416. JAL 06/05/2014. Case no: KGZ 1/2014. State reply: 21/04/2015.

Alleged discriminatory consequences and negative impact on the peaceful and legitimate work of human rights defenders of the draft Bill “On the formation of a positive attitude toward non-traditional forms of sexual relations”.

Observations

Draft Bill “On the formation of a positive attitude toward non-traditional forms of sexual relations”

420. The Special Rapporteur takes note of the Government’s reply on 21 April 2015 and expresses his grave concern about the draft Bill “On the formation of a positive attitude toward non-traditional forms of sexual relations” and the discriminatory consequences and negative impacts it could have on the peaceful and legitimate work of human rights defenders (KGZ 1/2014). This Bill would amend several pieces of legislation, including the Law on Peaceful Assembly, and introduce a range of criminal and administrative sanctions on persons contributing towards the creation of “a positive attitude toward non-traditional sexual orientation.” The Special Rapporteur reiterates his concern at the detrimental effect of the Bill on the peaceful and legitimate work of human rights defenders in Kyrgyzstan who are working to protect and promote the rights of the LGBTI community. He reminds the States of its obligation to safeguard the human rights of LGBTI people is well established in international human rights law based on Universal Declaration of Human Rights, which, in article 1, unequivocally reads: “All human beings are born free and equal in dignity and rights.” (A/HRC/26/29, paragraph 20). He also recalls the concerns raised by the Human Rights Committee regarding reports of violence against LGBTI people by both State and non-State actors, and the failure of the authorities to address such violence in violation of the rights to non-discrimination and equality set forth in the International Covenant on Civil and Political Rights, acceded by Kyrgyzstan on 4 October 1994 (CCPR/C/KGZ/CO/C, paragraph 9).

421. The Special Rapporteur reiterates that general laws governing assemblies may have a disproportionate impact on certain groups and some of the most prominent examples include “public morality” laws that have been used against those promoting LGBTI rights (A/HRC/26/29, paragraphs 29, 30 and 31). He denounces regulations and practices designed to silence, intimidate and harass those who promote the human rights of LGBTI people through public assemblies and seeks to know what measures have been taken to ensure that human rights defenders, including civil society and activists and particularly those working on LGBTI issues, can operate in a safe and enabling environment, and can carry out their legitimate activities without fear of harassment, stigmatization or criminalization of any kind.

Link to full text of the report: Report-SRAssembly-Communications-replies-2015-eng-fra-esp

Link to Special Rapporteur’s correspondence with the State: Correspondence-SR-Kyrgyzstan-1-2014-eng

Link to the State’s reply: Correspondence-SR-Kyrgyzstan-reply-1-2014-eng