| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: KYRGYZ HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
KYRGYZ REPUBLIC
A former republic of the Soviet Union, the Kyrgyz Republic
(Kyrgyzstan), became an independent nation on August 31, 1991.
The Jogorku Kenesh (Parliament) by unanimous vote adopted a new
Constitution on May 5, 1993, defining Kyrgyzstan as a unitary
democratic republic founded on secular principles and providing
substantial guarantees of the civil rights of its citizens.
The Constitution provides for a government with three branches
(legislative, executive, and judicial) presided over by a
President who is the Head of State. Governmental institutions
are in a transitional state as several constitutional
provisions have not gone into effect, pending legislative
elections scheduled for 1995 and presidential elections for
1996. In addition, Kyrgyzstan's legal and judicial systems
remain essentially unchanged from the Soviet period, although
at the end of 1993 the Government began a process of legal and
judicial reform.
Although the Constitution changed the name of the legislature
from Supreme Soviet to Jogorku Kenesh, members elected during
the Soviet period continued to dominate this 350-member body.
A reformer, Askar Akayev, was originally chosen as president by
the Supreme Soviet of Kyrgyzstan in 1990. In October 1991, he
was popularly reelected in a referendum-style election; he ran
unopposed.
The Committee on National Security (KNB) has inherited much of
its personnel and infrastructure from the old Soviet Committee
for State Security, or KGB. The KNB chairman is a member of
the Cabinet. Unlike during the Soviet era, the KNB's actions
must conform to Kyrgyzstan's laws. The KNB appears to be under
the full control of the Government.
The predominantly agricultural economy is highly dependent on
trade with the rest of the former Soviet Union. The Government
remains firmly committed to the development of a market
economy, with favorable laws on privatization, joint ventures,
and foreign trade and investment. With International Monetary
Fund support, the Government introduced a new currency, the
som, in May in order to stabilize the economy, avoid the
inflation of the ruble, and attract foreign investment. Since
then, the currency has proved fairly stable, and monthly
inflation slowed from 40 percent to 10 percent. Foreign
investment reached $400 million by midyear. However,
industrial production continued to fall, and unemployment grew.
The Government continued to express strong support for human
rights, including freedom of the press, democracy, and the rule
of law, and in general respected them in practice. However,
concerns continued to be raised about government policy toward
non-Kyrgyz ethnic minorities. In 1993 increasing domination by
ethnic Kyrgyz of government, education, and other institutions
and a language policy that favored official use of the Kyrgyz
language created insecurity among members of ethnic minorities,
primarily Russian speakers, and caused their members to
emigrate in large numbers. In addition, Kyrgyzstan's legal and
judicial systems remain essentially unchanged from the Soviet
period.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Extrajudicial Killing
No reports of such killings by government authorities or others
are known to have occurred.
b. Disappearance
There were no incidents of disappearance or abduction
attributable to government authorities or others.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture or other cruel, inhuman, or degrading treatment or
punishment is not known to have occurred.
d. Arbitrary Arrest, Detention, or Exile
For the most part, Kyrgyzstan's legal system continues to
operate under the laws and procedures that prevailed during the
Soviet period. The procurator determines who may be detained,
arrested, and prosecuted and must approve all warrants. The
Ministry of the Interior, the Committee on National Security,
and the General Procurator's office carry out investigations.
A person arrested or charged with a crime has the immediate
right to defense counsel. However, in practice the accused
often has access to defense counsel only after the case comes
to trial.
The Criminal Code permits the procurator to detain a suspect
for up to 72 hours before releasing him or informing him of the
crime he is suspected of having committed. The accused remains
in detention while the procurator investigates the case and
prepares to present it to the court. Under Kyrgyz law, family
members and lawyers involved in the case have access to the
detainee. At the procurator's discretion, the accused may be
kept in pretrial detention for up to 1 year. After the year
has elapsed, the procurator must release the accused or ask the
legislature to extend the period of detention. Since
independence, there have been no known instances in which the
legislature voted for such an extension. There is provision
for bail, except for detainees under investigation for serious
or violent crimes.
According to official government accounts, approximately 1-2
percent of the prison population are pretrial detainees.
