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Title: Kyrgyz Republic Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
KYRGYZ REPUBLIC
The Kyrgyz Republic became independent in 1991. Although the 1993
Constitution defines the form of government as a democratic republic
with substantial civil rights for its citizens, the President, Askar
Akayev, continues to dominate the Government. First elected President
by the Kyrgyzstan Supreme Soviet in 1990, he was reelected in the first
open, multicandidate presidential election in December. In February a
new two-chamber Parliament was elected with a large number of candidates
contesting each seat. The Constitution defines the role of Parliament,
but in 1995 did not divide responsibility between the two houses. Both
Parliament and the Constitutional Court, which began operating in June,
are fairly weak in practice.
Law enforcement responsibilities are divided between the Ministry of
Internal Affairs (MVD) for general crime, the State Committee on
National Security (GKNB) for state-level crime, and the procurator's
office for both types of crime. The MVD and GKNB both deal with
corruption and organized crime. These organizations have inherited much
of their personnel and infrastructure from their Soviet predecessors.
Each appears to be under the full control of the Government and must
conform their actions to the law. Kyrgyzstani borders are manned by
Russian troops under an agreement with the Russian Federation. The
Government has little authority over these troops, who often enforce
their own rules rather than Kyrgyzstani law.
The Kyrgyz Republic is a poor, mountainous country with a predominantly
agricultural economy. Cotton, wool, tobacco, and meat are the main
agricultural exports. Other exports include gold, mercury, uranium, and
hydro-electricity. The Government has carried out progressive market
reforms. Following a successful stabilization program, which lowered
inflation and stabilized the currency, attention is turning toward
stimulating growth. About half of the government's stock in enterprises
has been sold. Production fell severely since the breakup of the Soviet
Union but by mid-1995 began to level off as exports increased. There
are signs that the economy may begin to resume growth. The level of
hardship continues to be very high for pensioners, the unemployed, and
government workers whose salary is in arrears. Foreign assistance plays
a significant role in the country's budget.
The Government generally respected the human rights of its citizens.
However, there were problems in some areas. Principal problems included
restrictions on freedom of the press and the right of people freely to
change their government. There were also occassional attempts by the
Government to interfere with the press. The President successfully sued
two journalists for slander under criminal rather than civil statutes.
Open, multicandidate presidential elections were held in December.
President Akayev was reelected with wide support over two opposing
candidates. He used government resources and state-owned media to carry
out his campaign. Three opposition candidates were deregistered shortly
before the election, and two opposition campaign workers were imprisoned
for allegedly passing out leaflets that libeled the President. Other
human rights problems included executive branch domination of the
judiciary (with concomitant lack of protection against arbitrary
detention and assurance of fair trial). Prison conditions remained
poor. Concerns about ethnic discrimination persisted, but in general
the situation for minorities improved and emigration rates have fallen.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits such practices, and there were no reports
that officials employed them.
Prison conditions are poor but not so bad as to constitute cruelty.
Spouses and lawyers have been allowed to visit the two imprisoned
campaign workers in Issyk Kul, but local human rights activists could
not. GKNB detainess are kept in a GKNB detention facility; if
convicted, they are sent to a regular prison.
d. Arbitrary Arrest, Detention, or Exile
The judicial system continues to operate under Soviet laws and
procedures. The procurator's office determines who may be detained,
arrested, and prosecuted. The Ministry of the Interior, the GKNB, and
the General Procurator's office carry out investigations. Since 1990
anyone arrested or charged with a crime has the right to defense
counsel. The procurator's office, which is responsible for the
investigation, often nominates the defense counsel, who is required to
visit the accused within the first 3 days of incarceration. However,
sometimes the accused first sees defense counsel only when the case
comes to trial.
The Criminal Code permits the procurator to detain a suspect for up to
72 hours before releasing him or charging him with a crime. The
procurator must issue an arrest warrant before the person can be
detained. If the procurator elects to charge a suspect, he must
immediately so advise defense counsel. The accused usually remains in
detention while the procurator investigates the case and prepares it for
court. At the procurator's discretion, he may keep the accused in
pretrial detention for up to 1 year, but there are provisions for
conditional release before trial. After 1 year, the procurator must
release the accused or ask the Parliament to extend the period of
detention. Since independence, there have been no known instances in
which Parliament extended a detention.
