CCPR/C/KGZ/CO/2
National human rights institution
7.
The Committee is concerned about the insufficient guarantees of independence of
the Office of the Ombudsman (Akyikatchy). The Committee welcomes the State party’s
efforts to amend the Law on the Ombudsman to ensure its compliance with the principles
relating to the status of national institutions for the promotion and protection of human
rights (the Paris Principles) (General Assembly resolution 48/134, annex) (art. 2).
The State party should expeditiously bring the mandate of the Ombudsman
(Akyikatchy) into full compliance with the Paris Principles and provide it with the
necessary financial and human resources to ensure that it can effectively and
independently implement its mandate.
Non-discrimination and equality
8.
The Committee remains concerned about a lack of comprehensive antidiscrimination legislation prohibiting discrimination on grounds such as race, language,
disability and ethnic origin, and about the lack of disciplinary sanctions for State officials
acting in a discriminatory manner (arts. 2 and 26).
The State party should review its domestic legislation and bring it into line with the
principle of non-discrimination to ensure that it includes a comprehensive prohibition
of discrimination on all the grounds set out in the Covenant. The State party should
also ensure that reliable and public data is systematically collected on cases of
discrimination and their treatment by the competent judicial authorities.
9.
The Committee is concerned about reports of violence against lesbian, gay, bisexual
and transgender (LGBT) persons by both State and non-State actors, and the failure on the
part of the State party to address such violence (arts. 2 and 26).
The State party should ensure that violence against LGBT persons is thoroughly
investigated, that perpetrators are prosecuted, and if convicted, punished with
appropriate sanctions, and that the victims are adequately compensated and protected
against reprisals.
State of emergency
10.
The Committee regrets the lack of information on the progress made to review the
legislation governing states of emergency to bring it into compliance with article 4 of the
Covenant, in particular concerning the power of derogation from specific Covenant
provisions (CCPR/CO/69/KGZ, para. 12). The Committee is concerned about reports that
the state of emergency imposed in 2010 did not complying with the safeguards of article 4
of the Covenant, including failure to take measures to protect certain non-derogable rights,
such as the right to life and prohibition of torture (arts. 4, 6 and 7).
The State party should ensure that its legislation on states of emergency and
application thereof are fully compatible with the provisions of article 4 of the
Covenant.
Violence against women
11.
While welcoming the adoption of measures to combat violence against women, the
Committee notes with regret continuing reports of acts of violence against women,
including bride kidnapping, spousal rape and domestic violence. The Committee is
concerned that violence against women remain underreported and that domestic violence is
accepted by the society at large (arts. 2, 3 and 7).
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