KYRGYZ REPUBLIC

Section 201 of the FREEDOM Support Act amended Section 498A of the Foreign Assistance Act of 1961 to require that the President "take into account not only relative need but also the extent to which that independent state is acting to:"

Section 498A(a)(1): "make significant progress toward, and is committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections."

The Kyrgyz Republic has expressed a commitment to the protection of individual freedoms, democracy, and the rule of law. Although the 1993 Constitution defines the form of government as a democratic republic, President Askar Akayev dominates the government. In 2004 President Akayev reiterated his pledge to step down when he completes his current term and expressed his commitment to democratic parliamentary and presidential elections in 2005.

In January 2004, President Akayev signed into law a new electoral code, which lays the foundation for upcoming local, parliamentary, and presidential elections. According to an assessment by the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), some of the changes in the code mark progress. However, the code potentially limits civil and political rights and some new amendments, introduced subsequent to the November 2003 ODIHR assessment, not only fail to address many prior ODIHR concerns but compound them; as a result, the new code does not meet international standards. While the nationwide local elections in October 2004 took place generally without government interference, some voting irregularities were observed. In general, the elections demonstrated new openness, taking advantage of aspects of the new election code.

Government pressure on civil society activists and independent media outlets has preceded past elections in Kyrgyzstan. In May 2004, organizations implementing USG-funded democratization assistance and their local affiliates began to encounter pressure and harassment from the Kyrgyz Government in the run-up to elections in 2005; some were accused publicly of interference in internal affairs and "exporting democracy." There was a series of articles in pro-government media attacking international organizations, particularly Western, democracy-oriented organizations. In July 2004 President Akayev initiated a dialogue between his government and these organizations and some pressure has eased since then.

Although the Constitution provides for an independent judiciary, the court system remains largely unreformed from the Soviet era, and the executive dominates the judiciary. Recognizing the need to reform the system, the Government has introduced some Western practices, including the right of Parliament to review and approve judicial candidates. In 2004, the Government continued to use the courts to put pressure on the political opposition, nongovernmental organizations, and the independent media. In March, the Kyrgyz Supreme Court denied the appeal of the lawsuit filed by fifteen citizens from Aksy against the Government. The Aksy complainants accused the Government of impeding freedom of assembly and of law enforcement abuses. A complaint was filed with the U.N. Commission on Human Rights, and the Commission sent the complaint to the Government of Kyrgyzstan requesting a response.

In January 2001, a closed military court convicted Feliks Kulov, the leader of the opposition Ar-Namys Party and former parliamentary and presidential candidate, of fraud and abuse of power and sentenced him to seven years imprisonment. In 2002, a new criminal case was brought against Kulov, resulting in an additional ten-year sentence for embezzlement. Kulov is eligible for parole in May 2006. In November 2004, the Supreme Court denied Kulov’s appeal for early release from prison.

The Government restricted freedoms of speech and the press in 2004. The Government continued to exercise its authority over printing plants and electronic broadcasters to control the dissemination of news and information by the independent media. The Kyrgyz National Communications Agency shut down the only independent television station in Bishkek, Pyramida, for forty days in March and April, allegedly due to technical problems. In July, a controlling share in the station was sold to a telecommunications firm reportedly linked to the President’s family. In April, the son of a prominent editor of an independent newspaper was severely beaten by unknown attackers, some believe in retaliation for a series of articles published by his mother that were critical of the leadership of the Ministry of Internal Affairs. On the positive side, the Kyrgyz Government allowed a U.S.-funded independent printing press, the first of its kind in Central Asia, to begin operating in Bishkek in November 2003. Since its inauguration, the press has already begun printing 28 independent newspapers, enabling media outlets to publish for the first time without fear of being denied access to the state-run printing press. In addition, the number of "honor and dignity" lawsuits, i.e., civil suits seeking damages for allegedly false and misleading statements about government officials, filed against independent media outlets by government officials has declined drastically since mid-2003.

An estimated 7,000-10,000 indigenous NGOs across the country actively promote human rights, democracy, and civil society. However, the government has at times inhibited the freedom of assembly and association, particularly the opposition political parties’ right to assemble freely. On occasion, the Government has used force in the past to disrupt peaceful demonstrations and has prevented civil society groups’ access to meeting space. In April 2004, peaceful protesters gathered in Bishkek to call for the release of imprisoned opposition leader Feliks Kulov. Police intervened before the march could begin, reportedly arresting eighteen people, including leading civil society activists. According to credible reports, police struck some of the protesters, who were reportedly charged with holding an unsanctioned march and were fined and released. Organizers of the demonstration later admitted that they had not notified authorities of their intention to march in advance, thus violating the law. Also, in April, local officials in Issyk-Kul province reportedly obstructed the convening of several meetings on human rights organized by local NGOs.