The procurator, not the judge, is in charge of criminal proceedings.
The courts are widely perceived as a rubber stamp for the procurator and
not a protector of citizens' rights. In addition, abysmally low judges'
salaries have led to the apparently well-grounded view among the
population that decisions can be bought easily.
Economic crimes such as tax evasion, or embezzlement or theft of
government property, are common, and most managers of state-owned
enterprises are believed to have committed them. Prosecution for these
crimes, however, is relatively rare and sometimes appears to be directed
at opponents of the Government. For example, a case brought and dropped
this year against the head of the Kyrgyzstani stock exchange was
believed to be politically motivated.
On December 22, two days before the Presidential elections, the head of
the campaign of opposition candidate Sherimkulov and another campaign
worker were arrested in Issyk Kul Oblast while campaigning. They were
charged with libeling the President by allegedly handing out leaflets
defaming President Akayev. Their colleagues deny that they had any
leaflets and claim the prosecutor has failed to produce any leaflets as
evidence. By year's end, the men had not been released on bail and
were, along with 30 supproters, carrying out a hunger strike.
The Government does not employ forced exile.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary. However, the
court system remains largely unreformed, and the executive dominates the
judiciary. Cases are tried in local courts. Appeals courts are on a
district or regional level, and the Supreme Court is the highest level.
The Constitutional Court began operations in June. There are also
arbitration courts that handle civil disputes and traditional courts
that handle low level crime in rural areas.
Once the procurator is ready, he brings a case 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 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. Witnesses do not recapitulate their testimony before
the court; instead they affirm or deny their statements in the
procurator's files. Defendants in criminal cases are treated in a
demeaning manner by being kept in cages in the courtroom.
The court may render one of three decisions: innocent, guilty, or
indeterminate (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 General 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 accused is returned
to the procurator's custody and may remain under detention. The Court
of Appeal may review lower court decisions whether or not a party to the
decision has appealed. Changes to the lower court's decision frequently
result in the imposition of a more severe penalty, almost invariably so
in criminal cases.
The Government has recognized the need to reform the system. Western
practices, including the presumption of innocence of the accused, have
been introduced. However, a deteriorating economy and a system staffed
largely by Soviet-trained officials continued to impede reforms.
The appointment of ethnic Kyrgyz to key positions in the judicial system
has led to charges by non-Kyrgyz that the system is arbitrary and
unfair, and that the courts treat Kyrgyz more leniently than members of
other groups. Although systematic discrimination is not clearly
evident, it is credible in some cases.
For most of the year, there were no political prisoners. However, in
December two campaign workers for a candidate for the Presidency were
arrested on charges of libeling the President and inciting ethnic
tension. The charges relate to material contained in pamphlets
allegedly distributed by the two. They remain in jail, with requests
for release on bail denied. No trial date has been set (see Section
1.d.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The 1993 Constitution prohibits unlawful entry into a home against the
wishes of the occupant and states that a person's private life, privacy
of correspondence, and telephonic and telegraphic communications are
protected by law. The law requires the General Procurators's approval
for wiretaps, searches of homes, interception of mail, and similar
procedures. However, a change in the law weakened these protections by
allowing the procurator to give approval for searches over the
telephone. In such cases there is then no written proof that a search
was approved. Furthermore, in certain cases law enforcement officers
may conduct a search and then get approval within 24 hours afterwards.
If approval is not given, any evidence seized is inadmissible in court,
but the search still may be made.
Personnel and organizations responsible for violations of these privacy
rights during the Soviet period have remained largely in place; however,
no widespread and systematic violations of the privacy of citizens were
reported. Some citizens active in politics or interested in human
rights believe that the privacy of their communications was violated.
Credible evidence is not available.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
A 1992 law calls for freedom of the press and mass media but also
provides guidelines proscribing publication of certain information. The
law supports the right of journalists to obtain information, to publish
without prior restraint, and to protect sources. However, it also
contains provisions that the Government has used to restrict press
freedom. For example, the law prohibits publication of material that
advocates war, violence, or intolerance toward ethnic or religious
groups; desecration of national norms, ethics, and symbols like the
national seal, anthem, or flag; publication of pornography; and
propagation of "false information." The law also states that the press
should not violate the privacy or dignity of individuals. It requires
all media to register with the Ministry of Justice and to await the
Ministry's approval before beginning to operate.
