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Looking for Harmony

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Looking for Harmony The Equal Rights Trust is an independent internation- al organisation whose purpose is to combat discrimi- nation and promote equality as a fundamental human Equal Rights Trust Equal Rights Trust right and a basic principle of social justice. The Peremena Public Foundation is a non-governmen- tal organisation which aims to promote the develop- ment and formation of democracy and an open society in the Kyrgyz Republic. - In 2010, Kyrgyzstan became the first Central Asian state to transition to parliamentary democracy. In December 2016, a referendum on con stitutional reforms reversed many of these democratic gains. Yet this report finds that, while these changes present a new threat to equality and non-discrimination, this is not the whole story. ▪ Since 2010, Kyrgyzstan has failed to repeal discriminatory laws and Series: Kyrgyzstan Report Country policies and to tackle long-standing inequalities. This report presents evidence of discrimination against ethnic Uzbeks by law enforcement agencies during and after the inter-ethnic violence in 2010, and notes the LOOKING FOR state’s failure to address the inequalities which precipitated those events.- We find that women still experience inequality in all areas of life, while horrific practices such as “bride kidnapping” remain prevalent. Inequali ties affecting persons with disabilities persist, despite legislative reform. HARMONY - Moreover, in the last decade, equality has come under renewed threat. The state has established a religious registration regime which indi Addressing Discrimination rectly discriminates against minority religions. Changes to language policy – notably a 2014 decision to end university entrance exams –- and Inequality in Kyrgyzstan have disadvantaged ethnic minorities. There are ongoing attempts to criminalise the “propaganda of a positive attitude towards non-tradi tional sexual relations”. - The equality law framework provides evidence of missed opportuni ties. The constitutional non-discrimination provision is limited and there is no comprehensive equality legislation. We conclude that, while the 2010 reforms failed to deliver an equality- dividend, the 2016 constitutional amendments are only the latest in a line of negative developments. If Kyrgyzstan is truly looking for the har mony to which its constitution aspires, it must change course. This report has been prepared with the financial assistance of the European Union. Equal Rights Trust The contents of this report are the sole responsibility of the Equal Rights Trust and can in no way be taken to reflect the views of the European Union. In partnership with Peremena Public Foundation EQUAL RIGHTS TRUST IN PARTNERSHIP WITH PEREMENA PUBLIC FOUNDATION Looking for Harmony Addressing Discrimination and Inequality in Kyrgyzstan The Equal Rights Trust Country Report Series: 9 London, December 2016 The Equal Rights Trust is an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. © December 2016 Equal Rights Trust © Design December 2016 Dafina Gueorguieva Cover photos from top to bottom: Kyrgyzstan Peasantry Meeting; LakeNational Issyk-Kul hero by Thomas 'Manas' Depenbusch,by Neiljs licensed licensed under under CC by CC 2.0. by 2.0; Kyrgyz girl by Gusjer, licensed under CC by 2.0; and ISBN:Layout: 978-0-9956403-3-7 Istvan Fenyvesi Printed in the UK by Stroma Ltd Allwritten rights reserved. permission No ofpart the of publisher, this publication or a licence may forbe translated,restricted copying reproduced, from stored the in a retrieval system or transmitted in any form or by other means without the prior Copyright Licensing Agency Ltd.,Equal UK, Rights or the Trust Copyright Clearance Centre, USA. 314-320 Gray’s Inn Road London WC1X 8DP Tel: +44 (0) 207 610 2786 United Kingdom www.equalrightstrust.org The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. The contents of this report are the sole responsibility of the Equal Rights Trust This report has been prepared with the financial assistance of the European Union. and can in no way be taken to reflect the views of the European Union. Acting on behest of our ancestors to live in peace and accord, in harmony with nature, hereby adopt the present Constitution. Constitution of Kyrgyzstan, 2010 TABLE OF CONTENTS ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS EXECUTIVE SUMMARY 1. INTRODUCTION ..................................................1 1.1 Purpose and Structure of This Report .............................2 1.2 Conceptual Framework and Research Methodology ................3 1.3 Country Context .................................................16 1.4 History ..........................................................19 .........................................24 2. 