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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF KYRGYZSTAN
03 August 2007
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Committee on elimination
of Racial Discrimination
3 August 2007
The Committee on the Elimination of Racial Discrimination has considered the second to fourth periodic reports of Kyrgyzstan on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.
Presenting the report, Muktar Djumaliev, Permanent Representative of Kyrgyzstan to the United Nations Office at Geneva, said that Kyrgyzstan had been working intensively with the Office of the High Commissioner for Human Rights (OHCHR) to improve the human rights situation in the country. In April, Kyrgyzstan had had a visit of the High Commissioner for Human Rights Louise Arbour. That was very important for Kyrgyzstan and there had been a very positive evaluation of that visit. Kyrgyzstan had agreed to open an office of OHCHR in Kyrgyzstan, and a memorandum of understanding was being drafted to that effect. That augured well for cooperation between the United Nations and Kyrgyzstan on human rights in general. Also worthy of note had been the holding of a seminar on the implementation of human rights treaties, with the attendance of representatives of all the Government ministries. In that connection, the Government reported each year to Parliament on the situation with regard to fulfilment of Kyrgyzstan of its obligations under the many human rights treaties to which it was a party.
In preliminary concluding observations, Luis Valencia Rodriguez, the Committee Expert who served as country Rapporteur for the report of Kyrgyzstan, summarized a number of points referred to in the debate, including the role of the Assembly of the Kyrgyz Nation in actions to ensure inter-ethnic harmony; the mass media, and laws controlling hate speech; redress for individuals whose rights had been violated; and discrimination in the labour sphere. The issue of refugees had been the subject of lengthy discussion. In that context, the Uzbeki refugee situation related to the Andijan events; the situation of Uighur asylum-seekers; the Kyrgyz Refugee Law; and Kyrgyzstan's procedure for and handling of asylum requests, including through its work with UNHCR, had been mentioned. Other topics had included the importance of combating poverty; the right of national minorities to be taught in their native languages; what differences there were between citizens and non-citizens in Kyrgyzstan under the laws; minority representation in Government and other spheres; and internal migration, in particular with regard to its effect on inter-ethnic tensions.
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, what was the relationship between state, official and minority languages and what was the difference in their status; and concerns that members of the Uighur minority fleeing from China were not granted asylum. Several Experts commented that the report was overly analytical, and contained a lack of information about the situation on the ground with regard to racial discrimination. An Expert was concerned that, although there had been deaths as the result of ethnic conflicts, those conflicts were not treated by the Government as issues of racial discrimination, and investigated as such. Several Experts noted a disjuncture between the Criminal Code, which provided penalties for acts of racism, and the lack of application of those laws. In that connection, it was recalled that the rarity of complaints of racial discrimination was not held by the Committee as evidence of an absence of racism.
The delegation of Kyrgyzstan also included the Deputy Permanent Representative of the Permanent Mission of Kyrgyzstan to the United Nations Office at Geneva, and representatives of the State Agency on Religious Issues, and the Office of the Prosecutor General.
The Committee will present its written observations and recommendations on the second to fourth combined periodic reports of Kyrgyzstan at the end of its session, which concludes on 18 August.
At the end of the morning, the Committee held an exchange of views with Jose Dougan Beaca, Head of the Anti-Discrimination Unit of the Office of the United Nations High Commissioner for Human Rights, on follow-up to the Durban Declaration and Programme of Action. The upcoming Preparatory Committee for the Durban Review Conference, to be held in Geneva from 27 to 31 August 2007, and the preparation of complementary norms or standards to strengthen and update international instruments against racism were discussed.
When the Committee reconvenes at 3 p.m. this afternoon, it is scheduled to take up the second to twelfth periodic reports of Mozambique (CERD/C/MOZ/12).
Report of Kyrgyzstan
More than 90 ethnic groups were present in Kyrgyzstan at the beginning of 2004, including Kyrgyz (67.4 per cent), Uzbeks (14.2 per cent), Russians (10.3 per cent), and others (8.1 per cent), according to the combined second to fourth periodic reports of Kyrgyzstan (CERD/C/KGZ/4). Under the “Kyrgyzstan, Our Common Home” programme, the Kyrgyz Government is taking steps to establish ethnic cultural centres, foster freedom of communication in all languages and uphold the right to education, employment and equal participation in social and political life, and establish ethnically-based general education schools, children’s institutions and higher educational facilities (for example, the Boris Yeltsin Kyrgyz-Russian Slavonic University and the Ataturk Alatoo International Russian-Turkish University). Ethnic cultural centres are currently operating around the country, and ethnic groups living in tight-knit communities (Dungans, Germans, Uighurs and others) have their own newspapers and schools with instruction in their native language. They have the right to broadcast on State television and radio. All ethnic minorities and ethnic groups have equal rights and responsibilities as regards the satisfaction of their religious requirements, and in this respect they resemble the rest of the population.
In upholding the basic rights of refugees, Kyrgyzstan has established an ongoing partnership with a number of international organizations including the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM). The Refugees Act was adopted on 25 March 2002, which, in the view of UNHCR, fully conforms to international standards. With support from international organizations, a number of projects designed to integrate refugees into society are being implemented in areas with large refugee populations. UNHCR has helped to open schools for refugee children in Bishkek and the village of Chet-Bulak in Batken district. Permanent job opportunities have been created, namely a sewing workshop in Kok-Yangak in Jalalabad province, an IOM-sponsored project to provide vocational education to refugee children in Osh province, and the planting of 20,000 saplings in Panfilov district for future use as construction timber for refugee homes. Efforts are being made to organize communal employment projects for refugees, and refugees have equal employment rights.
Presentation of Report
MUKTAR DJUMALIEV, Permanent Representative of Kyrgyzstan to the United Nations Office at Geneva, said that Kyrgyzstan had been working intensively with the Office of the High Commissioner for Human Rights (OHCHR) to improve the human rights situation in the country. In April, Kyrgyzstan had had a visit of the High Commissioner for Human Rights Louise Arbour. That was very important for Kyrgyzstan and there had been a very positive evaluation of that visit. Kyrgyzstan had agreed to open an office of OHCHR in Kyrgyzstan, and a memorandum of understanding was being drafted to that effect. That augured well for cooperation between the United Nations and Kyrgyzstan on human rights in general.
Also worthy of note, Mr. Djumaliev said, had been the holding of a seminar on the implementation of human rights treaties, with the attendance of representatives of all the Government ministries. In that connection, the Government reported each year to Parliament on the situation with regard to fulfilment of Kyrgyzstan of its obligations under the many human rights treaties to which it was a party.