However, nongovernmental sources believe that a more accurate
number is 10-15 percent. In addition, these same sources claim
that it is common practice for the police to hold people for a
short period while making initial inquiries into the case
before either officially charging the suspects or releasing
them.
e. Denial of Fair Public Trial
The court system remains largely unreformed from the Soviet
period. Once the procurator is ready, he brings the case of
the accused to court and tries it before a judge and two
people's assessors (pensioners or citizens chosen from labor
collectives). The accused and defense counsel have the right
of access to all evidence gathered by the procurator. They
attend all proceedings, which are generally public, and are
allowed to question witnesses and present evidence. The court
may render one of three decisions: innocent, guilty, or
indeterminate (i.e., the case is returned to the procurator for
further investigation). Both the defendant and the procurator
may appeal the verdict to the next higher court or to the
procurator's office. However, the decision of a court to
return a case to the procurator for further investigation may
not be appealed, and the court returns the accused to the
procurator's custody where he or she may remain under
detention.
The Government has recognized the need to reform the legal and
judicial systems it inherited from the Soviet period. The
reform of the judicial system is still evolving. The
Constitution establishes the judiciary as a separate branch of
the Government. During the interim period, however, the courts
remain under the auspices of the Ministry of Justice. The
General Procurator's office has introduced the principle of the
presumption of innocence of the accused. However, a
deteriorating economy and a system staffed largely by officials
trained during the Soviet period continued to impede reforms.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The new Constitution prohibits unlawful entry into a home and
states that a person's private life, privacy of correspondence,
and telephonic and telegraphic communications are protected by
law. Current law and procedures require that the police, the
KNB, and the Procurator's Investigation Bureau obtain the
General Procurator's approval for wiretaps, searches of homes,
interception of mail, and similar procedures.
Those personnel and organizations responsible for violations of
the right to privacy during the Soviet period have remained
largely in place; however, no widespread and systematic
violations were reported in 1993. Some citizens active in
politics or interested in human rights believe that the privacy
of their communications was violated in 1993. Credible
evidence to this effect is not available.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Supreme Soviet in 1992 passed a law on the press and mass
media which establishes freedom of the press but also provides
guidelines proscribing publication of certain information. The
law supports the right of journalists to work, obtain
information, and publish without prior restraint. It also
guarantees a journalist's right to protect his or her sources.
The law prohibits publication of material that advocates war,
violence, or intolerance toward ethnic or religious groups.
The law prohibits material advocating the overthrow of the
constitutional order. Desecration of national symbols like the
national seal, anthem, or flag is prohibited. Publication of
pornography is prohibited, as is propagation of false
information.
The law states that the press should not violate the privacy or
dignity of individuals. President Akayev opposed a law that
would have prohibited insulting the dignity of the President,
and the Supreme Soviet did not pass it. The law requires all
media to register with the Ministry of Justice and to await the
Ministry's approval before beginning to operate. Since the law
was passed, there have been no reports that the Ministry
refused to register a publication or used the law in any
prosecutions.
During 1993 the press was free to publish material without
prior government approval or restraint and was frequently
critical of the President and the Government. In August the
Ministry of Justice attempted to initiate a process whereby
press material would have to be screened for classified
information prior to its publication. The press harshly
criticized these efforts as a return to censorship. The Vice
President, acting in the President's absence, quickly issued a
government decree reversing the initial steps taken by the
Ministry of Justice and reaffirming the freedom of the press.
Similarly, no prior restriction or censorship existed for the
electronic media or cinemas.
However, the Government owns all but one of the radio and
television facilities, and Kyrgyz television remained tightly
controlled. While a few fully independent newspapers and
magazines existed, the Government continued to exert varying
degrees of influence over most other publications. Independent
publishers said they were disadvantaged because they paid
higher prices for materials and did not have some of the
resources available to the government-owned media, such as
office space. Government involvement in and ownership of much
of the media raised concerns among journalists about pressure
to self-censor. It is likely that in some cases writers for
government-supported newspapers engage in self-censorship.
In September a government press service statement accused a
local ethnic Russian journalist working for the Russian
television network Ostankino of negative reporting about
Kyrgyzstan and concluded that it was unacceptable that "a
foreign journalist insult the dignity of the people of the
country of his temporary habitation." The journalist, however,
was born in the capital, Bishkek, has lived in Kyrgyzstan for
the past 30 years, and is a Kyrgyz citizen. He appeared before
the procurator on September 15 but was not charged. The local
Russian-language press sharply criticized the Government
statement for attempting to portray the journalist as a
foreigner. In addition, the press pointed out that it was the
journalist's highlighting of the negative side of life in
Kyrgyzstan that government officials resented and tried to
suppress. President Akayev made a public defense of the
journalist and criticized those officials for their handling of
the case. The government press service defended its position
but also assured the media that the criticism of the journalist
had no implications for the media as a whole.
b. Freedom of Peaceful Assembly and Association
Under the new Constitution, citizens have the right to assemble
and associate freely, and they did so in 1993 without
government interference. Permits were required for public
marches and gatherings, but there were no reports that they
were denied arbitrarily.