Regarding freedom of religion, while the Kyrgyz Republic is fairly tolerant of religious practice, the registration process for religious groups is cumbersome. Most religious organizations have achieved registration after properly completing all formalities, but in some cases the process took several years and repeated attempts. Several Christian congregations and the Roman Catholic Church that have large numbers of ethnic Kyrgyz have had difficulty registering with the State Committee on Religious Affairs.

The Government restricts the activities of radical Islamic groups that it considers to be threats to national stabilityand is concerned about the role Islamic extremism could play in the country’s politics. Even before September 11, 2001, government officials proposed new policies to prevent the rise of Islamic extremism, including increased sentences for those convicted of religious extremism and increased monitoring of mosques and schools. In April 2004, the Prime Minister signed a decree and plan of action aimed at "combating religious extremism" for the period of 2004 to 2005. The decree outlines efforts of various government agencies directed at detection and prevention of terrorism and religious extremism, including the creation of a database of foreign religious extremist organizations, strengthening of the passport regime, conducting an information campaign, and preventing inter- and intra-faith conflicts. In 2004, there were reports that local officials closed mosques in southern Kyrgyzstan. There were also reports that local authorities detained members of Hizb ut-Tahrir, an Islam-based, radical political organization that advocates the establishment of a borderless, theocratic caliphate throughout Central Asia. The Government considers Hizb ut-Tahrir an extremist organization and its activities to be illegal.

The government has expressed strong commitment to protecting the rights of all ethnic, religious, and linguistic groups, as well as women. The Government’s Ombudsman continued to work actively in 2004 to advocate individual rights. Although Kyrgyz law gives equal status to women, gender-based discrimination persists, and trafficking in women and girls for forced prostitution exists. In 2004, the Kyrgyz Government continued its national campaign to combat trafficking in persons.

Section 498A(a)(2): "make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts)."

The Kyrgyz Republic has made important progress in restructuring its economic system and implementing legislation that will be the basis for a market economy. The national currency, the som, was introduced in May 1993, and parliament has adopted key legislation on privatization, joint ventures, foreign trade and investment and free economic zones. Most small and medium state enterprises have been privatized. On December 20, 1998, the Kyrgyz Republic was the first former Soviet state to join the World Trade Organization. As a member of the WTO, Kyrgyzstan is subject to all WTO agreements including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The Kyrgyz Government has taken some steps to comply with that agreement’s commitments on protection of intellectual property rights. The Kyrgyz Republic is a member of the International Monetary Fund (IMF), World Bank, European Bank for Reconstruction and Development, and the Asian Development Bank. In 1992, the Kyrgyz Republic concluded an Overseas Private Investment Corporation (OPIC) agreement offering political risk insurance and other programs to U.S. companies interested in investing in the Kyrgyz Republic, and the U.S.-Kyrgyz bilateral investment treaty (BIT) entered into force in August 1994. In June 2000, it graduated from the application of the Jackson-Vanik amendment of Title IV of the Trade Act of 1974.

The external outlook of the Kyrgyz Republic has stabilized since 1998. The Kyrgyz Republic was the first Central Asian republic to embark on an IMF reform program. In 2001, the IMF approved a three-year, USD 93 million Poverty Reduction and Growth Facility (PRGF). The fourth review of the PRGF in January and fifth review in May noted the Kyrgyz Republic’s highly satisfactory macroeconomic progress and solid record of policy implementation. In March 2003, the Paris Club approved a non-concessional debt flow rescheduling. A goodwill clause in the agreement provides for consideration of a stock rescheduling upon successful completion of the PRGF and agreement on a follow-up medium-term arrangement. The success of the current arrangement and agreement on a successor PRGF arrangement could set the stage for the Paris Club debt stock relief in March 2005 that is critical for debt sustainability and sustained growth.

The Kyrgyz Government is focused on promoting export growth and encouraging foreign direct investment (FDI). As part of its strategy to encourage FDI, the Kyrgyz Government formed the Secretariat for the Attraction of Investment and the Consultative Council, which consists of high level government officials, including President Akayev, and representatives from the diplomatic community, international organizations and large investors. Growth and increased social spending have helped the Kyrgyz Republic reduce poverty. The World Bank reports that the percentage of those living under the poverty level continued to slowly decrease in 2004.