Response by the Delegation to Written Questions Submitted in Advance
Responding to the list of issues submitted by the Committee in advance, the delegation said that, with regard to the rights of non-citizens, Stateless persons were understood as those that did not have Kyrgyz nationality and had no proof of citizenship of another State. All foreign citizens were equal under the law of Kyrgyzstan, regardless of considerations of property, racial, ethnic or other issues. Foreign citizens in Kyrgyzstan, for their part, had the duty to respect the Constitution, laws and customs of the State.
With respect to asylum status, the granting of such status was within the purview of the President. Foreigners were able to work in Kyrgyzstan, if they had been granted the right to do so. Foreigners had the right to inviolability of their domicile and to move freely throughout the country, as conditioned by security and health concerns. Foreigners were also required to pay taxes, unless otherwise provided by law.
There had been no examples of cases brought in Kyrgyzstan that had directly invoked the Convention, the delegation said, although there were many cases in which international norms had been cited.
As to whether Kyrgyzstan intended to adopt an anti-discrimination law, Kyrgyzstan took the position that its current legal system sufficiently protected its inhabitants from discrimination.
The delegation said that the mandate of the Commission on Human Rights, established in July 2007, was to be a consultative organ, to assist the President of the Kyrgyz Republic in exercising his constitutional powers as guarantor of human and civil rights and freedoms; to promote more effective arrangements for upholding human and civil rights and freedoms; and to develop cooperation with organizations involved in protecting human rights and freedoms. In discharging its mandate, the Commission, among others, considered communications from individuals; prepared a national plan of action and a strategy to enforce the provisions of the Constitution, the laws and the generally accepted international legal norms in the sphere of human rights; compiled annual and ad hoc reports on respect for human rights for submission to the President; and coordinated activities of public bodies and non-governmental organizations connected with education, and publication material on human rights.
The Ombudsman, as set out in its statutory mandate, aimed to protect human and civil rights and freedoms as proclaimed in the Constitution, laws and adopted international agreements; to ensure observance of and respect for the human and civil rights and freedoms; to prevent violations of such rights and freedoms; to improve and further develop international cooperation for the protection of human and civil rights and freedoms; to prevent any forms of discrimination in the exercise of human rights and freedoms; and to foster awareness of the law among the public at large and protect confidential information about individuals. Therefore, the Human Rights Commission and the Ombudsman were both mandated to consider complaints by individuals on human rights violations, the delegation said. It was Kyrgyzstan's position that those organs did not duplicate each other, but promoted synergies in protecting fundamental rights and freedoms.
Regarding efforts to promote ethnic harmony undertaken by the Assembly of the Kyrgyz Nation, the delegation said the Assembly's mandate was to promote public awareness of the shared history and long-term common interests of the ethnic groups that made up the Kyrgyz nation and fostered interaction between and mutual enrichment of their cultures. It fostered the activities of ethnic cultural community groups; and it encouraged ethnic minorities to exercise their right to take part in community and public life. It was under the aegis of the Assembly that many of the cultural events mentioned in the report had been organized.
In terms of prosecutions and convictions for acts of racial discrimination, the delegation said that under article 134 (dealing with violations of equality on the basis of race, among others), there had not yet been any investigations undertaken to date. Under article 299 (on incitement to racial hatred), investigations had been carried out against eight individuals, all of whom received various penalties, including imprisonment.
On the Law on Mass Media, prohibiting and punishing hate speech through the media, the delegation said that there were over 1,500 media in Kyrgyzstan, including 939 newspapers and 266 magazines. So far no crimes had been investigated under this law.
Turning to refugee issues, in 2002 a Law on Refugees had been adopted. A total of 20,549 asylum-seekers had been registered in Kyrgyzstan since 1993, of whom 18,126 had been officially recognized as refugees. In October 2004, there had been 6,490 refugees in Kyrgyzstan, including 5,911 from Tajikistan, 569 from Afghanistan, 4 from Iran, and 6 from Iraq. A total of 627 foreigners had been registered as asylum-seekers, including more than 400 Chechens. Following events in Andijan in mid-May 2005, UNHCR had accorded refugee status to 451 Uzbek citizens in Kyrgyz territory. As a long-term solution to the dilemma facing those individuals, in July 2005 the Kyrgyz Government had consented to the initial transfer, under international protection, of 44 Uzbek citizens to third countries, and to the transfer of a second party of 11 Uzbeks in September 2005. On 2 August 2005, four Uzbek citizens had appealed against the decision by the Kyrgyz Migration Service to refuse them refugee status. Subsequently, a request had been received from the Prosecutor's Office in Uzbekistan that those four Uzbekis be extradited for serious crimes committed in that country. Those reports were thoroughly investigated, including through a country visit. One of the four asylum-seekers had twice been convicted of drug offences and sentenced to long terms. He had not been involved in the Andijan events, but had escaped with that group. The others had participated directly in the Andijan events, killing a prosecutor in a very violent way. It had been decided to refuse them refugee status; however, they were given full legal protections, including the right of appeal. The four Uzbekis had used that process, appealing all the way up to the High Court.
In August 2006, the High Court upheld the Migration Service's ruling to deny refugee status, the delegation said. Those four citizens had since been deported back to Uzbekistan, following a written guarantee from the Government and the Prosecutor's Office of Uzbekistan that those individuals would receive full legal guarantees. At present, the cases had been submitted to court in Uzbekistan and a decision was pending.
On the question of ethnic clashes that took place in February 2006 in Iskra between Kyrgyz and Dungan communities, it was true that there had been armed groups rioting and shooting. The real question was whether the law enforcement agents had acted in a timely fashion to address the clashes. The Government had set up a State commission, and a commission of inquiry, headed by a member of the Dungan minority. Today the situation had returned to normal; the situation had calmed down and those responsible for violent acts were being investigated. Indeed, the incident had not so much been a case of an ethnic clash as the kind of fight that might occur among youth gangs.
In terms of representation of the Uzbek minority, the delegation said that some 10 to 11 per cent of Parliament in Kyrgyzstan were of Uzbek nationality. Also, according to the Constitution, any citizen over 18 years old was eligible to vote in national and local elections. There was no problem with the base of national representation of legal minorities in Kyrgyzstan, and they were well represented.
As to reports that the number of inter-ethnic marriages had fallen and the reason for that, the delegation said that it was far from clear that inter-ethnic marriages were declining in Kyrgyzstan. The delegation would appreciate hearing how those statistics were gathered.
Concerning anti-terrorism activities and human rights guarantees, in particular restrictions on the activities of some Islamic groups on its territory, the delegation said those restrictions had been imposed as those groups had been determined to be terrorist groups. Kyrgyzstan was a party to the Shanghai Cooperation Organization Convention, which obligated parties to take measures to prevent weapons from reaching the hands of terrorists. Kyrgyzstan also took part in international cooperation with a view to preventing terrorist acts spreading, including bilateral and multilateral projects, with Interpol, among others.
