| For a summary of Kyrgyzstan’s review at the first cycle please click here. |
21th UPR session
Date of review: 19 January 2015
Date of report adoption: 9 April 2015
Document number: A/HRC/29/4
|
SUMMARY SOGIESC issues during Kyrgyzstan’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
10. JS1 stated that religious and ethnic minorities, and lesbian, gay, bisexual, transgender (LGBT) persons, continued to face discrimination in the exercise of their right to freedom of expression and that their issues rarely received media coverage. Criminal provisions were abused to suppress critical discourse on the position of minorities in society.
11. JS6 noted the absence of anti-discrimination legislation, prohibiting discrimination on grounds of sexual orientation and gender identity. The Human Rights Watch (HRW) stated that LGBT persons experienced abuse and discrimination from state and non-state actors. JS6 referred to the documented cases of violence against and forced marriages of LGBT persons. It stated that LGBT persons were subject to torture, blackmailing, humiliation, illegal detention and rape by the police. HRW made a similar observation. JS5 documented cases of police violence and abuse towards transgender persons. HRW explained that fear of disclosure of personal information or of retaliation by the police prevented LGBT victims of police abuse from reporting.
12. JS5 stated that LGBT persons in general faced obstacles in accessing health services due to stigma and discrimination. In case of transgender persons, if the gender expression of a patient did not correspond to passport data, doctors might refuse to treat those patients. JS5 stated that legislation was not adjusted to address issues faced by transgender people.
13. HRW stated that in May 2014 members of Parliament registered a homophobic and discriminatory draft law, imposing criminal and administrative sanctions on mass media and others that are found “creating a positive attitude toward non-traditional sexual relations”. JS1 stated that the draft law, if passed, would target any public discourse around diverse sexual orientations and gender identities and would lead to the media avoiding any positive coverage of issues, affecting LGBT persons. JS6 observed that the legislative initiative was inconsistent with a number of UPR recommendations on freedom of expression as well as to the Constitution and international human rights law.
14. HRW concluded that the Government did not implement the UPR recommendation no. 76.6238 to “intensify in practice sanctions in cases of […] discrimination against women due to sexual orientation […]” and the UPR recommendation no. 77.1339 to “review the compliance of its national legislation with provisions of the ICCPR on non-discrimination, in particular with regard to […] sexual orientation or gender identity”. JS5 and JS6 made similar conclusions.
15. HRW recommended that Kyrgyzstan publicly reaffirm that all people have the right to live free from discrimination and violence based on their sexual identity. JS6 recommended that Kyrgyzstan implement programs to prevent discrimination, violence, hate crimes against and forced marriages of LGBT persons and adopt and implement a comprehensive anti-discrimination law, which bans direct and indirect discrimination based on sexual orientation and gender identity. HRW recommended withdrawing the draft law on “dissemination of information about non-traditional sexual relations” and refraining from introducing bills that would discriminate against LGBT persons.
II. Excerpts on SOGIESC issues from the national report
134. The Constitution provides that no person shall be discriminated against on grounds of sex or other circumstances. Human rights organizations whose aim is to advance the rights and interests of lesbian, gay, bisexual and transgender (LGBT) persons operate freely in Kyrgyzstan. Despite the high level of stigma and frequent discrimination in society against LGBT persons, these organizations cooperate with the authorities and take part in decision-making processes along with other civil society organizations. Work is going on at the moment with the participation of LGBT organizations on legislative amendments to develop procedures that will allow transgender persons officially to change their sex and have their identity documents altered.
157. With the assistance of international organizations, a series of consultative activities were held with civil society organizations from different regions of the country during the preparation of the national report, and an open and constructive dialogue took place. The final review of the national report of Kyrgyzstan under the universal periodic review process was held on 24 October 2014. The civil society organizations noted the high quality of the national report, and the fact that it reflects the main trends in the field of human rights protection. However, the report does not reflect a number of important problems relating to human rights issues such as the situation of human rights defenders in the country, the issue of violence by staff of the law enforcement agencies against LGBT persons, the under-representation of ethnic minorities in the civil service, the situation of religious minorities and respect for human rights while ensuring public order during peaceful assemblies. Civil society organizations have expressed particular concern about bills currently under consideration that would prohibit positive attitudes towards LGBT persons, ban unregistered citizens’ associations and impose strict registration procedures as “foreign agents” and reporting requirements on NGOs that receive funding from foreign sources. During the consultations, the need was noted for more detailed information on the above issues to be presented to the Human Rights Council. The Human Rights Coordinating Council, which reports to the Government, took account of the comments by civil society, and the recommendations made during the consultations are not only reflected in the text of the national report, but are also included in the delegation’s information materials for the presentation of its national report.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
14. The Special Rapporteur on violence against women noted a high level of homophobia, discrimination and violence against LGBT persons. The HR Committee and UNCT made a similar observation. CAT was concerned at reports of police harassment, arbitrary arrest and torture perpetrated against LGBT persons.
