UN experts on Thursday denounced new legislation restricting freedom of religion or belief in Kyrgyzstan, urging authorities to ensure all legislation complies with domestic and international human rights standards.
The experts found that the laws will “severely limit Kyrgyzstan’s space for freedom of thought, conscience, and religion, as well as freedoms of expression, assembly, and association, the principle of non-discrimination, and the exercise of cultural rights.” They emphasized that while international law can allow for the restriction of these rights under certain conditions, the new laws do not seem to meet those circumstances.
The experts remarked:
We call upon Kyrgyz authorities to conduct open, meaningful, and inclusive dialogue with minority religion and belief groups whose rights will be affected by this law as soon as possible, so that it may be brought in line with international standards. We remain ready and willing to support the Kyrgyz Government in implementing legislation on freedom of religion or belief in a manner consistent with its obligations under international law.
The Law on Freedom of Religion and Religious Organizations and Law on Countering Extremist Activities were signed by President Sadyr Japarov earlier this year. The laws widen the scope of restrictions on the freedom of religion or belief, freedom of expression, and freedom of association, such as by introducing fines for wearing certain religious attire in public places.
The new laws require all religious communities to register and re-register with the State Commission for Religious Affairs (SCRA) every 10 years, and they also increase the minimum number of founders from at least 200 adult members in the previous law to 500 adult members residing in one region under the new law. Under the new laws, registered religious organizations must notify the local administration and the SCRA at least 10 business days before the date of any events held at their places of pilgrimage. The legislation additionally imposes a fine of 20,000 Soms (228 USD) on individuals and 65,000 Soms (743 USD) on religious organizations in cases of exercising freedom of religion or belief without permission.
The laws also grant certain powers to the SCRA regarding registration applications, control of registered religious organizations, religious education establishments, registered places of worship, regulating permission for individuals’ preaching activity, and censorship of all religious materials.
SCRA’s deputy director Kanatbek Midin uuly defended the new laws, stating that the SCRA had “done everything so that citizens can exercise these constitutional rights.” The laws state that their purpose is to stabilize the religious situation in Kyrgyzstan, prevent religious extremist disturbances, and ensure state security.
According to General Comment No. 22 adopted by the Human Rights Committee on Article 18 of the International Covenant on Economic, Social, and Cultural Rights (ICCPR), restrictions not specified in the document, except for the protection of public safety, order, health, morals, or the fundamental rights and freedoms of others, are impermissible, even in the context of national security.
The draft version of the laws was prepared by the SCRA, the National Security Committee (NSC), and the Interior Ministry at the regime’s initiative, according to the documentation accompanying the then-draft laws. When the draft bill version of the law was published for public discussion in December 2023, four UN special rapporteurs expressed concern in a joint letter that the bill could fail to meet Kyrgyzstan’s obligations under international human rights law.
In September 2024, UN experts highlighted the reported cases of administrative and judicial harassment against religious or belief groups and recommended considering all necessary measures to ensure minorities’ rights to fully enjoy their own cultural identity and practice their religion during the periodic review of Kyrgyzstan’s compliance with ICCPR.
