The authorities of Kyrgyzstan want to introduce another mechanism of control over non-commercial organisations. According to the draft resolution, organisers must get permission from the ministry of culture to demonstrate audio-visual materials during festivals, conferences, trainings and other events. Human rights defenders consider it a direct violation of the Constitution and ask to withdraw the document.
The controversial draft resolution of the ministry of culture has already undergone a public consultation and is now pending consideration. It says that organisations of cinematography and distributors, as well as organisers of film screenings at festivals, workshops and other events must first get state license for distribution and screening from the state enterprise “Film centre ‘Kyrgyztasmasy’”. To this end, an editorial board composed of producers, directors and specialists in cinematography shall be established in the film centre.
In the current resolution, film distribution is the licensed activity. According to legal expert Timur Arykov, changes imply adding the phrase “film screening at various events”.
“Holidays and weddings fall under the event category. At our weddings, newlyweds show a mini-film – a love story – to their guests. Legally, such videos must be licensed. This is absurd,” he said.
The inaccuracy in the document leaves much room for interpretations and potential misuse. The ministry of culture might not be going to control audio-visual materials of celebrations, but one thing is for sure – events held by the non-governmental sector will be targeted, Pariza Borbieva, head of the distribution department of “Kyrgyztasmasy”, said.
“Amendments are made based on new realities and challenges as NGOs started to hold various events and demonstrate films of various genres. The issue has become relevant and festival films should also be checked. We have arrived at the decision that we should put both workshops and festivals on the list,” Borbieva said.
Moreover, she said that amendments would protect interests of copyright holders, above all. And there would be no bureaucracy in the age of developed technologies as all matters can be solved via online communications. According to Borbieva, there would be no orders from above. If anyone doubts the legality of actions by “Kyrgyztasmasy”, they can go to court.
In recent years, Kyrgyzstan has more initiatives focused on restriction of activities of non-governmental organisations and mass media. In 2021, amendments to the law “On non-profit organisations” took effect in the country. They bind non-profit organisations to submit additional annual financial reports.
In autumn 2022, the president’s administration developed a new draft law “On non-profit non-governmental organisations”. It reads that the General Prosecutor’s Office shall have control over non-profit organisations and check their activity for compliance with objectives set forth in the foundation documents and the national legislation.
The new draft law on mass media developed by the same presidential administration is also being discussed now. According to lawyers, the document has many dubious and contradictory norms.
Scandals over distribution
Cinematography representatives think that the state enterprise “Kyrgyztasmasy” is the “puppet board of the power”. Director Mederbek Zhalilov, whose film “Meken”* was prohibited, doubts the competence and objectivity of the agency.
* In 2020, film “Meken” telling about the confrontation between local residents and mine developers should have been screened across the country. But the Department of Cinematography of the ministry of culture prohibited its distribution referring to the fact that the film contained propaganda of violent seizure of power, incitement of social, racial, interethnic, international or religious hatred.
“Our film was the first national film prohibited for distribution in the history of the board. A woman sitting there receives a copy of the film, even a draft version, without sound. She does not care about the content; she just runs through it and issues a permit. But in our case, they fulfilled the order from above because we showed corruption. Their claims were absurd – “the woman wears black clothes, she’s at the cemetery, which contradicts our traditions,” the director said.
In 2022, “Kyrgyztasmasy” prohibited the screening of eight foreign films because they contained elements forbidden by law. The reason is mainly pornographic scenes, scenes of violence, propaganda of war. “Kyrgyztasmasy” could not provide the exact list of forbidden films of 2022, but three of them are Russian films about Donbass – “Donbass.Okraina” (Donbass. Suburb), “Opolchenochka” (militia woman), “Solntsepek” (strong sunshine). The state enterprise first issued the distribution licenses, but after a wave of criticism, it withdrew them.
Festival films were also involved in the scandal. In 2022, the 16th documentary film festival dedicated to human rights “Bir Duino – Kyrgyzstan” was in jeopardy. First, two films – “This rain will never end” directed by Alina Gorlova about the war in Syria and “Mara” directed by Sasha Kulak about the elections in Belarus – were prohibited for screening. Later on, all films were prohibited for screening, but after the attempts of organisers, the prohibited was lifted. And all those obstacles took place with the current resolution, which does not provide for control over the screening of films.
“Until today, some organisations, at their own initiative, practised getting the distribution license for the films to be shown at festivals. In reality, “Kyrgyztasmasy” could not control each film distributed in Kyrgyzstan at full scale,” said legal expert Timur Arykov.
It can change now.
The same censorship
According to human rights movement “Bir Duino – Kyrgyzstan”, “Media Policy Institute” and public foundation “Legal Clinic ‘Adilet’”, the draft resolution of the cabinet of ministers violates norms and principles set forth in the Constitution of the Kyrgyz Republic and international legal documents. They ask to withdraw the document.
“The draft resolution in question provides for introduction of significant restrictions of the freedom of opinion, freedom of expression and artistic freedom, which are guaranteed to every person by article 19 of the Universal Declaration of Human Rights of the Covenant on Civil and Political Rights because the freedom of expression and artistic freedom are the integral part of the freedom of speech and opinion,” according to the analysis of the legal clinic “Adilet”.
According to the public foundation, the Constitution prohibits adoption of bylaws and regulations that restrict the rights and freedoms of a person and a national. Introduction of the mandatory licensing system for demonstration of any audio-visual products in Kyrgyzstan is clearly inconsistent with the basic principles of proportionality and substantiation of restriction of human rights and goes beyond the permissible restriction.
“In our opinion, the requirement to get a mandatory license for demonstration of any audio-visual product, including for organisers of film screening at festivals, workshops and other events, is a direct government censorship, which is the gross violation of article 10 of the Constitution of the Kyrgyz Republic,” said lawyers of legal clinic “Adilet”.
They draw attention to the existing gaps both in the current resolution, and in the proposed one. They do not contain definition of such concepts as “audio-visual works” and “events”. They do not set forth timeframes, when the authority should either issue a state license or decide to prohibit screening and distribution.
At the end of March, human rights organisations suggested their proposals to the draft law at the stage of discussion and asked the Ministry of Culture, Information and Tourism, government and parliament to withdraw the amendments. They noted that if the resolution becomes effective, they all are ready to challenge all facts of violation in courts at all levels.
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