As Kyrgyzstan ushered in a new political post-COVID era, two striking narratives have unfurled: the rise of an assault against independent media and civil society and the fervent espousal of ‘traditional values’. This cocktail of socio-political dynamics has led to an unparalleled squeeze on the LGBT+ community and associated activists. Such domestic strife threatens to upend years of Kyrgyzstan’s democratic progress and freedoms, sacrifices many citizens have fiercely fought for. The increasing vilification of LGBT+ individuals, coupled with a polarising categorisation of citizens as ‘acceptable’ and ‘unacceptable’, sets the stage for heightened societal fissures and burgeoning conflict potential. It is crucial, now more than ever, for civil society and media to forge a robust solidarity front, rallying behind the banner of collective rights and freedoms.
«First they came…»
“Kyrgyzstan, in recent years, has witnessed the term ‘moral, traditional values’ ascend to a unique notoriety within its legislative framework. It’s worth highlighting that the crusade for ‘morality’ and ‘traditional values’ is not a novelty of the present administration. Historically, Kyrgyz public discourse has been peppered with the demonization of myriad ‘enemies of morality’. However, the ratification of the new constitution in 2021 marked a discernible downturn in affairs. Significant structural shifts were initiated: the reigning in of executive authority and a transfer of some responsibilities to the presidency.
A novel entity, the People’s Kurultai – described as an advisory, supervisory assembly issuing counsel on societal evolution – was birthed. Interestingly, the constitution also enshrines the Kurultai with legislative initiative, enabling the president, on their recommendation, to oust cabinet ministers and executive body chiefs. Alas, the Constitution fails to clearly delineate this body’s allegiance. Moreover, Kurultai members can impact the composition of a third of the Council for Justice. In essence, the People’s Kurultai mirrors many functions of the Jogorku Kenesh and can significantly sway cabinet appointments and judicial matters via the Council for Justice. This blurring of boundaries between the triumvirate of powers and the enhancement of presidential sway through a new entity capable of steering crucial processes was not the only constitutional shift. The constitution now houses a clause permitting the state to legislatively curb anything it deems in violation of moral values and public consciousness.”
Post-constitutional alterations, the Kyrgyz Republic’s ‘Education Law’ has embraced a stipulation centred on ‘moral education’. Notably, the legal texts are conspicuously silent on defining the essence of ‘moral values’ and the framework of ‘moral education’. The legitimacy of these terms remains elusive. Hence, it’s likely that these provisions are geared towards enabling selective law enforcement in the future, bolstering control over those deemed by the authorities as violators of this elusive ‘morality’.
In 2023, the quest to enshrine state-favoured values persevered. Amendments were proposed to two key legislations – ‘On measures to prevent harm to the health of children, their physical, intellectual, mental, spiritual and moral development in the Kyrgyz Republic’ and ‘On the media in the Kyrgyz Republic’. These laws now include an explicit catalogue of potentially harmful information. Curiously nestled among bans on cruelty and terrorism is a prohibition of ‘non-traditional sexual relations’ propaganda. However, the architects of the bill have refrained from defining what constitutes ‘traditional sexual relations’. The amendments include punitive measures for propagating such information. Importantly, these provisions aren’t confined to traditional media platforms. Under the revamped framework, any social media page circulating information can be categorised as a media entity. Hence, any discourse on topics like sexual and reproductive health, gender equality, or HIV can potentially be flagged as propaganda and be subject to fines, regardless of the organization’s official media status.
Beyond the aforementioned legislation, attention should also be drawn to certain law-making endeavours that have provoked outcry within civil society. Under a new proposal, non-governmental organizations (NGOs) face a labyrinth of registration and permit-acquiring procedures for their operations. The government is granted authority to scrutinise its financial transactions and demand exhaustive activity reports. The bill also introduces the notion of a ‘foreign representative’ and a registry for entities receiving foreign funds. This bears a striking resemblance to Russia’s controversial ‘foreign agents’ law, with the only departure being a nuanced change in terminology; in Kyrgyzstan’s iteration, ‘representative’ supplants ‘agent’. Yet, should Kyrgyzstan adopt a similar law, its adverse repercussions will ripple beyond the confines of civil society or LGBT+ organizations. All Kyrgyzstanis are set to bear the brunt of its impact. For instance, due to nebulous definitions within the law, experts warn of a risk that any text published online could potentially be labelled as ‘political activity’.
‘Morality’s Foes’: Raids, Hate Speech, and Backlash – The LGBT+ Community in Kyrgyzstan’s Crosshairs
Running concurrently with the legislative initiatives, Kyrgyzstan’s media landscape has been embroiled in a vehement campaign against entities perceived to be foisting ‘unfitting’ values and a ‘misguided’ democracy onto the Kyrgyz populace. In this unfolding narrative, the LGBT+ community has found itself cast as the state’s adversaries. Reports accusing LGBT+ organizations of sabotaging ‘family values’ and promulgating ‘Western democracy’ have surfaced with striking frequency, fuelling debates stirred by the proposed bills. Interestingly, the Jogorku Kenesh (the Kyrgyz Parliament – edit.) has deliberated on 222 draft laws from September 2022 to June 2023, with 50 of these discussed on the final working day. This legislative throughput invites scrutiny over the depth and proficiency with which the lawmakers are examining these bills.
