Address by Ms. Kyung-wha Kang, United Nations Deputy High Commissioner for Human Rights to the 17th session of the Human Rights Council -Introduction of the Report of the High Commissioner for Human Rights on technical assistance and cooperation on human rights for Kyrgyzstan

Geneva, 16 June 2011

Mr. President,
Distinguished Members of the Human Rights Council,
Excellencies,
Ladies and Gentlemen,

I have the honor to present the High Commissioner’s report on Kyrgyzstan, in line with the resolution adopted by this Council in June last year.  The report outlines the technical cooperation and assistance activities undertaken by the OHCHR Regional Office for Central Asia based in Bishkek, through advice, guidance and support to the Government; as well as the work of its mission team in Osh in the aftermath of the June 2010 inter ethnic violence. 

At the outset, I would like to commend the Government of Kyrgyzstan for the commitment it demonstrated during the past year to strengthen the national human rights protection system, through new government initiatives aimed at bringing national legislation in line with international human rights standards, in fulfillment of its human rights obligations.  OHCHR has supported such initiatives, through various means, and is ready to work with the respective state institutions on the development of policies and practice to ensure the implementation of new laws in full respect of human rights.

Excellencies,

Since April 2010, Kyrgyzstan had seen unprecedented violence and political turmoil. In response to this, and to assist the Government in addressing the human rights challenges on the ground, OHCHR deployed a mission to Osh, which has since then provided protection through its presence and has kept the High Commissioner and myself informed of human rights developments.

Despite the efforts of the Government to address human rights issues, a number of serious concerns persist.  In the aftermath of the June 2010 violence, there were numerous reports of discriminatory practices by law enforcement bodies towards ethnic minorities, particularly in the Osh region.  Law enforcement activities in the aftermath of the June events have raised questions about ethnic bias and have routinely been accompanied by the use of arbitrary detention and ill-treatment and torture of detainees.  Prosecutorial and judicial authorities have failed to investigate allegations of torture and ill-treatment of defendants.  The use and practice of torture, as with other human rights concerns, whilst it became acute in the south of the country, has been a long-standing concern nationwide.  For that reason, we welcome the recent decision of the General Prosecutor to instruct prosecutorial authorities to promptly respond to and investigate all allegations of torture and ill-treatment and to foster measures to prevent such practices.  This underscores the government’s renewed commitment to implement national legislation that prohibits torture.  OHCHR fully supports this decision and looks forward to its faithful implementation.  In Osh and Jalal-Abad, our team is already working closely with the Province and City Prosecutors and human rights defenders, including lawyers, to foster cooperation and communication on alleged ill-treatment and torture, to help identify effective preventive measures and to support the respect for judicial guarantees in the conduct of police investigations.  This is an important step in the ongoing work carried out by OHCHR to support the passage of draft legislation on a national preventive mechanism, and thereby moving towards the implementation of the Optional Protocol to the Convention against Torture (OPCAT), which was ratified by Kyrgyzstan on 29 December 2008.

Serious deficiencies in the administration of justice pose a major impediment to confidence in the rule of law throughout Kyrgyzstan, and in particular in ensuring accountability for perpetrators of crimes committed during the June 2010 violence in the south.  The judicial system must maintain its impartiality irrespective of the ethnicity of victims, lawyers and defendants.  Trials monitored by OHCHR have highlighted grave concerns with due process, the independence of the judiciary, security for defendants, their lawyers and court officials.  Justice is hard to obtain for both victims of the June violence and for defendants who allege that they confessed under duress and with no legal representation.  The lack of public confidence in the rule of law, the continued culture of official impunity and lack of mechanisms for redress will only intensify resentment and inter communal tensions, to the detriment of reconciliation efforts, long term stability and peace.  We call on the Government to take immediate steps to address deficiencies in the due process and protection of fair trial rights for detainees.
 
Reports of continued discriminatory practices towards Kyrgyzstan’s various national and ethnic minorities are deeply troublesome, particularly as the country moves into the politically charged atmosphere of a Presidential campaign.  We are watching with concern the increasingly strident nationalist tone of some leading politicians. Kyrgyzstan is a multi-ethnic country, with over 70 national and ethnic minorities.  Such diversity should enrich a country.  Discrimination on any grounds, including ethnicity, remains a major obstacle to the realization of human rights, the empowerment of the vulnerable and to a peaceful future.

If discrimination and intolerance are allowed to fester, they may escalate into further communal violence and even large-scale conflict.  The Government of Kyrgyzstan should, therefore, ensure the sustainable and equitable development of society, based on common values and equal participation of all nationalities in every aspect of society.

These are just some of the areas outlined in the report.  The High Commissioner has formulated a set of recommendations for all of them, which should be seen in conjunction with the 2010 UPR recommendations accepted by Kyrgyzstan, as well as complementing observations and recommendations from treaty bodies and special procedures.  The Government can continue to rely on OHCHR’s assistance to implement these recommendations in close coordination with the UN Country Team, regional organizations and other relevant partners – especially with respect to ensuring a comprehensive strategy for strengthening rule of law institutions.

Excellencies,

In addition to the technical assistance and cooperation described in the report, I would like to highlight further activities of OHCHR in the country since the submission of the report in early March.  To mention a few:

1. Consultations and provision of expert opinion have taken place for both government officials and parliamentarians on legislative reform of the judiciary, the draft housing code, the concepts for ethnic development and consolidation.
2. Expertise has been provided to enable the Government to engage further with UN human rights mechanisms.  The Regional Office for Central Asia had taken steps to support the visit of the UN Special Rapporteur on Torture proposed in April and was disappointed when it was postponed by the Government; the Office stands ready to assist all parties following an agreed date for this mission in the near future.
3. In the aftermath of the June 201
4. 0 violence, accountability and reconciliation are key elements for a culture of stability and peace.  The various reports into the June 2010 violence, including the Kyrgyzstan Inquiry Commission, possess a common goal that encompasses these aims.  As noted by the High Commissioner in her statement on the final report of the Kyrgyzstan Inquiry Commission, there can be no lasting reconciliation without justice, and we believe that the report sets out a viable path to achieving both.  The Government’s comments on the report and subsequent action indicated its intention to implement the Commission’s recommendations.  These should be viewed in conjunction with those of other reports, including the High Commissioner’s report to this session of the Council as well as the UPR recommendations.  In this, and in all other aspects noted in this report, OHCHR is ready to assist the Government in fulfilling its responsibilities for the promotion and protection of human rights.

Finally, I take this opportunity to thank the government of Kyrgyzstan for its close cooperation with OHCHR and its Regional Office in Bishkek.

Thank you.