A/HRC/46/57/Add.1
24.
The Special Rapporteur also shares the concerns expressed by other United Nations
mechanisms that the mandate and operations of the Office of the Ombudsperson are not in
compliance with the principles relating to the status of national institutions for the promotion
and protection of human rights (the Paris Principles). The Special Rapporteur has concerns
as to the low number of complaints of discrimination on the grounds of religion, language or
ethnicity submitted to the Office. It was intimated during his visit that this may in part be due
to the perceived lack of sufficient institutional resources and to limited powers to carry out
the mandate of the Ombudsperson.
25.
In the opinion of the Special Rapporteur, and as expressed to him during his visit,
legislation is needed to bring the Office of the Ombudsperson into compliance with the Paris
Principles. The Government of Kyrgyzstan should also take effective measures to raise
awareness about the work of the Office and about the complaint mechanism available to
minorities for complaints of ethnic, religious or linguistic discrimination. Finally, the Office
should also be assured the necessary resources to discharge its role.
C.
Statelessness
26.
Kyrgyzstan, it is worth repeating, is a trendsetter in tackling statelessness and almost
completely ending it in the country. However, there are concerning legislative developments
that need to be addressed, such as the 2016 amendments to the 2007 Law on Citizenship
enabling the revocation of Kyrgyz citizenship from citizens for serving in the military
services of a foreign power or who have been convicted of terrorism. These amendments are
of concern since “terrorism” charges can be interpreted to unduly impact individuals from
certain ethnic minorities who may be deemed by State authorities to be more susceptible to
“terrorist activities”. Such an interpretation raises concerns of prohibited discrimination and
potentially may additionally lead to individuals becoming stateless, contrary to international
human rights law.
27.
The Special Rapporteur was informed during his visit that there may be a tendency
among members of security forces and judicial authorities to consider Uzbeks or Uighurs as
more prone to a variety of activities, not all of them violent, that are categorized as
“terrorism”.
28.
He is concerned that the Government of Kyrgyzstan has been caught up in “legislative
fever” around counter-terrorism, and that the more recent amendments have had the effect of
instrumentalizing the citizenship policy in practice so as to strip certain individuals of their
citizenship on the pretext of national security. This appears to target and impact
disproportionately and unreasonably specific minorities, potentially stripping mainly Uzbeks
and Uighurs of their citizenship and rendering them stateless.
29.
In addition to the targeting of particular members of these minorities under counterterrorism measures, which constitutes a discriminatory application of the law, the practice of
withdrawing citizenship from persons suspected of being involved in a wide or ambiguous
category of terrorism has been criticized as being contrary to Security Council resolutions
which require States to investigate and prosecute terrorism-related charges against
individuals through their national criminal justice frameworks – and not to deprive
individuals of their citizenship.4
D.
Education and minorities
30.
In Kyrgyzstan, school education includes primary education (grades 1 to 4), basic
secondary education (grades 5 to 9) and upper secondary education (grades 10 and 11).
Primary and basic secondary education are compulsory. There is also one year of elective
preschool education.
4
6
Security Council resolution 2178 (2014).