Human Rights Watch has called upon Kyrgyz President Sadyr Japarov to support Kyrgyzstan’s nongovernmental sector and retract a contentious draft law aimed at stifling the country’s dynamic civil society. The organization issued its statement today, expressing grave concerns over the draft law’s potential to curtail freedom of association and silence dissenting voices.
The bill, which passed its third parliamentary reading on March 14, 2024, awaits the president’s decision within the next month. If enacted, the legislation would mandate nongovernmental organizations (NGOs) receiving foreign funding and engaging in vaguely defined “political activities” to register on a special registry of “foreign representatives.” Additionally, these organizations would be required to label all publications as “produced and distributed by a noncommercial organization performing the functions of a foreign representative” or acting in the interests of their foreign funders.
Tirana Hassan, Executive Director at Human Rights Watch, emphasized the importance of advocating for the rights of vulnerable groups, urging the government to support rather than impede such endeavors. The draft law’s resemblance to legislation in Russia, condemned by the European Court of Human Rights for violating fundamental freedoms, raises significant concerns regarding its potential impact on civil liberties in Kyrgyzstan.
Introduced in May 2023, the draft law swiftly progressed through parliamentary readings, despite widespread criticism. In addition to imposing discriminatory labeling on NGOs, the legislation would grant the government enhanced oversight powers, allowing interference in their internal and external activities, as well as scrutiny of their expenditures.
Human Rights Watch underscored the broad definition of political activity outlined in the bill, encompassing various legitimate activities such as organizing public events, engaging in electoral processes, and advocating to governmental bodies. Such overreach poses a serious threat to the fundamental rights of NGOs to operate freely and contribute to civic education and human rights advocacy.
The labeling of NGOs receiving foreign funding as “foreign representatives” further stigmatizes Kyrgyzstan’s civil society and human rights defenders, perpetuating unwarranted suspicion and undermining their legitimacy.
International partners, including the European Union, the United States, and several other nations, have expressed profound concern over the draft law’s potential ramifications, urging President Japarov not to sign it. Similarly, the Organization for Security and Cooperation in Europe (OSCE) and three UN special rapporteurs have raised alarm about the bill’s adverse effects on civil society, human rights defenders, and media freedom.
The draft law’s inconsistency with Kyrgyzstan’s international human rights obligations and its potential to undermine democratic principles have prompted calls for its withdrawal. Human Rights Watch emphasized the importance of fostering an enabling environment that upholds freedom of association and ensures the continued vibrancy and openness of Kyrgyzstan’s diverse civil society.
As President Japarov deliberates on the fate of the draft law, advocates emphasize the critical role of civil society organizations, grassroots movements, and human rights defenders in promoting inclusivity and democracy in Kyrgyzstan.