The parliament of Kyrgyzstan adopted amendments to the law “On non-profit organisations” and the Criminal Code without discussions at first reading. The amendments were initiated by a group of MPs led by Nadira Narmatova. They provide for the introduction of the concept of ‘foreign representative’ (similar to the Russian law on foreign agents).
Most probably, second and third readings would be held without heated discussions and the document will soon appear on the President’s table.
“It was obvious that the draft law would be passed because it was pushed forward at an accelerated pace. As I understand it, once the Speaker gets interested in the draft law, it would get to the President and be signed by him,” Dastan Bekeshev, deputy of Zhogorku Kenesh, wrote in his Telegram channel.
According to him, public discussion was ‘a mere name’, just ‘a game of alleged democracy’. The MP said it was geopolitics and probably pressure from particular countries.
“We should understand that the draft law is being pushed forward not in the parliament, but beyond it. It is done by hands of deputies. I believe that silent approval has already been received from majority and the draft law would reach its goal,” he said.
The editorial staff of CABAR.asia takes a closer look at the draft law and its possible consequences.
According to the background statement, the Minister of Justice of the Kyrgyz Republic has registered 18.5 thousand various non-profit organisations in Bishkek only. According to law drafters, not all of them pursue their activity under chartered aims and objectives.
“Most of them interfere in the political life of the state, contrary to their constituent documents, take part in organisation and holding of political campaigns in the republic, including by funding, seeking to shape public opinion to make public authorities reach decisions that contradict the coherence and purposefulness of state policy for sustainable development of the country,” initiators of amendments said.
The current law on non-profit organisations is complemented by the concept of ‘foreign non-profit organisation’ to target non-profit organisations established beyond the Kyrgyz Republic and pursuing their activity via subdivisions – branches and representation offices.
Local non-profit organisations that receive money and other assets from other states, international and foreign organisations, shall be deemed ‘non-profit organisation performing the functions of a foreign representative.” They will have scheduled (no more than once a year) and unscheduled inspections.
The draft law binds organisations to regularly submit detailed performance reports, including audit of funds received from foreign sources, and their use, information about the management, number of employees and their pay checks. Moreover, they will have to publish performance reports in the media every six months.
A non-profit organisation is deemed participating in political activity if it takes part (also by funding) in organisation and holding of political campaigns regardless of the goals and objectives specified in its constituent documents.
Yes, it will. Non-profit organisations should file an application to be listed on the register of non-profit organisations that perform functions of a foreign representative.
Activity may be suspended for no more than six months. In this case, a non-profit organisation is prohibited to use bank deposits, except for the purpose of payments concerning economic activity and labour contracts, payment of damages caused by its actions, payment of taxes, dues and penalties. Activity may be resumed once the organisation is listed on the register.
Initiators of amendments add article 200-1 to the Criminal Code. Penalty in the amount of 50 to 100 thousand som (560-1,120 dollars) or imprisonment for up to five years will be imposed for creation and running of the non-profit organisation that trespasses to a person and rights of citizens, as well as for activity related to violence against citizens or other bodily injury or encouraging to commit illegal acts. Penalty in the amount of 100 to 200 thousand som (1,120-2,240 dollars) or imprisonment for up to 10 years will be imposed for active participation in activity of such organisations and their propaganda.
This offence, according to Ravina Shamdasani, spokesperson for the UN High Commissioner for Human Rights, is ill-defined and open to subjective interpretation. It may result in the selective prosecution.
She noted that the proposed law grants Ministry of Justice of Kyrgyzstan broad powers to conduct unannounced inspections of premises and to seize documentation.
First, the law on ‘foreign agents’ affects non-profit organisations. It will also negatively affect business and investment climate in the country, the media, and, finally, citizens, especially of vulnerable groups, who get various kinds of assistance from local non-profit organisations.
According to Antje Grawe, UN Resident Coordinator in Kyrgyzstan, if the draft law ‘on foreign representatives’ is passed, it could undermine the aspirations and hopes of the society for a better life. “No doubt it will have a negative impact on vulnerable groups,” she said.
According to her, many norms of the document contradict international obligations of Kyrgyzstan, including the ones on free speech and freedom of expression, non-discrimination, right to privacy.
The amendments could result in serious restrictions. According to Amnesty International, draft law on ‘foreign agents’ poses grave threat to thriving civil society in Kyrgyzstan. According to them, amendments are unnecessarily restrictive.
“We strongly urge parliament to weigh up the socio-economic benefits to Kyrgyzstan of a thriving civil society and reconsider the impact these amendments will have on NGOs’ ability to offer vital support to all people in accessing their rights,” said Maisy Weicherding, Amnesty International’s Central Asia Researcher.
She noted that the thriving civil society able to operate freely and without fear is an invaluable and irreplaceable asset to any country.
Human rights defenders are also deeply concerned with the fact that proposed amendments impose the compulsory labels ‘foreign representative’ and ‘foreign NGO’ for organisations that receive foreign funding, along with burdensome reporting requirements.
These terms, according to Amnesty International, have been exploited to severely constrain NGOs and impose increased levels of state control over their work. They have also been used to stigmatise their activities, putting them at risk of attacks and preventing them from giving essential support to some of the most vulnerable groups in society.
According to the Committee to Protect Journalists (CPJ), adoption of the law could result in closure of many non-profit organisations.
“Amid Kyrgyz authorities’ ongoing campaign to silence leading independent media, plans to copy Russia’s foreign agent legislation threaten to seriously hamper the work of press freedom groups and further restrict the country’s beleaguered free press,” said Gulnoza Said, CPJ’s Europe and Central Asia programme coordinator.
According to her, Kyrgyzstan’s parliament must show that it still respects its international obligations to safeguard human rights and freedom of expression by rejecting any attempts to stigmatise non-profit organisations as foreign agents and criminalise their work.
During public hearings in parliament, Askar Sydykov, executive director of International Business Council, said that every passed law affects Kyrgyzstan’s positions in international rankings, including corruption perceptions index; human development, innovation index; press freedom index; democracy, economic freedom index.
According to him, there are risks of revision of the GSP+ (generalised system of preferences) status for Kyrgyzstan in case of aggravated human rights situation. The GSP+ scheme allows Kyrgyzstan-based entrepreneurs to export 6,200 commodity items to Europe at zero tariff rates. This status has been granted only to nine countries of the world.
In July 2023, the European Parliament passed the resolution to revise the GSP+ status granted to Kyrgyzstan in 2016 as a country that signed international conventions on human rights and workers’ rights.
“Freedom of speech and independent media outlets, some of which are registered as non-profit organisations, play a special role not only for the business community, but also for the society in general. Therefore, they could be bound by extra obligations specified in the draft law,” Askar Sydykov said.