Kyrgyzstan has faced strong pressure on freedom of speech and civic space. Parliament members and presidential administration have re-launched their initiatives on tightening control over the media and non-profit non-governmental organisations.
Parliamentarians of Kyrgyzstan offer to introduce the analogue of the Russian definition of “foreign agent” and impose strict control over non-profit organisations. On May 19, a group of 33 members of parliament led by Nadira Narmatova submitted the draft law on amendments to the law “On non-profit organisations” to public discussion.
Nadira Narmatova has already spoken out against independent media, NGOs and against youth leaving abroad. Among other authors are Shailoobek Atazov, a well-known parliamentarian, Shairbek Tashiev, brother of Kamchybek Tashiev, head of GKNB, as well as Iskender Matraimov, brother of corrupt official Raimbek Matraimov.
Parliamentarians offer to introduce such concept as “foreign non-profit organisation” for non-profit organisations that are subsidiaries to foreign organisations, and “non-profit organisation acting as foreign representative” for local non-profit organisations receiving money from international and foreign organisations and other states. This is similar to the Russian law on foreign agents.
The status of foreign representative will be assigned based on two criteria:
- The entity receives funding from foreign sources and international organisations.
- The entity takes part in political activity of Kyrgyzstan.
“Non-profit organisation shall be deemed participant in political activity if it takes part, regardless of its purposes and goals specified in its constituent documents, in organisation and carrying out of political campaigns, including via funding, in order to influence decision-making by state bodies meant to change government policy pursued by them, and also to shape public opinion for the said purposes,” according to the explanatory note to the draft law.
Definition of concept “participation in political activity” has caused concern in lawyers of legal clinic “Adilet”, who have analysed the whole draft law.
“The proposed wordings are rather vague and non-specific, and have high risk of their arbitrary use in practice, which is inadmissible derogation of rights to freedom of association,” lawyers said.
It means that authorities may deem any activity of the entity as political activity and put it on the list of foreign representatives. By the way, the Russian law, copied by Kyrgyz parliamentarians, said that any text published on the internet could be recognised as political activity.
In early June, association “Smart Zharan” launched a civil action in social media against the draft law with hash tags #BugunMenAgent#ErtenSenAgent (translation from Kyrgyz – today I am agent, tomorrow you are agent), #NashaSvobodavOpasnosti (our freedom is in danger), #NGOsMatter. They post their photos with the poster, which says, “For “THEM” I am a foreign agent because I am against corruption/for freedom of speech/freedom of thought, etc.”
Powers of authorities to be expanded contrary to the Constitution
Initiators of amendments want to make non-profit organisations register with the special registry of non-profit organisations acting as foreign representative. If the organisation fails to get registered, the authority will have the right to suspend operations of the non-profit organisation for up to six months and ban it from using its bank deposits.
Parliamentarians also want to allow state bodies to perform unscheduled audits of non-profit organisations based on information on violation received from state and municipal bodies, on prosecutor’s request, or on order of the head of the authority responsible for state registration.
The authority will have the right to request information on operations of the non-profit entity from tax, prosecution, state statistics bodies and banks, to prohibit sending money to anyone, as well as to send its representatives to take part in events held by non-profit organisations.
Non-profit organisations will be obliged to file reports on personal composition of the management, documents on target spending and use of property, as well as auditor’s opinion.
Kirill Koroteev, international human rights defender, who represented Russian non-profit organisations recognised as foreign agents in Russian and European human rights courts, compared Kyrgyz and Russian laws on non-profit organisations at the request of the human rights organisation “Bir Duino Kyrgyzstan.” He arrived at a conclusion that the draft law is the word for word reproduction, in most of its definitions, of Russian laws on “non-profit organisations functioning as foreign agent,” adopted in 2012, in particular, in terms of foreign funding, “political activity”, reporting of such organisations, audit requirements and powers of state bodies regarding their audit.
