. In particular, the
introduction of the new crime of enforced disappearance and legislative changes aimed at
improving the notification and registration requirements during initial apprehension and
detention are positive developments.
41.
Despite these measures and the statements made by the country’s leadership about
there being strong political will and about robust action being taken to counter enforced
disappearance and torture, substantive changes in practice are still lacking. A concerted
effort is recommended, in particular, to eradicate the widespread problem of enforced
disappearance of short duration following the initial apprehension of suspects, as now
defined in the Code of Criminal Procedure.
42.
The principle of non-refoulement is a critical safeguard against enforced
disappearance. The Working Group reiterates the need to ensure that the principle is
enshrined in Kyrgyz legislation and implemented in practice so that no individual is
expelled, returned or extradited to a State where there are substantial grounds to believe that
he or she may be at risk of enforced disappearance.
43.
A small number of individuals remain missing and bodies are pending identification
in relation to the inter-ethnic violence that broke out in the southern provinces in 2010. The
Working Group encourages the Government to undertake further efforts to resolve these
cases and to fully address the consequences of the events.
44.
Going forward, Kyrgyzstan has an opportunity to take a few more steps to ensure
full protection from enforced disappearance. In particular, prompt ratification of the
International Convention for the Protection of All Persons from Enforced Disappearance
would help cement progress made. The Working Group reiterates its willingness to assist
Kyrgyzstan in closing the few remaining gaps to ensure full protection against enforced
disappearance in the country.
VII. Recommendations
45.
The Working Group recommends that the Government of Kyrgyzstan:
(a)
Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance as soon as possible and thereby expressly recognize the
competence of the Committee on Enforced Disappearances in accordance with articles
31 and 32 of the Convention;
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents