29/4 Report of the Working Group on the Universal Periodic Review - Kyrgyzstan

GE.15-07440 (E)



Human Rights Council Twenty-ninth session

Agenda item 6

Universal Periodic Review

Report of the Working Group on the Universal Periodic Review*

Kyrgyzstan

* The annex to the present report is circulated as received.

Contents

Paragraphs Page

Introduction ............................................................................................................. 1–4 3

I. Summary of the proceedings of the review process ................................................ 5–116 3

A. Presentation by the State under review ........................................................... 5–30 3

B. Interactive dialogue and responses by the State under review ........................ 31–116 6

II. Conclusions and/or recommendations .................................................................... 117–120 14

Annex

Composition of the delegation ......................................................................................................... 26

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1 of 18 June 2007, held its twenty-first session

from 19 to 30 January 2015. The review of Kyrgyzstan was held at the 1st meeting on 19

January 2015. The delegation of Kyrgyzstan was headed by the Vice Prime Minister of

Kyrgyzstan, Abdyrakman Mamataliev. At its 10th meeting, held on 23 January 2015, the

Working Group adopted the report on Kyrgyzstan.

2. On 13 January 2015, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Kyrgyzstan: Montenegro, Morocco and the

United Arab Emirates.

3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of

the annex to resolution 16/21, the following documents were issued for the review of

Kyrgyzstan:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/21/KGZ/1);

(b) A compilation prepared by OHCHR in accordance with paragraph 15 (b)

(A/HRC/WG.6/21/KGZ/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/21/KGZ/3).

4. A list of questions prepared in advance by Belgium, the Czech Republic, Germany,

Norway, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great Britain and

Northern Ireland and the United States of America was transmitted to Kyrgyzstan through

the troika. These questions are available on the extranet of the universal periodic review

(UPR).

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation reaffirmed the commitment of Kyrgyzstan to the promotion and

protection of human rights. Democratization and the protection of human rights remained a

national priority. Since its first review in 2010, Kyrgyzstan had reaffirmed its adherence to

democratic change. During the reporting period, the country had faced serious challenges,

testing the strength of national unity. Despite those challenges, Kyrgyzstan had managed to

maintain stability.

6. Kyrgyzstan had taken the path of building parliamentary democracy. To that end, a

new Constitution had been adopted and a coalition Government formed. A tradition of

peaceful transfer of power had been established thanks to the democratic elections of

October, 2011. The Government recognized that holding fair and transparent parliamentary

elections in 2015 would be an important factor in ensuring the stability of the country.

7. The delegation highlighted the Government’s commitment to strengthening the rule

of law and democratic institutions. Fully aware of the existing human rights issues, the

Government had strengthened its efforts to improve the respect of human rights and of the

rule of law in past years. Substantive work had been done to bring legislation into

conformity with the Constitution and international human rights standards.

8. The Constitution was adopted by referendum in 2010 in an open and transparent

process of constitutional reform. The Constitution affirmed the principle of the rule of law,

guaranteed the principles of separation of powers and the independence of courts, and

established safeguards for the protection of human rights.

9. The norms enshrined in the Constitution asserted the utmost importance of human

rights and freedoms. International human rights instruments were directly applicable and

took precedence over other international agreements.

10. The delegation explained that the independence of the judiciary was guaranteed by

the Constitution and judges were independent and subordinate only to the Constitution and

the law. Citizens were entitled to judicial protection and to legal aid in cases prescribed by

law. Kyrgyzstan had intensified efforts to create the institution of a grand jury so the

citizens could take part in the administration of justice.

11. The judicial system continued to face various challenges. The Judicial Reform

Council, an advisory and consultative body, had been set up to coordinate the priority

measures of the judicial reform. The Council of Judges had developed the comprehensive

National Programme for the Development of the Judicial System 2013–2017, which

provided a thorough analysis and specific recommendations related to key issues of the

judiciary and of access to justice.

12. In 2010, the country had experienced ethnic conflict in the south of the country that

resulted in casualties. The Government managed to stabilize the situation and stopped the

conflict. The Government had implemented a policy framework for harmonization of inter-

ethnic relations and for long-term integration. The National Sustainable Development

Strategy 2013–2017 and the Policy Framework on Strengthening National Unity and Inter-

Ethnic Relations had been developed and adopted through open and wide discussion of the

situation after the 2010 conflict.

13. The process of improving the electoral legislation before the 2015 parliamentary

elections had aimed to improve the representation of women and ethnic minorities in

elected bodies by applying a quota to candidate lists.

14. The delegation highlighted the establishment of the Human Rights Coordinating

Council, attached to the Government as an interministerial consultative and advisory body.

The Coordinating Council was authorized, inter alia, to conduct regular monitoring of the

human rights situation, take measures to implement recommendations of international

human rights bodies, engage with civil society and other stakeholders and to discuss and

develop recommendations in order to ensure the protection of human rights in the country.

15. Following the ratification of the Optional Protocol to the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in 2008, the

National Centre for the Prevention of Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment had been established. That national preventive mechanism

consisted of representatives of civil society, the Ombudsman and the Parliament. The

Centre had been facing some challenges, including a lack of sufficient funding for its

effective functioning. Despite the challenges, two offices of the Centre had already been

opened.

16. An interministerial working group had been established for the preparation of the

national report for the second cycle of UPR. Legal and comparative analysis of law and

practice as well as an analysis of root causes of human rights violations had been conducted

in the process of the preparation of the national report. The national report documented

achievements and remaining challenges.

17. The Government had followed the recommendations that were put forward during

the 2010 review calling for an open and transparent process of constitutional reform and

strong human rights provisions in the Constitution. In the framework of the follow-up to

UPR, the Children’s Code had been adopted to strengthen the national child protection

system. Additionally, the Peaceful Assembly Act had been adopted in line with the

provisions of the International Covenant on Civil and Political Rights (ICCPR). The

national report provided information about measures undertaken to combat gender-based

violence, bride-kidnapping and trafficking in human beings, and about the impact of anti-

corruption initiatives.

18. The delegation pointed out that the report had been prepared during a process of

wide-ranging national consultations that had included representatives of State bodies and

non-governmental organizations (NGOs). The Government planned to discuss new

methods and approaches for the implementation of the recommendations of the review.

19. Since the establishment of the Human Rights Coordinating Council in 2013, the

issue of a standing invitation to the special procedure mandate holders was being discussed

within the relevant government bodies.

20. The delegation reiterated the firm commitment of Kyrgyzstan to improving the

human rights protection system and ensuring the compliance of national law with the

international human rights system. UPR was not a one-off event but a continuous process

and required determined efforts by the Government.

21. Kyrgyzstan had presented its candidacy for membership of the Human Rights

Council for the period 2016–2018. The Regional Office for Central Asia of the Office of

the United Nations High Commissioner for Human Rights (OHCHR) had been established

in Bishkek. The United Nations High Commissioner for Human Rights and the Assistant

Secretary-General for Human Rights had visited Kyrgyzstan during the reporting period.

Kyrgyzstan cooperated actively with the United Nations treaty bodies and submitted its

reports to the Committee on the Rights of the Child, the Human Rights Committee, the

Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of

Racial Discrimination, the Committee against Torture and the Committee on the

Elimination of Discrimination against Women.

22. The delegation provided its responses to advance questions. In respect of the

ratification of the Rome Statute of the International Criminal Court (ICC), Kyrgyzstan had

been following the work of ICC and some additional time was required for it to become

confident in the effectiveness of the Court before making a final decision on the ratification

of the Rome Statute. At the same time, the national legislation envisaged criminal

responsibility for crimes against humanity.

