Human rights in Kyrgyzstan

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Human rights in Kyrgyzstan improved after the ouster of President Askar Akayev in the 2005 Tulip Revolution and the installment of a more democratic government under Roza Otunbayeva. [1] While the country is performing well compared to other states in Central Asia, many human rights violations still take place. While LGBT rights have been declining in recent years, [2] freedom of press has been improving. [3]

Contents

The democratic performance of the country has been declining since 2014. [4] Corruption is still an issue in the country although it has been steadily declining since 2008. [5]

Formerly a republic of the Soviet Union, Kyrgyzstan became independent in 1991. Remaining reasonably stable throughout most of the 1990s, the country's young democracy showed relative promise under the leadership of Akayev, [6] but moved towards autocracy and authoritarianism by the early 2000s, achieving a 5.5 rating from Freedom House in 2000. [7] In 2020 the country is considered "partly free" by Freedom House with a score of 39 out of 100. [8]

In 2004, prior to the democratic revolution, Kyrgyzstan was rated by Freedom House as "Not Free," with a 6 in Political Rights and 5 in Civil Liberties (scale of 1-7; 1 is the highest). This indicated marked regression, from a 4.3 rating a decade earlier in 1994. Although the 1993 Constitution defines the Kyrgyz Republic as a democratic republic, President Askar Akayev continued to dominate the government. Serious irregularities reportedly marred 2003 a national constitutional referendum as well as presidential and parliamentary elections in 2000. [7]

History

On September 14, 2001 the Kyrgyz Ministry of Interior declared it had implemented "passport control regime" against "pro-Islamic" activists in the southern part of Kyrgyzstan. Following the reelection of President Askar Akayev in 2003, the government reportedly "intensified" harassment of political opposition members, independent news media groups, religious groups and ethnic minorities, according to Human Rights Watch. [9] In advance of elections in February 2005, the Akayev government reportedly increased political restrictions on Kyrgyz citizens, in order, according to some outside observers, to prevent a "democratic revolution" like the recent one in Ukraine.

Human rights under Akayev's regime in 2004 reportedly remained poor; although there were some improvements in several areas, problems remained. Citizens' right to change their government remained limited and democratic institutions remained fragile. Members of the security forces at times beat or otherwise mistreated persons, and prison conditions remained poor. Impunity remained a problem, although the Government took steps to address it during the year. There were cases of arbitrary arrest or detention. Executive branch domination of the judiciary as well as corruption limited citizens' right to due process. [10]


In June 2005, Kyrgyz officials said that 29 Uzbek refugees who had fled to Kyrgyzstan in the wake of the Andijan massacre would be returned to Uzbekistan. [11] The United Nations and human rights groups criticized this decision, stating the refugees faced possible torture or execution upon their return. However, on June 27, the 439 Uzbek refugees were airlifted to safety out of the country by the United Nations. [12]

Current situation

Press freedom

Press freedom in Kyrgyzstan has been increasing since the crackdown on the media that preceded the 2017 elections and the pluralism in the Kyrgyz media landscape is exceptionally high in the Central Asian region. [3] While performing relatively well, issues remain for journalism in the country. Sensitive government information is often inaccessible, journalists risk sanctions for covering controversial topics (like corruption) and ineffective media policy and management weaken the role of journalism in the country. Critical journalism is present in the country, but many media outlets don't cover topics that are too politically sensitive. [13] Journalism in Kyrgyzstan, especially when related to religious topics or inter-ethnic relations, often still lack neutrality in its coverage. [3] [14]

Women's rights

The country suffers from high and rising inequalities, women are largely excluded from decision-making. Violence against women is widespread and takes many forms, including domestic violence, bride kidnapping, trafficking, early marriages and physical abuse. The negative reinterpretation of some cultural and social practices increasingly restricts women’s rights to control their lives. Rural women and girls have restricted access to productive resources. [15]

