Date: Sun, 12 Feb 1995 08:34:40 LCL
Sender: Former Soviet Republic - Central Asia Political Discussion List
From: Cevdet Seyhan <Cevdet_Seyhan@CENA.VOA.GOV>
Subject: KYRGZSTAN-state department report
US State Department Report
From Cevdet Seyhan <Cevdet_Seyhan@CENA.VOA.GOV>
12 February 1995
The Kyrgyz Republic became an independent state in 1991. Although the 1993
Constitution defines the form of government as a democratic republic with
substantial civil rights for its citizens, the President, Askar Akayev,
continues to dominate the Government. First elected President by the
Kyrgyzstan Supreme Soviet in 1990, he was "reelected" in a 1991 referendum in
which he was unopposed. His term of office was reaffirmed in a January 1994
referendum. Following a series of presidential decrees in September, an
October 22 national referendum approved constitutional amendments allowing the
Constitution to be amended by future referendums and calling for the formation
of a new 105-member bicameral Parliament. Parliamentary elections scheduled
for December 24 were postponed until February 1995.
The Committee on National Security (KNB) has inherited much of its personnel
and infrastructure from the Soviet Committee for State Security, or KGB. The
KNB Chairman is a member of the Cabinet. The KNB appears to be under the full
control of the Government, and it must conform its actions to the law.
The Kyrgyz Republic is a poor, very mountainous country, with a predominantly
agricultural economy highly dependent on trade with the other states of the
former Soviet Union. The Government is committed to establish a market
economy, encourage privatization, and attract foreign investment. In 1994 it
made significant progress in controlling inflation and stabilizing the
currency, but industrial production and the standard of living continued to
The major human rights question raised in 1994 was whether the Government was
manipulating the political system to ensure its retention of power. It closed
two newspapers that had criticized its policies and engineered a parliamentary
boycott, at least in part to prevent investigation of government corruption
and to create a more malleable legislative body. Other human rights problems
include executive branch domination of the judiciary (with concomitant lack of
protection against arbitrary detention and assurance of fair trial), and
In response to the exodus of the Russian-speaking people, the President issued
two decrees acknowledging that discrimination was one of the factors in their
decision to leave. In the same decrees, the President postponed the adoption
of Kyrgyz as the official language until the year 2005, made Russian
the official language for work in technical and scientific fields, and
recommitted the Government to fighting discrimination. The more than 40
percent of the population that is non-Kyrgyz welcomed this approach.
Nevertheless, discrimination by ethnic Kyrgyz government officials against
non-Kyrgyz citizens remained a common complaint of the Russian-speaking and
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
- a. Political and Extrajudicial Killing
- There were no reports of such killings.
- b. Disappearance
- There were no reports of disappearances or abductions attributable to
government authorities or others.
- c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
- Local independent newspapers have run numerous stories about police brutality.
In most instances, it involved police physically abusing suspects taken into
custody. In the fall of 1994, over the course of 1 month, the police detained
and beat two journalists. When the press questioned a government minister, he
said they had been beaten not as journalists but as citizens of Kyrgyzstan.
- d. Arbitrary Arrest, Detention, or Exile
- The judicial system continues to operate under the laws and procedures of the
Soviet period. The procurator's office determines who may be detained,
arrested, and prosecuted. The Ministry of the Interior, the KNB, and the
General Procurator's office carry out investigations. Since 1990 everyone
arrested or charged with a crime has the right to defense counsel. The
procurator's office responsible for the investigation often nominates the
defense counsel, who is required to visit the accused within the first 3 days
of initial incarceration. The old procedure, however, in which the accused
had access to defense counsel only after the case comes to trial, is often
- The Criminal Code permits the procurator to detain a suspect for up to 72
hours before releasing him or informing him of the crime he is suspected of
having committed. If the procurator elects to accuse a suspect, he must
immediately advise defense counsel of that decision. The accused remains in
detention while the procurator investigates the case and prepares to present
it to the court. At the procurator's discretion, he may keep the accused in
pretrial detention for up to 1 year. Upon expiration of the year, the
procurator must release the accused or ask the Parliament to extend the period
of detention. Since independence, there have been no known instances in which
the Supreme Soviet voted for such an extension. The procurator, not the
judge, is in charge of the criminal proceedings, and thus the courts continue
to be widely perceived as a rubber stamp for the procurator and not a
protector of citizens' rights. In addition, judges' salaries are abysmally
low, which has led to the ap
parently well- grounded view among the population that judges' decisions can be easily bought.