Section 498A(a)(3): "respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration."

In 2004, the Government’s human rights record remained poor, although there were improvements in some areas. Positive developments include slight improvements for freedom of the press and freedom of assembly. In January, the President signed into law a new electoral code that falls short of international standards, but is an improvement over the previous code. Although it is subject to some harassment by unknown persons, the State Department-funded independent printing press continues to print independent and opposition newspapers.

The Constitution provides citizens with the right to assemble freely; however, at times the Government restricted this right in practice. On occasion the Government used force to disrupt peaceful demonstrations. Although impunity remained a problem, numerous Ministry of Internal Affairs’ officials were dismissed or prosecuted for abuses or misconduct. In 2004, there have been at least two suspicious deaths in detention. In one case, human rights NGOs and the victim’s family allege abuse by law enforcement authorities; the Government alleges fellow prisoners were guilty of the beatings that resulted in the prisoner’s death. In the other case, the prisoner allegedly committed suicide during a jail riot. The prosecutor’s office has launched investigations into both of these incidents but has not released any findings. Six allegations of torture in detention were made in January; five complaints of abuse have been prepared for the U.N. Special Rapporteur on Torture. A local lawyer representing a Kyrgyz citizen who was alleging torture by the militia was threatened and subsequently withdrew his services. In March, prisoners in a Naryn detention center began rioting to protest conditions, and eight prisoners mutilated themselves in protest. One inmate later died of his self-inflicted injuries. While human rights NGOs had been able to conduct a prison-monitoring program in 2003, they were subsequently denied access to detention centers in 2004. However, Red Cross representatives received unhindered access to both prison and jail facilities in 2004.

President Akayev has sought to reassure ethnic minorities while simultaneously trying to satisfy the aspirations of ethnic Kyrgyz for greater national identity. The new constitution includes substantial protection for individuals, including non-ethnic Kyrgyz. Concerns remain over ethnic discrimination, but in general the situation for minorities has improved, and emigration, which is free, has decreased.

The Kyrgyz constitution provides for freedom of religion. The Government does not support any specific religion and expressly forbids religious instruction in government schools. The Government does not, however, fully protect religious rights. A 1996 law requires that religious groups register with the State Commission on Religious Affairs (SCRA). In practice, the Commission requires each congregation to register separately and does not always process the applications promptly.

Although there is no law on emigration, administrative procedures provide for the free movement of people. Emigrants are not prevented from returning to the country, and there is reportedly a small but steady flow of returnees.

Section 498A(a)(4): "respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully."

The Kyrgyz Republic has made a strong commitment to the observance of international legal obligations and OSCE commitments. The OSCE opened an office in Bishkek, the capital of the Kyrgyz Republic in January 1999 and a field office in Osh in April 2000. The Kyrgyz Republic is at peace with its neighbors, and is also a strong proponent of dialogue and cooperation among the states of the former Soviet Union. The Kyrgyz Republic participates in Partnership for Peace exercises.

Section 498A(a)(5): "cooperate in seeking peaceful resolution of ethnic and regional conflicts."

The Government is committed to establishing a multi-ethnic national identity and is particularly sensitive to the concerns of the non-Kyrgyz ethnic groups in the Kyrgyz Republic, although there are credible allegations of discrimination on the part of individual government officials.

Section 498A(a)(6): "implement responsible security policies, including--

(A) adhering to arms control obligations derived from agreements signed by the former Soviet Union;

(B) reducing military forces and expenditures to a level consistent with legitimate defense requirements;

(C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and

(D) restraining conventional weapons transfers."

The Government of the Kyrgyz Republic has formally declared its willingness and intent to accept all of the relevant arms control obligations of the former Soviet Union. The Kyrgyz Republic acceded to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), as a non-nuclear weapon state, on July 5, 1994. The Kyrgyz Republic signed its NPT safeguards agreement with the International Atomic Energy Agency on March 18, 1998. The Kyrgyz Republic is also committed to maintaining a small, defensive military force and National Guard. The Kyrgyz Republic has said that it is strongly opposed to the proliferation of weapons of mass destruction, their delivery systems or related technologies. The Government is taking steps to establish a functioning system of export controls, including work on a new export control law. We have received occasional reports of transfers or potential transfers of conventional weapons to state sponsors of terrorism from or through the Kyrgyz Republic, which we carefully review in light of our legal obligations under the various proliferation sanctions laws. None of these reports resulted in a sanctions determination during the reporting period. We are not aware that the Government of the Kyrgyz Republic has engaged in the proliferation of nuclear, biological, or chemical weapons, their delivery systems, or related technology. The Kyrgyz Republic ratified the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC) in 2003. Additionally, the Kyrgyz Republic has acknowledged it is a successor to the former Soviet Union’s obligations under the Intermediate and Shorter Range Nuclear Forces (INF) Treaty. Although it does not actively participate in the Special Verification Commission, it continues to observe the Treaty’s obligations. The Kyrgyz Republic acceded and became a State Party to the 1972 Biological Weapons Convention (BWC) in 2004. The Kyrgyz Republic has not subscribed to the International Code of Conduct Against Ballistic Missile Proliferation (ICOC).