Kyrgyzstan strengthened the 2016 Family Violence Law a year later and criminalized domestic violence in January 2019. However, authorities are not consistently enforcing protective measures for women and girls, including both the Family Violence Law and a 2016 law to curb child and forced marriage. [2] In cooperation with the United Nations Kyrgyzstan developed a policy plan to decrease gender inequality in 2013, but women still suffer from their subordinated position in society. [15]

Bride kidnapping

As a consequence of changes in gender ideologies in Kyrgyzstan, there has been a revival and legitimation of nonconsensual bride kidnapping as a national tradition. [16] In this practise the groom abducts a girl off the street with a group of friends and brings her to his parents. Traditionally the women of the family will try to convince the girl to marry the boy who abducted her. Often girls have little choice, because refusing to marry often leads to being outcast by their parents. [17] Even though in Kyrgyz law the practice is considered illegal and a violation of human rights since 2013, up to 50% of ethnic Kyrgyz marriages are a result of kidnappings, both consensual and non-consensual. [16] [18] In April 2021, protests broke out in Bishkek after a woman was found dead following a bride kidnapping. [18] The country's president Sadyr Japarov released a statement calling for the incident to be "the last bride kidnapping in history". [19]

LGBT rights

Both male and female same-sex sexual activity are legal in Kyrgyzstan, but same-sex marriage is not recognised and even explicitly banned in the constitution since 2016. [20] Lesbian, gay, bisexual, and transgender (LGBT) people continue to face ill-treatment, extortion, and discrimination by state and non-state actors. [2]

Domestic violence against LGBT minors is a major issue and victims have limited access to government support. LGBT people are often unable to seek protection because of violence and other abuses by law enforcement agencies. Ill-treatment against LGBT people by law enforcement authorities is a systemic phenomenon in Kyrgyzstan according to Kyrgyz Indigo, a local LGBT advocacy group. [21]

Various nationalist groups threatened LGBT interest groups during demonstrations in 2019, several parliament members responded by expressing their aversion to same sex couples, where one member said LGBT people should be “not just cursed, but beaten.” [2]

Transgender people are allowed to change legal gender in Kyrgyzstan, but require undergoing sex reassignment surgery. The first such surgery was performed in Bishkek in January 2014. [22]

Recent developments

In a move to restrict the freedom of assembly amendments were made to the Law on the Right of Citizens to Hold Peaceful Assemblies 2002 in 2008 by the government and enacted by the president in 2010. [23] Human Rights Watch criticised the amendments, claiming that they are violating the Kyrgyz constitution and international law. [24]

In a move that alarmed human rights groups, dozens of prominent Uzbek religious and community leaders were arrested by security forces following the 2010 South Kyrgyzstan riots, including journalist and human rights activist Azimzhan Askarov. [25] Following a trial criticised by several international human rights organizations, Askarov was given a life sentence charges including creating mass disturbances, incitement of ethnic hatred, and complicity in murder. [26] Various human rights organizations stated that they believe the charges against him and his co-defendants to be politically motivated. [27] Amnesty International considers Askarov a prisoner of conscience and is currently campaigning for his immediate release and an investigation into his allegations of torture by law enforcement. [28]

On May 18, 2011, the Kadamjay Regional Court sentenced two young men, Iskandar Kambarov (18 years old) and Jonibek Nosirov (22 years old) to seven years in prison on the charge of possessing two DVDs of an extremist Islamic organization. The two men are not Islamic, but Jehovah’s Witnesses. The Norwegian human rights organization Forum 18 claims that the DVDs were planted as false evidence during a police raid. Their sentenced got overturned but it is unclear how the court case has developed further. [29]

A more recent development took place in December 2017 with a negotiation between the EU and Kyrgyzstan. The purpose of the negotiation was to increase cooperation and agree upon a mutual understanding of countering terrorism. The discussion was centred around the respect for human rights as the EU Parliament called for political activist Azimjon Askarov to be released from his imprisonment. [30]

Recently in 2019, during Soronbai Jeenbekov's presidency still no agreement was made on media freedom in Kyrgyzstan. Azimjon Askarov, a human right activists, still remains in prison. [31]