- e. Denial of Fair Public Trial
- The court system remains largely unreformed since the Soviet period. Once the
procurator is ready, he brings the case of the accused to court and tries it
before a judge and two people's assessors (pensioners or citizens chosen from
labor collectives). The accused and defense counsel have access to all
evidence gathered by the procurator. They attend all proceedings, which are
generally public, and are allowed to question witnesses and present evidence.
Witnesses do not recapitulate their testimony before the court; instead they
affirm or deny their statements in the procurator's files. Defendants in
criminal cases are treated in a demeaning manner by being kept in cages in the
- The court may render one of three decisions: innocent, guilty, or
indeterminate (i.e., the case is returned to the procurator for further
investigation). Both the defendant and the procurator may appeal the verdict
to the next higher court or to the General Procurator's office. However, the
decision of a court to return a case to the procurator for further
investigation may not be appealed, and the accused is returned to the
procurator's custody where he or she may remain under detention. The Court of
Appeal may review lower court decisions irrespective of whether a party to
the decision has appealed. Changes to the lower court's decision
frequently result in the imposition of a more severe penalty, and almost
invariably so in criminal cases.
- The Government has recognized the need to reform the system. Certain Western
practices, including the presumption of innocence of the accused, have been
introduced. However, a deteriorating economy and a system staffed largely by
officials trained during the Soviet period continued to impede reforms.
The appointment of ethnic Kyrgyz to key positions in the judicial system has
led to charges by non-Kyrgyz that the system is arbitrary and unfair, and that
the courts treat Kyrgyz more leniently than members of other groups. Although
systematic discrimination is not clearly evident, it is credible in individual
- f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
- The 1993 Constitution prohibits unlawful entry into a home against the wishes
of the occupant and states that a person's private life, privacy of
correspondence, and telephonic and telegraphic communications are protected by
law. Current law and procedures require the General Procurators's approval
for wiretaps, searches of homes, interception of mail, and similar procedures.
- Personnel and organizations responsible for violations during the Soviet period
have remained largely in place; however, no widespread and systematic
violations of the privacy of citizens were reported in 1994, but the local
press often cited harassment of individuals by police on the street as a
problem. Some citizens active in politics or interested in human rights
believe that the privacy of their communications was violated in 1994.
Credible evidence is not available.
Section 2 Respect for Civil Liberties, Including:
- a. Freedom of Speech and Press
- In 1994 the Government restricted these rights. In 1992 the Supreme Soviet
passed a law which calls for freedom of the press and mass media but also
provides guidelines proscribing publication of certain information. The law
supports the right of journalists to obtain information, to publish without
prior restraint, and to protect sources. However, it also contains provisions
that the Government used to restrict press freedom. For example, the law
prohibits publication of material that advocates war, violence, or intolerance
toward ethnic or religious groups; desecration of national norms, ethics, and
symbols like the national seal, anthem, or flag; publication of pornography;
and propagation of "false information." The law also states that the press
should not violate the privacy or dignity of individuals. It requires all
media to register with the Ministry of Justice and to await the Ministry's
approval before beginning to operate.
- While a few fully independent newspapers and magazines exist in the capital,
the Government continues to control the press in various ways. For example,
President Akayev in July sharply criticized the press for alleged
irresponsibility and proposed legal action to shut down the parliamentary
newspaper Svobodniye Gory. A Bishkek court in August ordered the closing of
Svobodniye Gory, which had been outspokenly critical of the President. The
newspaper's August 19 edition was impounded at the government printing house.
The procurator brought a suit against Svobodniye Gory for allegedly publishing
"deliberately distorted information aimed at discrediting the President,
circulating material which violates ethical norms, and deliberately insulting
the leaders of foreign states and their symbols, thus significantly damaging
the interests and integrity of the State and threatening its stability."
On August 19, the President issued a decree establishing a council on the
activities of the mass media. According to the government newspaper Slovo
Kyrgyzstan, "the council will help journalists in their work and prevent the
use of the media from causing political instability and upsetting interethnic
accord and civic peace." On August 23, the Ministry of Justice ordered the
state-owned printing house to stop printing the weekly newspaper Politika,
which had been a frequent critic of the President and the Government. The
Ministry of Justice claimed that Politika was not registered as a newspaper,
although it was a supplement to the legally registered newspaper Delo, whose
name appeared above Politika's masthead. Other newspapers, including
government ones, print weekly supplements without having them registered
- The Government owns all radio and television facilities, with the exception of
a television station in the capital, which runs mostly videos copied in
violation of international copyright laws, and two radio stations that play
music and report news. No prior restriction or censorship existed for the
electronic media during the first half of 1994, but Kyrgyz television remained
- b. Freedom of Peaceful Assembly and Association
- Under the 1993 Constitution, citizens have the right to assemble and associate
freely and did so without government interference. Permits are required for
public marches and gatherings but reportedly are routinely available.
