Honorable: Members of Parliament; Ombudsman; Leaders of Civil Society Organizations; Donor Community; Ladies and Gentlemen; 

The United Nations in the Kyrgyz Republic would like to congratulate the Parliament for holding open debate on laws of great importance and sensitivity. Today’s forum provides good evidence that the Deputies adhere to principles of openness and transparency and that they seek advice of the electorate on what most would consider an important aspect of any successful country: the relationship between the State and its society. Good legislation is the result of hard joint work, of good process and substantive expertise. This Parliament has already demonstrated its interest in “process” by the outreach to society on draft laws in mining, jury trials and on consumers’ rights and again through today’s roundtable on the NCO law. The Parliament has passed laws of basic substantive quality in several areas, including for instance on gender which resulted in the increased presence of women in leading executive positions, also in flour fortification, on breastfeeding and on the creation of the national budget.

Today, we are engaged in the review process of the draft bill on Non-commercial Organizations. I have consulted widely here in country and with the United Nations High Commission on Human Rights in Geneva. We believe that the law, if passed as it is currently drafted, would violate the commitments that Kyrgyzstan has accepted under international law. I think that it is important for the United Nations, in a constructive spirit, to explain our concerns in very specific ways and this is why I am here today, and I thank you for the opportunity to address the roundtable.

The Kyrgyz Republic ratified the International Covenant on Civil and Political Rights in 1994. The Constitution of the Kyrgyz Republic, which was adopted by referendum in 2007, explicitly states that international treaties and agreements to which the Kyrgyz Republic is a party shall be a constituent part of its legislation. So, we can clearly see that Kyrgyzstan has made an explicit decision that its legislation must be compatible with the Covenant on Civil and Political Rights. However, several provisions of the Draft Law are not consistent with the Covenant which provides that “Everyone shall have the right to freedom of association with others.” The Covenant also provides that "Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers."

These constitute fundamental discrepancies between the draft law and the country’s commitments under one of the world’s most important international treaties. I must acknowledge that all states have the right to regulate NCO’s, if it is considered necessary. But please allow me to emphasize: if NCO’s are to be regulated then it should be done for necessary and well-defined purposes and in a manner which is non-discriminatory and respects fundamental rights. It would be possible to speak at length on the problems that have been identified, but this is only a welcoming address, so I will keep it short and limit myself to just a few key points. 

The draft law does not provide a precise definition of “political activity” and this will lead to major restrictions on activities that make real contributions to the country’s development agenda. Dear friends, I ask you to please imagine an NGO working to change the policies that somehow contributed to the unintentional infection of children with HIV/AIDS in the south: is this political activity? What about a women’s group that speaks publicly about the impact of revisions to the law against polygamy? Are organizations of pensioners advocating for the effective implementation of laws that affect their lives, engaged in political activity? I sincerely believe that it will be impossible to objectively differentiate political activities from the everyday rights and concerns of all citizens. 

The proposed amendments to the law contain highly unusual administrative functions for the Ministry of Justice. There are burdensome requirements on reporting and strict sanctions for non-disclosure of information. Most alarming is the possibility that the Ministry would be allowed to attend even the internal events conducted by NCOs. I am sorry to be so frank, but this clause would be unacceptable in any democratic country anywhere in the world.  

The amendments would impose a mandatory registration requirement and would allow the Government to suspend NCO activity without prior court sanction. These changes would signify a major shift in the relationship between state agencies and the NCO sector. Perhaps the premise that underlies this fundamental shift is the Government’s objective, through this revised law, to combat extremism in all of its various forms. Dear Deputies, I do not believe that the law as it is currently drafted will help the Government to achieve this objective. The wording violates the presumption of innocence and the principle of good faith, and would tend to build barricades between the state and the hard-working NCO community. A more successful path would be to build partnerships between the state and the NCO sector. Please seriously consider all of the possible changes that you would make in this law that would contribute to a stronger partnership. 

As a newcomer to this region and as a person who has traveled widely in the country and across the Fergana, I can state clearly and explicitly, that I have been impressed with the work and outreach of the civil society in Kyrgyzstan. They earn this respect not for the more visible and occasionally agitated work in the political sphere, but more importantly, for their work in support of the social and human rights agenda of the Kyrgyz people. I am talking about the Rayon Health Committees, which are registered as NCO’s. I am talking as well about organizations that work on iodine deficiency, in support of people with diabetes and that speak out on the human rights of people living with HIV/AIDS. Other organizations work in education, on environment and on building capacities for improved productivity in rural communities. We might wish to characterize the work of these organizations as beyond politics, but it is simply not correct. All achievements will require a balance of political will, good government and technical expertise. The NCO sector will always operate in this realm and the country is better because of this fact. And regardless of their respective sources of funding, these organizations are founded by and run by Kyrgyz people who are building a better society and who, in their vast majority, support the social work that is primarily a government responsibility to implement. I do not like to compared, but I believe that most of you would agree: one of the biggest differences between the Kyrgyz Republic and many other countries is best described by the strength and diversity of these very organizations. 

Thank you for listening to our concerns and thank you for your courage in openly debating such an important topic: I wish you best results in your work.