In late July, human rights defender Azimzhan Askarov died in prison in Kyrgyzstan. He was 69 years old and was serving life imprisonment. Kyrgyz authorities ignored the United Nations Human Rights Committee ruling to release Askarov, as he was arbitrarily detained, tortured, and denied a fair trial. In May 2020, he made a final appeal, and Kyrgyz Supreme Court sustained his sentence. [32]

In 2021 the caretaker parliament passed legislation that would punish groups that cause "political enmity" a move that according to Human Rights Watch would undermine freedom of expression and association. [33]

Historical situation

The following chart shows Kyrgyzstan’s ratings since 1991 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free". [34] 1

In 2023, the country scored 27 out 100 for overall freedom; it was ranked as "not free". [35]

Religious freedom

In 2023, the country scored 2 out of 4 for religious freedom. [35]

See also

Notes

1. ^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
2. ^ As of January 1.

Related Research Articles

<span class="mw-page-title-main">History of Kyrgyzstan</span>

The history of the Kyrgyz people and the land now called Kyrgyzstan goes back more than 3,000 years. Although geographically isolated by its mountainous location, it had an important role as part of the historical Silk Road trade route. Turkic nomads, who trace their ancestry to many Turkic states such as the First and Second Turkic Khaganates, have inhabited the country throughout its history. In the 13th century, Kyrgyzstan was conquered by the Mongols; subsequently it regained independence but was invaded by Kalmyks, Manchus, and Uzbeks. In 1876, it became part of the Russian Empire, remaining in the USSR as the Kirghiz Soviet Socialist Republic after the Russian Revolution. Following Mikhael Gorbachev's democratic reforms in the USSR, in 1990 pro-independence candidate Askar Akayev was elected president of the SSR. On 31 August 1991, Kyrgyzstan declared independence from Moscow, and a democratic government was subsequently established.

<span class="mw-page-title-main">Kyrgyzstan</span> Country in Central Asia

Kyrgyzstan, officially the Kyrgyz Republic, is a landlocked country in Central Asia, lying in the Tian Shan and Pamir mountain ranges. Bishkek is the capital and largest city. Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the south, and China to the east and southeast. Ethnic Kyrgyz make up the majority of the country's 7 million people, followed by significant minorities of Uzbeks and Russians.

<span class="mw-page-title-main">Islam in Kyrgyzstan</span>

The vast majority of people in Kyrgyzstan are Muslims; as of 2020, 90% of the country's population were followers of Islam. Muslims in Kyrgyzstan are generally of the Sunni branch, mostly of the Hanafi school, which entered the region during the eighth century. Most Kyrgyz Muslims practice their religion in a specific way influenced by shamanic tribal customs. There has been a revival of Islamic practices since independence in Kyrgyzstan. For the most part religious leaders deal only with issues of religion and do not reach out to communities, but rather offer services to those who come to the mosque. There are regional differences, with the southern part of the country being more religious. Kyrgyzstan remained a secular state after the fall of communism, which had only superficial influence on religious practice when Kyrgyzstan was a Soviet republic, despite the policy of state atheism. Most of the Russian population of Kyrgyzstan is Russian Orthodox. The Uzbeks, who make up 14.9 percent of the population, are generally Sunni Muslims.

The Tulip Revolution or First Kyrgyz Revolution led to President of Kyrgyzstan Askar Akayev's fall from power. The revolution began after parliamentary elections on February 27 and March 13, 2005. The revolutionaries alleged corruption and authoritarianism by Akayev, his family and supporters. Akayev fled to Kazakhstan and then to Russia. On April 4, 2005, at the Kyrgyz embassy in Moscow, Akayev signed his resignation statement in the presence of a Kyrgyz parliamentary delegation. The resignation was ratified by the Kyrgyz interim parliament on April 11, 2005.