- The 1991 Law on Public Organizations, which includes labor unions, political
parties, and cultural associations, requires them to register with the
Ministry of Justice. A bureaucratic mentality, carried over from the Soviet
period, is at least partly responsible for the difficulties some organizations
find in registering, although ultimately all organizations have been able to
- c. Freedom of Religion
- There are no governmental impediments to the revival and practice of all
- d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and
- Government policy supports free travel within and outside Kyrgyzstan. However,
certain policies imposed during the Soviet period remain in effect and
continue, to varying degrees, to restrict internal migration and resettlement
and impede citizens' ability to travel abroad.
- Under the Soviet-era law, citizens need official government permission
("propiska") to work and settle in a particular area of the country. Home and
apartment owners are legally restricted to selling their property to buyers
with such permission. However, this law has increasingly become irrelevant as
people for economic reasons relocate within the country, freely selling their
homes and businesses.
- There is no law on emigration. Administrative procedures permit movement of
people; however, citizens who apply for international passports must present a
letter of invitation from the country they intend to visit or to which they
intend to emigrate. This policy was instituted during the Soviet period and
impedes unrestricted foreign travel. There were no reports, however, that
citizens, after presenting such a letter, were denied a passport or an exit
visa. Emigrants reportedly were not prevented from returning to Kyrgyzstan.
- To ease the difficulties for the members of the Russian-
speaking minority to emigrate and to handle in a more systematic manner the
arrival of Tajik refugees, the Government began in 1993 to negotiate
agreements with both Russia and Tajikistan on management of the resettlement
process and protection of migrants' rights. Issues blocking the signing of a
bilateral agreement with Russia are the legal status of their respective
nationalities in each other's countries, and the procedure for allowing
individuals to regain their citizenship if they wish to return to Kyrgyzstan
once they have emigrated to Russia.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their
Citizens have the constitutional right to effect a peaceful change of
government but do not have the ability to do so. The Government has
maintained its hold on power by means of two one-sided referendums, the
closure of two newspapers, the manipulation of the Parliament's closure, and a
series of presidential decrees.
In January President Akayev asked that the people confirm through a referendum
their desire that he should complete his term of office. Few people took at
face value the Government's claim that 95.94 percent of the electorate had
voted and that 96.43 percent of these had cast ballots in favor of the
President. Most observers attribute these percentages to overzealousness on
the part of the President's circle of advisers and local officials, most of
whom employed Soviet-style methods to get out the vote and to make sure it was
In August the President asserted that Communists had caused a political crisis
by preventing the legislature from fulfilling its role. Many observers
suggested, however, that the Government was motivated by a desire to squelch
corruption investigations and create a more malleable Parliament. A majority
of deputies boycotted the last scheduled parliamentary session and prevented a
quorum, thus making it impossible for Parliament to conduct any legislative
business before its term expires on February 15, 1995. Deputies made public
claims of being instructed to sign a "boycott" statement. The September 7
edition of Vecherniy Bishkek quoted a number of purported "boycotters" who
said that they had never signed the document attributed to them in the
On September 20, the President issued a decree calling for a referendum to
amend the Constitution and announcing the formation of an election commission
composed of 15 people. However, Article 58 of the Constitution provides that
only Parliament may create a central election commission. The commission
appointed by the President consisted of
3 representatives of political parties, of whom 2 were members of parties
established by the Government, and 12 persons from organizations funded or
otherwise controlled by the Government.
On September 22, the President set forth by decree an outline of the structure
and functions of local government organs. However, Article 93 of the
Constitution provides that only laws, not decrees, can regulate the principles
of the organization and activity of local government, thus placing it under
the jurisdiction of the Parliament and not the President. In addition, the
President proposed that local government administrative officials be eligible
for election to the regional house of his newly proposed bicameral Parliament,
despite the Constitution's ban on parliamentary membership for such officials.
The decree also called for elections to local government organs to take place
on October 22, although the election districts had not yet been announced or
the candidates nominated.