23. Regarding the questions on a standing invitation to the special procedure mandate

holders of the Human Rights Council, the delegation highlighted the continuing

cooperation of Kyrgyzstan with mandate holders. It recalled that, in the past 14 years, eight

special mandate holders had visited Kyrgyzstan, and two special rapporteurs had paid a

visit during the reporting period. Kyrgyzstan had agreed in principle to the visits of the

Working Group on Enforced or Involuntary Disappearances and the Special Rapporteur on

the rights to freedom of peaceful assembly and of association. The Government was

looking forward to those visits and the date of the visits depended on the proposals of the

special procedure mandate holders.

24. Kyrgyzstan was a party to eight out of the nine core human rights treaties. The

authorities has taken measures to study thoroughly the possibility and implications of

ratifying the International Convention for the Protection of All Persons from Enforced

Disappearance (ICPPED), the only core international human rights instrument that

Kyrgyzstan had not yet signed. In that respect, the upcoming visit of the Working Group on

Enforced Disappearance or Involuntary Disappearances would be important.

25. In 2014, the Government had updated the National Action Plan on the Prevention

and Reduction of Statelessness, which included specific actions for the ratification of the

Convention on the Reduction of Statelessness and for harmonization of the legislation with

the relevant international standards. The Government had been jointly implementing a

project with the Office of the United Nations High Commissioner for Refugees to register

stateless persons and persons without identity documents. More than two dozen mobile

units had been operating in rural areas, providing legal advice on how to apply for

citizenship or for obtaining relevant documents free of charge.

26. Kyrgyzstan recognized the competency of the Human Rights Committee and

CEDAW to consider and examine individual complaints. Pursuant to the Code of Criminal

Procedure, a decision of an international body constituted grounds for reopening criminal

proceedings in the light of new circumstances surrounding a case. Kyrgyzstan had been

working to develop a methodology for implementing the decisions of the United Nations

human rights bodies on individual complaints.

27. The parliament had an important role in the realization of human rights, through

monitoring human rights issues and cooperating closely with the Human Rights

Coordinating Council, the national preventive mechanism, the Ombudsman, civil society

and the international organizations.

28. The parliament had established a working group within the Parliamentary

Committee for Human Rights, Constitutional Law and State Structure in order to study and

discuss different versions of draft amendments to the Law on the Ombudsman submitted by

the Office of the Ombudsman and several members of the parliament.

29. Recognizing the importance of the freedom of religion and belief, the Government

had set up a working group to revise State policy on the freedom of religion. In 2014, the

Constitutional Chamber of the Supreme Court had removed from the legislation, declaring

it unconstitutional, a provision which made the registration of religious organizations

subject to the approval of local authorities. That would considerably simplify the process of

registration of religious organizations. The parliament had been paying special attention to

and had taken measures for the enjoyment of freedom of religion by individuals.

30. Regarding the bill on the prohibition on the formation of positive attitudes towards

lesbian, gay, bisexual and transgender (LGBT) persons, the delegation stated that the bill

had been widely discussed within the society and by the parliament. Different views,

including negative and critical comments, had been expressed by members of the

parliament and by civil society representatives. A working group had been established

under the relevant parliamentary committee to study international experience and expertise

on that issue and to suggest relevant amendments to the draft law. The parliament was

committed to law-making through the process of wide and thorough discussions with

relevant stakeholders.

B. Interactive dialogue and responses by the State under review

31. During the interactive dialogue, 73 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

32. Sri Lanka commended Kyrgyzstan for establishing the Human Rights Coordinating

Council and for facilitating the visits of the Special Rapporteurs on torture and other cruel,

inhuman or degrading treatment or punishment and on the sale of children, child

prostitution and child pornography. It noted the National Development Programme for the

Development of the Judicial System and the National Sustainable Development Strategy. It

made recommendations.

33. Sweden noted that inter-ethnic reconciliation and greater representation of ethnic

minorities were priorities. It noted with concern violence against and slander of LGBT

persons, and the draft legislation on “dissemination of information about non-traditional

sexual relations”. Sweden encouraged training on LGBT issues. It made recommendations.

34. Switzerland expressed concerns about draft legislation regarding foreign sources of

financing of NGOs and that human rights NGOs became victims of defamation. It

commended the establishment of the national mechanism against torture following the

ratification of OPCAT. Switzerland made recommendations.

35. Tajikistan noted the positive changes in the promotion and protection of human

rights, and the readiness of Kyrgyzstan to cooperate with the international human rights

mechanisms. Tajikistan made recommendations.

36. Thailand commended the adoption of the Constitution and welcomed efforts to ratify

international human rights instruments. It noted the legislative reform to ensure gender

equality. However, early marriage, bride-kidnapping and violence against women persisted.

Thailand made recommendations.

37. Timor-Leste noted with appreciation the establishment of the Human Rights

Coordinating Council to enforce the implementation of international human rights

obligations, and of the National Council on Gender Issues. It remained concerned by the

widespread violence against women.Timor-Leste made recommendations.

38. Turkey noted the efforts of Kyrgyzstan to improve the human rights situation, as

well as its cooperation with international human rights mechanisms. It commended

Kyrgyzstan on its determination to combat corruption and highlighted a new move to

finalize legislative initiatives in that respect. Turkey made recommendations.

39. Turkmenistan welcomed efforts to strengthen legislative, institutional and policy

mechanisms to protect human rights, and the adoption of the Children’s Code in 2012. It

appreciated the amendments to the Civil and Criminal Codes. Turkmenistan made

recommendations.

40. The United Kingdom commended Kyrgyzstan for its adoption of a new

Constitution. It encouraged Kyrgyzstan to ensure full respect for the Constitution and its

international human rights commitments and complete the judicial reform in order to

provide access to justice for all, including for those affected by the 2010 violence. It made

recommendations.

41. The United States of America noted several legislative initiatives that threatened to

jeopardize the democratic achievements of Kyrgyzstan. It remained concerned by the

limited progress towards reconciliation of ethnic groups following the 2010 ethnic violence,

and the disproportionate prosecution and conviction of ethnic Uzbeks for that violence. It

made recommendations.

42. Uruguay welcomed the adoption of the 2010 Constitution, guaranteeing the

separation of powers and the rule of law. It noted that several international mechanisms had

requested the Government to strengthen the fight against torture and against discrimination.

Uruguay made recommendations.

43. The Bolivarian Republic of Venezuela welcomed the establishment of the Human

Rights Coordinating Council and highlighted the efforts of Kyrgyzstan to ensure gender

equality and to improve the situation of the most vulnerable groups. It made

recommendations.

44. Viet Nam noted steps taken by Kyrgyzstan to resolve recent conflicts among

communities and hoped that those efforts could be strengthened. It noted efforts to protect

the rights of persons belonging to vulnerable groups, especially women and children.

Viet Nam made recommendations.

45. Afghanistan commended Kyrgyzstan on the adoption of a new Constitution

incorporating human rights provisions and of strategies related to the protection of human

rights. It noted draft legislation intended to bring the Ombudsman into full conformity with

the Paris Principles. Afghanistan made a recommendation.

46. Albania welcomed the establishment of the Human Rights Coordinating Council in

2013 to enforce the implementation of international human rights obligations, as well as the

enhanced cooperation with OHCHR. Albania made recommendations.

47. Algeria noted the improvements in the legal framework for the rights of the child,

peaceful assembly, the fight against torture and human trafficking. It noted with satisfaction

steps taken for human rights education for State agents. Algeria made recommendations.

