Written statement by International Partnership for Human Rights (Belgium); Kazakhstan International Bureau for Human Rights and Rule of Law (Kazakhstan); the Legal Prosperity Foundation (Kyrgyzstan); Nota Bene, Independent Center for Human Rights Protection and the Lawyers’ Association of Pamir (Tajikistan); Turkmen Initiative for Human Rights (Turkmenistan, based in exile in Austria); and the Association for Human Rightsin Central Asia (Uzbekistan, established by political emigres in France) to the 2017 OSCE Human Dimension Implementation Meeting.[1]
The space for civil society to operate in Central Asia remains
restricted and the situation has deteriorated further in a number of respects
in the past year. In the context of the protracted economic downturn and other recent
developments, Central Asian governments have pursued those who scrutinize and
criticize their policies. Government-organized, high-profile international
events such as the EXPO in Kazakhstan and the Asiada Games in Turkmenistan have
prompted the authorities to step up efforts to stifle criticism rather than to
ease pressure. Uzbekistan’s new president has
taken some, limited steps to break with the repressive practice of his predecessor
but has yet to initiate systematic, meaningful human rights reform. In Kyrgyzstan,
free speech and civil society action have come under serious attack ahead of the October 2017 presidential
elections as the outgoing president seeks to preserve his legacy. In
Tajikistan, the authorities continue to restrict fundamental rights in the name of
safeguarding national security and stability, a trend which is seen across the
region.
We call on the Central Asian authorities
to stop limiting civil society space and to stop viewing the peaceful exercise
of freedom of expression, association and assembly as a threat. The authorities
should listen to and work together with civil society actors who draw attention
to shortcomings of state policies rather than silencing them.
Below we describe major current concerns
in each of the five Central Asian countries and provide
recommendations to the authorities of these countries.
There
were hopes that Kazakhstan’s authorities would take steps to decrease pressure
on civil society in connection with the EXPO-2017, an international exhibition
held in Astana in June-September 2017 designed to improve the country’s
international image. Sadly, however, the crackdown on dissenting voices has
continued unabated in recent months.
The
authorities have continued to detain, prosecute and imprison
civil society activists, trade union leaders, independent journalists, social
media users and other outspoken individuals in retaliation for their exercise
of freedom of expression and other fundamental freedoms. Currently
over a dozen such individuals are in prison on politically motivated grounds.
Among these are trade union leaders Nurbek Kushakbayev and Amin Yeleusinov, who
were convicted over a workers’ hunger strike launched to protest against the
January 2017 court decision to close down the country’s largest independent
trade union. Civil society activists Max Bokayev and Talgat Ayan remain behind
bars after being imprisoned in November 2016 for their involvement in nation-wide
protests against land reforms. The UN Working Group on Arbitrary Detention
recently deemed their detention unlawful, concluding that it resulted from
their exercise of freedom of expression and assembly and called for their
immediate release.[2]
A number of activists, journalists and bloggers who have escaped imprisonment
have been subjected to years of restrictions on their freedom of movement and
civic engagement. One example is that of Larisa Kharkova, who was prosecuted
following a court order closing the independent trade union federation she led.
Zhanbolat Mamay, editor in chief of an opposition newspaper, was also sentenced
to court-imposed restrictions on his freedom and banned from journalist
activities for three years when he was found guilty on spurious money
laundering charges on 7 September 2017.[3]
The few remaining independent and opposition media
outlets face ongoing pressure, including punitive defamation lawsuits initiated
by public figures. New draft legislation on the media approved by the
government in May 2017 threatens to further undermine opportunities for
independent journalism in the country, e.g. by introducing broadly worded
requirements for journalists to verify the accuracy of information and to
obtain consent for the publication of information considered to entail private
or commercial secrets. Other new draft legislation proposed by the government
would introduce additional, serious restrictions on religious communities and
their activities.
Tax legislation adopted last year introduced new
reporting obligations for NGOs and other entities receiving foreign funding for certain activities, including
the provision of legal assistance and information gathering/dissemination.