<span class="mw-page-title-main">Roza Otunbayeva</span> President of Kyrgyzstan from 2010 to 2011

Roza Isakovna Otunbayeva is a Kyrgyz diplomat and politician who served as the President of Kyrgyzstan from 7 April 2010 until 1 December 2011, becoming the first female Central Asian head of state. She was sworn in on July 3, 2010, after acting as interim leader following the 2010 April Revolution, which led to the ousting of President Kurmanbek Bakiyev. She previously served as Minister of Foreign Affairs and as head of the parliamentary caucus for the Social Democratic Party of Kyrgyzstan. She is also known for the persecution of human rights activist Azimzhan Askarov and the failed policy that led to the clashes of June 2010.

<span class="mw-page-title-main">2005 Kyrgyz presidential election</span>

Presidential elections were held in Kyrgyzstan on 10 July 2005. The result was a landslide victory for acting President Kurmanbek Bakiyev, marking the end of his interim government formed after the previous president, Askar Akayev, was overthrown in the revolution in March 2005.

<span class="mw-page-title-main">Zamira Sydykova</span> Kyrgyzstani diplomat (born 1960)

Zamira Sydykova served as Kyrgyz ambassador to the United States and Canada from 2005 to 2010, after a career as an opposition journalist, including imprisonment by the government of then-president Askar Akayev. After the Kyrgyz Revolution of 2010, Ambassador Sydykova served as a trade advisor, scholar at the Kennan Institute of the Woodrow Wilson International Center for Scholars, associate with Carnegie Endowment, as well as resumed her editorship of Res Publica. Ambassador Sydykova has received awards from the International Women's Media Foundation, Human Rights Watch, and Amnesty International.

<span class="mw-page-title-main">Ala kachuu</span> Form of bride kidnapping in Kyrgyzstan

Ala kachuu is a form of bride kidnapping practiced in Kyrgyzstan. The term can apply to a variety of actions, ranging from a consensual elopement to a non-consensual kidnapping, and to what extent it actually happens is controversial. Some sources suggest that as of 2005 at least a third of Kyrgyzstan's brides had been taken against their will.

<span class="mw-page-title-main">Kirghiz Soviet Socialist Republic</span> Constituent Union republic of the Soviet Union (1936-1991)

The Kirghiz Soviet Socialist Republic, also known as the Kyrgyz Soviet Socialist Republic or Kirgiz Soviet Socialist Republic, was one of the constituent republics of the Soviet Union (USSR) from 1936 to 1991. It was also known by the names Kyrgyzstan and Soviet Kyrgyzstan in the Kyrgyz language, and as Kirghizia and Soviet Kirghizia in the Russian language. Landlocked and mountainous, it bordered Tajikistan and China to the south, Uzbekistan to the west and Kazakhstan to the north. The Kirghiz branch of the Communist Party of the Soviet Union governed the republic from 1936 until 1990.

<span class="mw-page-title-main">Kyrgyzstan–United States relations</span> Bilateral relations

Kyrgyzstan – United States relations are bilateral relations between Kyrgyzstan and the United States.

<span class="mw-page-title-main">Women in Kyrgyzstan</span>

Women in Kyrgyzstan traditionally had assigned roles, although only the religious elite sequestered women as was done in other Muslim societies. Rural inhabitants continue the traditional Siberian tribal practice of bride kidnapping. Bride kidnapping, known as ala kachuu, girls as young as 12 years old are kidnapped for forced marriage, by being captured and carried away by groups of men or even relatives who, through violence or deception, take the girl to the abductor's family who forces and coerces the young woman to accept the illegal marriage. In most cases, the young woman is raped immediately in the name of marriage.[8]

Kerben is a town in Jalal-Abad Region of Kyrgyzstan. Its population was 18,695 in 2021. It is the administrative centre of Aksy District.

<span class="mw-page-title-main">Outline of Kyrgyzstan</span> Overview of and topical guide to Kyrgyzstan

The following outline is provided as an overview of and topical guide to Kyrgyzstan: Kyrgyzstan – sovereign country located in Central Asia. Landlocked and mountainous, Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the southwest, and China to the east.