With regard to practical measures taken to ensure the enjoyment by persons belonging to ethnic and national minorities of the rights set out in the Convention, in particular the right to work, the delegation said that the Constitution provided for the right to work, and the labour laws prevented discrimination based on a number of grounds, including gender, race and ethnicity, and also provided for equal pay for equal work.
On employment for refugees, Article 13 of the Law on Refugees stated that refugees had the right to work, in conformity with Kyrgyzstan labour laws, and that they could establish their own businesses and conclude contracts, the delegation said.
In terms of measures to promote inter-ethnic dialogue, in the south of Kyrgyzstan the two main groups were Uzbek and Kyrgyz. Those groups had their own newspapers and equal access to government radio and television programmes. In addition, there were many cultural centres that had been set up to foster dialogue, through the celebration of cultural events, and other means. The situation in the south was stable and was not the subject of any concern for the Government, the delegation concluded.
As to school curricula and textbooks, at present the Government was reviewing a national plan of action on education for all. The Government welcomed the Committee's input and suggestions on how that plan could be improved to further promote the history and culture of different ethnic groups.
Oral Questions Raised by the Rapporteur and Experts
LUIS VALENCIA RODRIGUEZ, the Committee Expert serving as country Rapporteur for the report of Kyrgyzstan, said the overview and the answers provided had demonstrated a considerable improvement of the implementation of the Convention in Kyrgyzstan. Given its ethnic and linguistic make up, a large effort was necessarily required by the Government. In that connection, there were over 11,000 non-governmental organizations in Kyrgyzstan, and he would appreciate further information on their role in promoting and protecting human rights in the country.
As to the Human Rights Commission, Mr. Valencia Rodriguez wondered if it had received any complaints by citizens that their rights under the Convention had been violated. Also, had the Commission received any complaints with regard to the many incidents of ethnic tensions that had been reported?
Turning to the 14 January 2001 Presidential decree to improve the effective enjoyment of human rights of citizens, Mr. Valencia Rodriguez asked for information on how that decree had impacted on the implementation of the Convention.
Noting that the Assembly of the Kyrgyz Nation had held a number of seminars on issues affecting inter-ethnic harmony and the rights of ethnic groups, Mr. Valencia Rodriguez wondered if the results of those seminars had been disseminated.
Mr. Valencia Rodriguez noted with appreciation the many laws in Kyrgyzstan that provided for the prohibition of hate speech or fostering ethnic or racial discrimination in the media. That was to be commended, as was the information provided on prosecutions under those laws.
As regards labour relations, Mr. Valencia Rodriguez wondered if foreigners, asylum-seekers and refugees could participate in labour unions on the same footing as regular citizens.
As for the asylum-seekers involved in the Andijan events, Mr. Valencia Rodriguez stressed the urgent necessity of preventing the deportation of those individuals back to their country, as they were at risk of being tortured. UNHCR had clearly stated that asylum-seekers involved in the Andijan events should urgently be resettled in third countries.
As to education in minority languages, Mr. Valencia Rodriguez observed that, while the Government policy was that everyone had the right to receive an education in one of four minority languages, it had been reported that most people who did not speak Russian were not able to receive vocational training. Could the delegation comment on that?
On housing, information had been received that, with regard to ethnic minority groups, foreigners, refugees and asylum-seekers, certain nationalities were receiving preferential treatment when it came to renting.
Also, in shadow reports there had been numerous cases cited of discrimination faced by minorities with regard to the public service, including insulting brochures, and employment discrimination. Mr. Valencia Rodriguez wondered what was the punishment for such cases of discrimination against individuals by civil servants.
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, what was the relationship between state, official and minority languages and what was the difference in their status; clarification on rights of non-citizens, as the Constitution and other laws appeared to guarantee a number of rights to citizens only; and concerns that members of the Uighur minority fleeing from China were not granted asylum.
Several Experts commented that the report was overly analytical, and contained a lack of information about the situation on the ground with regard to racial discrimination. An Expert invited Kyrgyzstan to use its next report as an opportunity for a true review of the situation with regard to discrimination in the country, and to assess the current challenges Kyrgyzstan was facing in that regard. In that context, an Expert wanted to know to what extent non-governmental organizations had been involved in the drafting of the report.
An Expert was concerned that, although there had been deaths as the result of ethnic conflicts, those conflicts were not treated by the Government as issues of racial discrimination, and investigated as such.
Several Experts noted a disjuncture between the Criminal Code, which provided penalties for acts of racism, in article 299 (on incitement to racial hatred) and article 134 (on violations of equality), and the lack of application of those laws. It was recalled that a rarity of complaints of racial discrimination was not held by the Committee as evidence of an absence of racism. It was not always a positive indicator; it could often be the result of fear of reprisal, or a lack of dissemination about what recourse was available for those suffering from discrimination.
Response by Delegation to Oral Questions
Addressing concerns expressed, the delegation said, with regard to the role of non-governmental organizations (NGOs) in Kyrgyzstan, it was worthwhile once again to note that there were 11,000 NGOs for a population of 5 million, which was a clear indication of the Government's position with regard to working with them. That involvement included working with NGOs in drafting periodic reports to human rights treaty bodies, such as the present report before the Committee. NGOs also worked closely with the President's office and with the Ombudsman.
Responding to a request for statistics on complaints of violations of the Convention in Kyrgyzstan, the delegation said that the Prosecutor’s Office received some 18,000 complaints annually – on everything from illegal detention, to the infringement of social rights, to land disputes – but there had been no registered complaints to date regarding violations of rights under the Convention.
In terms of cultural policies, the delegation said the Assembly of the Kyrgyz Nation was the main body for combining community-based and official efforts to support inter-ethnic harmony and civil peace in Kyrgyzstan. Under the Assembly some 31 national cultural centres and associations had been established devoted to its activities. Since it had been established, the Assembly and its constituent organizations had maintained contacts with the Organization for Security and Cooperation in Europe (OSCE) structures involved in supporting ethnic development and inter-ethnic relations. The OSCE High Commissioner on National Minorities was the primary focal point for this cooperation.
The first international seminar on inter-ethnic relations and regional cooperation had been held in Bishkek in May 1995 under the auspices of the Kyrgyz Government, facilitated by the OSCE High Commissioner. The agenda had been varied, and the event constituted a first step towards a deeper understanding of the reality of inter-ethnic relations today. The OSCE High Commissioner on National Minorities was in regular contact with authorities in Kyrgyzstan and outside organizations and provided advice on this issue. Under the auspices of the Assembly and with support from the OSCE High Commissioner, two further seminars had been organized in 1996 and 1997 on the subject of inter-ethnic relations.
The delegation also noted that, on 1 July 2007, a new criminal procedures law had entered into force, so that all procedural matters such as searches and detentions were taken by the courts.