48. Angola commended the special attention given to gender equality and to protection

of children’s rights. It recognized the efforts for the creation of the National Programme for

the Development of the Judicial System 2014–2017. Angola made a recommendation.

49. Argentina appreciated the ratification of the Second Optional Protocol to ICCPR. It

noted challenges that remained regarding the situation of minority groups. It expressed

concern about refoulement of refugees and asylum seekers to their countries of origin.

Argentina made recommendations.

50. Armenia noted efforts to promote the rights of women and children, including to

combat early marriage, eradicate poverty, combat human trafficking and protect the rights

of minorities. Armenia made recommendations.

51. Australia noted with concern the reports of abuses in relation to ethnic tensions. It

called for effective implementation of the laws prohibiting discrimination and providing for

freedom of expression and religion. Further work was needed to implement laws protecting

women. Australia made recommendations.

52. Austria expressed concern about torture and ill-treatment in police detention;

violence, harassment and discrimination on the basis of sexual orientation; the parliament’s

consideration of so-called “anti-gay propaganda” and the “foreign agents” bills; and

violence against women. It made recommendations.

53. Bangladesh appreciated efforts to empower women and to reduce poverty. It

recalled the concern expressed by CRC about the growing number of children placed in

care institutions owing to poverty and about the growing number of HIV/AIDS infections.

Bangladesh made recommendations.

54. Belarus noted the efforts to improve national legislation and the measures

implemented to ensure the protection and promotion of human rights. It noted the adoption

of the Social Protection Development Strategy, the National Strategy for Gender Equality

and its related plan and the State programme to combat human trafficking. Belarus made

recommendations.

55. Belgium commended efforts the abolition of the death penalty and progress on

freedom of expression. It stated that additional efforts were needed to consolidate progress,

noting the importance of freedom of expression and association. Belgium made

recommendations.

56. Bhutan appreciated reforms initiated to implement the UPR recommendations,

particularly measures taken to reform the judicial system in order to ensure its impartiality

and independence. It commended Kyrgyzstan for setting out the legal and organizational

basis for combating corruption. It made a recommendation.

57. Brazil commended the adoption of a new Constitution, the ratification of the Second

Optional Protocol to ICCPR and the signing of the Convention on the Rights of Persons

with Disabilities (CRPD), as recommended by Brazil during the 2010 review. It encouraged

Kyrgyzstan to develop policies and programmes to alleviate and eradicate poverty. It made

recommendations.

58. Canada requested information on the implementation of the accepted

recommendation it had put forward regarding the review and strengthening of existing

legislation to combat violence against women and discrimination on any grounds. Canada

made recommendations.

59. Chile acknowledged recent legislative reforms and the accession to various human

rights instruments. It took note of the information provided by the Government regarding

the challenges posed by the harmonization of legislation, the Constitution and treaties.

Chile made recommendations.

60. China commended Kyrgyzstan for efforts to promote gender equality and to combat

human trafficking and sexual violence. Efforts had been taken to promote the harmonious

coexistence of ethnic groups, multilingual education, cultural heritage and ethnic diversity.

It made a recommendation.

61. Costa Rica highlighted reforms strengthening human rights protection mechanisms.

It welcomed the ratification of the Second Optional Protocol to ICCPR and the signing of

CRPD. It noted the importance of an independent judiciary and of freedom of expression

and association. It made recommendations.

62. The delegation explained that the purpose of the new amendment to the Criminal

Code criminalizing the dissemination of statements about the commission of crimes had

been to prevent false statements being made knowingly about the commission of crimes.

The Constitutional Chamber of the Supreme Court had ruled that the amendment was not in

conflict with the provisions of the Constitution.

63. In response to questions regarding the draft law on reporting requirements of NGOs

receiving funding from foreign sources, the delegation explained that several deputies of

the parliament had initiated the draft law with the aim of ensuring transparency in the

functioning of non-profit organizations. Representatives of civil society and international

organizations had expressed concern that the draft law imposed unjustified restrictions on

the exercise of NGOs’ freedom of association and thus was incompatible with international

human rights standards and the Constitution. In view thereof, the Parliamentary Committee

for Human Rights, Constitutional Law and State Structure had held a parliamentary hearing

on the draft law and had compiled recommendations for additions and changes to be made

before its adoption.

64. All draft laws directly affecting the rights and interest of citizens had been subject to

thorough consideration and wide discussion, taking into account the opinions of human

rights experts.

65. The delegation reported on the reform of the law enforcement agencies that had been

carried out in order to bring law enforcement work into line with international human rights

standards and to establish an effective system for maintaining public order and security. In

the framework of the reform, new criteria for assessing the work of the law enforcement

agencies had been developed with the active participation of civil society representatives,

and an internal and external monitoring system had been put in place to ensure transparency

and accountability in the work of the law enforcement agencies. Reforming the Academy

attached to the Ministry of Affairs, in particular improving its curriculum and teaching

methods, had been identified as a key factor for the effective implementation of a new

model for the work of the law enforcement agencies. New procedures and processes for the

recruitment and promotion of police officers had been developed in cooperation with civil

society. The reform’s objectives included the formation of a multi-ethnic police force and

gender equality within the law enforcement agencies. Nevertheless, significant work still

remained to be carried out in cooperation with civil society and international organizations,

as the reform was in its initial stage of implementation.

66. Regarding questions on domestic violence, the Ministry of Internal Affairs had

developed instructions and regulations to organize the law enforcement bodies to prevent

domestic violence effectively and implement the Social and Legal Protection against

Domestic Violence Act. Amendments to the Administrative Code had also been drafted and

adopted at the initiative of the Ministry of Interior in order to ensure harsher administrative

penalties for domestic violence, including administrative detention up to five days. A

memorandum of understanding had been signed between the Ministry of Internal Affairs

and crisis centres to organize their cooperation in combating domestic violence and bride-

kidnapping. The delegation referred to the significant increase in registered cases of

domestic violence in the period 2010–2014, owing to the effective response of police

officers and the cooperation established between local authorities, social and health workers

and civil society representatives.

67. The legal amendments to the Criminal Code provided harsher punishments for the

abduction of women and girls for the purpose of marriage, as well as for the forced

marriage of girls. Those legal amendments had been drafted during extensive consultations

with civil society representatives and international organizations.

68. Several measures had been taken to: ensure unhindered access to justice; protect

defence lawyers, witnesses and victims against threats and harassment during trials,

including those related to the 2010 ethnic conflict; and ensure public security and stability

after the violent events of June 2010. In that respect, a special unit within the Ministry of

Interior Affairs had been established for the protection of the rights of witnesses.

69. Torture had become a criminal offence in 2003. However, no one had been

prosecuted for the crime of torture. The reason was that the occurrence of torture in

Kyrgyzstan had been recognized at all levels only in 2010. Consequently, a number of

measures had been undertaken to combat torture and ill-treatment since 2010, in particular

the inclusion of anti-torture provisions in the Constitution and the adoption of the National

Plan to Combat Torture. Monitoring by the Prosecutor’s Office to uncover cases of torture

and ill-treatment had been strengthened and the Prosecutor’s Office now conducted

systematic and unannounced visits to places of deprivation of liberty. A harsher penalty had

been established for torture, which had become a serious crime in law. Methodology and

instructions had been developed on how to investigate effectively cases of torture and ill-

treatment. Almost all temporary detention sites and investigation cells had been equipped

with cameras for internal monitoring.