The Osh riots were an ethnic conflict between Kyrgyz and Uzbeks that took place in June 1990 in the cities of Osh and Uzgen, part of the Kirghiz SSR. The immediate cause of the riots was a dispute between an Uzbek nationalist group Adolat and a Kyrgyz nationalist group Osh Aymaghi over the land of a former collective farm. While official estimates of the death toll range from over 300 to more than 600, unofficial figures range up to more than 1,000. The riots have been seen as a forerunner to the 2010 ethnic clashes in the same region.

<span class="mw-page-title-main">LGBT rights in Kyrgyzstan</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Kyrgyzstan face significant challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activities are legal in Kyrgyzstan, but same-sex couples and households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">2010 South Kyrgyzstan ethnic clashes</span> Kyrgyz–Uzbek clashes after President Kurmanbek Bakiyevs ouster

The 2010 South Kyrgyzstan ethnic clashes were clashes between ethnic Kyrgyz and Uzbeks in southern Kyrgyzstan, primarily in the cities of Osh and Jalal-Abad, in the aftermath of the ouster of former President Kurmanbek Bakiyev on 7 April. It is part of the larger Kyrgyz Revolution of 2010. Violence that started between Kyrgyz and Uzbeks on 19 May in Jalal-Abad escalated on 10 June in Osh.

<span class="mw-page-title-main">2010 Constitution of Kyrgyzstan</span> 2010–2021 constitution introducing a parliamentary system

The Constitution of Kyrgyzstan was the supreme law of the Kyrgyz Republic. The constitution in force from 2010 until 2021 was passed by referendum on June 27, 2010, replacing the previous constitution. It introduced a strong parliament to the country, reducing the power of the historically strong president. The constitution is similar in many ways to the previous one.

<span class="mw-page-title-main">Azimzhan Askarov</span> Kyrgyz activist and journalist (1951–2020)

Azimzhan Askarov was a Kyrgyzstani political activist who founded the group Vozduh in 2002 to investigate police brutality. Of ethnic Uzbek descent, during the 2010 South Kyrgyzstan ethnic clashes, which primarily targeted people of the Uzbek nationality, Askarov worked to document the violence.

<span class="mw-page-title-main">Leila Nazgül Seiitbek</span> Lawyer and human rights activist

Leila Nazgül Seiitbek is a prominent human rights activist and lawyer from Kyrgyzstan known for her advocacy work in Central Asia: Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan and Turkmenistan. She was a member and international advocacy manager of the Association for Human Rights in Central Asia from 2009 to 2020. She is currently the chairwoman and founder of the Vienna-based Freedom for Eurasia nonprofit.