Several foreign-funded human rights NGOs were subjected to intrusive and
lengthy tax inspections on the basis of an alleged complaint from a “concerned”
citizen. Following such inspections, the NGOs Liberty and the International
Legal Initiative were ordered to pay several thousand EUR in back taxes and fines
for allegedly failing to pay corporate income tax on foreign grants, although
by law such grants are tax exempt. The inspection of a third NGO, Dignity,
dragged on for nine months before it concluded without finding any violations
of tax regulations.
As before, peaceful protests are regularly dispersed and the participants detained and
penalized for holding assemblies without prior
permission. The authorities deem it necessary to obtain permission for even
informal gatherings and more and more civil society representatives have been
detained and questioned for simply discussing plans for such gatherings on
social media. In an important decision, the UN Human Rights Committee recently
concluded that the rights of a KIBHR representative were violated when he was
detained and fined for holding a peaceful, one-person protest without advance
permission and again called for bringing the country’s assembly law into line
with international standards.[4]
Kyrgyzstan
The climate for
free speech and civil society engagement has deteriorated significantly in
Kyrgyzstan in the period leading up to the presidential elections on 15 October
2017.
Current President Almazbek Atambayev has repeatedly
lambasted those critical of his polices, accusing them of discrediting him and
destabilizing the situation in the country. The independent Zanoza news site, its
cofounders and journalists Narynbek Idinov and Dina Maslova, human rights
defender Cholpon Djakupova and lawyers from the opposition Ata Meken party have
all been convicted of defamation and ordered to pay a total of several hundred
thousand EURs in moral damages for publishing articles that displeased the
president. These financially crippling lawsuits were initiated by the General
Prosecutor, acting on behalf of the president. In late August 2017, the
September TV station was banned by court for allegedly disseminating extremist
material when airing an interview with a regional police chief. The TV station
is linked to current opposition leader Omurbek Tekebayev and has reported
critically on the government.
Journalist Ulugbek Babakulov was subjected to a
public smear campaign and charged with inciting inter-ethnic hatred after
publishing an article in May 2017 that drew attention to aggressive nationalism
against ethnic Uzbeks on social media in Kyrgyzstan. If found guilty of these
charges, he could face a lengthy prison sentence. The independent Fergana news
site, on which the article appeared, was blocked in the country by court.
Fearing for his safety, Babakulov fled Kyrgyzstan. His family, who remains in
the country, has reported being subjected to ongoing surveillance and
intimidation.
Human rights defender
Azimjan Askarov remains in prison after his life sentence was upheld at a
re-appeals trial in January 2017. Last year, the UN Human Rights Committee
called for his immediate release and the quashing of his original conviction
but this did not happen. Prosecutors have pushed for the confiscation of
Askarov’s family home as part of the execution of his sentence, although
national legislation prohibits confiscating property where family members
reside. Finally, at the beginning of September 2017, a district court in
southern Kyrgyzstan ruled to cancel the order to seize the house.
Negative and suspicious attitudes toward
foreign-funded NGOs remain prevalent, although the parliament eventually
rejected a Russia-inspired “foreign agents” bill last year. Amendments to
election legislation adopted by the parliament in May this year introduced new
problematic restrictions on NGO monitoring of elections ahead of the upcoming
presidential vote.
While most peaceful protests take place without
interference, the authorities have unduly restricted the right to freedom of
assembly in a number of recent cases, in violation of the country’s liberal
legislation in this area, as well as international standards. Such restrictions
include a court-sanctioned ban on holding protests at key locations in Bishkek
in the months leading up the presidential elections and the detention of
participants in anti-government protests.
Tajikistan
In the recent final report on his 2016 visit to
Tajikistan[5],
the UN Special Rapporteur on freedom of opinion and expression raised concerns
about the repression of independent media, online information, civil society
space, and dissident voices in the name of protecting security and public
order. He called on the authorities to reconsider this approach, saying it “may
be undermining the very […] goals the Government purports to be pursuing”.