On September 23, a presidential decree set October 22 as the date for a
national referendum, proposing two amendments to the Constitution. One
amendment stipulated that the Constitution could be changed by means of a
referendum (the Constitution at that time did not allow this). The other
amendment provided for a bicameral parliament, in which one house would have
35 permanently sitting members, the "lawmaking" house, while the other would
have 70 members convened periodically to approve the budget and confirm
presidential appointees. The decree provided that, based on the results of
the referendum, the future parliament would make "the appropriate changes and
additions" to five sections of the Constitution. The referendum contravened
the procedures set forth in Article 96 of the Constitution, which provide
clear guidelines for amending the Constitution. Both referendum questions
were approved by over 80 percent of the votes cast. The election commission
reported an 86-percent voter turnout.
Russian speakers also allege that a "ceiling" exists in government employment
which precludes their promotion beyond a certain level. The representation of
ethnic Kyrgyz at high and intermediate levels of government is proportionally
much greater than the percentage of ethnic Kyrgyz in the general population.
Russian speakers have been replaced in many positions in government, industry,
and education by ethnic Kyrgyz. This gives credence to perceptions that
career opportunities are limited for those who are not ethnic Kyrgyz.
There are no laws that restrict women or minorities from participating in
politics or government, and recently a women's party was registered in
Kyrgyzstan. However, out of the 22 ministries and state committees, ethnic
Kyrgyz men head all but 3; only 1 is headed by a woman.
Section 4 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
The Government does not restrict the activities of local human rights monitors
or the delegations and representatives of international and nongovernmental
human rights groups that visit Kyrgyzstan. There are two human rights groups,
the Kyrgyz-American Human Rights Bureau and the Human Rights Organization.
The former has publicly criticized the Government's violation of the
Constitution. In addition, in connection with the independent newspaper, Delo
No, it has publicly taken up the causes of those who appear to have suffered
injustices at the hands of the police.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or
The Government expresses strong commitment to protecting the rights of members
of all ethnic, religious, and linguistic groups as well as those of women.
Articles 15 to 20 of the Constitution protect the rights and freedom of
individuals and prohibit discrimination, including on the basis of language.
In an estimated population of 4.46 million, some 56.5 percent are Kyrgyz, 18.8
percent Russians, 13.5 percent Uzbeks, and the rest Ukrainians, Tajiks,
Kazakhs, and others.
The law gives equal status to women in Kyrgyzstan, and women are well
represented in the work force, professions, and institutions of higher
learning. In rural areas, women are still seen only in the role of homemaker,
mother, and wife. The press often reports abuse and violence against women,
which is usually associated with abuse of alcohol. Normal law enforcement
procedures are used in cases of domestic violence. The Government has not
established programs to address these issues.
In April Parliament ratified the U.N. Convention on Children. Since Parliament
did not convene in the fall, it did not adopt local laws to bring Kyrgyzstan
into compliance with the U.N. Convention. Authorities continue to rely on
former Soviet law in this sphere. There is no monitoring of children's rights
in Kyrgyzstan. Children in rural areas are commonly used to pick crops.
Reported complaints of discrimination center on the treatment of citizens who
are not ethnic Kyrgyz. These groups, which make up over 40 percent of the
population, are often called the Russian-speaking minority. Members of this
minority allege discrimination in hiring, promotion, and housing. They
complain that government officials at all levels favored ethnic Kyrgyz.
The 1993 Constitution designates Kyrgyz as the official language but provides
for the preservation and equal and free development of Russian and other
languages used in the country. However, many Russian speakers, particularly
ethnic Russians and Ukrainians, still feel disadvantaged because they cannot
speak Kyrgyz. They have called on the Government to adopt a policy of
bilingualism. The Government has not established a universally available
program of Kyrgyz instruction for adult non-Kyrgyz speakers, although limited
instruction is available.
In general, adults who do not speak the language do not demand Kyrgyz-language
instruction. On June 14, President Akayev issued a decree designed to protect
the rights of the Russian- speaking minority and thereby reduce the outflow of Russian speakers. The
decree states that the exodus of Russians from the country is caused by social
and political reasons--ethnic hostility and job discrimination--and is hurting
the national economy. The decree stipulates that the Russian language
will have official status alongside Kyrgyz in regions and at enterprises where
Russian speakers constitute a majority, as well as in sectors, such as health
services and technical sciences, where use of Russian is particularly
appropriate. It also provides for the fair representation of the
Russian-speaking population in the national Government, local state
administration, and on the boards of state organs and enterprises.
