REPORT of OMBUDSMAN (AKYIKATCHY) of the Kyrgyz Republic
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REPORT OF OMBUDSMAN (AKYIKATCHY) OF THE Kyrgyz Republic “The state of the human rights and freedoms of citizen in the Kyrgyz Republic in 2005” BISHKEK – 2006 Address to Deputies of the Jogorku Kenesh (Parliament) of the Kyrgyz Republic «All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood». ARTICLE 1. UNIVERSAL DECLARATION OF HUMAN RIGHTS. In accordance with standards general recognized by world community in the sphere of human rights and freedoms and point 1.1 “Plan of actions of National program “Human rights” for the period 2002- 2010, June 25, 2002 Legislative Assembly of the Jogorku Kenesh (Parliament) of the Kyrgyz Republic adopted the law “About the Ombudsman (Akyikatchy) of the Kyrgyz Republic.” November 25, 2002 deputies of the Parliament choose the first Ombudsman (Akyikatchy) of the Kyrgyz Republic, and December 13 at the joint session of Legislative Assembly and Assembly of Public Representatives of the Jogorku Kenesh (Parliament) of the Kyrgyz Republic he solemnly sworn and assumed in his position. The Constitution of the Kyrgyz Republic defines the mandate of the Ombudsman (Akyikatchy) of the Kyrgyz Republic: “The control over execution of human and civil rights and freedoms in the Kyrgyz Republic imposed on the Ombudsman (Akyikatchy) of the Kyrgyz Republic.” Activity of the Ombudsman (Akyikatchy) of the Kyrgyz Republic does not substitute or replace the activity of other state bodies, providing protection and recovering civil rights and freedoms in the frames of their powers. It promotes the improvement their work in this field, indicates at drawbacks and problems, including that are connected with actions or inaction one or another bodies and officials and thus, promotes for perfect civil rights realization. Ombudsman acts as the direct representative of the government in the contact with population, assisting to the increasing of the general prestige of the authority and rendering free legal aid to all needy. The main goal of human rights ad freedoms protection may be achieved only by attentive investigation each petition, legal acts, regulating the investigating issues and experience. Aims and goals of Ombudsman (Akyikatchy) of the Kyrgyz Republic in details are stated in the special Law. Summing up the activity for last three years, probably it may be said that despite the ambiguous perception of the Ombudsman (Akyikatchy) Institution of the Kyrgyz Republic by governmental and non- governmental structures of the society he proved in deed his extremely necessity and ability to execute the most elevated and noble mission — to assert the rights and freedoms, that were given to him from birth. If states, mostly, provided in the protection of their interests by internetional and legal basis, so individual, mostly, is deprived the possibility to protect his rights by himself. Even his fundamental rights, given to him and pertaining to him from the birth, he gives as “deign” of government. It is easy to excuse the human rights abridgement as states needs. And there appears the necessity to withstand to lawlessness, arbitrariness and absence of rights on the state level in the country, which is in searching for ways and forms of democracy building. The fact that for three years from the day of election of the Ombudsman (Akyikatchy) of the Kyrgyz Republic 92 thousand of people applied to him for, speaks for importance of establishment and necessity of function such state body in the country with incomplete transitional period. Naturally, that not all who came to (Akyikatchy) or wrote about their troubles, muddles were satisfied with the results of their complaints investigation: one third of the complains and petitions were arranged in favour of complainants. The reason of why other complains and petitions were declined or uninvestigated in the favour of complainants stated in the annual report of the Ombudsman (Akyikatchy) of the Kyrgyz Republic in details. And in order to judge objectively whether it is few or a lot, it is necessary to come into contact with each of them, to understand the background of each certain situation. The example is penetrate with pain and sorrow petition of the mother, who lost her only son — breadwinner during the war in Afganistan. Having stayed alone in old ages, in bad physical condition gets for him only 200 soms, 50 soms as a social grant and 50% benefit for public utilities. “How can I live for 800 soms — she asked, - when prices for goods and rates for utilities are growing extraordinary.” In other wretched, poor peasants call for help, leaving alone with giving allotment without any elementary agriculture machinery, without means for fertilizing, sabadilla and other needs, but other complaints did not have even the land. In search of daily bread there desperate apply of Kyrgyzstan citizens, who appeared outside the motherland, as fate has willed. Compatriots are have to work on the tobacco plantation