The 1991 law requires all public organizations, including labor
unions, political parties, and cultural associations, to
register with the Ministry of Justice. In attempting to
register, some organizations have encountered bureaucratic
obstacles of the kind prevalent during the Soviet period, but
ultimately all organizations have been able to register.
However, charges that interpretation of the law on public
organizations was not evenhanded were credible. An
organization of Cossacks applied three times before it was
registered as a cultural and economic organization. According
to the Cossacks, the Kyrgyz bureaucracy resisted registering
them on the grounds that they had no historical ties or
connections to Kyrgyzstan. The Cossacks also claim that they
are still periodically called into the Ministry of Justice to
defend their status as a legitimate social organization. The
Ministry of Justice, on the other hand, claims that the initial
version of the Cossack's charter contained a number of clauses
referring to it as a paramilitary institution.
c. Freedom of Religion
There are no governmental impediments to the practice and
revival of all faiths in Kyrgyzstan. Missionaries and
evangelists are not restricted. All have access to facilities
and are free to proselytize. For the first time, a Roman
Catholic church opened in Bishkek. Members of the Jewish
community have complete freedom to teach Hebrew and practice
their faith. Construction of mosques has accelerated.
The President and his ministers profess commitment to a secular
government, with no official ties to any religion. However,
the preamble of the draft constitution which the President
supported referred to Kyrgyzstan's commitment to the "moral
principles, national traditions, and spiritual values of
Islam." Government spokesmen explained that this phrase was
intended only to awaken moral and spiritual values long
suppressed under Soviet rule. Nevertheless, this language
raised concerns among members of other faiths and among those
committed to a complete separation of religion from the State.
At the end of 1992, the Supreme Soviet voted to include a
modified reference to "Islam and other religions" in the
preamble and adopted the new Constitution in 1993 with this
change.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government stated its support for freedom of travel within
and outside Kyrgyzstan. However, certain policies imposed
during the Soviet period continue to restrict internal
migration and resettlement and impede citizens' ability to
travel abroad.
The Parliament passed a law in 1993 on citizenship removing
registration requirements for residence. However, in practice
citizens of Kyrgyzstan need official government permission
("propiska" or residence permit) to work and settle in
Bishkek. Continued use of this law restricts freedom of
internal movement. Home and apartment owners are legally
restricted to selling their property to buyers with such
permission. In addition, members of minority nationalities
accused the Government of partiality toward ethnic Kyrgyz while
continuing to restrict the internal movement of those belonging
to other ethnic groups. They cite the case of ethnic Kyrgyz
squatters who continue to live in Bishkek without official
permission and received government help to construct housing.
Kyrgyzstan does not have a law on emigration. The
administrative procedures used in 1993 permitted freedom of
emigration without any evidence of discrimination. Citizens
who apply for international passports must present a letter of
invitation from the country they intend to visit or to which
they intend to emigrate. Instituted during the Soviet period,
this policy impedes free and unrestricted foreign travel.
There were no reports, however, that citizens, after presenting
such a letter, were denied a passport or an exit visa.
Emigrants reportedly were not prevented from returning to
Kyrgyzstan.
Kyrgyzstan has drafted an agreement with Russia to ease
emigration for the members of the Russian-speaking minority.
The draft presumes that resettlement is voluntary and provides
for the establishment of migration services in Kyrgyzstan and
Russia in order to facilitate a more orderly transition for the
migrants. The agreement is expected to be signed in the first
half of 1994. In 1993 approximately 24,000 people immigrated
to Kyrgyzstan, and 135,000 emigrated from it.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The ability of citizens to effect a peaceful, democratic change
of government remains untested. Most of the 350 members of
Parliament were elected in 1990 when the first multiple-
candidate elections were held. However, the Communist Party,
with its monopoly on power still intact, manipulated the
elections to ensure the victory of candidates it favored. New
elections for the Parliament are scheduled for 1995. Askar
Akayev was elected President by the Supreme Soviet in 1990 and,
running unopposed, was reelected by popular ballot in 1991. As
President, he may issue decrees that are binding unless
abrogated by a vote of at least two-thirds of Parliament. New
presidential elections are scheduled for 1996.
