GENEVA (26 November 2014) – A group of United Nations human rights experts* have urged the Parliament of Kyrgyzstan to reject a bill that would introduce criminal and administrative sanctions for acts aimed at forming “a positive attitude towards non-traditional sexual orientation.”
“Instead of adopting legislation which de facto condemns lesbian, gay, bisexual and transgender (LGBT) communities to silence, the authorities should be fighting against all forms of violence and discrimination in Kyrgyzstan,” the independent experts said.
“The UN has already documented violence and discrimination against LGBT people in Kyrgyzstan and shown how similar laws in other countries have led to targeted abuse and violence against LGBT persons,” they noted.
The draft law passed its first reading at Parliament last month, and must be voted on twice more before going to the President for signature. “If passed, the law would run afoul of the Kyrgyzstan’s human rights obligations and commitments,” they noted.
The explanatory note accompanying the bill defines non-traditional sexual relations as ‘sodomy, lesbianism, and other forms of non-traditional sexual behavior’. It proscribes the dissemination of information in the media and internet, as well as the organization and participation in peaceful assemblies on these issues.
Punishment includes fines up to 3,000-6,000 som (USD 36 to 91 – the average worker’s salary in Kyrgyzstan is around USD 140 a month) and between six months to one year of imprisonment.
“Limiting freedom of expression is only acceptable in very exceptional circumstances and based on objective criteria – this is clearly not the case here,” UN Special Rapporteur on the freedom of opinion and expression David Kaye said. “Imposing limits to the dissemination of information on ‘non-traditional sexual relations’ simply means silencing those who identify as LGBT and, indeed, any discussion of the situation of the LGBT community in the country.”
“Rejecting one’s right to organize a public assembly on the basis of its content is one of the most serious interferences with the freedom of peaceful assembly,” UN Special Rapporteur on the freedom of peaceful assembly and of association Maina Kiai said. “The freedom of assembly protects demonstrations promoting ideas that may be seen as annoying or offensive by others.”
The UN Special Rapporteur on the situation of human rights defenders, Michel Forst, also warned that “the draft law not only discriminates against a specific subset of the population, but would also chill the legitimate work of human rights defenders advocating for the human rights of the LGBT community.”
“The full enjoyment of the right to health is impossible without access to information and open discussion on sexual and reproductive rights,” said Dainius Puras, the UN Rapporteur on the right to health. “The Bill as it stands would inhibit such access, as well as the possibility of free and open discussion on sexual and reproductive health and rights,” he added. In his view, in addition to targeting the LGBTI community, the bill would infringe upon the overall enjoyment of the right to health in Kyrgyzstan.
The group of experts recalled two recent Human Rights Council resolutions condemning acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity.
“Adopting new laws banning any expression on LGBT issues is certainly not the response needed to ensure better support and protection for the human rights of this group, which is often stigmatized and at risk,” they concluded.
(*) The experts: The Special Rapporteur on the promotion and protection of the right to freedom or opinion and expression, David Kaye; the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai; the Special Rapporteur on the situation of human rights defenders, Michel Forst; and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Dainius Puras.
The United Nations human rights experts are part of what it is known as ‘Special Procedures’, the largest body of independent experts in the UN Human Rights system. ‘Special Procedures’ is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. Learn more, log on to: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx
For more information, visit:
Freedom of expression: http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
Freedom of assembly: http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx
Human rights defenders: http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx
Right to health: http://www.ohchr.org/EN/Issues/Health/Pages/SRRightHealthIndex.aspx
OHCHR Country Page – Kyrgyzstan: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/KGIndex.aspx
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