Renewed acts of harassment targeting LGBT human rights defenders and NGOs

Kyrgyzstan

March 17, 2014

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Kyrgyzstan.

Descriptionof the situation:

The Observatory was informed byreliable sources about renewed acts of harassment targeting human rights defendersand NGOs in Kyrgyzstan, in particular those advocating for the rights ofLesbians, Gays, Bisexuals and Transexuals (LGBT).

According to the informationreceived, in March 2014, Mr. Ilya Lukash, an ethnic-Ukrainian known forhis active participation in the defence of the human rights, was compelled toleave Kyrgyzstan, following a series of threats and beatings sustained inDecember 2013 by unknown individuals. Moreover, on February 27, 2014, during an“action against homosexual propaganda”, members of the youth nationalistmovement “Kalis” had burned his portrait in front of the Embassy of the UnitedStates in Bishkek, calling him a ““gay activist” who was supposedlyattempting to foment a Ukraine-style revolution in the country”.

The Observatory was also informedthat on March 12, 2014, about 150 activists of the “Kalis” movementdemonstrated in front of the Parliament in Bishkek to request that theparliamentarians pass the draft law on so-called “foreign agents”, whichforbids the financing of NGOs working on LGBT rights and ban so-called“homosexual propaganda” in Kyrgyzstan.

The Observatory is seriouslyconcerned about the fact that harassment towards LGBT activists is visiblyencouraged by members of Parliament. Following the above-mentioneddemonstration, the Vice-Speaker of Parliament Torobay Zulpukarov indeed metwith the leader of the “Kalis” movement, Mr. Zhenish Moldokmatov, to inform himthat a bill currently being tabled in Parliament was aiming at bringing changesand additions in certain legislative acts in order to forbid so-called“homosexual propaganda”. The latter reportedly stated on that occasion that theabsence of such legislation was the cause of “increased quantity ofhomosexuals” likely to spread “immorality” in the future.

On the same day, a member of theparliamentary group “Ata Meken” Mr. Zhomart Saparbaev commented thedemonstration with the agency AKIpress,and showed his hostility towards homosexuals andsame-sex marriage.

The Observatory is allthe more concerned as on January 30, 2014, Acting Grand Mufti Maksat HajjiToktomushev reportedly issued a fatwa against same sex relations, saying thegovernment should be wary of “public organisations that disseminate socialdiscord”.

The Observatory recallsthat NGOs in Kyrgyzstan are under constant threats and harassment because of their humanrights activities in support of LGBT rights, but also because of theircriticism of the government and their denunciations of acts of torture andill-treatment in prisons.

In particular, the Human RightsCentre “Bir Duino” and its members have been harassed since 2012 in connectionwith their attempt to show the film “I amGay and Muslim” during the 6th International Film Festival onHuman Rights. Since then, the offices of “Bir Duino” have been burgled twice,i.e. on July 2013 and on December 26, 2013. Alongside, the Head of “Bir Duino”and FIDH Vice President Ms. Tolekan Ismailova as well as her family havefaced a series of acts of harassment since the beginning of 2014. All theseacts merely aim at sanctioning the human rights activities carried out by “BirDuino”[1].

The Observatory condemns the repeatedattacks and harassment against LGBT rights activities in Kyrgyzstan, and callsupon the Kyrgyz authorities to ensure that all human rights defenders cancontinue their legitimate work. The Observatory further urges the members ofthe Kyrgyz Parliament to refrain from passing laws forbidding so-called“homosexual propaganda” and labelling NGOs as so-called “foreign agents”, andrather to promote and protect the full enjoyment of the right to promote humanrights.

Actionsrequested:

i. Guarantee in all circumstancesthe physical and psychological integrity of all human rights defenders inKyrgyzstan;

ii. Orderan immediate, thorough, transparent investigation into the above-mentionedthreats and harassment against Mr. Ilya Lukash as well as against Ms. TolekanIsmailova, her relatives and the premises of the Human Rights Movement “BirDuino”, in order to identify all those responsible, bring them before anindependent tribunal, and apply them the sanctions provided by the law;

iii. Putan end to all acts of harassment against all human rights defenders inKyrgyzstan, by refraining from passing the restrictive pieces of legislationmentioned above and by condemning publicly all acts of hostility towards humanrights, including LGBT rights, and their defenders;

iv. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders, in particular with:

- itsArticle 1, which provides that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”;

- itsArticle 5 (a): “For the purpose of promoting and protecting human rights andfundamental freedoms, everyone has the right, individually and in associationwith others, at the national and international levels (a) To meet or assemblepeacefully”;

v. Ensurein all circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Kyrgyzstan.

Addresses:

· Mr. Almazbek Atambaev, President of the Kyrgyz Republic,Chuy Ave, 205, Bishkek, Kyrgyzstan, Fax: + 996312626191

· Mr. Abdulda Suranchiev, Minister of Internal Affairs, Frunzest. 469, Bishkek, Kyrgyzstan, Fax: + 996312682044 / + 996312623853, Email: pressa226@mvd.kg

· Ms. Aida Salyanova, General Prosecutor of KGZ, Fax:+996312661734

· State Committee of National Security, Erkindik blvd 70,Bishkek 720040, Kyrgyzstan. Fax: +996 312 66-00-24

· H.E. Ms. Gulnara Iskakova, Ambassador, Permanent Mission ofKyrgyzstan to the United Nations in Geneva, Rue du Lac 4-6, 1207 Geneva,Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22 707.92.21

· Embassy of Kyrgyzstan in Brussels, 47 rue de l’Abbaye, 1050Bruxelles, Belgium, Fax: + 32 2 640 01 31, Email: aitmatov@infonie.be

Please also write todiplomatic representations of Kyrgyzstan in your respective countries.

***

Paris-Geneva, March 17, 2014

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

The Observatory, a FIDH and OMCTventure, is dedicated to the protection of Human Rights Defenders and aims tooffer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] For moreinformation, see Observatory Urgent Appeals KGZ 001/1012/100.2 and KGZ 001/0114/OBS 004,respectively issued on December 21, 2012 and on January 20, 2014.