References

  1. Tran, Mark; agencies (2010-04-08). "Kyrgyzstan opposition leader demands president's resignation". The Guardian. ISSN   0261-3077 . Retrieved 2019-12-03.
  2. 1 2 3 4 Kyrgyzstan, events of 2019. 10 December 2019.{{cite book}}: |website= ignored (help)
  3. 1 2 3 "World Press Freedom Index 2020: Kyrgyzstan". Reporters sans frontières. 2 April 2024.
  4. "Nations in transit 2020" (PDF). Freedom House.
  5. "Kyrgyzstan Corruption Index". Transparency International Kyrgyzstan. 30 January 2024.
  6. Anderson, John (1999). Kyrgyzstan: Central Asia's Island of Democracy. Amsterdam: Harwood Academic Publishers. pp. ix. ISBN   9057023903.
  7. 1 2 Piano, Aili; Puddington, Arch (2004). Freedom in the world 2004 (PDF). Lanham, Maryland, United States of America: Freedom House. p. 314. ISBN   0-7425-3644-0.
  8. "Freedom in the world 2020: Kyrgyzstan". Freedom House.
  9. "HRW: Opportunism in the face of Tragedy: Repression in the name of anti-terrorism". www.hrw.org. Retrieved 2019-06-25.
  10. "2004 Country reports on human rights practices: Kyrgyz Republic". U.S. Department of State.
  11. Finn, Peter (2005-06-24). "Kyrgyzstan Signals Uzbek Extraditions". The Washington Post . ISSN   0190-8286 . Retrieved 2021-01-21.
  12. "Uzbekistan: HRW Blocks Refugee Return". 8 September 2005. Retrieved 2021-01-21.
  13. Freedman, Eric (2012). "Deepening shadows: The eclipse of press rights in Kyrgyzstan". Global Media and Communication. 8 (1): 47–64. doi:10.1177/1742766511434732. S2CID   143552301.
  14. Wolf, I. (2011). Freedman, E. (ed.). Hizb ut-Tahrir in Kyrgyzstan as presented in Vechernii Bishkek: A radical Islamist organization through the eyes of Kyrgyz journalists. Michigan State University Press.{{cite book}}: |work= ignored (help)
  15. 1 2 "UN Women in Kyrgyzstan". UN Women.
  16. 1 2 Ismailbekova, Aksana (2014). "Migration and patrilineal descent: the role of women in Kyrgyzstan". Central Asian Survey. 33 (3): 375–389. doi:10.1080/02634937.2014.961305. S2CID   144473749 via Taylor & Francis.
  17. Kleinbach, Russ; Salimjanova, Lilly (2007). "Kyz ala kachuu and adat: non-consensual bride kidnapping and tradition in Kyrgyzstan". Central Asian Survey. 26 (2): 217–233. doi:10.1080/02634930701517466. S2CID   144912640.
  18. 1 2 "Kyrgyzstan: Fury over death of 'bride kidnapping' victim". BBC News. 2021-04-08. Retrieved 2021-04-08.
  19. "Log into Facebook". Facebook. Retrieved 2021-04-08.{{cite web}}: Cite uses generic title (help)
  20. "Kyrgyz Voters Back Amendments On Same-Sex Marriage, Presidential Power". Radio Free Europe. December 11, 2016.
  21. "Kyrgyzstan: human rights violations of LGBT" (PDF). Ilga World. Kyrgyz Indigo.
  22. "First Kyrgyz Sex-Change Surgery A 'Success'". Radio Free Europe/Radio Liberty. 6 February 2014.
  23. "The Law of the Kyrgyz Republic on Peaceful Assemblies" (PDF). Legislation Online. Bishkek, Kyrgyzstan.
  24. Cartner, Holly (9 July 2008). "Letter to the President of Kyrgyzstan on Restrictions of Peaceful Assembly". Human Rights Watch.
  25. Andrew E. Kramer (1 July 2010). "Uzbeks Accused of Inciting Violence in Kyrgyzstan". The New York Times . Retrieved 16 April 2011.
  26. "Kyrgyzstan: Appeal to the international community - call for a new, fair review of the case of human rights defender Azimzhan Askarov sentenced to life in Kyrgyzstan". International Partnership for Human Rights (IPHR). 16 September 2010. Retrieved 17 April 2011.
  27. "Human rights groups condemn Kyrgyzstan activist jailing". BBC News . 16 September 2010. Retrieved 17 April 2011.
  28. "KYRGYZSTAN: FURTHER INFORMATION: PRISONER OF CONSCIENCE ON BRINK OF DEATH: AZIMZHAN ASKAROV". Amnesty International. 12 November 2010. Retrieved 17 April 2011.
  29. Corley, Felix (24 June 2011). "Jail terms overturned, but investigation continues". European Country of Origin Information Network.
  30. "World Report 2019: Rights Trends in Kyrgyzstan". Human Rights Watch. 2018-12-20. Retrieved 2021-01-21.
  31. Kyrgyzstan, events of 2018. 20 December 2018.{{cite book}}: |website= ignored (help)
  32. "Kyrgyzstan: Human Rights Defender Dies in Prison". Human Rights Watch. 25 July 2020. Retrieved 25 July 2020.
  33. "Kyrgyzstan: Proposed Legal Changes Threaten Political Dissent". Human Rights Watch. 2021-05-03. Retrieved 2021-05-03.
  34. Freedom House (2022). "Country and Territory Ratings and Statuses, FIW 1973-2022" (XLS). Retrieved 8 March 2022.
  35. 1 2 Freedom House website, retrieved 2023-08-08