Fully independent newspapers and magazines exist in the capital, as well
as a few hours of independent television broadcasting and some
independent radio stations. Almost all electronic media and a
significant portion of print media are still government supported. The
Government continues to influence media coverage. The only overt
antipress actions this year have been presidential lawsuits for slander
against newspaper editors and reporters. The President successfully
sued two editors of the independent newspaper Res Publica after the
newspaper published an editorial claiming that President Akayev had
foreign property and bank accounts. The allegations were not proved,
and the two editors were found guilty of publishing false information
which libeled the President. They were sentenced to 18 months in prison
and barred from practicing journalism for that period. The prison
sentences were suspended at the request of the President. The editors
have appealed the conviction. The first Appeal Court upheld the
conviction, and it is now being appealed to the Supreme Court. In
November upon returning from Moscow, a medical doctor who is a human
rights activist was arrested and charged with libel for writing an
article published in Res Publica in June. He was released on bail and
is awaiting trial. While living in Moscow he claimed to be in exile
since he faced arrest on returning home.
The presidentially created Council on the Activities of the Mass Media
continued to dampen journalistic freedoms. At least two journalists
received warnings from the Council to cease writing certain types of
articles. Nonetheless, newspapers like Res Publica continued to publish
articles critical of the President, the Government, and government
policy.
There were a number of complaints that law enforcement officers harassed
journalists. This was especially the case during the Turkish summit and
the Manas celebration when both foreign and domestic journalists were
sometimes physically restrained from taking pictures or approaching
restricted areas even when they had permission to do so.
b. Freedom of Peaceful Assembly and Association
Under the Constitution, citizens have the right to assemble and
associate freely and do so without government interference. Permits are
required for public marches and gatherings but are routinely available.
There were a number of peaceful protests most notably during the
parliamentary debate on the proposed referendum to extend the
President's term of office. The demonstrations were carried out without
interference, and the demands of the protesters were reported in the
press. Later, however, several groups were unable to get permits for
assemblies on public squares. On October 27, the anniversary of
Akayev's election, large numbers of militia patrolled the squares to
discourage anyone trying to assemble without permits. Groups staged
small rallies at markets and stores instead.
The 1991 Law on Public Organizations, which includes labor unions,
political parties, and cultural associations, requires them to register
with the Ministry of Justice. A bureaucratic mentality, carried over
from the Soviet period, is at least partly responsible for the delay
some organizations experience in registering. Ultimately all
organizations have been able to register. The sole exception was a
Uighur organization with the stated goal of the creation of an
independent Uighur state in northwest China.
c. Freedom of Religion
The Constitution provides for the freedom of religion, and the
Government respects this right in practice.
Some religious leaders have called for the Government to protect
"traditional" religions (Islam and Russian Orthodoxy) by regulating the
activities of religious groups, but the Government has shown no interest
in doing so. This year the Government issued a decree that prohibited
the teaching of religion in public schools. The teaching of atheism was
also prohibited.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Government policy supports freedom of travel within and outside
Kyrgyzstan. However, certain policies imposed during the Soviet period
remain in effect and continue to complicate internal migration,
resettlement, and travel abroad.
Under the Soviet-era law still in force, citizens need a propiska
(official government permission) to work and settle in a particular area
of the country. Home and apartment owners are legally restricted to
selling their property to buyers with such permission. This law is
seldom enforced, and has become irrelevant as people move within the
country, freely selling their homes and businesses. However, in August
before and during the Manas celebration, militia members were reportedly
demanding to see propiskas in Bishkek, the capital, forcing those who
lacked them to temporarily leave the city or hide. On the other hand,
during parliamentary elections there was no requirement to show
propiskas to register to vote in Bishkek.
There is no law on emigration. Administrative procedures permit
movement of people; however, citizens who apply for passports for
foreign travel must present a letter of invitation from the country they
intend to visit or to which they intend to emigrate. There were no
reports, however, that citizens, after presenting such a letter, were
denied a passport or an exit visa. A Soviet-era law prohibits
emigration within 5 years of working with "state secrets." In 1995
there was one case of a person being refused an exit visa for emigration
on these grounds until the 2 years remaining in the 5-year period
expire. Emigrants were not prevented from returning to Kyrgyzstan, and
there is reportedly a small but steady flow of returnees.