1.5THE Government LEGAL FRAMEWORK and Politics RELATED TO EQUALITY ...............26 2.1 International and Regional Law ..................................26 2.1.1 Major United Nations Treaties Related to Equality ...........27 2.1.2 Other Treaties Related to Equality ...........................29 2.1.3 Regional Instruments ......................................31 .........................31 2.1.42.1.5 TreatiesCustomary Not International Ratified by Kyrgyzstan Law ...............................31 2.1.6 Status of International Law in National Law .................32 2.2 The National Legal Framework on Equality and Non-Discrimination ..............................................35 2.2.1 The Constitution ............................................36 ........56 2.2.2 Specific Equality and Anti-Discrimination Legislation of Legislation ...............................................83 2.2.3 Non-Discrimination Provisions in Other Pieces 2.3 Enforcement and Implementation. .94 2.4 Conclusions ................................................... 113 3. PATTERNS OF DISCRIMINATION AND INEQUALITY .............114 3.1 Discrimination and Inequality on the Basis of Religion or Belief .. 114 3.2 Discrimination and Inequality on the Basis of Ethnicity . 130 ........... 131 3.2.13.2.2 Discrimination and Inequality Affecting UzbeksSmaller Ethnic Minorities ......................................... 148 3.3 Discrimination and Inequality on the Basis of Language ........ 152 3.4 Discrimination and Inequality on the Basis of Gender ........... 159 3.5 Discrimination and Inequality on the Basis of Sexual Orientation and Gender Identity. 178 3.6 Discrimination and Inequality Affecting Persons with Disabilities .. 192 3.7 Discrimination and Inequality on the Basis of Health Status .... 200 3.7.1 Discrimination and Inequality on the Basis of HIV ......... 200 3.8 Conclusions .................................................... 207 4. RECOMMENDATIONS ..........................................210 BIBLIOGRAPHY ........................................................ 220 ACKNOWLEDGEMENTS This report is published by the Equal Rights Trust, in partnership with the Peremena Public Foundation (Peremena). The report is published in both an English-language and a Russian-language version. - oped by the Equal Rights Trust as part of its Country Report Series on address- ingThe discrimination conceptual framework, and inequality structure in different and research countries methodology around the wereworld. devel Jim Fitzgerald and Joanna Whiteman at the Equal Rights Trust oversaw the production of the report. The first complete draft of Parts 1, 3 and 4 of the report was prepared by Equal Rights Trust consultant Richard Wingfield.- Sardorbek Abdukhalilov prepared the first draft of Part 2 of the report and provided considerable expert advice on the interpretation and analysis of na tional law. This draft report was subject to a validation exercise in which its andfindings Tayyiba and Bajwa. conclusions The Trust were is scrutinisedparticularly by thankful legal experts to Lionel and for civil conducting society representatives. The validation exercise was conducted by Lionel Blackman - the work on a pro bono basis, and to ROLE UK for its generous support for the validation exercise. Following this exercise, Jim Fitzgerald and Joanna White man revised, finalised and authorised the report for publication in English and translation into Russian. Nurlan Azimbaev finalised and authorised the Russian-language version for publication. inequality and discrimination. This research was undertaken by Peremena Field research was central to the identification and description of patterns of - nationacross Kyrgyzstan;and inequality, Peremena with a particularallocated sub-grantsfocus on discrimination to researchers on to the conduct basis offocus religion groups and and ethnicity. interviews The inEqual each Rights region, Trust documenting and Peremena patterns are ofimmensely discrimi grateful to these researchers for their work. Thanks are also due to the group of - experts who participated in the validation exercise, providing comments on the- reports’ findings and conclusions. Experts included, Seinep Dyikanbaeva (Ass sociation of Parents of Disabled Children), Nurgul Djanaeva (Forum of Wom- en’s NGOs), Aibar Sultangaziye, Valerian Vakhitov, and Yulia Votslava, as well as representatives of Kyrgyz Indigo, Kylym Shamy Centre for Human Rights Pro tection and InterBilim. Other experts interviewed chose to remain anonymous for security reasons, although these names remain on file with the author. Looking for Harmony:
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