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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