A cursory analysis of such articles reveals discernible patterns: firstly, the constant echoing of the rhetoric surrounding ‘the peril of moral decay’ and ‘misguided democracy’; and secondly, a near-ubiquitous reference to NGOs within the context of foreign funding, often coupled with either an overt or veiled nod to the LGBT+ community.
The primary objective of this media blitz appears to be the creation of a climate conducive to discrediting, promoting stereotypes, and fostering prejudice against not just the LGBT+ community but also the broader civil sector in Kyrgyzstan. The glaring absence of hard data or tangible facts and the rampant substitution of political terminology make these articles veer more towards reactionary propaganda than genuine event reporting or educational content. Further, such an atmosphere abets the legitimisation of discrimination and violence targeted at the LGBT+ community.
In Kyrgyzstan, the LGBT+ community ranks among the most marginalised societal segments. As per a report by ECOM, 2022 alone saw the registration and documentation of 31 instances of LGBT+ rights infringements in Kyrgyzstan. The majority of these cases involve medical personnel discriminating against individuals living with HIV. Health service providers have been found denying care to LGBT+ individuals, engaging in verbal abuse, and threatening to disclose their health status and sexual orientation.
Subsequent to medical staff, law enforcement officers and agencies are the most frequent violators of LGBT+ rights. They have been implicated in setting up fake dates, engaging in blackmail, and physically assaulting LGBT+ individuals. Reports of domestic violence and workplace discrimination against the LGBT+ community have also surfaced.
The situation in 2023 hasn’t shown signs of improvement. As per the confidential internal documentation of NGO ‘Kyrgyz Indigo’, the first half of 2023 alone witnessed 45 requests for legal advice and assistance from the LGBT+ community. It’s worth noting that these figures only represent registered instances where LGBT+ individuals opted to approach organisations and seek to safeguard their rights. The actual tally of human rights infringements, which remain unnoticed by human rights organisations, could potentially dwarf the official numbers manifold.
However, rendering problems invisible does not eliminate them. LGBT+ individuals would persist as targets of hate crimes, and society would rationalize this, given the media’s long-standing habit of fostering antagonism against not only the LGBT+ community but also those engaged in advocacy work. The portrayal of a foe that erodes national identity and moral fabric from within sets the stage for discrimination against LGBT+ people to be not only excused but also endorsed by society.
The fallout from such calculated information campaigns is already discernible. A plethora of articles, their correlation with the bills being debated, and the entire narrative framed within the context of ‘defending Kyrgyzstan’s internal interests’ has not only escalated the number of hate crimes but has also jeopardized the safety of spaces and events catered to the LGBT+ community.
Despite the shadow of legal impediments and widespread discrimination, Kyrgyzstan’s LGBT+ community has persistently maintained a prominent visibility in the Central Asian landscape. Crucial to this visibility are safe havens where members can freely express their creativity, forge friendships, and find supportive resonance with fellow LGBT+ individuals. These spaces, more than mere comfort zones, are lifelines in navigating societal rejection and mitigating the burden of oppressive forces.
However, such initiatives and the very security of these social spaces are frequently threatened by media-driven harassment. A glaring example from July 2023 illustrates this vulnerability – a popular gay bar in Bishkek was encircled by law enforcement agencies as ultra-right factions convened outside the venue, issuing threats of physical harm to the patrons. This disturbing occurrence remained notably absent from media coverage.
Backlash of Conservatism and the Reimposition of Tradition in Kyrgyzstan: The Fallout
The numerous instances of discrimination against the LGBT+ community, coupled with the state’s oppressive legislative stance against democratic initiatives and the wholesale neglect of citizens’ rights, are indicative of Kyrgyzstan’s broader swing towards conservatism. Whether this development is spurred by external propaganda or rooted in the nation’s internal dynamics is a subject of academic discourse. Yet, the stark signs of society’s retraditionalisation and the rise of authoritarianism within Kyrgyzstan are incontrovertible.
Should reports from human rights organisations or genuine accounts from LGBT+ individuals recounting their daily ordeals be branded as propaganda? Such firsthand accounts are notably sparse, and predominantly documented by non-LGBT+ individuals or organisations. A significant portion of unfree media content, lacking in concrete statistics or realistic portrayals, employs manipulative tactics, incites scapegoating, and fosters a negative representation of the LGBT+ community.
In the face of looming stereotypes and acerbic propaganda, the narrative that LGBT+ groups and human rights organizations are forcibly pushing their ideologies onto society is nothing more than a myth. Countering this narrative reveals that, like any other individuals, members of the LGBT+ community simply aspire to live a life of freedom, yearning for societal recognition and acceptance.