Journalists have reported facing increasing
pressure, and self-censorship is widespread due to fears of repercussions for
critical reporting, in particular in the context of the economic crisis.
Several media outlets have been forced to close down, and a number of
journalists have left the country. Arbitrary
blocking of news and social media sites has become a regular occurrence. New
legislation adopted in summer 2017 granted the law enforcement authorities new powers to track
citizens’ internet activity. Legislation adopted last year requires all
internet providers to channel their services through a so-called unified
communications center operating under the state Tajik Telecom company, which
has reinforced concerns about surveillance of internet communications in
violation of international standards.
NGOs operate in an environment of uncertainty, in
which the authorities have stepped up checks of their activities. This year, a number of organizations have been subjected to
intrusive inspections by the Ministry of Justice, the Tax Committee and other
state bodies. In some cases, these inspections have ended with findings of
alleged violations of legal requirements that the NGOs in question have been
required to address or else face sanctions. NGOs have also reported being
subjected to more checks and protracted procedures with respect to
re-registration, which they are required to undergo when changing their legal
address or statutes. A requirement for NGOs to report foreign funds prior to
using them has been applied since 2016. There are concerns that new draft
legislation on the operation and registration of NGOs, which is currently under
consideration by the government, may introduce additional restrictions. Civil
society groups also fear that new broadly worded anti-corruption legislation,
which requires NGOs to undergo annual assessments of
corruption risks, may be used to unduly interfere with their work.
Lawyers have recently come under growing pressure.
New restrictive legislation on the licensing of lawyers has been enforced and
lawyers working on politically sensitive cases have been subjected to
intimidation, harassment and criminal prosecution. The case of lawyers
Buzurgmehr Yorov and Nuriddin Mahkamov is of particular concern. Following a
closed trial, both men were given lengthy prison sentences last October on
extremism and other charges, which were initiated against them after they
defended political opposition members. In addition, several other criminal
cases have been brought against Yorov on questionable grounds, resulting in
that his prison term has been extended to a total of 28 years. His lawyer and
family members have been subjected to pressure.
Turkmenistan
Ahead of the Asiada, an international sports competition taking place in Ashgabat in
September 2017, the Turkmenistani authorities have gone to great lengths to
ensure that nothing spoils the image of the country in the eyes of the foreign
visitors. In doing so the authorities have taken measures restricting
fundamental rights.
The president has repeatedly stressed what he
considers to be the obligation of the country’s state-controlled media to focus
on reporting positive developments and achievements of the regime, including
with the respect to the Asiada. While the preparations for this competition
have resulted in various restrictions targeting residents, this has not been
covered in national media.
The authorities have pledged to ensure that Asiada
visitors have unrestricted access to high-speed internet. However, for
citizens, internet access remains restricted, slow and expensive. Many foreign
news sites, social media sites, and online communications apps continue to be
blocked. A statement made by the president in October last year, calling for
preventing the spread of “false” information on the internet during the Asiada,
triggered reinforced measures by security agencies to prevent the dissemination
of information critical of the government. Internet users were summoned for
questioning after taking part in social media discussions and warned to stop
using these sites on threat of arrests, travel bans, dismissal from their jobs
and other repercussions.
The authorities have also continued to forcibly
dismantle private satellite dishes used to access foreign TV and radio channels,
and residents have been intimidated to dissuade them from listening to the
Turkmen service of Radio Free Europe/Radio Liberty. A new wave of persecution
has targeted correspondents for this service and other critical voices. RFE/RL
correspondent Hudaiberdi Allashov and his mother remain under police
supervision after being given suspended three-year prison sentences on charges
of possessing chewing tobacco in February 2017. Torture allegations in this
case have not been adequately investigated. Freelance journalist Saparmamed
Nepeskuliev is still in prison after being convicted of charges of possessing
prohibited drugs in August 2015. Nataliya
Shabunts, an outspoken civil society activist who cooperates with TIHR, has
been subjected to ongoing surveillance in recent months and in August 2017, she
was assaulted in the street by a group of unknown women, who yelled racist
slurs at her and told her to leave the country.[6] RFE/RL
correspondent, Soltan Achilova has repeatedly been intimidated and attacked in
the past year. Most recently, she reported being warned and prevented from
taking photographs in a series of incidents in July 2017.[7]
The authorities continue to forcibly mobilize employees of state institutions, GONGO members,
students and other residents for various mass events and time-consuming
repetitions for such events. For example, residents have been forcibly
mobilized for festivities to be held during the Asiada.