Regarding prohibition of hate speech in the media, an article that had been published in a newspaper that had said "all Uighurs are terrorists" had received official condemnation. It had also been open to individuals to make a complaint of a violation of their rights in court; but they did not. Another case involved a publication dedicated to fight the spread of AIDS, "The Healthy Lifestyle" book, which included pictures showing how to use condoms. That publication had been strongly opposed by Muslim communities, and a Muslim leader, in criticizing the book, had used racial slurs. The Government had encouraged the author of the publication to pursue his rights in the courts and to complain; but he would not.
In response to what Kyrgyzstan was doing to combat extreme poverty, the delegation said that the Government had implemented a comprehensive development programme, with the support of non-governmental organizations, international development organizations, and the private sector. The programme covered all forms of economic, social and cultural activities, and was a comprehensive approach to solving poverty.
On the issue of access to medical services, that was based on having a "propiska", or registration certificate. The delegation admitted that it was a problem, and that the propiska system was a remnant of the old Soviet system. However, anyone in the country, citizen or foreigner, could receive medical treatment if they were able to pay.
There were not enough textbooks in Kyrgyz, as well as other languages, the delegation admitted. However, that was not an issue of discrimination, but had been the result of a lack of resources. For that reason, the President signed a decree in 2003, following the suggestion of the OSCE High Commissioner on National Minorities, to form a working group to recommend a new curriculum.
The Refugee Law established criteria for all citizens of other nationalities who wished to apply for refugee status, the delegation said. A person might not be recognized as a refugee if there were serious reasons to believe that that person had committed war crimes or genocide, or a serious non-political crime; if there was no reason to believe that such a person would be under threat if they returned to their country of origin; or if that person had an order of protection from a third country, to which they could be returned.
As far as the Chinese Uighurs were concerned, they were subject to the same law, and their asylum requests received individual scrutiny. There was certainly no systematic refusal of refugee status to Uighurs, the delegation insisted. It was true that there were considerable delays in processing asylum claims, and that had been the subject of a numerous complaints. At one point, a number of Chinese citizens who had committed serious crimes in China had escaped to Kyrgyzstan. The Chinese Prosecutor's Office had sent the Kyrgyz Authorities information about those individuals and had requested extradition. That request had been complied with.
Regarding languages for legal proceedings, proceedings were always conducted in the national (Kyrgyz) or official language (Russian). Parties to proceedings who were not fluent in the language of the proceedings had the right to make statements, give evidence, submit petitions, consult the case-file and address the court in their native language and to use the services of an interpreter.
The National Programme on Our Common Home had resulted in clear progress in terms of inter-ethnic harmony and the unity and cohesiveness of Kyrgyzstan, the delegation said. That programme provided for measures for cultural centres, the right to education, equal participation by ethnic minorities and others. All State bodies had drafted plans of action in accord with that programme. Moreover, it had encouraged the full participation of ethnic minorities in all public processes, and in particular elections, and a higher participation by minorities in elections had been noted.
Responding on the different languages used and their status in Kyrgyzstan, the delegation explained that Kyrgyz was the national language, and Russian was used as the official language. All people in Kyrgyzstan were able to use their own languages, however, and there was no discrimination and no bar in the public sphere for those who could only communicate in their own language. It was important to note that, while not all national minorities spoke the Kyrgyz language, virtually all of them spoke Russian. Also, in all schools there were mandatory classes in both the national and the official languages
In terms of representation of ethnic minorities in the government, civil service and the police, the delegation said that there was good representation of ethnic minorities in those spheres. The Prime Minister was a Russian, a Justice Minister was a Korean, 10 per cent of the Parliament was Uzbek. Another case in point was the Dungan community. Of the some 90,000 Dungans in Kyrgyzstan, it was possible to find members in the executive, in government bodies, in law enforcement, and the prosecutor's office.
As for internal migration, most of that phenomenon involved people moving to Bishkek, the capital. That included both Kyrgyz nationals and other ethnic groups.
Further Oral Questions Posed by Experts
An Expert, while he recognized that the refugee legislation in Kyrgyzstan provided for equal treatment of all non-nationals applying for refugee status, said that, nevertheless, reports had been received that Chinese, Chechen and Uzbek nationals had received discriminatory treatment in the context of the asylum process. The delegation had said that the Uzbek refugee situation was over, following the granting of refugee status in May 2005 to over 400 Uzbekis. However, information had been received that no positive decisions on Uzbek asylum claims had been made. Moreover, in 2006, the situation of Uzbek refugees had reportedly deteriorated, with cases of refusal of asylum and deportation, as well as disappearances and abductions of registered Uzbek refugees from Kyrgyzstan.
Another Expert then clarified that the question about internal migration had been linked to issues of inter-ethnic tension and the outbreak of conflicts. The Committee had received a number of reports that such conflicts were frequent. In that regard, the Committee needed disaggregated data on ethnic origin and language. An Expert said that was particularly important with regard to criminal statistics.
An Expert said there was an apparent need to better inform the public of their rights and recourse with regard to violations of their rights, including information about the provisions of the Convention.
Replies by the Delegation
Responding to those questions and others, the delegation said that the report had been short on statistics. However, a Kyrgyz Statistical Committee had worked with an agency from the United Kingdom to work out demographic data, including gender-based data, and that report would be submitted to the Committee.
As to the claim that recently there had been a considerable worsening of the situation with regard to refugees, the delegation said that, this year, with one exception, there had been no extraditions in Kyrgyzstan. That one exception involved an individual who had committed a crime on the territory of Uzbekistan and who was extradited.
As for the existence of inter-ethnic conflicts, those appeared to often be centred on land issues, in particular, cases of illegal land seizures. To address that situation, the Government was working on reforming its legislation to prevent such seizures.
Preliminary Concluding Observations
In preliminary concluding observations, LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country Rapporteur for the report of Kyrgyzstan, thanked the delegation for its comprehensive presentation and the replies to the questions raised.
Mr. Valencia Rodriguez then summarized a number of points referred to in the debate, including the role played by the 11,000 non-governmental organizations in Kyrgyzstan, in particular in drafting human rights guidelines and periodic reports; the role of the Assembly of the Kyrgyz Nation in actions to ensure inter-ethnic harmony; the mass media, and laws controlling hate speech; redress for individuals whose rights had been violated; and discrimination in the labour sphere.
The issue of refugees had been the subject of lengthy discussion, Mr. Valencia Rodriguez observed. The Uzbeki refugee situation related to the Andijan events; the situation of Uighur asylum-seekers; the Kyrgyz Refugee Law; and Kyrgyzstan's procedure for and handling of asylum requests, including through its work with UNHCR, had been mentioned. Other topics had included the importance of combating poverty; the right of national minorities to be taught in their native languages; what differences there were between citizens and non-citizens in Kyrgyzstan under the laws; minority representation in Government and other spheres; and internal migration, in particular with regard to its effect on inter-ethnic tensions.