The scope of the cascading consequences currently unfurling in Kyrgyzstan remains yet to be fully understood. The nation is treading on perilous ground, flouting international law norms, curtailing freedom of speech and information access, and implementing a purportedly ‘essential’ censorship that deprives children of vital knowledge. Further challenges arise as Kyrgyzstan weakens its civil society by adopting Russia’s rhetoric on foreign agents—a move with potential ramifications for numerous legislative initiatives. These daunting processes collectively pose a formidable challenge for society at large.
What’s transpiring in Kyrgyzstan isn’t an isolated incident. While a global trend appears to prioritize human rights, there’s a concurrent conservative shift curtailing the rights of vulnerable groups. This is vividly evident in various African nations and Indonesia. Take Ghana, for instance, where a proposed law seeks to tighten the existing ban on same-sex relationships by introducing a five-year imprisonment sentence for LGBT+ individuals and organizations advocating their rights.
Kyrgyzstan is treading the same path, witnessing a slip in its international standings. The impact of this shift will have a far-reaching, negative influence on the lives and rights of LGBT+ individuals, and also deter potential investors. These profound consequences could ripple into the future, serving as a grim reminder that human rights aren’t divisible into majorities and minorities. Where restrictions seem to target one group, violations of civil rights and liberties will eventually affect all.
What can be done?
In summary, a problem overlooked is not a problem solved. This is especially pertinent for the plight of LGBT+ individuals in Kyrgyzstan, who, despite facing a torrent of discrimination and hate-motivated violence, find their issues shrouded in disconcerting societal invisibility. Proposed legislations seeking to curtail the rights of this community, alongside other repressive initiatives, cast a troubling shadow on the country’s human rights landscape.
The concern isn’t confined to these bills, though. A suite of legal endeavours aimed at suppressing freedom of speech, limiting access to information and attenuating the effectiveness of civil society, are also worthy of alarm. Such moves only fuel societal discord, casting the vulnerable LGBT+ community as a threat to national identity and morality, thus providing an open invitation for majority-minority discrimination and violence.
The media’s role in all of this, sadly, has been less than commendable. With freedom of the press stifled, the media often falls into the trap of perpetuating harmful stereotypes and prejudices about the LGBT+ community, thereby endorsing their negative image. The question that arises then is: who is truly eroding our societal values? Surely, advocating for human rights and fostering tolerance cannot be the agents of such destruction.
Turning a blind eye to international norms, curbing freedom of speech and information access, and sapping the vitality of civil society, unfortunately, results in grave repercussions that have begun casting a shadow over our present circumstances. The changes unfolding in Kyrgyzstan are not an anomaly, as a similar surge of conservative tendencies and rights curtailment is observed in other countries too. Nevertheless, it is crucial to acknowledge and respond to the empirical evidence of violations against LGBT+ individuals and other susceptible groups. A surge in pleas for assistance directed to human rights organisations signals an urgent need for decisive action and support.
As a society, we hold the reins of our nation’s future. Upholding human rights ought to be our pinnacle value, and we must rally to support and shield the vulnerable among us. Only then can we charter a course towards progress and development that is rooted in equality, tolerance, and respect for all.
Recommendations
Given the prevailing circumstances, free media outlets, NGOs, and ordinary citizens alike must band together. Collective endeavours, awareness campaigns, and cooperative efforts can fortify civil society while safeguarding the rights of the vulnerable. Noteworthy illustrations of such movements and initiatives include the likes of the Alliance For Justice (AFJ) in the United States. The AFJ, encompassing over 150 organisations, represents a broad spectrum of groups dedicated to progressive values and the construction of a fair, just, and free society. Since 1979, the AFJ has steadfastly defended the integrity of an impartial and autonomous justice system, ensured open access to the courts, and empowered others to lobby for their rights. It’s high time we sow the seeds of such alliances, rooted in the values of freedom and solidarity, on our own soil.
The onus falls on the government and parliament to enact legislative measures that offer comprehensive protection against discrimination in all its forms, including that based on sexual orientation and gender identity. The endeavour of safeguarding LGBT+ rights is not exclusively a European practice. In South Africa, for instance, a law enacted in 1998 forbids discrimination rooted in sexual orientation, and the constitution vouchsafes equal rights for all citizens, inclusive of those who identify as LGBT+. Meanwhile, India’s Supreme Court in 2018 recognised same-sex relationships among adults, revoking a law that had previously criminalised homosexuality. These instances serve as a testament to the fact that even societies steeped in conservatism can – and indeed should – pledge themselves to the protection of the rights of every individual, irrespective of their gender or sexual identity.
Media professionals should imbibe an increased sense of responsibility in their reportage, upholding the highest standards of journalistic integrity, while eschewing the propagation of prejudiced stereotypes.
Simultaneously, human rights organizations ought to persist in their mission of protecting vulnerable demographics, seeking collaboration with media institutions where feasible.
For the general public, it is essential to critically evaluate the information they encounter across different platforms and avoid falling prey to manipulation. In this respect, efforts to fortify both the media and the non-governmental sector as a whole should be ramped up.
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