Uzbekistan
Since President Shavkat Mirziyoyev took office last year, Uzbekistan’s government has taken certain welcome steps with
respect to human rights protection in the country.
Among others, the government has released a number
of government critics who had been held for years in prison, and decreed to
abolish the repressive Soviet-era system of exit visas that to date has been
used to put pressure on inconvenient individuals. It received the UN High
Commissioner for Human Rights for a first-ever visit to the country in May this
year and has extended an invitation to one of the more than a dozen UN special
rapporteurs on human rights who have requested to visit Uzbekistan. It has also
re-accredited the BBC’s Uzbek service that was forced to leave the country in
2005 and given the green light for the first Human Rights Watch mission to
visit the country in years. These and other recent steps may signal a break
with past practice and give reason to hope for further positive developments.
However, the measures taken so far have focused on backtracking on repressive
policies rather than on implementing the systematic, progressive reforms needed
for true human rights improvements to take place.
Human rights defender Bobomurad Razzokov, political
activist Samandar Kukanov, journalists Muhammad Bekjanov and Jamshid Karimov
and former UN staff member Erkin Musaev have all been released since last
October. While their release is a relief, they were all convicted for
politically motivated reasons and should never have been imprisoned in the
first place. Many other government critics are still behind bars, and human
rights defender Nuraddin Jumaniyazov died in detention in December 2016.
The pattern of state persecution of human rights
defenders, journalists, bloggers and dissident voices continues. AHRCA and IPHR
have documented a series of recent cases when such individuals have been
threatened, attacked, publicly discredited, and detained and interrogated.
Travel restrictions continue to be used against government critics and their
family members. Despite repeated
appeals since 2014, human rights lawyer Polina Braunerg was not allowed to
travel abroad for medical treatment, and in May 2017 she died after suffering a
stroke. Former political prisoner Murad Djuraev, who was released in 2015, has
been denied the right to travel abroad for spinal surgery. Others who have not
been allowed to travel abroad include journalist Muhammad Bekjanov, artist
Vyeslav Akhunov and writer Mamadali Mahmudov.[8]
Forcible psychiatric detention remains another tool used against critics. For
example, human rights defender Elena Urlayeva was held in a psychiatric
hospital against her will for several weeks in March 2017. The authorities
carry out unlawful, systematic surveillance of critical voices, not only inside
but also outside Uzbekistan.
The few independent groups working on human rights
issues continue to face serious obstacles, including cumbersome registration
processes. Protests are rare due to fears of reprisals, with only occasional
protests on socio-economic issues taking place. In May 2017, a broad public response
to a case of bullying that resulted in the death of a student pushed the
authorities to take action to investigate this case. However, the security
services also reportedly put pressure on those who organized an online
petition, participated in a rally in Tashkent or commented on the issue on
social media.
Recommendations
On the basis of the
issues discussed above, we could like to make the following recommendations:
The authorities of
Kazakhstan should:
- Stop detaining, prosecuting and imprisoning journalists, human rights defenders, trade union activists and other critical voices in retaliation for their exercise of freedom of expression and other fundamental rights.
- Release all those who have been deprived of their liberty for their independent civic engagement, journalist work or criticism of the authorities and abolish restrictions on the movement and public engagement imposed on individuals prosecuted on such grounds.
- Put an end to the pattern of pressure on independent and opposition-minded media and journalists.