70. An important means of combating torture was the Memorandum on Cooperation in

Protecting Human Rights and Freedoms, signed in 2012 by the Ombudsman, the

Procurator-General, the Ministry of Internal Affairs, the Ministry of Health, the Ministry of

Justice, the State Penal Correction Service, the Organization for Security and Cooperation

in Europe and human rights organizations. The signatories of the memorandum were

entitled to carry out joint visits to places of deprivation of liberty throughout the country

without prior authorization. The preventive measures had resulted in a decrease in reported

cases of torture and ill-treatment in 2013 and in 2014 as compared to previous years.

71. Several legal acts had been adopted to combat terrorism and extremism, given the

serious threats to public security, and sanctions against persons committing such crimes had

been stepped up. Nevertheless, the respective laws and regulations set clear rules and

conditions for the use of force and firearms by State security officers.

72. Croatia encouraged Kyrgyzstan to ratify CRPD and issue a standing invitation to the

special procedure mandate holders. It welcomed legislation that increased penalties for

bride-kidnapping and asked about action taken to fight discrimination and violence against

LGBT persons. Croatia made recommendations.

73. Cuba noted with appreciation that Kyrgyzstan considered UPR as a mechanism

promoting dialogue between the Government and civil society. It noted progress in

education and child protection. Greater efforts to fight poverty were necessary. Cuba made

recommendations.

74. The Czech Republic appreciated the information provided on the implementation of

recommendation it had put forward during the 2010 UPR. It made recommendations.

75. Denmark expressed concern about attacks and threats against, and harassment of,

civil society activists and human rights defenders, and that their space might be restricted

by the draft legislation currently under consideration. Denmark made recommendations.

76. Estonia called on Kyrgyzstan to: ratify CRPD; give more attention to violence

against women and children; refrain from adopting any legislation that would impose

restrictions on foreign funding of NGOs; and implement the action plan on the prevention

of torture. Estonia made recommendations.

77. Finland expressed concern at the bills on foreign agent NGOs and on limiting

information on non-traditional sexual orientations and inquired about the status of those

bills. Finland made recommendations.

78. France commended Kyrgyzstan on the ratification of the Second Optional Protocol

to ICCPR. France made recommendations.

79. Germany welcomed the establishment of a national preventive mechanism. It was

encouraged by the draft legislation to strengthen the Constitutional Court and asked for its

adoption timelines. Germany made recommendations.

80. Ghana commended Kyrgyzstan on the adoption of a new Constitution including

significant human rights provisions. It welcomed the establishment of the National Council

on Gender Issues. Ghana made recommendations.

81. Hungary commended the establishment of a national preventive mechanism. It

expressed concern about the use of torture; the large number of child labourers, many of

whom worked under hazardous conditions; and the bills which aimed to restrict the

activities of NGOs. Hungary made recommendations.

82. India welcomed achievements in strengthening the legal and institutional

framework. It encouraged measures for the participation of women in all sectors. It noted

the Children’s Code and initiatives such as “a school without violence”. India asked about

the impact of anti-corruption laws and programmes. India made recommendations.

83. Indonesia noted the special attention given to the prevention of torture, and the

establishment of the National Plan to Combat Torture and the National Centre for the

Prevention of Torture. Indonesia made recommendations.

84. Iraq valued the great efforts of Kyrgyzstan to promote and protect human rights. It

welcomed legislative initiatives, including the adoption of the Criminal Code and the

Administrative Liability Code. Iraq made a recommendation.

85. Ireland encouraged Kyrgyzstan to extend a standing invitation to all the special

procedures. It was concerned by the reports of intimidation, reprisals and threats against

human rights defenders. Ireland made recommendations.

86. Japan commended the efforts to improve the human rights situation under the new

Constitution guaranteeing basic human rights. It was concerned at the inter-ethnic feuds, as

well as cases of bride kidnapping, polygamous unions and early marriages. Japan made

recommendations.

87. Jordan commended Kyrgyzstan on its efforts to further promote and protect human

rights and on strengthening legislation through the adoption of a number of laws, such as

the Anti-Corruption Act, the Criminal Code and the Code of Criminal Procedure. Jordan

made recommendations.

88. Kazakhstan noted with appreciation the efforts to bring legislation into line with the

Constitution, the adoption of laws aimed at ensuring better protection of children and

women, and the establishment of the National Centre for the Prevention of Torture.

Kazakhstan made recommendations.

89. Kenya commended Kyrgyzstan on its cooperation with the United Nations human

rights mechanisms. It acknowledged the efforts to address torture, including the

establishment of the National Centre for the Prevention of Torture. Kenya made a

recommendation.

90. Kuwait commended the efforts to implement previous UPR recommendations and to

improve the human rights situation. It appreciated the establishment of the Human Rights

Coordinating Council. Kuwait made recommendations.

91. Latvia welcomed the steps taken to promote and protect the rights of women,

including the National Strategy for Gender Equality. However, Latvia remained concerned

about the violence against women and, in particular, forced marriage and domestic

violence. Latvia made recommendations.

92. Lithuania commended the Government’s efforts to harmonize national laws with the

Constitution and international human rights norms. It made recommendations.

93. Malaysia encouraged Kyrgyzstan to pursue its efforts to bring the Office of the

Ombudsman into conformity with the Paris Principles. It noted efforts to restore

constitutional order and the rule of law after the revolution in April 2010. Malaysia made a

recommendation.

94. Mauritania noted with appreciation legislative measures to protect human rights, and

efforts to eliminate poverty and to combat violence against women. It encouraged

Kyrgyzstan to continue its efforts to enhance social and economic development.

95. Mexico welcomed the submission of outstanding reports to treaty bodies and the

human rights provisions in the new Constitution. It noted the adoption of the new law on

freedom of peaceful assembly. Mexico made recommendations.

96. Montenegro welcomed the institutional changes for the protection of vulnerable

groups. It asked about legislative measures that Kyrgyzstan had taken to criminalize the

sale of children, child prostitution and child pornography and about steps taken for the

protection of women’s rights. Montenegro made recommendations.

97. Morocco commended Kyrgyzstan for the importance it had given to the

independence of the judiciary, human rights education for judges, the fight against torture,

efforts for the protection of the rights of vulnerable populations and measures to prevent

and suppress human trafficking. Morocco made recommendations.

98. Namibia commended the establishment of the Human Rights Coordinating Council

and the National Council on Gender Issues, as well as the inclusion of human rights

provisions in the Constitution. It also noted the advancement in freedom of expression and

assembly. Namibia made recommendations.

99. The Netherlands appreciated the adoption of the Constitution and the

implementation of the UPR recommendations on the prevention of torture, violence against

women and combating corruption. It was concerned about legislative initiatives negatively

affecting the space for civil society, in particular LGBT persons. The Netherlands made

recommendations.

100. Nicaragua noted efforts made to consolidate democracy and the rule of law through

the adoption of institutional and legislative changes. It welcomed the adoption of the

National Sustainable Development Strategy 2013–2017. Nicaragua made

recommendations.

101. Norway noted the constitutional reform in 2010 and the presidential and

parliamentary elections as significant steps towards democracy. Norway was concerned

about the lack of impartial investigation and fair prosecution regarding the events of June

2010. Norway made recommendations.

102. Pakistan stated that the amendments to the Civil Code, the Administrative Liability

Code, the Criminal Code and the Code of Criminal Procedure, judicial reforms and the

Social Protection Development Strategy would make further contributions to strengthening

human rights. Pakistan made recommendations.

103. Paraguay commended Kyrgyzstan on the new Constitution guaranteeing freedom of

conscience and religion. It encouraged the Government to continue supporting the victims

of the 2010 conflict. Paraguay made recommendations.

104. The Philippines noted with appreciation the restoration of law and order following

the events of 2010; the improvement in the normative and legislative infrastructure and the

advancement of the protection of the rights of children. It noted challenges in combating

human trafficking and the need to continue addressing discrimination against minorities.