In 1993 women occupied several high-level government positions,
including those of Chairman of the Constitutional Court,
Ambassador to the United States, and Minister of Education.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not restrict the activities of local human
rights monitors or the delegations and representatives of
international and nongovernmental human rights groups that
visit Kyrgyzstan. For example, the Human Rights Movement of
Kyrgyzstan was registered by the Ministry of Justice in 1991.
It focuses on the activities of law enforcement and security
agencies as well as alleged cases of discrimination in the
workplace based on ethnicity. The Kyrgyz-American Bureau on
Human Rights and Law Protection registered with the Ministry of
Justice in December. The Bureau states that its goal is to
bring to the world's attention the human rights situation in
Kyrgyzstan.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Government expresses strong commitment to protecting the
rights of members of all ethnic, religious, and linguistic
groups as well as those of women. In a total population of
4 1/2 million, some 52 percent are Kyrgyz, 22 percent Russians,
13 percent Uzbeks, and the remainder include Ukrainians,
Tajiks, Kazakhs, and others.
Women
The law gives equal status to women in Kyrgyzstan, and women
are well represented in the work force, professions, and
institutions of higher learning. In rural areas, women still
seem limited to the roles of homemaker, mother, and wife. The
press often reports abuse and violence against women which is
frequently associated with abuse of alcohol. Normal law
enforcement procedures are used in cases of domestic violence.
The Government has not initiated special programs to address
these issues but is discussing possible measures. In Bishkek,
there is a Women's Congress, which is headed by the current
head of the Constitutional Court, a woman. The Congress meets
periodically ro consider women's issues.
Children
The Government adopted in 1993 two laws, the Law on Education
and the Conception of the Youth, which address children's
rights. On the basis of these two laws, the Government is in
the process of working out a comprehensive legislative packet
on the rights and welfare of youth in the Kyrgyz Republic.
National/Racial/Ethnic Minorities
Complaints of discrimination center on the treatment of
citizens who are not ethnic Kyrgyz. This group, which makes up
over 40 percent of the population of Kyrgyzstan, is often
called the Russian-speaking minority, although Russian-speaking
Uzbeks comprise about 13 percent of the total population.
Members of this group alleged discrimination in hiring,
promotion, and housing. They complained that government
officials at all levels favored ethnic Kyrgyz.
Russian speakers pointed to ethnic Kyrgyz squatters in Bishkek
who occupied land and were later given government aid to build
houses. They cited this as an example of a policy that favored
ethnic Kyrgyz at the expense of other groups, in that the
authorities provided direct financial assistance and allowed
the squatters to bypass the "propiska" system. Russian
speakers also alleged that a "ceiling" existed in government
employment that precluded their promotion beyond a certain
level. The percentage of ethnic Kyrgyz at high and
intermediate levels of government is much greater than the
percentage of ethnic Kyrgyz in the general population. Ethnic
Kyrgyz have replaced Russian speakers in many positions in
government, industry, and education, and this development gives
credence to perceptions that career opportunities are limited
for those who are not ethnic Kyrgyz.
The appointment of ethnic Kyrgyz to key positions in the
judicial system has led to charges by non-Kyrgyz citizens that
the system is arbitrary and unfair and that the courts treat
Kyrgyz more leniently than members of other groups. Although
there is no evidence of systematic discrimination, it may have
occurred in individual cases.
The 1993 Constitution designated Kyrgyz as the official
language and stated that Russian and other languages used in
the country were guaranteed preservation and equal and free
development. However, many Russian speakers, particularly
ethnic Russians and Ukrainians, still feel disadvantaged
because they cannot speak Kyrgyz. They have called on the
Government to adopt a policy of bilingualism. The Government
has not established a universally available program of Kyrgyz
instruction for adult non-Kyrgyz speakers, although some
instruction is available. In general, adults who did not speak
the language did not demand Kyrgyz-language instruction.
Currently, both Russian and Kyrgyz are used in industry,
education, and the courts. Most ethnic Russians favor giving
Russian equal status with Kyrgyz as national languages in the
Constitution.
People with Disabilities
Handicapped persons are not openly discriminated against, but
the current harsh economic conditions limit the Government's
ability to provide equal opportunity for individuals with
handicaps. Parliament in April 1991 adopted the Law on Social
Protection of the Disabled, which provides for accessibility
for the handicapped, but lack of funds makes implementation of
this law a low priority.
Section 6 Worker Rights
a. The Right of Association
The law adopted in February 1992 includes provisions protecting
the rights of all workers to form and belong to trade unions.
