CERD/C/KGZ/CO/5-7
Statelessness adopted in 2009 and updated in December 2012. However, the Committee
remains concerned that a great number of persons (90,000), including stateless persons
remain undocumented. The Committee is also concerned at reports that a discriminatory
approach is applied regarding registration procedures and recognition of refugee status with
respect to foreign Uighurs and Uzbeks, placing them in risk of harassment by the police and
refoulement (arts. 2 and 5).
The Committee recommends that the State party continue its efforts to grant Kyrgyz
citizenship to stateless persons including, through its National Action Plan to Prevent
and Reduce Statelessness updated in December 2012. It also recommends that the
State party take appropriate measures to grant access to its registration procedures
and consider asylum requests regardless of the origin of applicants. The State party
should also provide documents to all asylum seekers and take necessary measures to
prevent them from risk of refoulement.
Hate speech
18.
While noting that article 229 of the Criminal Code punishes “actions aimed at
inciting, racial, religious or interregional hatred, offending ethnic pride, or promoting
exclusivity or inferiority of citizens on the basis of religion, or their ethnic or racial
background”, the Committee is concerned at reports according to which hate speech by
some politicians and media as well as discriminatory statements with regard to some
minority groups are widespread, remain unprosecuted and unpunished (art. 4, 6 and 7).
The Committee recommends that the State party strongly condemn the
discriminatory statements and hate speech by politicians and media. The Committee
particularly recommends that the State party take appropriate measures to
investigate, prosecute and punish such acts and take appropriate measures to prevent
them, including through education training of media.
Information on cases related to racial discrimination
19.
While noting information provided by the State party, the Committee is concerned at
the lack of comprehensive and precise information on cases related to racial discrimination
brought before domestic courts and tribunals, in particular their nature, the sanctions and
the reparation provided to victims. The Committee is also concerned at the absence of
explanations on the effective remedies available to victims of racial discrimination and their
effectiveness (arts. 5 and 6).
Referring to its general recommendation No. 31 (2005) on the prevention of racial
discrimination in the administration and functioning of the criminal justice system,
the Committee recalls that the absence of complaints or legal proceedings brought by
victims of racial discrimination can be indicative of legislation that is insufficiently
specific, a lack of awareness of available remedies, fear of social censure or reprisals,
or an unwillingness on the part of the authorities to initiate proceedings. The
Committee recommends that the State party take all necessary steps to facilitate the
access of the persons belonging to all ethnic groups to justice, to disseminate
legislation relating to racial discrimination to inform the population of all the legal
remedies available to them. It further recommends that the State party provide
comprehensive information on this subject in its next periodic report.
Human rights education
20.
While noting information provided by the State party on human rights training
provided to security forces, the Committee remains concerned at the lack of comprehensive
and precise information on effective measures taken by the State party relating to human
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