The Philippines made recommendations.

105. Poland noted efforts to implement recommendations from the first review; the

incorporation of human rights provisions in national legislation; and the increase in the

sentence for bride-kidnapping. Further work was needed to address gender-based violence.

It made recommendations.

106. Portugal noted the adoption of the Children’s Code, but expressed concern about the

reports of abuse of children in families, alternative care settings and schools, as well as

increasing cases of sexual violence. It made recommendations.

107. The Republic of Korea acknowledged the advancements made in human rights in

the face of social and political changes. It welcomed the establishment of the Human Rights

Coordinating Council, the reform of the judicial system and the initiative to eliminate

domestic violence. It made recommendations.

108. The Republic of Moldova requested information on the establishment of a juvenile

justice system in accordance with international standards. It acknowledged the progress in

combating violence against women, but shared the concerns of the United Nations human

rights mechanisms that the issue remained widespread. It made a recommendation.

109. Romania acknowledged that the Government cooperated with the United Nations. It

added that, while progress had been made, Kyrgyzstan had to take further steps in the

promotion of human rights. Romania made recommendations.

110. The Russian Federation noted the successful implementation of the United Nations

human rights treaties; the efforts to develop a legislative and institutional framework for the

protection of human rights; and the positive impact of the efforts aimed at protecting the

rights of the child. It made recommendations.

111. Serbia stated that the use of torture and the lack of justice for victims should be

further addressed. It also noted the discrimination and intolerance towards marginalized

groups. Serbia made recommendations.

112. Sierra Leone commended Kyrgyzstan for the progress made in promoting human

rights. It expressed concern at the high incidence of child abuse, early marriage and sexual

exploitation of children, as well as discrimination on religious grounds. Sierra Leone made

recommendations.

113. Slovenia welcomed the accession of Kyrgyzstan to the Second Optional Protocol to

ICCPR. It expressed concern that the legal framework of the presidential elections was

inconsistent with the Constitution. Challenges remained with regard to the investigation of

attacks on journalists. Slovenia made recommendations.

114. Spain praised the ratification of the Second Optional Protocol to ICCPR as well as

the legislative reforms to improve the situation of women. It was concerned about the legal

initiatives resulting in discrimination based on sexual orientation. Spain made

recommendations.

115. Regarding the questions on the protection of children, the delegation stated that

Kyrgyzstan had become the first country in Central Asia to adopt a Children’s Code

providing guarantees and procedures for the protection of children, including vulnerable

groups such as children living in difficult circumstances and children in conflict with the

law. The Coordination Council on Juvenile Justice attached to the Government had been

established.

116. In conclusion, the delegation thanked the State representatives for their active

participation in and contribution to the review process and assured them that the

Government would pay serious attention to the views expressed and the valuable

recommendations put forward during the interactive dialogue.

II. Conclusions and/or recommendations

117. The recommendations formulated during the interactive dialogue and listed

below have been examined by Kyrgyzstan and enjoy the support of Kyrgyzstan:

117.1. Continue harmonizing national legislation with the Constitution and

international human rights norms (Venezuela (Bolivarian Republic of));

117.2. Take measures to ensure that all legislation is in full compliance with

international human rights obligations (Costa Rica);

117.3. Continue the work to bring the national legal framework in line with

its international obligations (Russian Federation);

117.4. Continue to fulfil its international obligations and commitments it has

made in the field of human rights taking into account the country’s

development and its historical, cultural and religious background

(Bangladesh);

117.5. Review the compliance of national legislation with the provisions of

ICCPR (Sweden);

117.6. Empower legal advisers in parliament to review draft laws and

policies, incorporate input from civil society and experts in the international

 The conclusions and recommendations have not been edited.

community, and oppose legislation that is inconsistent with international

human rights obligations and commitments (United States of America);

117.7. Continue to strengthen democratic institutions with a clear

separation of powers ahead of the coming election cycle (Norway);

117.8. Continue strengthening its national human rights institutions

(Jordan);

117.9. Take the necessary steps to ensure that the National Council on

Gender Issues becomes fully operational (Ghana);

117.10. Improve intra-state mechanisms for the implementation of

international obligations in the area of human rights (Tajikistan);

117.11. Take the necessary steps to bring the Office of the Ombudsman into

compliance with the Paris Principles (Turkey);

117.12. Accelerate the process of bringing the statutes of the Office of

Ombudsman into full conformity with the Paris Principles (Afghanistan);

117.13. Complete the process of ensuring that the Ombudsman Institution is

fully compliant with the Paris Principles, at the earliest (India);

117.14. Intensify efforts to bring the Office of the Ombudsman into

compliance with the Paris Principles (Kenya);

117.15. Ensure that the Office of the Ombudsman is brought into line with

the Paris Principles (Sierra Leone);

117.16. Grant to the National Centre for the Prevention of Torture the

necessary financial resources to ensure its functioning and independence in

accordance with OPCAT (Switzerland);

117.17. Provide the National Centre for the Prevention of Torture with the

necessary resources for its adequate functioning, and ensure its full

independence (Chile);

117.18. Take comprehensive measures to improve the level of public security

in the country and to combat terrorism and extremism (Tajikistan);

117.19. Continue efforts to combat drug trafficking/trade and corruption

(Russian Federation);

117.20. Provide comprehensive support to the institution of the family

(Russian Federation);

117.21. Strengthen national procedures for the protection of the rights of

socially vulnerable groups of the population, including women, children,

persons with disabilities and older persons (Tajikistan);

117.22. Improve further the child protection system and create conditions for

ensuring the rights of the child to grow and develop in the family environment

(Belarus);

117.23. Continue its policies on improving the rights of the child (Jordan);

117.24. Take further steps to improve the system of children’s rights

protection (Kazakhstan);

117.25. Continue strengthening legal mechanisms for the protection of the

rights of children (Russian Federation);

117.26. Effectively cooperate with the Special Rapporteur on the situation of

human rights defenders (Lithuania);

117.27. Effectively cooperate with the Special Rapporteur on the rights to

freedom of peaceful assembly and of association (Lithuania);

117.28. Analyse the possibility of creating a monitoring system for the

implementation of international obligations in order to facilitate the

systematization and follow-up of the recommendations made by the treaty

bodies and the Human Rights Council (Paraguay);

117.29. Engage civil society in the implementation process of the accepted

UPR recommendations (Poland);

117.30. Continue efforts in implementing CAT and its Optional Protocol with

more concrete actions (Indonesia);

117.31. Continue to adopt effective legislative measures to ensure women’s

security and rights, and strengthen the national mechanism on gender policies

(Spain);

117.32. Continue to implement the National Strategy for Gender Equality

2020 (Pakistan);

117.33. Take steps to ensure that laws on gender equality and domestic

violence are enforced effectively (Australia);

117.34. Continue the implementation of measures aimed to empower women

and their contribution (Sri Lanka);

117.35. Redouble the efforts to increase women’s participation in society, in

particular by increasing the number of women in decision-making (Timor-

Leste);

117.36. Continue to promote gender equality through the empowerment of

women in decision-making and public administration (Nicaragua);

117.37. Empower women’s social development and their participation in

political decision-making (Sierra Leone);

117.38. Strengthen anti-discrimination laws and policies, and intensify the

implementation of measures to protect all women from discrimination and

violence, including through nationwide public awareness campaigns

(Philippines);

117.39. Take all necessary measures to fight effectively against all forms of

discrimination (France);