The Government cooperates with the U.N. High Commissioner for Refugees
(UNHCR) and other humanitarian organizations in assisting refugees.
There were no reports of forced expulsion of those having a valid claim
to refugee status. In October UNHCR opened an office in Kyrgyzstan.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens have the constitutional right to change their government
peacefully, but have limited ability to do so in practice. On December
24, Kyrgyzstan held the first ever open, multicandidate presidential
election in Central Asia. Prior to setting an election date, the
Parliament turned back a petition campaign calling for the president's
term to be extended by referendum and passed a resolution stating that
referenda to extend presidential terms in office were unconstitutional.
According to the Constitution, presidential elections are to be held
every 5 years. There is a limit of two terms.
Although only isolated instances of fraud were reported on election day,
opposition candidates for the presidency had difficulty getting on the
ballot. Three of six candidates registered by the Election Commission
were deregistered 2 weeks prior to the election after local government
officials successfully challenged in court the oblast proportion of the
signatures required to nominate the candidates. Voter interest and
turnout for the election was high. President Akayev won a convincing
majority. Opposition candidates protested the President's use of
government resources for his campaign, particularly his domination of
the state-run media despite strict rules calling for equal access by all
candidates. Two opposition candidate campaign workers were arrested
just prior to the election and remained in detention at year's end.
Election observers reported that minor procedural violations were
widespread during the election.
In February citizens elected a new Parliament and changed the form and
composition of that body. Constitutional amendments defining the new
Parliament had not been put into place prior to the election, however.
During the parliamentary elections, there were reports of widespread
vote buying, ballot stuffing, and other election fraud. There did not
appear to be an overall attempt to subvert the election results by any
one party or group.
The President and his advisors dominate the Government. Parliament and
the judiciary tend to be subordinate to the executive branch. Most
local government officials are appointed by the President.
Nevertheless, a strong desire for consensus gives many different
interests a role in decision making.
Women and ethnic groups are underrepresented in government and politics.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A number of human rights groups operate without government restriction,
investigating and publishing their findings on human rights cases.
Government officials are generally responsive and sensitive to their
views.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution provides for the rights and freedom of individuals and
prohibits discrimination, including on the basis of language. 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 an estimated population of 4.46 million, some 56.5 percent
are Kyrgyz, 18.8 percent Russians, 13.5 percent Uzbeks, and the rest
Ukrainians, Tajiks, Kazaks, and others.
Women
The dramatic drop in family incomes associated with the transition from
a Communist to a free market economy has put tremendous pressures on
traditional family structure. Alcohol and drug abuse, unemployment,
malnutrition, and the breakdown of social support systems have resulted
in a rise in abuse of women by their spouses. The Government has been
unable to respond adequately to these new needs due to extreme budgetary
limitations. Nongovernmental organizations, which might be active in a
more developed economy, are only in the formative stages and are not
able to provide effective support to abused women. Crime, including
rape and assault, has increased markedly since independence.
The press sometimes reports violence against women. While no overall
statistics are available, one Bishkek hospital reported that in the
first 9 months of 1995, 123 women were admitted with injuries sustained
in domestic disputes. Normal law enforcement procedures are used in
cases of domestic violence. The Government has not established programs
to address these issues.
The law gives equal status to women, and they are well represented in
the work force, professions, and institutions of higher learning. Women
probably have been more affected by unemployment during the economic
transition than men. In addition, the Government's failure to pay
pensions has disproportionately affected women, since they make up the
majority of pensioners. In rural areas, women are still often seen only
in the role of homemaker, mother, and wife.
Children
The Government continues to rely on former Soviet law in this sphere.
There is no monitoring of children's rights. Children in rural areas
are commonly used to pick crops. Decreased social spending on schools
and medical care and the closure of kindergartens have had a negative
impact on child welfare.
People with Disabilities
There is no special law to protect disabled individuals, nor any law
mandating accessibility. Former Soviet law continues to remain the
basis for any resolution of complaints. Government officials are
inattentive to the issue, partly due to the difficult economic situation
and the state of the budget.
National/Racial/Ethnic Minorities
Reported complaints of discrimination center on the treatment of
citizens who are not ethnic Kyrgyz. These groups, which make up over 40
percent of the population, are often called the Russian-speaking
minority. Members of this minority allege discrimination in hiring,
promotion, and housing. They complain that government officials at all
levels favored ethnic Kyrgyz.