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For use of the information media; not an official record
of Racial Discrimination
3 August 2007
The Committee on the Elimination of Racial Discrimination has considered the second to fourth periodic reports of Kyrgyzstan on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.
Presenting the report, Muktar Djumaliev, Permanent Representative of Kyrgyzstan to the United Nations Office at Geneva, said that Kyrgyzstan had been working intensively with the Office of the High Commissioner for Human Rights (OHCHR) to improve the human rights situation in the country. In April, Kyrgyzstan had had a visit of the High Commissioner for Human Rights Louise Arbour. That was very important for Kyrgyzstan and there had been a very positive evaluation of that visit. Kyrgyzstan had agreed to open an office of OHCHR in Kyrgyzstan, and a memorandum of understanding was being drafted to that effect. That augured well for cooperation between the United Nations and Kyrgyzstan on human rights in general. Also worthy of note had been the holding of a seminar on the implementation of human rights treaties, with the attendance of representatives of all the Government ministries. In that connection, the Government reported each year to Parliament on the situation with regard to fulfilment of Kyrgyzstan of its obligations under the many human rights treaties to which it was a party.
In preliminary concluding observations, Luis Valencia Rodriguez, the Committee Expert who served as country Rapporteur for the report of Kyrgyzstan, summarized a number of points referred to in the debate, including the role of the Assembly of the Kyrgyz Nation in actions to ensure inter-ethnic harmony; the mass media, and laws controlling hate speech; redress for individuals whose rights had been violated; and discrimination in the labour sphere. The issue of refugees had been the subject of lengthy discussion. In that context, the Uzbeki refugee situation related to the Andijan events; the situation of Uighur asylum-seekers; the Kyrgyz Refugee Law; and Kyrgyzstan's procedure for and handling of asylum requests, including through its work with UNHCR, had been mentioned. Other topics had included the importance of combating poverty; the right of national minorities to be taught in their native languages; what differences there were between citizens and non-citizens in Kyrgyzstan under the laws; minority representation in Government and other spheres; and internal migration, in particular with regard to its effect on inter-ethnic tensions.
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, what was the relationship between state, official and minority languages and what was the difference in their status; and concerns that members of the Uighur minority fleeing from China were not granted asylum. Several Experts commented that the report was overly analytical, and contained a lack of information about the situation on the ground with regard to racial discrimination. An Expert was concerned that, although there had been deaths as the result of ethnic conflicts, those conflicts were not treated by the Government as issues of racial discrimination, and investigated as such. Several Experts noted a disjuncture between the Criminal Code, which provided penalties for acts of racism, and the lack of application of those laws. In that connection, it was recalled that the rarity of complaints of racial discrimination was not held by the Committee as evidence of an absence of racism.
The delegation of Kyrgyzstan also included the Deputy Permanent Representative of the Permanent Mission of Kyrgyzstan to the United Nations Office at Geneva, and representatives of the State Agency on Religious Issues, and the Office of the Prosecutor General.
The Committee will present its written observations and recommendations on the second to fourth combined periodic reports of Kyrgyzstan at the end of its session, which concludes on 18 August.
At the end of the morning, the Committee held an exchange of views with Jose Dougan Beaca, Head of the Anti-Discrimination Unit of the Office of the United Nations High Commissioner for Human Rights, on follow-up to the Durban Declaration and Programme of Action. The upcoming Preparatory Committee for the Durban Review Conference, to be held in Geneva from 27 to 31 August 2007, and the preparation of complementary norms or standards to strengthen and update international instruments against racism were discussed.
When the Committee reconvenes at 3 p.m. this afternoon, it is scheduled to take up the second to twelfth periodic reports of Mozambique (CERD/C/MOZ/12).
Report of Kyrgyzstan
More than 90 ethnic groups were present in Kyrgyzstan at the beginning of 2004, including Kyrgyz (67.4 per cent), Uzbeks (14.2 per cent), Russians (10.3 per cent), and others (8.1 per cent), according to the combined second to fourth periodic reports of Kyrgyzstan (CERD/C/KGZ/4). Under the “Kyrgyzstan, Our Common Home” programme, the Kyrgyz Government is taking steps to establish ethnic cultural centres, foster freedom of communication in all languages and uphold the right to education, employment and equal participation in social and political life, and establish ethnically-based general education schools, children’s institutions and higher educational facilities (for example, the Boris Yeltsin Kyrgyz-Russian Slavonic University and the Ataturk Alatoo International Russian-Turkish University). Ethnic cultural centres are currently operating around the country, and ethnic groups living in tight-knit communities (Dungans, Germans, Uighurs and others) have their own newspapers and schools with instruction in their native language. They have the right to broadcast on State television and radio. All ethnic minorities and ethnic groups have equal rights and responsibilities as regards the satisfaction of their religious requirements, and in this respect they resemble the rest of the population.
In upholding the basic rights of refugees, Kyrgyzstan has established an ongoing partnership with a number of international organizations including the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM). The Refugees Act was adopted on 25 March 2002, which, in the view of UNHCR, fully conforms to international standards. With support from international organizations, a number of projects designed to integrate refugees into society are being implemented in areas with large refugee populations. UNHCR has helped to open schools for refugee children in Bishkek and the village of Chet-Bulak in Batken district. Permanent job opportunities have been created, namely a sewing workshop in Kok-Yangak in Jalalabad province, an IOM-sponsored project to provide vocational education to refugee children in Osh province, and the planting of 20,000 saplings in Panfilov district for future use as construction timber for refugee homes. Efforts are being made to organize communal employment projects for refugees, and refugees have equal employment rights.
Presentation of Report
MUKTAR DJUMALIEV, Permanent Representative of Kyrgyzstan to the United Nations Office at Geneva, said that Kyrgyzstan had been working intensively with the Office of the High Commissioner for Human Rights (OHCHR) to improve the human rights situation in the country. In April, Kyrgyzstan had had a visit of the High Commissioner for Human Rights Louise Arbour. That was very important for Kyrgyzstan and there had been a very positive evaluation of that visit. Kyrgyzstan had agreed to open an office of OHCHR in Kyrgyzstan, and a memorandum of understanding was being drafted to that effect. That augured well for cooperation between the United Nations and Kyrgyzstan on human rights in general.
Also worthy of note, Mr. Djumaliev said, had been the holding of a seminar on the implementation of human rights treaties, with the attendance of representatives of all the Government ministries. In that connection, the Government reported each year to Parliament on the situation with regard to fulfilment of Kyrgyzstan of its obligations under the many human rights treaties to which it was a party.