IV. References to SOGIESC issues during the Working Group review
30. Regarding the bill on the prohibition on the formation of positive attitudes towards lesbian, gay, bisexual and transgender (LGBT) persons, the delegation stated that the bill had been widely discussed within the society and by the parliament. Different views, including negative and critical comments, had been expressed by members of the parliament and by civil society representatives. A working group had been established under the relevant parliamentary committee to study international experience and expertise on that issue and to suggest relevant amendments to the draft law. The parliament was committed to law-making through the process of wide and thorough discussions with relevant stakeholders.
33. Sweden noted that inter-ethnic reconciliation and greater representation of ethnic minorities were priorities. It noted with concern violence against and slander of LGBT persons, and the draft legislation on “dissemination of information about non-traditional sexual relations”. Sweden encouraged training on LGBT issues.
52. Austria expressed concern about torture and ill-treatment in police detention; violence, harassment and discrimination on the basis of sexual orientation; the parliament’s consideration of so-called “anti-gay propaganda” and the “foreign agents” bills; and violence against women
72. Croatia […] asked about action taken to fight discrimination and violence against LGBT persons.
77. Finland expressed concern at the bills on foreign agent NGOs and on limiting information on non-traditional sexual orientations and inquired about the status of those bills.
99. The Netherlands […] was concerned about legislative initiatives negatively affecting the space for civil society, in particular LGBT persons.
114. Spain […] was concerned about the legal initiatives resulting in discrimination based on sexual orientation.
V. Conclusions and/or recommendations
Kyrgyzstan accepted the following recommendations:
117.40. Ensure that national legislation conforms to international human rights standards on non-discrimination, particularly concerning sexual orientation and gender identity, gender and racial discrimination (Brazil);
117.41. Ensure equal rights and opportunities to all persons without distinction and promote policies to prevent discrimination based on sexual orientation and gender identity (Uruguay);
117.42. Ensure that allegations of violence, torture, inhuman and degrading treatment of LGBT persons, by government and non-government actors, are investigated promptly and efficiently and that perpetrators are brought to justice (Sweden);
117.43. Undertake all necessary measures to prevent discrimination and violence against LGBTI persons (Slovenia);
117.106. Ensure that its legislation protects the rights of everyone, regardless of their sexual orientation and gender identity, minority status or any other basis, to freedom of expression and assembly, freedom from discrimination and equality before the law (Finland);
119.12. That any changes in legislation uphold fundamental freedoms and ensure non-discrimination, including on the basis of religion or sexual orientation (Australia).
Kyrgyzstan noted the following recommendations:
118.18. Adopt comprehensive anti-discrimination legislation effectively fighting and preventing discrimination on all grounds, including ethnicity, religion, gender and sexual orientation (Czech Republic);
118.20. Enact specific legislation to prohibit discrimination against persons based on sex, race, colour, religion, national origin and sexual orientation (Canada);
118.21. Withdraw the draft law on “formation of positive attitude to nontraditional sexual relations’’ and develop and implement comprehensive anti-discrimination legislation, in close cooperation with civil society (Austria);
118.22. Include sexual orientation and gender identity in the national legislation on discrimination, and establish policies and initiatives to address discrimination against LGBTI persons (Chile);
118.23. Criminalize homophobic hate speech in the public discourse (Serbia);
118.24. Adopt and implement legislation ensuring effective protection of LGBT people, inter alia on the prohibition of discrimination and hate crimes, a confidential complaints mechanism and protection of LGBT minors (Netherlands)
119.13. Refrain from adopting the discriminatory draft law on “formation of positive attitude to non-traditional sexual relations” (Canada);
119.14. Repeal any law or bill that does not meet international standards on non-discrimination on the grounds of sexual orientation (Spain);
119.15. Make additional efforts to fight against homophobia, discrimination and violence against LGBT persons (Montenegro);
119.16. Adopt public policies that protect against all forms of discrimination and violence based on sexual orientation and gender identity (Spain);
119.21. Refrain from adopting any legislation, such as the draft law on “foreign agents” and the draft law on “dissemination of information about nontraditional sexual relations” that will limit the fundamental rights to freedom of expression, association and assembly (Denmark);
119.27. Refrain from any action incompatible with the non-discrimination of religious and ethnic minorities as well as of LGBT persons (Switzerland).
VI. Further information
You will find all documents relating to Kyrgyzstan’s second review at UPR-Info and OHCHR’s websites.