EurasiaNet Civil Society - Kyrgyzstan: NGOs Assail Proposed Legal Changes as "Threat to Democracy"

CIVIL SOCIETY

KYRGYZSTAN: NGOS ASSAIL PROPOSED LEGAL CHANGES AS "THREAT TO DEMOCRACY"
Arslan Mamatov 3/10/09

In a potentially ominous development for democratization in Kyrgyzstan, parliament will consider draft amendments that would drastically curtail the ability of civil society groups to function in the Central Asian nation. Critics say the amendments, if enacted, would hamper the distribution of international assistance, and could possibly be used to bar non-governmental organizations from monitoring elections, or performing other governmental watchdog functions.

Communist party leader, Iskhak Masaliev, along with two MPs from the governing Ak Zhol Party -- Arapbai Tolonov and Nurgazy Aidarov -- drafted the legal amendments in mid-February. According to Masaliev, the amendments are designed to "add order" to the non-commercial organization (NCO) community -- a broad category that includes non-governmental organizations (NGOs). No date for parliamentary debate on the amendments has been set as yet.

"There are 20,000 NCOs in our country. Over the last four years, 9,366 NCOs have been registered," Masaliev told a roundtable discussion organized by the Institute of Public Policy on March 6. The activities of the majority of NCOs generated no cause for concern, Masaliev said. But he added that a "small fraction" of NCOs engaged in actions deemed troublesome by officials. In particular, some NCOs are suspected of encouraging religious extremism, he indicated.

Human rights advocates immediately challenged Masaliev’s assertion, noting that supposed suspicion over religious extremism has often been used in Central Asia in recent years as an excuse to stifle legitimate political dissent.

A coalition of 50 NGOs have branded the amendments a "threat to democracy." Rights activists’ chief concern is that the amendments would give bureaucrats sweeping discretionary authority to monitor and punish NCOs for supposed violations of the law.

The proposed legislation contains "serious shortcomings that contradict fundamental democratic principles of human rights and equality," said a report by the International Center for Not-for-Profit Law (ICNL), a Washington, DC-based legal support group,

In its March 6 report, ICNL said many of the draft law’s provisions "would undermine and reverse" Kyrgyzstan’s once-blooming civil society, "not only by stifling the development of civil society organizations but also by impairing Kyrgyzstan’s ability to attract foreign investment, receive humanitarian aid and profit from the wisdom of its people." Of particular concern to the ICNL were provisions that would impose "burdensome reporting requirements" on NCOs, as well as "severe sanctions" for failure to fully comply with the legislation. In addition, the legislation seeks to bar NCOs from engaging in "political activity" while failing to strictly define what constitutes such activity.

Blasting the amendments for granting government officials the right to snoop into all aspects of NGOs’ innermost operations, the ICNL’s report concludes that the draft law "creates additional barriers for [foreign NCOs] that, if adopted, would likely result in a withdrawal of international aid at a time when, given the global economic downturn, it is arguably most needed."

Nookat Idrisov, ICNL’s Kyrgyzstan representative, told EurasiaNet that passage of the draft, as it stands, would be a blow to democracy in the country. "A lot of proposed provisions contradict international law," he said, adding that Kyrgyzstan was seeking to emulate models for controlling the non-governmental sector that are now in place in Russia and Uzbekistan.

At the March 6 roundtable, OSCE Ambassador Andrew Tesoriere said the draft contained "significant areas of concern."

The legislation would effectively prevent NGOs from functioning, insisted Dinara Oshurakhunova, head of Coalition for Democracy and Human Rights. She said the draft’s supposed purpose, including enhancing the government’s ability to combat terrorism, is already covered by other laws. These new amendments are politically motivated, she added. "The reason for the amendment on NCOs is, among other things, the coming presidential elections," Oshurakhunova told EurasiaNet.

Parliament -- controlled by supporters of President Kurmanbek Bakiyev -- is likely to adopt any legislation that the president endorses, added Nazgul Turdubekova, director of the Child Right Defenders League. Turdubekova, who fears her organization will be affected by the various provisions contained in the amendments, expressed the belief that separating politics from social issues cannot be done. "It is absolutely wrong not to connect civil society and politics," she said. "For example, as a citizen I also have a right to observe elections. You just cannot draw a line between political and apolitical. If we are prohibited from politics then there is no reason for our existence as an NGO."

Temir Sariev, head of the opposition Ak Shumkar party, told the roundtable that the draft aims to restrict civil rights and to legislate total government control over NGOs. Comparing the situation to the uncertainty shortly before Kyrgyzstan’s March 2005 "Tulip Revolution," Sariev said those in power are trying to prevent revolution redux. "This is the March 2005 syndrome. The guys who came to power through a coup d’etat are afraid of any protest -- they fear the others will kick them [out of power] as they themselves did before. All their current ideology is based on it," he suggested.

Observers noted that the timing of the draft may have something to do with the Kyrgyz government’s recent decision to evict American and allied troops from Manas air base outside of Bishkek. Conservative members of the legislature have openly expressed concern that Washington -- angered by the loss of Manas -- will finance democracy-promotion programs that could undermine Bakiyev’s administration.

At the roundtable, Masaliev did not deny a link. "There is a threat that some part of population could be mobilized methodically by a certain country, I will not point which one, through NCO financing," he explained.

Idrisov, the ICNL representative, dismissed such a connection, while allowing that the law could ease the government’s position ahead of elections. "Preparations for drafting this law started one year ago, maybe more. As you know, the American military base issue arose only a month ago; I don’t think these issues are connected. But as for future presidential elections, it is possible."

One international observer, speaking on condition of anonymity, said she believes "the intent is to pave the way for an election without anyone watching." Such a law "would not pass in any other country because it is so vague. But in this legislature, anything can happen."

Editor's Note: Arlsan Mamatov is the pseudonym for a Kyrgyz journalist.