Kyrgyzstan should extend the time for completion of a massive inventory of its legal system. The international human rights organization Human Rights Watch said in a statement.
As noted, the initial completion date to review and, where appropriate, amend 356 laws was set for December 31, 2021, but it should be extended, to allow for a newly elected parliament to familiarize itself with the process and for proper engagement with civil society and other relevant stakeholders.
In the opinion of human rights defenders, rather than pressuring working groups tasked with the review to speed up, Kyrgyzstan should set an example by following international standards on good governance, including for drafting and adopting laws.
«Kyrgyzstan’s government has declared the inventory a legal necessity, but then allocated far too short a time frame, causing hasty assessments, government interference in sensitive issues, and lack of consultation with those affected by these laws,» said Syinat Sultanalieva, Central Asia researcher at Human Rights Watch. «Kyrgyz citizens need to be able to exercise their right to meaningfully participate in this important process.»
As the organization notes, issues regarding the inventory process are part of wider concerns about political developments in Kyrgyzstan since October 2020, when parliamentary election results were annulled. A new constitution adopted in April 2021 contains clauses that violate Kyrgyzstan’s international human rights commitments.
In addition, the caretaker parliament, in operation since October 2020, has acted far beyond its limited mandate.
It has initiated, amended, and passed significant amounts of sensitive legislation that undermine Kyrgyzstan’s human rights obligations.
Nongovernmental organizations taking part in the working groups have proposed extending the deadline to December 31, 2022, at least for some laws that are likely to be «contentious.» They include several that address core issues relating to respect for and protection of fundamental human rights and freedoms.
As noted, the original deadline falls just a month after parliamentary elections scheduled for November 28, which would give the new parliament barely a month to consider all the issues. It is essential for parliament members to have sufficient time to familiarize themselves with the process and the substance of the laws being reviewed, Human Right Watch said.
In August the office of the United Nations in Kyrgyzstan urged the government to adhere to its commitment to provide ample time for proper consultations with all relevant stakeholders, at all stages of the inventory process.
The inventory review process was initiated by presidential decree on February 8, but the reviews only started in July, leaving less than six months to carry out the huge task. The process requires assessing the quality and necessity of the 356 laws within the legal framework, and then identifying and addressing any inconsistencies and internal conflicts, particularly with the new constitution and international obligations.
The government established six thematic working groups made up of representatives of relevant ministries and civil society, as well as independent experts.
According to civil society representatives, the working groups have reviewed 330 of the 356 laws to be amended. The next step is developing draft amendments for those laws, followed by consideration and potential adoption of the amendments by Parliament.
However, civil society representatives in the working groups told Human Rights Watch that they have yet to be invited to participate in the second stage, and that draft amendments and new laws are being developed within the relevant ministries behind closed doors.
Among the contested laws passed by the caretaker parliament is one on protection from false information, which has already had a chilling effect on independent media and critical voices; and the law on nongovernmental organizations, which introduces unjustified and burdensome financial reporting obligations that may be used to obstruct the work of groups that criticize the government. The parliament also continues to push for passage of a draft trade union law that restricts independent labor union activity, even though the president has vetoed it twice.
«After a year of significant political upheaval, the government of Kyrgyzstan should make certain that the newly elected parliament will have sufficient time to participate in the inventory process,» Sultanalieva said. «Parliament needs time for effective consultations with the public, for incorporating Kyrgyzstan’s international human rights commitments, and in general to make certain that the general public has open access to the process.»