of Kazakhstan, building work and markets of the Russian Federation, wandering labor migrants on the territory of Europe, Asia, reached Africa, America and Australia — all of them are needed in the support of the home government (special report of the Ombudsman (Akyikatchy) would be separately presented to the deputies of the Jogorku Kenesh (Parliament). Different in subjects, content, character of the trouble — all of them are full of hopes and expectations. Despite the Ombudsman is not omnipotent due to the powers given by the law, I may say with sincere heart, that none of them was left without attention, even those that are outside the competence of the Akyikatchy (Ombudsman). Despite the impartial reasons far from all petitions we managed to solve, but the trust to Ombudsman did not changed and assurance of people in the primary value of rights and freedoms and necessity of their protection is increased. Dear Mr. Toraga (Speaker), deputies of the Jogorku Kenesh (Parliament)! In ue course you, elected by people, have pay high reliance choose me alternatively as the first Ombudsman (Akyikatchy) of the Kyrgyz Republic. Former and present chamber (composition) of deputies have approved two annual reports of the Ombudsman (Akyikatchy) about state of the human and civil rights and freedoms in the Kyrgyz Republic in 2003 and 2004 and actively support our activity. Here you may see the annual report about situation in the country in the sphere of human and civil rights and freedoms protection in 2005, presented to you in accordance with p. 29 p. 1 art. 58 of the Constitution of the Kyrgyz Republic. Employees of the Ombudsman (Akyikatchy) Institution have already got necessary skills for work and you have elected all my deputies (that are three), the trust of citizens, foreigners and people without citizenship is increasing. However, there are some questions that can not be solved without you. Still did not executed the p.3 of art.17 of the Law of the “Ombudsman (Akyikatchy) of the Kyrgyz Republic” obliging the Government in three months provide Jogorku Kenesh (Parliament) of the Kyrgyz Republic with proposals about adjustment of legislation in accordance with this Law and decide technical issues, connected with creating Ombudsman (Akyikatchy) Institution in the Kyrgyz Republic. But it have passed four years yet! Does not executes the demand of the p.2 art. 16 of that law, regarding that Jogorku Kenesh (Parliament) defines the amount of means, necessary for activity of the Ombudsman (Akyikatchy) and his office. The government financed not sufficiently us from the approved by Jogorku Kenesh (Parliament) republic budget for 2005 on the sum more than five million soms, and in 2006 they reserve only two third of the means amount, that are so necessary for our efficient activity. According to the p.3 of art.16 of mentioned Law Ombudsman (Akyikatchy) creates and executed the estimate of expenditures by himself. However, due to the indecision of the Government technical issues and shorten financing we can not fulfill many points of this estimate of expenditures. By then, despite the independence of the Ombudsman (Akyikatchy) from any state bodies and officials, prohibition of interaction in his activity and influence on him in any way stated in p. 1 of art. 6 of the mentioned Law we have got “recommendations” to shorten the number of civil servants till 79, technical servants till 25%, and abolish the departments etc. however, in accordance with p. 2 of art. 14 of the same Law Ombudsman (Akyikatchy) defines the structure, order and organization of work of the Institution by himself. Does not executes the commissions, recommendation of deputies of the Jogorku Kenesh (Parliament) that they have accepted in regulations after hearing of annual reports of Ombudsman. I dare assure you, dear Toraga (Speaker) and deputies of Jogorku Kenesh (Parliament) that during solving of issues mentioned above and your support we will be able to execute our constitutional activity of control over human rights and freedoms observance in the country. I think that your constituencies needs in it in the first place. Sincerely yours, Trsunbay Bakir uulu INTRODUCTION There have been passed one more stage in the activity of Ombudsman (Akyikatchy) of the Kyrgyz Republic. This stage as two previous promoted for further statement of the priority of the human and civil rights and freedoms in the life of state and society. Experience, that was got during two years significantly enriched and filled with new matter the style, forms and methods of his work. If at the stage of formation one of the important tasks, besides self-assertion of new state body at the jural field of the country and disposal of befallen stream of petitions and complaints, was the distribution of information among wide range of population and community about newly created constitutional remedial institution, so now the main efforts of Ombudsman (Akyikatchy) were directed at fixing and development of positive tendencies of his activity.