The law requires a minimum of five workers to form a union.
There is no evidence that government policy tried to obstruct
the formation of independent unions. However, the Federation
of Independent Trade Unions of Kyrgyzstan (FITUK), successor to
the former official union, remains the sole trade union
umbrella organization, has the same leadership, continues to
manage the State's social fund, and retains possession of its
previously held properties. The employer automatically deducts
dues from employees' paychecks, which are then transferred to
the trade union's account. It professes to be transforming
itself from a passive recipient of orders from Moscow during
the Soviet period into a genuine defender of working people.
In 1993 FITUK was very critical of government policies and
their impact on the workers' standard of living. Nevertheless,
FITUK regards itself still as in a process of transition in
which it is working out its relations with the Government, with
the unions in other former republics of the Soviet Union, and
with unions abroad. It remains affiliated with the
Moscow-based General Confederation of Trade Unions, which
succeeded the Soviet-era All-Union Central Council of Trade
Unions.
Nineteen of Kyrgyzstan's 20 union organizations are affiliated
with FITUK with a claimed membership of 1.5 million. The
exception is the growing Union of Entrepreneurs and Cooperative
Members which as of October 1993 claimed a membership of
50,000. FITUK does not coordinate with the Union of
Entrepreneurs and Cooperative Members.
While the right to strike is not codified, strikes are not
prohibited. In 1993 there were no strikes by workers' unions.
However, the threat of strikes by teachers, miners, and medical
workers was sufficient to induce the Government to address
these labor groups' respective concerns by raising salaries.
There were no retaliatory actions against these groups, nor
were there instances of human rights abuses directed at unions
or individual workers.
Unions are legally permitted to form and join federations and
to affiliate with international trade union bodies. The new
labor law called for practices consistent with international
standards. Since independent unions were still in their
infancy, no meaningful affiliation with international trade
union bodies took place.
b. The Right to Organize and Bargain Collectively
A law passed in April 1992 recognizes the right of unions to
negotiate for better wages and conditions. Although overall
union structure and practice remain consistent with the Soviet
experience, there is growing evidence of active union
participation in state-owned and privatized enterprises. In
the second half of 1993, leaders of the official trade unions
actively criticized the President and the Government for the
economic crisis and the resulting drop in the standard of
living for workers. In most sectors of the economy, the
Government continued to set wage levels by decree, although
many factories have begun systems of bonuses and other
incentives in keeping with the Government's commitment to
develop a market economy. The Government has no influence in
setting wages in the private sector, where wages offered by
employers are considerably higher than those paid in the public
sector.
Union members are protected by law from antiunion
discrimination, and there were no recorded instances of
discrimination against anyone because of union activities in
1993. However, because the old management/labor leadership
continues to dominate the labor movement, those who wished to
form an independent union faced formidable obstacles. This
situation, along with a deteriorating economy, may have
discouraged independent union activity.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is forbidden by law and does not
occur.
d. Minimum Age for Employment of Children
The minimum age for employment is 18. Students are allowed to
work up to 6 hours per day in summer or in part-time jobs from
the age of 16. The law prohibits the use of child labor (under
16). The police are responsible for enforcing the law; the
Ministry of Education monitors enforcement. Restrictions on
the use of child labor were largely observed. However, the law
is violated on occasion by small family businesses and more
frequently by family farms.
e. Acceptable Conditions of Work
The Government sets a national, legally mandated minimum wage
at a level that theoretically provides for minimal
subsistence. The minimum wage at present is $3.50, or 32 soms
per month. After January 1, 1994, it will be $5, or 45 soms
per month. In practice, even the higher median wage is
considered insufficient to assure a decent standard of living
for a worker and a family. The FITUK is responsible for
enforcing all labor laws, including the law on the minimum
wage. As the Government provided the overwhelming proportion
of employment, minimum wage regulations were largely observed.
However, enforcement of labor laws was nonexistent in the
growing underground economy. Nevertheless, market forces
helped wages in the unofficial sector keep pace with official
wage scales.
The standard workweek is 41 hours, usually within a 5-day
week. For state industries, there is a mandatory 24-hour rest
period within the workweek. Small private and family
businesses set their own hours.
The April 1992 law established occupational health and safety
standards as well as enforcement procedures. Safety and health
conditions in factories are far behind international
standards. The deteriorating economy hindered enforcement of
existing regulations and prevented investment to improve health
and safety standards. Besides government inspection teams,
trade unions are assigned active roles in assuring compliance
with these measures.
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.