Response by the Delegation to Written Questions Submitted in Advance
Responding to the list of issues submitted by the Committee in advance, the delegation said that, with regard to the rights of non-citizens, Stateless persons were understood as those that did not have Kyrgyz nationality and had no proof of citizenship of another State. All foreign citizens were equal under the law of Kyrgyzstan, regardless of considerations of property, racial, ethnic or other issues. Foreign citizens in Kyrgyzstan, for their part, had the duty to respect the Constitution, laws and customs of the State.
With respect to asylum status, the granting of such status was within the purview of the President. Foreigners were able to work in Kyrgyzstan, if they had been granted the right to do so. Foreigners had the right to inviolability of their domicile and to move freely throughout the country, as conditioned by security and health concerns. Foreigners were also required to pay taxes, unless otherwise provided by law.
There had been no examples of cases brought in Kyrgyzstan that had directly invoked the Convention, the delegation said, although there were many cases in which international norms had been cited.
As to whether Kyrgyzstan intended to adopt an anti-discrimination law, Kyrgyzstan took the position that its current legal system sufficiently protected its inhabitants from discrimination.
The delegation said that the mandate of the Commission on Human Rights, established in July 2007, was to be a consultative organ, to assist the President of the Kyrgyz Republic in exercising his constitutional powers as guarantor of human and civil rights and freedoms; to promote more effective arrangements for upholding human and civil rights and freedoms; and to develop cooperation with organizations involved in protecting human rights and freedoms. In discharging its mandate, the Commission, among others, considered communications from individuals; prepared a national plan of action and a strategy to enforce the provisions of the Constitution, the laws and the generally accepted international legal norms in the sphere of human rights; compiled annual and ad hoc reports on respect for human rights for submission to the President; and coordinated activities of public bodies and non-governmental organizations connected with education, and publication material on human rights.
The Ombudsman, as set out in its statutory mandate, aimed to protect human and civil rights and freedoms as proclaimed in the Constitution, laws and adopted international agreements; to ensure observance of and respect for the human and civil rights and freedoms; to prevent violations of such rights and freedoms; to improve and further develop international cooperation for the protection of human and civil rights and freedoms; to prevent any forms of discrimination in the exercise of human rights and freedoms; and to foster awareness of the law among the public at large and protect confidential information about individuals. Therefore, the Human Rights Commission and the Ombudsman were both mandated to consider complaints by individuals on human rights violations, the delegation said. It was Kyrgyzstan's position that those organs did not duplicate each other, but promoted synergies in protecting fundamental rights and freedoms.
Regarding efforts to promote ethnic harmony undertaken by the Assembly of the Kyrgyz Nation, the delegation said the Assembly's mandate was to promote public awareness of the shared history and long-term common interests of the ethnic groups that made up the Kyrgyz nation and fostered interaction between and mutual enrichment of their cultures. It fostered the activities of ethnic cultural community groups; and it encouraged ethnic minorities to exercise their right to take part in community and public life. It was under the aegis of the Assembly that many of the cultural events mentioned in the report had been organized.
In terms of prosecutions and convictions for acts of racial discrimination, the delegation said that under article 134 (dealing with violations of equality on the basis of race, among others), there had not yet been any investigations undertaken to date. Under article 299 (on incitement to racial hatred), investigations had been carried out against eight individuals, all of whom received various penalties, including imprisonment.
On the Law on Mass Media, prohibiting and punishing hate speech through the media, the delegation said that there were over 1,500 media in Kyrgyzstan, including 939 newspapers and 266 magazines. So far no crimes had been investigated under this law.
Turning to refugee issues, in 2002 a Law on Refugees had been adopted. A total of 20,549 asylum-seekers had been registered in Kyrgyzstan since 1993, of whom 18,126 had been officially recognized as refugees. In October 2004, there had been 6,490 refugees in Kyrgyzstan, including 5,911 from Tajikistan, 569 from Afghanistan, 4 from Iran, and 6 from Iraq. A total of 627 foreigners had been registered as asylum-seekers, including more than 400 Chechens. Following events in Andijan in mid-May 2005, UNHCR had accorded refugee status to 451 Uzbek citizens in Kyrgyz territory. As a long-term solution to the dilemma facing those individuals, in July 2005 the Kyrgyz Government had consented to the initial transfer, under international protection, of 44 Uzbek citizens to third countries, and to the transfer of a second party of 11 Uzbeks in September 2005. On 2 August 2005, four Uzbek citizens had appealed against the decision by the Kyrgyz Migration Service to refuse them refugee status. Subsequently, a request had been received from the Prosecutor's Office in Uzbekistan that those four Uzbekis be extradited for serious crimes committed in that country. Those reports were thoroughly investigated, including through a country visit. One of the four asylum-seekers had twice been convicted of drug offences and sentenced to long terms. He had not been involved in the Andijan events, but had escaped with that group. The others had participated directly in the Andijan events, killing a prosecutor in a very violent way. It had been decided to refuse them refugee status; however, they were given full legal protections, including the right of appeal. The four Uzbekis had used that process, appealing all the way up to the High Court.
In August 2006, the High Court upheld the Migration Service's ruling to deny refugee status, the delegation said. Those four citizens had since been deported back to Uzbekistan, following a written guarantee from the Government and the Prosecutor's Office of Uzbekistan that those individuals would receive full legal guarantees. At present, the cases had been submitted to court in Uzbekistan and a decision was pending.
On the question of ethnic clashes that took place in February 2006 in Iskra between Kyrgyz and Dungan communities, it was true that there had been armed groups rioting and shooting. The real question was whether the law enforcement agents had acted in a timely fashion to address the clashes. The Government had set up a State commission, and a commission of inquiry, headed by a member of the Dungan minority. Today the situation had returned to normal; the situation had calmed down and those responsible for violent acts were being investigated. Indeed, the incident had not so much been a case of an ethnic clash as the kind of fight that might occur among youth gangs.
In terms of representation of the Uzbek minority, the delegation said that some 10 to 11 per cent of Parliament in Kyrgyzstan were of Uzbek nationality. Also, according to the Constitution, any citizen over 18 years old was eligible to vote in national and local elections. There was no problem with the base of national representation of legal minorities in Kyrgyzstan, and they were well represented.
As to reports that the number of inter-ethnic marriages had fallen and the reason for that, the delegation said that it was far from clear that inter-ethnic marriages were declining in Kyrgyzstan. The delegation would appreciate hearing how those statistics were gathered.
Concerning anti-terrorism activities and human rights guarantees, in particular restrictions on the activities of some Islamic groups on its territory, the delegation said those restrictions had been imposed as those groups had been determined to be terrorist groups. Kyrgyzstan was a party to the Shanghai Cooperation Organization Convention, which obligated parties to take measures to prevent weapons from reaching the hands of terrorists. Kyrgyzstan also took part in international cooperation with a view to preventing terrorist acts spreading, including bilateral and multilateral projects, with Interpol, among others.
