Published: 30 June 2015 г.
The United Nations in the Kyrgyz Republic calls on the authorities of the Kyrgyz Republic to support the independence of National Human Rights Institutions (NHRIs), namely the Ombudsman Institute and the National Center for the Prevention of Torture and to ensure that the two institutions can execute their mandate in line with the Constitution of the Kyrgyz Republic and with international human rights standards.
National human rights institutions are key players in the promotion and protection of human rights at national level and often serve as a bridge between governments and civil society. As the United Nations Resident Coordinator, Mr. Avanessov, noted on behalf of the UN Country Team, made up of heads of more than twenty UN agencies, funds and programs present in the Kyrgyz Republic, “a key element of human rights protection system at the national level is the existence of independent and effective national human rights institutions to oversee the implementation of international, regional and national human rights norms. To do this effectively, their independence from any political influence must be guaranteed by law and preserved by authorities”.
The Kyrgyz Republic has repeatedly made statements at the international level, including at the Universal Periodic Review in January 2015, that the existence of independent national human rights institutions - such as the Ombudsman Institute and the National Centre for the Prevention of Torture – is a significant achievement in the country's pursuit of democracy and the rule of law. In view of UN Country Team in the Kyrgyz Republic, the dismissal of the Ombudsman by the Parliament based on his annual report, the draft amendments to the law of the National Center for the Prevention of Torture, and the legislative initiatives tightening control over activities of human rights defenders, civil society organizations and the media complicates the full implementation of the legal obligations made by the Kyrgyz Republic.
In the past, the Office of the UN High Commissioner for Human Rights (OHCHR) and the International Coordination Committee on National Human Rights Institutions raised concerns with regards to the Law on Ombudsman, pointing to its falling short of full compliance with the ‘Paris Principles’, the international standards governing the functions of national human rights institutions. In particular, OHCHR noted that the principles of independence and pluralism of Ombudsman Institutions are not sufficiently guaranteed by the Law on the Ombudsman.
“Article 7.7 of the Law foresees the possibility of early dismissal of the Ombudsman if the Parliament does not approve its Annual Report. As it stands, this article infringes on the security of tenure and the principle of functional independence of the Ombudsman. This may lead to reports of the Ombudsman Institution on the human rights situation in the country being less frank and unbiased than if tenure was assured.’’ noted Ms. Elisabeth da Costa, Regional Representative a.i. of the Regional Office for Central Asia of the UN High Commissioner for Human Rights (OHCHR ROCA).“The submission of reports to the Parliament should only facilitate the latter to obtain a detailed overview of the human rights situation in the country as well as to ensure that the recommendations in the report are properly considered and addressed by the relevant public authorities”, added Ms. da Costa.
Similarly, the United Nations in the Kyrgyz Republic notes with concern the draft amendments to the Law on the National Center for the Prevention of Tortures, which are currently being discussed in the Parliament and, if approved, will limit the independence of that Institution. Speaking on behalf of the UN Country Team, Mr Avanessov noted: “It is paramount that the selection and election process of the members of the National Center for the Prevention of Tortures is independent and impartial and is not subject to political influences. The proposed amendments could be viewed by members of the public as being guided by political considerations rather than an assessment of substantive merits of respective individuals. Should this perception arise, it will inflict damage on the reputation of the Institution”.
The United Nations in the Kyrgyz Republicwill continue partnering with authorities to ensure that national human rights institutions maintain their independence through strong laws and are enabled to execute their mandate in line with the Constitution of the Kyrgyz Republic and international human rights standards and obligations.