117.40. Ensure that national legislation conforms to international human

rights standards on non-discrimination, particularly concerning sexual

orientation and gender identity, gender and racial discrimination (Brazil);

117.41. Ensure equal rights and opportunities to all persons without

distinction and promote policies to prevent discrimination based on sexual

orientation and gender identity (Uruguay);

117.42. Ensure that allegations of violence, torture, inhuman and degrading

treatment of LGBT persons, by government and non-government actors, are

investigated promptly and efficiently and that perpetrators are brought to

justice (Sweden);

117.43. Undertake all necessary measures to prevent discrimination and

violence against LGBTI persons (Slovenia);

117.44. Further strengthen the implementation of Kyrgyzstan’s international

commitments with regard to CAT and investigate all allegations of torture and

ill treatment in custody (Lithuania);

117.45. Take necessary measures to implement the National Plan to Combat

Torture (Turkmenistan);

117.46. Implement without delay the recently adopted Action Plan on

Torture and ensure that safeguards against torture are effectively granted in

practice (Austria);

117.47. Adopt measures, including recommendations by the Committee

against Torture, to combat torture and ill-treatment, by ensuring that the

National Centre receives adequate resources and access; and by implementing

an effective Anti-Torture Action Plan (United Kingdom of Great Britain and

Northern Ireland);

117.48. Examine allegations of ill-treatment and torture in custody and

failures to ensure fair trial guarantees to those arrested and prosecuted

following the 2010 violence (United States of America);

117.49. Ensure that allegations of torture and other ill-treatment are

investigated promptly and effectively and that the perpetrators of these acts are

prosecuted and punished according to the standards required by international

norms (Uruguay);

117.50. Increase the capacity for investigation and prosecution of all

complaints of torture, attach special attention to allegations of torture of

persons belonging to ethnic minorities, and bring the definition of torture in the

Criminal Code fully in line with CAT (Czech Republic);

117.51. Prevent acts of torture and ensure that allegations of torture and ill-

treatment are investigated promptly and efficiently (Hungary);

117.52. Prevent all acts of torture and ill-treatment and ensure prompt and

impartial investigations into complaints (Portugal);

117.53. Ensure that all allegations of torture and inhuman or degrading

treatment, including those related to the June 2010 violence, are thoroughly

investigated and that the perpetrators are brought to justice (Republic of

Korea);

117.54. Ensure accountability and guarantee prompt and effective

investigation of torture and of all cases of ill-treatment (Serbia);

117.55. Take all necessary measures to effectively fight against torture and

ill-treatment, particularly in the police and penitentiary domains (France);

117.56. Further improve life conditions and the prevention of ill-treatment of

detainees in State penitentiaries in compliance with international standards

(Albania);

117.57. Provide guarantees for children in detention, including by removing

the use of solitary confinement and by separating adults and children (Mexico);

117.58. Combat violence against women (Timor-Leste);

117.59. Continue its efforts in combating violence against women by, inter

alia, raising awareness of the victims’ rights, increasing public understanding

to avoid social exclusion of the victims and empowering women and girls by

enhancing access to education (Thailand);

117.60. Adopt the National Action Plan to combat violence against women,

by investigating complaints and instituting criminal proceedings against

perpetrators, even in the absence of formal complaints (Albania);

117.61. Adopt a national action plan to combat violence against women and a

law on domestic violence (Brazil);

117.62. Take further legislative and practical measures to end violence

against women, including the phenomenon of bride kidnapping as well as early

and forced marriage (Austria);

117.63. Strengthen the implementation of legislation aimed at the elimination

of violence against women and increase funding for assistance to the victims, in

particular with regard to domestic violence and bride kidnapping (Czech

Republic);

117.64. Enforce existing criminal laws including ensuring that perpetrators

of gender-based violence and bride kidnapping and abductions are brought to

justice (Ghana);

117.65. Adopt legislation to monitor and eliminate violence against women

and girls, including child kidnapping (Sierra Leone);

117.66. Continue the active fight against domestic violence and violence

against women, paying special attention to preventive and prophylactic

measures (Belarus);

117.67. Take further steps to address gender-based violence, including

guaranteeing that the cases of violence are thoroughly investigated and rights

to fair trial ensured (Latvia);

117.68. Strengthen mechanisms to detect, investigate and punish cases of

gender-based violence and bride kidnapping, train law enforcement officials to

deal with such cases, and provide legal and medical support to victims

(Republic of Moldova);

117.69. Prosecute perpetrators of gender-based violence and bride-

kidnapping (Slovenia);

117.70. Introduce more effective policies to combat child forced marriage

(Viet Nam);

117.71. Strengthen measures to combat forced or early marriages (Algeria);

117.72. Strengthen efforts that are in place to put an end early and forced

marriages and bride-kidnapping (Belgium);

117.73. Take further measures to combat bridal kidnappings and child, early

and forced marriage (Canada);

117.74. Strengthen the public campaigns and raise awareness regarding the

unacceptability of the practice of child, early and forced marriage (Croatia);

117.75. Continue to take steps to put an end to practices of bride-kidnapping

and early marriage (Japan);

117.76. Ensure full implementation of the law increasing the penalty for

bride-kidnapping in order to eliminate violence against women, in particular

bride-kidnapping of underage girls, polygamous unions and early marriage of

girls (Poland);

117.77. Develop a comprehensive strategy to address violence against

children (Albania);

117.78. Fully prohibit corporal punishment against children in all settings,

including at home (Croatia);

117.79. Take all measures necessary to prevent violence against children in

all its forms and to put mechanisms in place to protect especially girls who are

more vulnerable to sexual abuse and violence (Namibia);

117.80. Further enhance its efforts to effectively prevent and prosecute

violence against children (Portugal);

117.81. Expedite efforts towards prohibition of all forms of child labour (Sri

Lanka);

117.82. Completely eliminate the practice of child labour and ensure that all

children have access to free and compulsory education (Hungary);

117.83. Continue its efforts directed towards the fight against trafficking in

persons (Armenia);

117.84. Strengthen the implementation of programmes aiming at the

rehabilitation of victims of trafficking in persons, including providing advice,

shelter and legal aid and rehabilitation services (Kuwait);

117.85. Launch a campaign to raise public awareness on the issue of

trafficking in persons (Kuwait);

117.86. Continue working on the ongoing reform of the judicial system to

promote compliance by the courts with international standards

(Turkmenistan);

117.87. Continue to implement judicial reforms in the country (Pakistan);

117.88. Take further steps to ensure, in law and in practice, the independence

of the judiciary (Ireland);

117.89. Continue reforms to ensure the full independence of judges and the

application of fair trial guarantees for everyone (Costa Rica);

117.90. Ensure the full independence of the judiciary, including the

establishment of objective criteria for selecting and dismissing judges and

guarantee the respect of a fair trial for everyone (Estonia);

117.91. Ensure that the justice system functions with independence and in

full compliance with relevant international norms (France);

117.92. Take further requisite measures to ensure full independence of the

judiciary, which will have a meaningful contribution to their democracy and

instil confidence in the people of Kyrgyzstan (Namibia);

117.93. Ensure due process and accountability in the administration of

justice, and hold perpetrators of any ill-treatment of prisoners to account

(Australia);

117.94. Strengthen the position and the independence of the Constitutional

Court in order to ensure that fundamental freedoms and minority rights, as

guaranteed in the Constitution, are fully respected in newly adopted legislation

(Germany);

117.95. Facilitate citizens’ access to judicial appeal in cases of restrictions of

freedom of assembly (Germany);

117.96. Continue developing a comprehensive juvenile judicial system

(Kazakhstan);