With regard to practical measures taken to ensure the enjoyment by persons belonging to ethnic and national minorities of the rights set out in the Convention, in particular the right to work, the delegation said that the Constitution provided for the right to work, and the labour laws prevented discrimination based on a number of grounds, including gender, race and ethnicity, and also provided for equal pay for equal work.
On employment for refugees, Article 13 of the Law on Refugees stated that refugees had the right to work, in conformity with Kyrgyzstan labour laws, and that they could establish their own businesses and conclude contracts, the delegation said.
In terms of measures to promote inter-ethnic dialogue, in the south of Kyrgyzstan the two main groups were Uzbek and Kyrgyz. Those groups had their own newspapers and equal access to government radio and television programmes. In addition, there were many cultural centres that had been set up to foster dialogue, through the celebration of cultural events, and other means. The situation in the south was stable and was not the subject of any concern for the Government, the delegation concluded.
As to school curricula and textbooks, at present the Government was reviewing a national plan of action on education for all. The Government welcomed the Committee's input and suggestions on how that plan could be improved to further promote the history and culture of different ethnic groups.
Oral Questions Raised by the Rapporteur and Experts
LUIS VALENCIA RODRIGUEZ, the Committee Expert serving as country Rapporteur for the report of Kyrgyzstan, said the overview and the answers provided had demonstrated a considerable improvement of the implementation of the Convention in Kyrgyzstan. Given its ethnic and linguistic make up, a large effort was necessarily required by the Government. In that connection, there were over 11,000 non-governmental organizations in Kyrgyzstan, and he would appreciate further information on their role in promoting and protecting human rights in the country.
As to the Human Rights Commission, Mr. Valencia Rodriguez wondered if it had received any complaints by citizens that their rights under the Convention had been violated. Also, had the Commission received any complaints with regard to the many incidents of ethnic tensions that had been reported?
Turning to the 14 January 2001 Presidential decree to improve the effective enjoyment of human rights of citizens, Mr. Valencia Rodriguez asked for information on how that decree had impacted on the implementation of the Convention.
Noting that the Assembly of the Kyrgyz Nation had held a number of seminars on issues affecting inter-ethnic harmony and the rights of ethnic groups, Mr. Valencia Rodriguez wondered if the results of those seminars had been disseminated.
Mr. Valencia Rodriguez noted with appreciation the many laws in Kyrgyzstan that provided for the prohibition of hate speech or fostering ethnic or racial discrimination in the media. That was to be commended, as was the information provided on prosecutions under those laws.
As regards labour relations, Mr. Valencia Rodriguez wondered if foreigners, asylum-seekers and refugees could participate in labour unions on the same footing as regular citizens.
As for the asylum-seekers involved in the Andijan events, Mr. Valencia Rodriguez stressed the urgent necessity of preventing the deportation of those individuals back to their country, as they were at risk of being tortured. UNHCR had clearly stated that asylum-seekers involved in the Andijan events should urgently be resettled in third countries.
As to education in minority languages, Mr. Valencia Rodriguez observed that, while the Government policy was that everyone had the right to receive an education in one of four minority languages, it had been reported that most people who did not speak Russian were not able to receive vocational training. Could the delegation comment on that?
On housing, information had been received that, with regard to ethnic minority groups, foreigners, refugees and asylum-seekers, certain nationalities were receiving preferential treatment when it came to renting.
Also, in shadow reports there had been numerous cases cited of discrimination faced by minorities with regard to the public service, including insulting brochures, and employment discrimination. Mr. Valencia Rodriguez wondered what was the punishment for such cases of discrimination against individuals by civil servants.
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, what was the relationship between state, official and minority languages and what was the difference in their status; clarification on rights of non-citizens, as the Constitution and other laws appeared to guarantee a number of rights to citizens only; and concerns that members of the Uighur minority fleeing from China were not granted asylum.
Several Experts commented that the report was overly analytical, and contained a lack of information about the situation on the ground with regard to racial discrimination. An Expert invited Kyrgyzstan to use its next report as an opportunity for a true review of the situation with regard to discrimination in the country, and to assess the current challenges Kyrgyzstan was facing in that regard. In that context, an Expert wanted to know to what extent non-governmental organizations had been involved in the drafting of the report.
An Expert was concerned that, although there had been deaths as the result of ethnic conflicts, those conflicts were not treated by the Government as issues of racial discrimination, and investigated as such.
Several Experts noted a disjuncture between the Criminal Code, which provided penalties for acts of racism, in article 299 (on incitement to racial hatred) and article 134 (on violations of equality), and the lack of application of those laws. It was recalled that a rarity of complaints of racial discrimination was not held by the Committee as evidence of an absence of racism. It was not always a positive indicator; it could often be the result of fear of reprisal, or a lack of dissemination about what recourse was available for those suffering from discrimination.
Response by Delegation to Oral Questions
Addressing concerns expressed, the delegation said, with regard to the role of non-governmental organizations (NGOs) in Kyrgyzstan, it was worthwhile once again to note that there were 11,000 NGOs for a population of 5 million, which was a clear indication of the Government's position with regard to working with them. That involvement included working with NGOs in drafting periodic reports to human rights treaty bodies, such as the present report before the Committee. NGOs also worked closely with the President's office and with the Ombudsman.
Responding to a request for statistics on complaints of violations of the Convention in Kyrgyzstan, the delegation said that the Prosecutor’s Office received some 18,000 complaints annually – on everything from illegal detention, to the infringement of social rights, to land disputes – but there had been no registered complaints to date regarding violations of rights under the Convention.
In terms of cultural policies, the delegation said the Assembly of the Kyrgyz Nation was the main body for combining community-based and official efforts to support inter-ethnic harmony and civil peace in Kyrgyzstan. Under the Assembly some 31 national cultural centres and associations had been established devoted to its activities. Since it had been established, the Assembly and its constituent organizations had maintained contacts with the Organization for Security and Cooperation in Europe (OSCE) structures involved in supporting ethnic development and inter-ethnic relations. The OSCE High Commissioner on National Minorities was the primary focal point for this cooperation.
The first international seminar on inter-ethnic relations and regional cooperation had been held in Bishkek in May 1995 under the auspices of the Kyrgyz Government, facilitated by the OSCE High Commissioner. The agenda had been varied, and the event constituted a first step towards a deeper understanding of the reality of inter-ethnic relations today. The OSCE High Commissioner on National Minorities was in regular contact with authorities in Kyrgyzstan and outside organizations and provided advice on this issue. Under the auspices of the Assembly and with support from the OSCE High Commissioner, two further seminars had been organized in 1996 and 1997 on the subject of inter-ethnic relations.
The delegation also noted that, on 1 July 2007, a new criminal procedures law had entered into force, so that all procedural matters such as searches and detentions were taken by the courts.