Russian speakers (those who do not speak Kyrgyz) also allege that a
ceiling exists in government employment which precludes their promotion
beyond a certain level. The representation of ethnic Kyrgyz at high and
intermediate levels of government is proportionally much greater than
the percentage of ethnic Kyrgyz in the general population. Russian
speakers have been replaced in many positions in government, industry,
and education by ethnic Kyrgyz. This gives credence to perceptions that
career opportunities are limited for those who are not ethnic Kyrgyz.
The Constitution designates Kyrgyz as the official language but provides
for the preservation and equal and free development of Russian and other
languages used in the country. In 1994 President Akayev issued a decree
designed to protect the rights of the Russian-speaking minority and
thereby reduce the outflow of Russian speakers. The decree stated that
the exodus of Russians was caused by social and political factors--
ethnic hostility and job discrimination--and hurt the national economy.
The decree gave the Russian language official status alongside Kyrgyz in
regions and at enterprises where Russian speakers constitute a majority,
as well as in sectors, such as health services and technical sciences,
where use of Russian is particularly appropriate. It also provides for
the fair representation of the Russian-speaking population in the
national government, local state administration, and on the boards of
state organs and enterprises.
Section 6 Worker Rights
a. The Right of Association
The 1992 Labor Law provides for the right of all workers to form and
belong to trade unions, and there is no evidence that the Government
tried to obstruct the formation of independent unions. The Federation
of Trade Unions of the Kyrgyz Republic (The Federation), successor to
the former official union, remains the only trade union umbrella
organization in the country, although unions are not required to belong
to it. The leadership is changing, and some of its properties are being
sold off.
The Federation has been critical of government policies, especially
privatization, and their impact on working class living standards. The
Federation still regards itself as in a process of transition in which
it is adjusting its relations with the Government, with other unions in
the former Soviet Union, and with unions abroad. A growing number of
smaller unions are not affiliated with the umbrella organization.
While the right to strike is not codified, strikes are not prohibited.
There were several small strikes of short duration. One strike at the
State Antimony Plant was ended by government order after 2 months. The
strikers were protesting the firing of the company director after he was
charged with tax evasion. There were no retaliatory actions against
strikers. Nor were there instances of human rights abuses directed at
unions or individual workers.
The Labor Law calls for practices consistent with international
standards. The law permits unions to form and join federations and to
affiliate with international trade union bodies. Since independent
unions are still in their infancy, no meaningful affiliation with
international trade union bodies has taken place.
b. The Right to Organize and Bargain Collectively
The law recognizes the right of unions to negotiate for better wages and
conditions. Overall union structure and practice are slowly changing
from that of the Soviet era, and there is growing evidence of active
union participation in state-owned and privatized enterprises. The
Government sets the minimum wage, and then each employer sets its own
wage levels.
The law protects union members from antiunion discrimination, and there
were no recorded instances of discrimination against anyone because of
union activities. The Federation cited one example in which the charter
of a newly privatized entity precluded its workers from engaging in
union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law forbids forced or compulsory labor, and it is not known to
occur.
d. Minimum Age for Employment of Children
The minimum age for employment is 18 years. 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 age 16); the
Ministry of Education monitors enforcement. However, families
frequently call upon their children to work to help support the family.
e. Acceptable Conditions of Work
The Government sets a national, legally mandated minimum wage at a level
theoretically sufficient to provide minimal subsistence. As of November
1, the minimum wage was about $7.00 (75 soms) per month. In practice,
even the higher median wage is considered insufficient to assure a
decent standard of living for a worker and family. The Federation is
responsible for enforcing all labor laws, including the Law on Minimum
Wages. As the Government provides the overwhelming proportion of
employment, minimum wage regulations are largely observed. However,
enforcement of labor laws is nonexistent in the growing underground
economy. Market forces help 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-owned industries, there is a mandatory 24-hour rest period in the
workweek.
Safety and health conditions in factories are poor. The deteriorating
economy hindered enforcement of existing regulations and prevented
investment to improve health and safety standards. The April 1992 law
established occupational health and safety standards, as well as
enforcement procedures. Besides government inspection teams, trade
unions are assigned active roles in assuring compliance with these
measures, but again the rapidly deteriorating economic situation in the
country has made the compliance record of businesses spotty.
(###)
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