Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, A/HRC/32/36/Add.3, 17 June 2016: Kyrgyzstan
513. JAL 30/07/2015. Case no. KGZ 2/2015. State reply: None. Allegations of increased targeting of human rights defenders and civil society organisations, by both State and non-State actors, including in the context of retrogressive draft legislations and amendments, for their peaceful and legitimate human rights work.
Draft Bill on the formation of a positive attitude toward non-traditional forms of sexual relations
520. The Special Rapporteur reiterates his grave concerns regarding the draft Bill on the formation of a positive attitude toward non-traditional forms of sexual relations and regrets that the Kyrgyz Government has not responded to the communication sent on 30 July 2015 (KGZ 2/2015). The draft Bill may have discriminatory consequences and negative impacts it could have on the peaceful and legitimate work of human rights defenders. The 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.”
521. The Special Rapporteur reiterates his concern at the detrimental effect of the Bill on the peaceful and legitimate work of human rights defenders in the Kyrgyz Republic who are working to protect and promote the rights of the LGBTI community. He reminds the Government of the Kyrgyz Republic of its obligation to safeguard the human rights of LGBTI people in accordance with 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, para. 20). He reminds the Government of the Kyrgyz Republic of the Committee on the Elimination of Discrimination Against Women recommendation, which urges the State to ensure the draft Bill is not adopted (CEDAW/C/KGZ/CO/4, para. 10(a)), as well as the reports of the Human Rights Committee regarding violence perpetrated against LGBTI people and a failure to address such violence (CCPR/C/KGZ/CO/C, para. 9).
Link to full text of the report: report-srassembly-communications-and-replies-2016-eng-fra-esp
Link to Special Rapporteur’s correspondence with the State: correspondence-sr-kyrgyzstan-2-2015-eng