A/HRC/46/57/Add.1
efforts, most notably Ferghana Valley Lawyers Without Borders and its director, Azizbek
Ashurov, who won the Nansen Refugee Award in October 2019 for their contribution.
17.
Kyrgyzstan is therefore a notable example of good practices to eliminate statelessness,
which are particularly important in light of the serious consequences of statelessness for
millions of members of minorities in other regions.
18.
Kyrgyzstan must be commended for these and other progressive measures, but there
are areas of concern which need to be recognized and addressed to ensure the full realization
of the human rights of minorities in a number of areas, particularly in relation to specific
minorities, such as the Uzbeks, Mugats and others.
VI. Areas of concern and for further improvement in the
recognition, protection and implementation of the human
rights of minorities
19.
The Special Rapporteur is of the view that the Government of Kyrgyzstan has taken
significant steps towards a fairly comprehensive strategy and set of initiatives to tackle
discrimination, hate speech and hate crimes against minorities and other vulnerable groups.
20.
The Special Rapporteur urges additional improvements and changes in areas where
there are gaps, or where the implementation is much weaker or even inconsistent with the
country’s international human rights obligations, particularly in relation to the rights of
minorities.
A.
Comprehensive human rights legislation
21.
While Kyrgyzstan has developed a human rights action plan based on
recommendations from international human rights mechanisms which includes a specific
section on minority issues, the plan deals mainly with awareness-raising activities such as on
combating racial discrimination and intolerance as provided for in the International
Convention on the Elimination of All Forms of Racial Discrimination. It does not directly
address issues such as education in minority languages or the underrepresentation of
minorities in many or most areas of public life.
22.
There are therefore a number of continuing gaps or omissions which raise concerns
that have been expressed previously by other United Nations human rights mechanisms,
including the absence of comprehensive human rights legislation – and especially of an antidiscrimination law – to ensure the implementation of constitutionally entrenched human
rights and of the international obligations of Kyrgyzstan. 3 While anti-discrimination
provisions are included in the Criminal Code and the Labour Code, there are no such
provisions in other key areas, such as education and health care, among others. These lacunae
can be of particular significance for minorities.
B.
Office of the Ombudsperson and the Paris Principles
23.
The Office of the Ombudsperson (Akyikatchy) receives complaints about human
rights violations, including from members of minorities, such as alleged police mistreatment,
discrimination in the provision of public services, and hate speech and hate crime, and also
with regard to registration of religious organizations. Despite the important work of the
Ombudsperson, his office faces challenges in the areas of human and financial resources. His
institutional position also appears to be vulnerable, due to specific provisions contained in
the Law on the Ombudsperson of the Kyrgyz Republic, such as article 7 of the law which
provides for “premature dismissal” of the Ombudsperson in the case of disapproval by the
Parliament (Jogorku Kenesh) of his Office’s report on the human rights situation in the
country.
3
See A/HRC/44/4, in particular the recommendations contained in subparas. 140.208–140.215.
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