Kyrgyzstan

For a summary of Kyrgyzstan’s review at the second cycle please click here.

8th UPR session
Date of review: 3 May 2010
Date of report adoption: 16 June 2010
Document number: A/HRC/15/2

SUMMARY

SOGIESC issues during Kyrgyzstan’s 1st UPR review
Civil society submissions: ✓ (2 submissions)
National report: ✘
UN information: ✓
Working group discussions: ✘
Recommendations: ✓ (2 accepted)

I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination

10. HRW noted that lesbian women experience discrimination as a result of their sexual orientation or gender identity, including in the form of violent physical assaults. It also noted that lesbians, bi-sexual women, and transgender men face violence, rape, psychological abuse, confinement and stigmatization. HRW recommended that Kyrgyzstan publicly reaffirm that all people have the right to live free from discrimination and violence based on their sexual identity, and that any acts to the contrary are illegal and will be prosecuted.

11. JS1 noted that despite the decriminalization of sex between men in 1998, police continued to detain and harass gay men. JS1 recommended that Kyrgyzstan take all necessary measures to prevent and provide protection from all forms of violence and harassment related to sexual orientation and gender identity.

Right to life, liberty and security of the person

20. JS1 noted that many families of lesbian, gay, bisexual and transgender people (LGBT) react with negativity, pressure and sometimes violence when they find out about their family member’s sexuality. Dozens of cases of domestic violence, including beating, humiliation, house arrest, restricted movement and curative rape against LGBTs had been documented. JS1 noted reports of law enforcement bodies’ raiding LGBT organizations.

Right to social security and to an adequate standard of living

52. JS1 noted that LGBT people were unlikely to address their health concerns fearing discrimination, disclosure and prejudice from the medical specialists. JS1 recommended including most recent research and information about sexual orientation and gender identity in medical universities’ curriculum; implementing training programs to address medical and other health agent’s prejudices against LGBT patients; and ensuring LGBT people’s access to quality health services.

II. Excerpts on SOGIESC issues from the national report
No references.

III. Excerpts on SOGIESC issues by UN agencies
Right to life, liberty and security of the person

23. In 2009, the Special Rapporteur on violence against women said that the most prevalent forms of violence against women included domestic violence, bride-kidnapping, under-age marriages, unregistered marriages, trafficking, polygamy, violence and discrimination against women based on their sexual orientation and gender identity, and violence committed by law enforcement agents. The UNCT also noted that domestic violence against women, bride kidnapping, sexual harassment, rapes, forced and early marriages and polygamy are widespread. Provisions of the 2003 Law on Domestic Violence are often not implemented in practice. CEDAW recommended full respect of the laws penalizing bride abduction, forced marriage and polygamy. It also recommended, inter alia, that training programmes for the police be strengthened and that the judiciary effectively use or strengthen the existing mechanisms, so as to ensure that the rights of victims of domestic violence are properly protected.

IV. References to SOGIESC issues during the Working Group review
No references.

V. Conclusions and/or recommendations
Kyrgyzstan accepted the following recommendations:

76.62. Intensify in practice sanctions in cases of domestic violence, bride kidnapping, forced marriage, polygamy and discrimination against women due to sexual orientation, as well as promote mechanisms of protection that guarantee the rights of victims of domestic violence (Uruguay);

77.13. Review the compliance of its national legislation with provisions of the International Covenant on Civil and Political Rights on non-discrimination, in particular with regard to women and persons of minority ethnicity, sexual orientation or gender identity (Czech Republic).

VI. Further information
You will find all documents relating to Kyrgyzstan’s first review at UPR-Info and OHCHR’s websites.