- Refrain from using tax legislation to unduly interfere in and restrict the activities of NGOs, and revise the draft legislation in media and religious activities currently under consideration to ensure that it is consistent with Kazakhstan’s international obligations.
- As a matter of priority, reform legislation and law enforcement practice on the conduct of assemblies to bring them into line with international human rights standards, as also called for by international human rights bodies.
The
authorities of Kyrgyzstan should:
- Refrain from using hostile and stigmatizing language against independent media and journalists, human rights groups and defenders and others who voice concerns about current policies and criticize those in power, including the president, and ensure that they are not subjected to punitive measures on the grounds of their legitimate activities.
- Abolish the role of the General Prosecutor with respect to initiating legal action to defend the honour and dignity of the president, and ensure that all legal proceedings initiated on this ground are terminated.
- Drop the unfounded criminal charges on inciting inter-ethnic hatred initiated against journalist Ulugbek Babakulov and ensure the safety of his family.
- Fully implement the UN Human Rights Committee’s decision in the case of Azimjan Askarov, including by releasing him, quashing his initial conviction and granting him adequate compensation.
- Refrain from imposing blanket bans on holding assemblies in certain locations, and safeguard the right to freedom of assembly in accordance with national and international law. Carry out through, prompt and impartial investigations into any alleged violations of this right.
The
authorities of Tajikistan should:
- Take concrete and effective measures to implement the recommendations made by the UN Special Rapporteur on freedom of opinion and expression in his final report on his visit to Tajikistan.
- Ensure that media and journalists are not subjected to pressure and can carry out their work without fear and intimidation.
- Put an end to the pattern of arbitrary blocking of news, social media and other websites and refrain from conducting invasive surveillance of the internet use of residents in violation of international standards.
- Ensure that NGOs are not subjected to undue restrictions and interference in their work.
- Ensure that no lawyer is arrested, charged or imprisoned in retaliation for his or her work; promptly release those held on such grounds.
The
authorities of Turkmenistan should:
- Promote media pluralism and put an end to government censorship and interference into the editorial policies of media.
- Promote universal, affordable and unobstructed internet access and refrain from arbitrarily blocking access to websites.
- Stop forcibly dismantling satellite dishes and refrain from measures of intimidation against social media users, RFE/RL listeners and other individuals seeking to obtain information from alternative, foreign sources.
- Stop persecuting independent journalists, civil society activists and other critical voices; carry out thorough investigations into all reported cases of harassment of such individuals with a view to holding the perpetrators accountable; and release all who have been detained on the grounds of exercising their fundamental rights.
- Put an end to the practice of forcibly mobilizing residents for participation in mass events.
The authorities of Uzbekistan should:
- Carry out systematic human rights reforms with a view to bringing about concrete improvements.
- Immediately and unconditionally release all those who have been detained solely for peacefully exercising their rights to freedom of expression, association and assembly.
- Put an end to state persecution of human rights defenders, journalists, dissidents and other critical voices and allow them to carry out their activities without intimidation.
- Abolish the use of exit visas in practice and stop restricting the right of former political prisoners and other critical voices to travel abroad for urgent medical treatment and other reasons.
- Enable independent human rights NGOs to register through a simple and uncomplicated procedure and allow them to carry out their work without undue interference.
- Issue invitations to all the UN Special Rapporteurs who have asked for permission to visit the country and constructively cooperate with these experts on the implementation of visits and follow-up on their recommendations.
[1]
For more information on these issues, see also regular updates on the civil
society situation in the Central Asian countries prepared by KIBHR and IPHR onKazakhstan; Legal Prosperity and IPHR on Kyrgyzstan; Nota Bene, the LawyersAssociation of Pamir and IPHR on Tajikistan, TIHR and IPHR on Turkmenistan, andthe AHRCA and IPHR on Uzbekistan.
[4]
Views adopted by the Human Rights Committee on Communication No. 2158/2012 in
July 2017.
