The Parliament of Kyrgyzstan adopted in the first reading changes to the Law on NGOs and the Criminal Code, initiated by Nadira Narmatova and a group of deputies, which provide for the introduction of the concept of «foreign representative» (analogue to a foreign agent in Russian legislation).
At least 52 deputies voted for the adoption of the document, 7 — against.
Deputy Gulya Kozhokulova noted that she does not understand why criminal liability is suddenly introduced into the concept of the draft law. «Where is the Code of Offences?» she asked.
«If any violations are committed, it would be good at the beginning to make some comments, issue warnings, or impose a fine. But there is should not be criminal liability up to ten years. What kind of crime is this — taking part in a non-governmental organization? You should not be imprisoned for participation. The concept is dangerous. There should be no criminal liability,» Gulya Kozhokulova said.
She also noted that transparency in the work of NGOs is still ensured today.
Speaker of Parliament Nurlanbek Shakiev called on «not to be afraid of anything» and vote for the amendments.
«There is no pressure, but we need everyone to work transparently and openly. There is nothing to be afraid of. The security of the country is important to us—everything begins with that. Don’t misunderstand,» the speaker said.
Deputy Erulan Kokulov criticized the deputies for the fact that some of them act as lawyers and speak out in support of Narmatova’s initiative. «You are not even on the list of bill initiators. Why then are you holding meetings with international organizations if you support this bill?» Erulan Kokulov addressed the speaker.
Earlier, the main initiator of the amendments, Nadira Narmatova, stated that her bill was necessary because «there is no regulation of the activities of NGOs and they do not submit reports.» She also said that to date, «the liability of nonprofit organizations has not been considered anywhere.» However, this is not true. In 2020, at the initiative of deputy Baktybek Raiymkulov, amendments were made to the law on non-governmental organizations, according to which additional reporting forms were introduced for NGOs.
It should be noted that Nadira Narmatova proposes to include Article 200-1 «Creation of a non-profit organization that encroaches on the personality and rights of citizens» into the Criminal Code. It should be noted that for violation of this article, punishment is provided in the form of a fine from 50,000 to 100,000 soms or imprisonment for up to five years. For active participation in the activities of associations specified in part 1 of the article, as well as propaganda of the actions of such organizations, a fine from 100,000 to 200,000 soms or imprisonment for up to 10 years is provided. The Supreme Court and the Prosecutor General’s Office opposed this initiative. They were also supported by the Ombudsman of Kyrgyzstan.
Representatives of civil society sent an appeal to the President and deputies of the Parliament, noting that the amendments to the laws initiated by Nadira Narmatova contain discriminatory norms that contradict basic democratic principles, and if adopted, will significantly limit the activities of non-profit organizations, including branches and representative offices of foreign NGOs working in Kyrgyzstan.
Experts remind: protection of national state interests is paramount. However, considering NGOs and giving them the status of «foreign representatives» is a mistaken opinion.
Lawyers from Adilet Legal Clinic and the human rights movement Bir Duino Kyrgyzstan also stated that the adoption of scandalous initiatives would lead to the liquidation of the civil sector. Their comments were ignored.
Kyrgyzstanis are collecting signatures against the law on foreign agents. Some deputies also withdrew their signatures for this initiative.