“It is worth emphasising that frequent reporting and audit requirement (audit requirement will mean growth of its cost) will be excessively burdensome for small entities with low budget, whose significant portion will be spent on compliance with law, instead of their operations,” he said.
Criminal prosecution for establishing a non-profit organisation
Moreover, authors of the draft law want to criminalise establishment or management of a non-profit organisation, as well as propaganda of associations, “whose activity involves violence against citizens or causing other bodily harm, or incites citizens to refuse to fulfil their civic duties or to commit other unlawful actions.” Penalty is either fine 50 to 100 thousand som (571-1,142 dollars) or imprisonment from 5 to 10 years.
Legal clinic “Adilet” criticised the provision and said it should be removed for several reasons: wordings are rather vague and non-specific, and punishment is disproportionate to crime.
For example, the Criminal Code of Kyrgyzstan provides for imprisonment from 8 to 12 years for homicide, 5 to 7 years for causing grievous bodily harm, 5 to 8 years for torture, 10 to 12 years for terrorist act, 8 to 11 years for rape committed with extreme cruelty. Based on the above examples, it is obvious that proposed penalties are quite disproportionate to the actions, which are offered to be deemed as crime. The said criminal acts have a higher degree of public danger than establishment of a non-profit organisation that encroach on a person and civil rights, yet contain similar sanctions.
Law drafters justify such strict control by improved transparency of activities of non-profit organisations. According to them, it is necessary to “protect the fundamentals of constitutional system, ensure defence and security of the state, morals, health, rights and freedoms of other people.”
However, Tolekan Ismailova, director of human rights organisation “Bir Duino Kyrgyzstan”, called the draft law a crime as it contradicts the constitution.
“The initiative of 33 MPs must be withdrawn. These MPs are criminals because they destroy the constitution of the Kyrgyz Republic. They must not interfere with the work of community-based organisations and mass media. This sector provides them with information. If we breach [the law], we will be held liable under the administrative, criminal codes. Any person may be held liable. We have GKNB. Why do they make up such profane things, why do they bring the Russian aggressive law to Kyrgyzstan?” she said to CABAR.asia.
According to political analyst Emil Dzhuraev, the draft law is not necessary for Kyrgyzstan.
Non-profit non-governmental organisations are represented almost in all spheres of public life. […] And now this law threatens activities of almost all such organisations. Its interpretation may be quite broad, and the language of the draft law contains possibilities for persecuting activities of any entity that might become troublesome to any person or agency.
What will toughened laws lead to?
The law on non-profit organisations promoted by Narmatova is not the only discussed initiative. The presidential administration brought up amendments to the law designed to strengthen control over establishment of non-profit organisations for discussion. According to the document, it would be more difficult to open and register the non-profit organisation, and easy to terminate it.
The draft law on media initiated by the presidential administration is also on the stage of public discussion. According to lawyers, the law is absolutely non-legal and discriminatory, and would lead to lawful censorship and direct independence of the media on authorities.
Moreover, the Zhogorku Kenesh initiated amendments to the law on media and to the code of offences, which provide for a fine up to 25 thousand som (285 dollars) for authors of publications “harmful for children.”
According to political analyst Medet Tyulegenov, such pinpoint attempts to restrict free speech and systematic actions to adopt such draft laws are a red flag.
“So many initiatives at a time is a rare phenomenon in our newest history. This is a red flag because it’s not only about initiation and adoption of various laws and draft laws, but also about particular actions taken against the media: against NEXT TV, against “Azattyk”, against civic activists in Kempir-Abad case, etc.,” the political analyst said.
He added that this trend cannot but raise concern:
This is rather a critical situation, which will lead either to stable authoritarianism after a while, or to failure and major instability.
His colleague Emil Dzhuraev emphasised that it’s not the first year in Kyrgyzstan when there is the tendency towards restriction of civil liberties, oppression of critical voices, especially in the media.
“One of consequences will be dramatic restriction of freedom of speech, freedom of expression in Kyrgyzstan. If it is the goal, it will apparently be achieved via such draft laws,” the political analyst said.