UNITED NATIONS E Economic and Social Distr. GENERAL Council E/CN.4/2002/106/Add.1 12 March 2002 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Fifty-eighth session Item 17 (b) of the provisional agenda PROMOTION AND PROTECTION OF HUMAN RIGHTS HUMAN RIGHTS DEFENDERS Report of Ms. Hina Jilani, Special Representative of the Secretary-General, pursuant to Commission on Human Rights resolution 2000/61 Addendum Mission to Kyrgyzstan* (30 July-4 August 2001) * The executive summary of this mission report is being circulated in all official languages. The report itself is contained in the annex to the present document and is being circulated in the language of submission and Russian only. GE.02-11324 (E) 240302 E/CN.4/2002/106/Add.1 page 2 Executive Summary The present report, submitted in accordance with Commission on Human Rights resolution 2000/61, presents and analyses information received by the Special Representative of the Secretary General on Human Rights Defenders during her visit to Kyrgyzstan from 30 July to 4 August 2001. The report contains background information on the country, an overview of the legal framework followed by the principal findings and concerns of the Special Representative with regard to the situation of human rights defenders in Kyrgyzstan. These include considerations with regard to freedom of association and assembly, the situation of particular categories of human rights defenders (members of human rights organizations, journalists, youth groups and environmental activists) as well as particular concerns with regard to the independence of the judiciary, the rights of ethnic minorities, religious tolerance and women human rights defenders. The Special Representative notes with satisfaction that the legal environment in Kyrgyzstan is in accordance with international standards in the field of human rights. However, there is continuous legislative activity in terms of changes to laws, which does not always go in the direction of the improvement of human rights. In addition, there are restrictions in practice on freedom of assembly, expression and association. The lack of freedom of expression and the press is in this regard of serious concern to the Special Representative. She is further concerned that the right to protest against human rights violations has been repressed; this is one of the major causes of the strained relationship between the Government and human rights activists. The Special Representative notes that the Government’s tolerance of criticism of its policies and conduct that violate human rights has diminished over the years. The Special Representative considers that the State should recognize the importance of the civil society and its essential role in Kyrgyzstan’s transition to democracy. Despite the Government’s stepping back from its commitment to democratic governance and protection of human rights in more recent years, the Special Representative is convinced that the possibility of renewing that commitment is not remote. In the light of the above, the Special Representative recommends the following to the Government of Kyrgyzstan: (a) Restrictions imposed by laws and regulations on the freedom of assembly, association, and expression should be reviewed and brought into conformity with the spirit of the Constitution and the obligations of Kyrgyzstan under international human rights law; (b) The Government is urged to ensure that the legislative reforms under consideration reinforce guarantees for the protection of human rights and provide for the establishment of effective mechanisms for their implementation; (c) In order to improve the environment for the work of human rights defenders, dialogue between the government and civil society should be initiated and measures should be taken to build mutual trust and respect. A positive step in this direction would be the withdrawal of cases against human rights defenders; E/CN.4/2002/106/Add.1 page 3 (d) The Special Representative strongly urges the Government to investigate violations committed against human rights defenders and to bring the responsible persons to justice. Public officials found responsible for such actions should be prosecuted in order that the growing tendency of these officials to intimidate human rights defenders may be effectively deterred; (e) The Special Representative urges the Government to respect the rights of citizens to hold peaceful demonstrations and assemblies and to adhere to international standards on the use of force against demonstrators; (f) It is recommended that the Government strengthen the institutions of government - in particular the judiciary - in order to build public confidence and make a positive impact on the situation of human rights in the country, or promise better protection to human rights defenders; (g) Training of persons involved in the administration of justice, as well as training of Government officials, could improve the judicial and administrative systems; (h) Finally, the Special Representative urges the Government to adopt appropriate measures to disseminate widely and ensure full observance of the Declaration on human rights defenders. This Declaration as well as all other human rights standards should in particular be made available to schools and institutions of higher education. E/CN.4/2002/106/Add.1 page 4 Annex Report of Ms. Hina Jilani, Special Representative of the Secretary-General on human rights defenders, on her mission to Kyrgyzstan (30 July-4 August 2001) CONTENTS Paragraphs Page Introduction ........................................................................................... 1 - 7 5 I. CONTEXT OF THE MISSION...................................................... 8 - 12 6 II. BACKGROUND INFORMATION................................................ 13 - 64 7 A. General ................................................................................... 13 - 33 7 B. Legal framework .................................................................... 34 - 64 11 III. MAIN FINDINGS AND CONCERNS........................................... 65 - 155 17 A. The media and journalists ...................................................... 65 - 88 17 B. Human rights organizations ................................................... 89 - 106 21 C. Youth groups.......................................................................... 107 - 111 25 D. Environmental activists.......................................................... 112 - 113 26 E. Conclusions............................................................................ 114 - 155 27 IV. CONCLUDING OBSERVATIONS ............................................... 156 - 169 35 V. RECOMMENDATIONS ................................................................ 170 - 178 37 Appendix: Persons with whom the Special Representative met during her visit .......................................................................................... 39 E/CN.4/2002/106/Add.1 page 5 Introduction 1. This report has been prepared pursuant to resolution 2000/61. It presents and analyses information received by the Special Representative of the Secretary-General on human rights defenders during her visit to Kyrgyzstan from 30 July to 4 August 2001. By letter dated 27 April 2001 addressed to the Permanent Mission of Kyrgyzstan to the United Nations Office at Geneva, the Special Representative sought the agreement of the Government for a visit to this country. On 7 June 2001, the Government of Kyrgyzstan granted this request. 2. The visit to Kyrgyzstan was the first country mission carried out by the Special Representative since the establishment of her mandate. She chose Kyrgyzstan primarily because of its reputation as an “island of democracy” in a region experiencing difficulties in achieving a reasonable degree of democracy. At the same time recent events in the country were reported to have triggered off a process of reversal from the commitment to respect the values of democracy and human rights that the Constitution promised. While the country’s legal framework could be considered an example of sound foundations laid down by an emerging democracy to promote and protect human rights, trends in governance, particularly practices that were being reported as impeding the work of human rights activists, raised serious concerns. The Special Representative had addressed three communications to the Government of Kyrgyzstan between January and August 2001, expressing her concerns regarding the situation of human rights defenders in the country. The Special Representative recognized the need for a comprehensive study of the situation of human rights defenders in Kyrgyzstan and to explore the political, social and economic context, to the extent that it affected the prospects for the promotion of human rights and protection of human rights defenders. 3. The Special Representative would like to thank the Government of Kyrgyzstan for extending her the invitation to visit the country. She would also like to express her sincere appreciation for the cooperation of the Government and the assistance provided to facilitate the gathering of all necessary and relevant information for this report. 4. During her visit, the Special Representative was able to meet with almost all the relevant authorities and officials as well as a wide section of the civil society, including human rights groups and individual defenders. A list of the persons she met during her visit is appended to this report. In addition to Bishkek, the Special Representative visited