Kyrgyzstan’s Proposed Law Endangers Civil Society

Kyrgyzstan‘s draft law on “Foreign Representatives,” which requires non-governmental organizations that receive foreign funding and engage in political activity to register with the Justice Ministry as “foreign representatives,” has been highly criticized by civil society advocates and legal experts for enforcing repressive laws that curtail freedom of expression and association. The vague definition of political activity could have harmful consequences for civic activism in Kyrgyzstan, where freedom of expression and association have progressively been under attack. Those who fail to register under the law could be suspended from operating, including their banking operations, for up to six months, or until registration with the ministry is completed. The bill’s potential negative impact is bound to stigmatize and discredit groups that receive foreign funding and could, as a result, influence the country’s civil society adversely. The government-aligned member of parliament who submitted the bill previously withdrew it in November 2022, but it was later resubmitted in May 2023 with 32 co-signers despite concerns raised during the public consideration period.

Implications of the Draft Law

The draft law poses a threat to Kyrgyzstan‘s vibrant civil society, severely restricting freedom of association and expression and, in some cases, potentially leading to criminal liability for non-governmental organizations and their staff members. The enhanced oversight powers granted to the government significantly limit the activities of non-governmental organizations, which primarily function to promote human rights, democracy, and social justice in Kyrgyzstan. The new law could silence the voices of these organizations and lead to mistrust, fear, and hostility, aggravating the already somber state of freedom of association and expression in the country.

Repercussions of the Law

Kyrgyzstan‘s international partners, including the European Union, the United States, and the United Nations, among others, should express their concerns publicly, given the potential negative implications of the legislation and urge President Japarov not to sign it into law if it passes the parliament. The draft law is inconsistent with Kyrgyzstan‘s commitments to uphold its international human rights obligations at home and abroad, made in February 2023 when it became a member of the United Nations Human Rights Council.

Philosophical Implications and Recommendations

The right to freedom of association is for Kyrgyzstan‘s civil society groups to advocate for human rights, provide social services, and contribute to the development of a robust and inclusive society. Adopting such repressive measures is not new; it has increasingly become the norm for countries to introduce “foreign agents” bills, similar to Russia’s legislation of 2012. It is crucial to emphasize that the right to seek, receive, and utilize resources from national, international, and foreign sources is an inherent part of the right to freedom of expression and association. Limitations of these rights must be provided by clear and accessible laws and be balanced, necessary, and proportionate to legitimate aims.

Therefore, the Kyrgyz parliament should withdraw this draft law and guarantee freedom of association and expression, allowing the non-governmental organizations to operate consistent with their founding purposes. This move ensures that the government’s new regulations comply with its international human rights obligations and promote rather than restrict civil society activities. It is essential to recognize the need for civil society organizations’ operations, and governments must recognize their critical role in promoting human rights, democracy, and social justice.

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