Regarding prohibition of hate speech in the media, an article that had been published in a newspaper that had said "all Uighurs are terrorists" had received official condemnation. It had also been open to individuals to make a complaint of a violation of their rights in court; but they did not. Another case involved a publication dedicated to fight the spread of AIDS, "The Healthy Lifestyle" book, which included pictures showing how to use condoms. That publication had been strongly opposed by Muslim communities, and a Muslim leader, in criticizing the book, had used racial slurs. The Government had encouraged the author of the publication to pursue his rights in the courts and to complain; but he would not.
In response to what Kyrgyzstan was doing to combat extreme poverty, the delegation said that the Government had implemented a comprehensive development programme, with the support of non-governmental organizations, international development organizations, and the private sector. The programme covered all forms of economic, social and cultural activities, and was a comprehensive approach to solving poverty.
On the issue of access to medical services, that was based on having a "propiska", or registration certificate. The delegation admitted that it was a problem, and that the propiska system was a remnant of the old Soviet system. However, anyone in the country, citizen or foreigner, could receive medical treatment if they were able to pay.
There were not enough textbooks in Kyrgyz, as well as other languages, the delegation admitted. However, that was not an issue of discrimination, but had been the result of a lack of resources. For that reason, the President signed a decree in 2003, following the suggestion of the OSCE High Commissioner on National Minorities, to form a working group to recommend a new curriculum.
The Refugee Law established criteria for all citizens of other nationalities who wished to apply for refugee status, the delegation said. A person might not be recognized as a refugee if there were serious reasons to believe that that person had committed war crimes or genocide, or a serious non-political crime; if there was no reason to believe that such a person would be under threat if they returned to their country of origin; or if that person had an order of protection from a third country, to which they could be returned.
As far as the Chinese Uighurs were concerned, they were subject to the same law, and their asylum requests received individual scrutiny. There was certainly no systematic refusal of refugee status to Uighurs, the delegation insisted. It was true that there were considerable delays in processing asylum claims, and that had been the subject of a numerous complaints. At one point, a number of Chinese citizens who had committed serious crimes in China had escaped to Kyrgyzstan. The Chinese Prosecutor's Office had sent the Kyrgyz Authorities information about those individuals and had requested extradition. That request had been complied with.
Regarding languages for legal proceedings, proceedings were always conducted in the national (Kyrgyz) or official language (Russian). Parties to proceedings who were not fluent in the language of the proceedings had the right to make statements, give evidence, submit petitions, consult the case-file and address the court in their native language and to use the services of an interpreter.
The National Programme on Our Common Home had resulted in clear progress in terms of inter-ethnic harmony and the unity and cohesiveness of Kyrgyzstan, the delegation said. That programme provided for measures for cultural centres, the right to education, equal participation by ethnic minorities and others. All State bodies had drafted plans of action in accord with that programme. Moreover, it had encouraged the full participation of ethnic minorities in all public processes, and in particular elections, and a higher participation by minorities in elections had been noted.
Responding on the different languages used and their status in Kyrgyzstan, the delegation explained that Kyrgyz was the national language, and Russian was used as the official language. All people in Kyrgyzstan were able to use their own languages, however, and there was no discrimination and no bar in the public sphere for those who could only communicate in their own language. It was important to note that, while not all national minorities spoke the Kyrgyz language, virtually all of them spoke Russian. Also, in all schools there were mandatory classes in both the national and the official languages
In terms of representation of ethnic minorities in the government, civil service and the police, the delegation said that there was good representation of ethnic minorities in those spheres. The Prime Minister was a Russian, a Justice Minister was a Korean, 10 per cent of the Parliament was Uzbek. Another case in point was the Dungan community. Of the some 90,000 Dungans in Kyrgyzstan, it was possible to find members in the executive, in government bodies, in law enforcement, and the prosecutor's office.
As for internal migration, most of that phenomenon involved people moving to Bishkek, the capital. That included both Kyrgyz nationals and other ethnic groups.
Further Oral Questions Posed by Experts
An Expert, while he recognized that the refugee legislation in Kyrgyzstan provided for equal treatment of all non-nationals applying for refugee status, said that, nevertheless, reports had been received that Chinese, Chechen and Uzbek nationals had received discriminatory treatment in the context of the asylum process. The delegation had said that the Uzbek refugee situation was over, following the granting of refugee status in May 2005 to over 400 Uzbekis. However, information had been received that no positive decisions on Uzbek asylum claims had been made. Moreover, in 2006, the situation of Uzbek refugees had reportedly deteriorated, with cases of refusal of asylum and deportation, as well as disappearances and abductions of registered Uzbek refugees from Kyrgyzstan.
Another Expert then clarified that the question about internal migration had been linked to issues of inter-ethnic tension and the outbreak of conflicts. The Committee had received a number of reports that such conflicts were frequent. In that regard, the Committee needed disaggregated data on ethnic origin and language. An Expert said that was particularly important with regard to criminal statistics.
An Expert said there was an apparent need to better inform the public of their rights and recourse with regard to violations of their rights, including information about the provisions of the Convention.
Replies by the Delegation
Responding to those questions and others, the delegation said that the report had been short on statistics. However, a Kyrgyz Statistical Committee had worked with an agency from the United Kingdom to work out demographic data, including gender-based data, and that report would be submitted to the Committee.
As to the claim that recently there had been a considerable worsening of the situation with regard to refugees, the delegation said that, this year, with one exception, there had been no extraditions in Kyrgyzstan. That one exception involved an individual who had committed a crime on the territory of Uzbekistan and who was extradited.
As for the existence of inter-ethnic conflicts, those appeared to often be centred on land issues, in particular, cases of illegal land seizures. To address that situation, the Government was working on reforming its legislation to prevent such seizures.
Preliminary Concluding Observations
In preliminary concluding observations, LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country Rapporteur for the report of Kyrgyzstan, thanked the delegation for its comprehensive presentation and the replies to the questions raised.
Mr. Valencia Rodriguez then summarized a number of points referred to in the debate, including the role played by the 11,000 non-governmental organizations in Kyrgyzstan, in particular in drafting human rights guidelines and periodic reports; the role of the Assembly of the Kyrgyz Nation in actions to ensure inter-ethnic harmony; the mass media, and laws controlling hate speech; redress for individuals whose rights had been violated; and discrimination in the labour sphere.
The issue of refugees had been the subject of lengthy discussion, Mr. Valencia Rodriguez observed. The Uzbeki refugee situation related to the Andijan events; the situation of Uighur asylum-seekers; the Kyrgyz Refugee Law; and Kyrgyzstan's procedure for and handling of asylum requests, including through its work with UNHCR, had been mentioned. Other topics had included the importance of combating poverty; the right of national minorities to be taught in their native languages; what differences there were between citizens and non-citizens in Kyrgyzstan under the laws; minority representation in Government and other spheres; and internal migration, in particular with regard to its effect on inter-ethnic tensions.
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