117.97. Commit to ensuring the full and impartial investigation of complaints

of many of those arrested in the aftermath of the June 2010 violence (United

Kingdom of Great Britain and Northern Ireland);

117.98. Strengthen the investigation and punishment of human rights

violations related to the 2010 ethnic conflict (Argentina);

117.99. Investigate all allegations of torture and sexual violence committed in

the context of the June 2010 conflict (Mexico);

117.100. Simplify the procedure for birth registration and ensure that all

children born in its territory are registered and provided with birth certificates,

irrespective of the availability of their parents’ identity documents or residence

permits (Albania);

117.101. Take the necessary measures for the proper civil registration of

migrant children and birth registration of children of migrants (Mexico);

117.102. Ensure that relevant legislation guarantees the exercise of the rights

to freedom of expression and association for all individuals, including human

rights defenders and journalists (Austria);

117.103. Refrain from adopting legislation that would limit the right to

freedom of association (Canada);

117.104. Ensure that any legislation on NGOs is fully in line with international

human rights law, including freedom of expression and freedom of association

(Finland);

117.105. Carefully consider the proposed law on restrictions of the activities of

non-governmental organizations to ensure that it does not impede the valuable

work they are doing, together with Kyrgyz authorities, to combat human rights

abuses and uphold individual freedoms in the country (Norway);

117.106. Ensure that its legislation protects the rights of everyone, regardless

of their sexual orientation and gender identity, minority status or any other

basis, to freedom of expression and assembly, freedom from discrimination and

equality before the law (Finland);

117.107. Ensure respect for freedom of expression, freedom of the press and

freedom of association (France);

117.108. Guarantee freedom of assembly and association in line with ICCPR

(Germany);

117.109. Ensure in law and practice that journalists and other persons can

freely exercise their right to freedom of expression (Latvia);

117.110. Ensure that attacks on journalists are promptly investigated and the

perpetrators held accountable, as recommended in the first cycle (Slovenia);

117.111. Guarantee freedom of expression, association and peaceful assembly

for journalists, activists, human rights defenders and for participants in

demonstrations (Uruguay);

117.112. Ensure that journalists, human rights defenders and other members

of civil society can seek, receive and impart information and carry out their

legitimate peaceful activities without hindrance, intimidation, harassment or

pressure (Belgium);

117.113. Take the necessary measures to ensure that human rights defenders

and civil society actors can carry out their legitimate work in a safe

environment without threats and harassment by State and non-State actors

(Denmark);

117.114. Protect human rights defenders from intimidation and violence and

ensure prompt, impartial and thorough investigation of allegations of

harassment, torture and ill-treatment of human rights defenders (Ireland);

117.115. Increase the level of political participation and decision-making of

women and minority groups at governmental level (Namibia);

117.116. Continue working for the enjoyment of economic, social and cultural

rights in the country (Nicaragua);

117.117. Continue strengthening the programmes carried out for the social

protection of all the Kyrgyz people in the fight against poverty and social

inequity (Venezuela (Bolivarian Republic of));

117.118. Ensure the integration and effective implementation of strategies on

poverty alleviation, social security, gender equality and the protection of child

rights (Viet Nam);

117.119. Continue to improve socioeconomic conditions to eradicate poverty

(Bangladesh);

117.120. Continue to implement its poverty reduction strategy, to enable its

people to better enjoy the right to development, providing the necessary

foundation for the enjoyment of the other rights (China);

117.121. Continue implementing the National Sustainable Development

Strategy as a means to fight poverty (Cuba);

117.122. Further develop policies and programmes to alleviate and eradicate

poverty, with special emphasis on vulnerable groups, by taking forward

initiatives such as the National Action Plan and Programme against Corruption

(India);

117.123. Continue its exceptional efforts in combating poverty and developing

the education system, and in addition, continue to enhance its efforts related to

preserving the environment (Iraq);

117.124. Develop efforts to formulate a national strategy to ensure the full

realization of the right to adequate housing that incorporates social housing

and also the reconstruction of the housing areas destroyed during the violence

of June 2010 (Chile);

117.125. Improve reproductive health education and access to adequate health

care and treatment for HIV-positive mothers to prevent mother to child

transmission (Thailand);

117.126. Increase investment in and maintain school infrastructure

(Bangladesh);

117.127. Provide inclusive education for children with disabilities and include

human rights education in schools (Montenegro);

117.128. Allocate enough resources for education in order to ensure the right

to education (Romania);

117.129. Implement strategies to promote better access to education for girls

at all levels (Sierra Leone);

117.130. Implement the series of measures to ensure the rights of and improve

the quality of life of persons with disabilities for 2014–2017 (Cuba);

117.131. Continue the initiatives for the promotion of tolerance and diversity

with the aim of protecting the rights of national and ethnic minorities of the

country (Armenia);

117.132. Continue its efforts in giving due attention to the inter-ethnic issues

including by ensuring effective implementation of its Policy Framework on

Strengthening National Unity and Inter-Ethnic Relations (Malaysia);

117.133. Continue the efforts in the framework of the inter-ethnic policy and

the protection of the rights of ethnic minorities (Morocco);

117.134. Continue to make progress towards the full recognition of ethnic and

cultural diversity that characterizes the Kyrgyz people (Nicaragua);

117.135. Intensify the work related to inter-ethnic reconciliation, with special

attention to the integration of ethnic minorities into public service and law

enforcement bodies (Sweden);

117.136. Actively combat all indications of inter-ethnic strife, and national and

religious intolerance (Tajikistan);

117.137. Adopt additional measures to protect religious, cultural and ethnic

minorities subjected to discrimination (Argentina);

117.138. Adopt norms and procedures to ensure the implementation of the

principle of non-refoulement as established by the 1951 Convention relating to

the Status of Refugees (Argentina);

117.139. Strengthen its judicial system in order to ensure that most citizens

have access to justice (Angola).

118. The recommendations below did not enjoy the support of Kyrgyzstan and

would therefore be noted:

118.1. Consider ratifying the Rome Statute of ICC (Republic of Korea);

118.2. Ratify and fully align its national legislation with all the obligations

under the Rome Statute of ICC (Latvia);

118.3. Ratify and fully align its national legislation with the Rome Statute of

the ICC (Slovenia);

118.4. Ratify and fully align its national legislation with the Rome Statute of

the ICC, and accede to the Agreement on Privileges and Immunities of the

Court (Estonia);

118.5. Ratify the Rome Statute of ICC, while welcoming the fact that the

possibility is currently under analysis (Portugal);

118.6. Ratify the Rome Statute establishing ICC (Timor Leste);

118.7. Ratify the Statute of ICC signed in 1998 (Hungary);

118.8. Ratify the Rome Statute of the ICC (Paraguay) (Poland) (Romania)

(Austria);

118.9. Ratify the Rome Statute on ICC (Ghana);

118.10. Ratify the Rome Statute of ICC, and ICPPED, as previously

recommended (Uruguay);

118.11. Ratify ICPPED (France) (Paraguay);

118.12. Consider ratifying ICPPED (Morocco);

118.13. Ratify the Optional Protocol to ICESCR (Uruguay);

118.14. Ratify the Optional Protocol to ICESCR (Portugal);

118.15. Ratify OP-CRC-IC (Portugal);

118.16. Consider acceding to ILO Convention 189 (Philippines);

118.17. Adapt recruitment guidelines of the police and security forces in

order to guarantee the proportional representation of ethnic minorities and an

increased representation of women (Germany);

118.18. Adopt comprehensive anti-discrimination legislation effectively

fighting and preventing discrimination on all grounds, including ethnicity,

religion, gender and sexual orientation (Czech Republic);