People with Disabilities
There is no special law to protect disabled individuals, nor any law mandating
accessibility. Former Soviet law continues to remain the basis for any
resolution of complaints. Government officials are inattentive to the issue,
partly due to the difficult economic situation and the state of the budget.
Section 6 Worker Rights
- a. The Right of Association
- The 1992 Labor Law provides for the right of all workers to form and belong to
trade unions, and there is no evidence that the Government tried to obstruct
the formation of independent unions. However, the Federation of Trade Unions
of the Kyrgyz Republic, successor to the former official union, remains the
sole trade union umbrella organization in the country. The same leaders are
in charge, managing the State's social fund and retaining the possession of
its previously held properties, as well as some of the resorts and sanatoriums
financed by the official Soviet trade union council.
- In 1994 the Federation continued to be critical of government policies,
especially its policy of privatization, and their impact on working class
living standards. Nevertheless, the Federation still regards itself as in a
process of transition in which it is adjusting its relations with the
Government, with other unions in the former Soviet Union, and with unions
abroad. The Federation remains affiliated to the Moscow-based General
Confederation of Trade Unions, which succeeded the Soviet-era All-Union
Central Council of Trade Unions.
- Nineteen of Kyrgyzstan's 20 union organizations are affiliated with the
Federation and claim a total membership of
1.4 million. The exception is the growing Union of Entrepreneurs and
Cooperative Members, which as of October claimed a membership of 100,000.
While the right to strike is not codified, strikes are not prohibited. In
1994 there were no strikes. The threat of a strike by miners in the south was
sufficient to induce the Government to address the group's concerns. There
were no retaliatory actions against this group, nor were there instances of
human rights abuses directed at unions or individual workers.
- The law permits unions to form and join federations and to affiliate with
international trade union bodies. The Labor Law calls for practices consistent
with international standards. Since independent unions are still in their
infancy, no meaningful affiliation with international trade union bodies has
- b. The Right to Organize and Bargain Collectively
- The law recognizes the right of unions to negotiate for better wages and
conditions. Although overall union structure and practice remain relatively
unchanged since the Soviet era, there is growing evidence of active union
participation in state-owned and privatized enterprises. However, the
Government sets wage levels by decree in most sectors of the economy, although
many state-owned factories have introduced systems of bonuses and other
incentives in keeping with the Government's commitment to develop a market
economy. In the private sector, employers set their own wage levels.
- The law protects union members from antiunion discrimination, and there were no
recorded instances of discrimination against anyone because of union
activities in 1994. However, because the old management and labor leadership
continues to dominate the labor movement, anyone who wishes to form an
independent union faces formidable obstacles. This, along with a
deteriorating economy, may discourage independent union activity. According
to Federation officials, in the course of the privatization process the
workers of some enterprises, possibly under pressure from management,
dissolved their primary trade union organizations. The Federation also cited
one example in which the organization charter of a newly privatized entity
precluded its workers from engaging in union activities.
- There are no export processing zones.
- c. Prohibition of Forced or Compulsory Labor
- The law forbids forced or compulsory labor, and it is not known to occur.
- d. Minimum Age for Employment of Children
- The minimum age for employment is 18 years. Students are allowed to work up to
6 hours per day in summer or in part-time jobs from the age of 16. The law
prohibits the use of child labor (under age 16); the Ministry of Education
monitors enforcement. However, families frequently call upon their children
to work to help support the family.
- e. Acceptable Conditions of Work
- The Government sets a national, legally mandated minimum wage at a level
theoretically sufficient to provide minimal subsistence. As of December 15,
the minimum wage was about $6.00 (68 soms) per month. In practice, even the
higher median wage is considered insufficient to assure a decent standard of
living for a worker and family. The Federation is responsible for enforcing
all labor laws, including the Law on Minimum Wages. As the Government
provides the overwhelming proportion of employment, minimum wage regulations
are largely observed. However, enforcement of labor laws is nonexistent in
the growing underground economy. Market forces help wages in the unofficial
sector to keep pace with official wage scales.
- The standard workweek is 41 hours, usually within a 5-day week. For
state-owned industries, there is a mandatory 24-hour rest period in the
- Safety and health conditions in factories are poor. The deteriorating
hindered enforcement of existing regulations and prevented investment to
improve health and safety standards. The April 1992 law established
occupational health and safety standards, as well as enforcement procedures.
Besides government inspection teams, trade unions are assigned active roles in
assuring compliance with these measures, but once again the rapidly
deteriorating economic situation in the country has made the compliance record
of businesses spotty.