118.19. Review and strengthen existing legislation in order to introduce

comprehensive anti-discrimination laws with special emphasis on ethnic,

religious and gender issues and make the National Council on Gender Issues

fully operational (Poland);

118.20. Enact specific legislation to prohibit discrimination against persons

based on sex, race, colour, religion, national origin and sexual orientation

(Canada);

118.21. Withdraw the draft law on “formation of positive attitude to non-

traditional sexual relations’’ and develop and implement comprehensive anti-

discrimination legislation, in close cooperation with civil society (Austria);

118.22. Include sexual orientation and gender identity in the national

legislation on discrimination, and establish policies and initiatives to address

discrimination against LGBTI persons (Chile);

118.23. Criminalize homophobic hate speech in the public discourse (Serbia);

118.24. Adopt and implement legislation ensuring effective protection of

LGBT people, inter alia on the prohibition of discrimination and hate crimes, a

confidential complaints mechanism and protection of LGBT minors

(Netherlands);

118.25. Transparently investigate allegations of ill-treatment committed by

law enforcement officers during and after the June 2010 events and take clear

steps to combat the arbitrary detentions and torture of detainees, especially of

the ethnic Uzbek population in the southern regions (Norway);

118.26. Refrain from imposing disproportionate or discriminatory

restrictions on freedom of association and reject draft laws on money

laundering, treason and foreign agents (Lithuania);

118.27. Develop a national strategy on water and support the establishment

of regional instruments for the management of water and hydro-electrical

energy to contribute to improve cooperation between the country and its

neighbours (Spain);

118.28. Step up the reform aimed at adapting the Constitution to the

international standards in the field of protection of human rights (Angola).

119. The following recommendations will be examined by Kyrgyzstan, which will

provide responses in due time, but no later than the twenty-ninth session of the

Human Rights Council to be held from 15 June to 3 July 2015:

119.1. Ratify CRPD (Austria) (Romania);

119.2. Ratify CRPD (Ghana);

119.3. Accelerate its efforts to ratify CRPD (Indonesia);

119.4. Complete the ratification process for CRPD (Algeria);

119.5. Take the necessary steps towards ratifying CRPD (Japan);

119.6. Speed up the process for ratifying CRPD and its Optional Protocol

(Spain);

119.7. Extend a standing invitation to all special procedures (Turkey);

119.8. Extend a standing invitation to all special procedures and accept all

the visits of Special Rapporteurs (France);

119.9. Consider issuing a standing invitation to all special procedures of the

Human Rights Council (Ghana);

119.10. Consider extending a standing invitation to special procedures

mandate holders of the Human Rights Council (Latvia);

119.11. Consider extending a standing invitation to the mandate holders of

all special procedures of the Human Rights Council, as the Republic of Korea

previously recommended in the first UPR (Republic of Korea);

119.12. That any changes in legislation uphold fundamental freedoms and

ensure non-discrimination, including on the basis of religion or sexual

orientation (Australia);

119.13. Refrain from adopting the discriminatory draft law on “formation of

positive attitude to non-traditional sexual relations” (Canada);

119.14. Repeal any law or bill that does not meet international standards on

non-discrimination on the grounds of sexual orientation (Spain);

119.15. Make additional efforts to fight against homophobia, discrimination

and violence against LGBT persons (Montenegro);

119.16. Adopt public policies that protect against all forms of discrimination

and violence based on sexual orientation and gender identity (Spain);

119.17. Establish an intra-state reporting mechanism on violence against

women and provide its victims with appropriate services (Lithuania);

119.18. Review the Law on Religion in order to guarantee freedom of religion

in compliance with international standards (Poland);

119.19. Refrain from adopting any legislation incompatible with freedom of

association, particularly with regard to NGOs’ access to funding, and facilitate,

promote and protect the development of a framework for organizations and

individuals working for the promotion and respect of human rights consistent

with international law (Switzerland);

119.20. Refrain from adopting laws that have the effect of limiting the right

to freedom of expression and association (Belgium);

119.21. Refrain from adopting any legislation, such as the draft law on

“foreign agents” and the draft law on “dissemination of information about non-

traditional sexual relations” that will limit the fundamental rights to freedom of

expression, association and assembly (Denmark);

119.22. Abstain from the adoption of legislation limiting freedom of

association as protected by ICCPR, in particular legislation on “foreign agents”

(Netherlands);

119.23. Amend legislation in order to narrow down the criminal offences of

“extremist activities” in order to ensure that charges are not applied arbitrarily

and that freedom of expression as set out in the ICCPR is not restricted

(Germany);

119.24. Conform the recently adopted amendments to the Criminal Code to

international human rights standards, promptly investigate attacks on

journalists and human rights defenders and hold accountable the perpetrators

(Lithuania);

119.25. Ensure freedom of expression online and offline, including

guaranteeing freedom of the press and decriminalizing all defamation in the

Penal Code (Estonia);

119.26. Ensure the full realization of freedom of association and freedom of

expression and revise all legislation excessively restricting the work of civil

society, including the envisaged so-called “foreign agents” law stigmatizing and

crippling the work of NGOs (Czech Republic);

119.27. Refrain from any action incompatible with the non-discrimination of

religious and ethnic minorities as well as of LGBT persons (Switzerland);

119.28. Cease harassment and discrimination by police of members of ethnic

minorities and peaceful religious adherents under the pretext of combating

violent extremism, and grant registration to peaceful religious groups (United

States of America);

119.29. Continue working on implementing the programme on sustainable

development, a strategy adopted under the recent National Council for

Development, which is based on the interconnection between economic, social

and environmental processes, a strategy which is similar to that of Bhutan’s

middle path of sustainable development, which is also based on the premise

that economic, social and environmental forces are highly interdependent

(Bhutan).

120. All the conclusions and/or recommendations contained in the present report

reflect the position of the submitting State(s) and/or the State under review. They

should not be construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation

The delegation of Kyrgyzstan was headed by the Vice Prime Minister of the Kyrgyz

Republic, Mr. Abdyrakman Mamataliev and composed of the following members:

• Mr. Askar Beshimov, Deputy Minister of Foreign Affairs of the Kyrgyz Republic;

• Mrs. Natalia Nikitenko, Deputy of the Jogorku Kenesh (Parliament) the Kyrgyz

Republic;

• Mrs. Eristina Kochkarova, Deputy of the Jogorku Kenesh (Parliament) the Kyrgyz

Republic;

• Ambassador Gulnara Iskakova, Permanent Representative of the Kyrgyz Republic to

the United Nations Office and other International Organisations in Geneva;

• Mrs. Jyldyz Mambetalieva, Deputy Minister of Justice of the Kyrgyz Republic;

• Mr. Kursan Asanov, Deputy Minister of the Interior Affairs of the Kyrgyz Republic;

• Mrs. Zhylfyz Polotova, Deputy Minister of Social Development of the Kyrgyz

Republic;

• Mrs. Almash Altymysheva, Second Secretary of the Ministry of Foreign Affairs of

the Kyrgyz Republic;

• Mr. Malik Bekturganov, Head of Division of the Prosecutor General’s Office of the

Kyrgyz Republic;

• Mr. Aibek Shatenov, Deputy Director of the State Center for Forensic Enquiry under

the Ministry of Justice of the Kyrgyz Republic;

• Mrs. Zhamby Dzhusubaliev, Expert of the Coordination Council on Human Rights

of the Kyrgyz Republic;

• Mr. Aidit Erkin, Counsellor of the Permanent Representative of the Kyrgyz

Republic to the United Nations Office and other International Organisations in

Geneva.