In accordance with OSCE Vienna Document 1999, the Kyrgyz Republic has submitted the Confidence- and Security-Building Measures (CSBM) annual data declaration for the year beginning January 1, 2004, but did so one week after the December 15, 2003 deadline. The Kyrgyz Republic has not provided information for annual exchanges in accordance with the OSCE Global Exchange of Military Information (since 1995) or the OSCE Document on Small Arms and Light Weapons (since 2001), which we attribute to a lack of resources rather than a deliberate intent not to comply. The Kyrgyz Republic has willingly undergone CSBM inspections and evaluation visits in accordance with the OSCE Vienna Document.

The Government of the Kyrgyz Republic signed the Open Skies Treaty in 1992, but the Parliament has not yet approved it.

Section 498A(a)(7): "take constructive actions to protect the international environment, prevent significant trans-border pollution, and promote sustainable use of natural resources."

The Kyrgyz Republic suffered severe environmental degradation under Soviet rule, and there is broad-based support for domestic protection of the environment. The Kyrgyz Republic has shown an interest in regional cooperation on environmental issues, and has agreed to the establishment of a coordination and information sharing mechanism as a first step toward fuller cooperation on trans-border and international environmental issues. The Kyrgyz Republic is actively involved in bio-diversity issues and is working with international donors to advance bio-diversity studies. The Government of the Kyrgyz Republic has taken steps to establish public policy mechanisms to address environmental issues, including the establishment of a State Committee on Environmental Protection. National environmental NGOs continue to improve their access to the policy-making process on environmental issues.

The Kyrgyz Republic joined the other Central Asian states in the decision to locate the headquarters of a Regional Environmental Center (REC) in Almaty, Kazakhstan. The United States and the European Union support the establishment of this independent, non-profit, and non-political organization, the mission of which will be to strengthen civil society and support sustainable development by promoting public awareness and participation in regional environmental decision-making.

The Kyrgyz Republic has been an active and constructive player in regional and international efforts to alleviate the deteriorating environmental conditions and to foster regional cooperation in the Aral Sea basin. The Government of the Kyrgyz Republic has worked with the World Bank and international donors on a 15- to 20- year plan to stabilize the Aral Sea.

Section 498A(a)(8): "deny support for acts of international terrorism."

The Government of the Kyrgyz Republic does not grant sanctuary from prosecution to individuals or groups that have committed acts of international terrorism or otherwise support international terrorism. The Kyrgyz Republic is a party to six of the twelve international counter-terrorism conventions. The Government has been extremely supportive of the U.S.-led counter-terrorism coalition, allowing deployment of coalition aircraft from a civilian airport near the capital for operations in Afghanistan.

Section 498A(a)(9): "accept responsibility for paying an equitable portion of the indebtedness to United States firms incurred by the former Soviet Union."

In October 1991, shortly before the Soviet Union dissolved, Russia and eleven other Soviet republics, including the Kyrgyz Republic, signed a Memorandum of Understanding declaring themselves jointly and severally liable for the foreign debts of the former Soviet Union (FSU). In December 1991, Russia and seven other republics signed an agreement that assigned to each of the Newly Independent States a share of all the external assets and foreign debt of the FSU. The Kyrgyz Republic did not sign the December 1991 agreements.

In 1992, Russia sought to replace the joint and several liability principles by seeking full liability for the foreign debt of the FSU in return for all the external assets of the FSU. In August 1992, the Kyrgyz Republic signed a "double-zero option" agreement with Russia under which Russia agreed to assume the Kyrgyz Republic's share of the foreign debt of the FSU in return for the Kyrgyz Republic’s share of the FSU's external assets.

Please see section 498A(a)(9) of the Russia assessment regarding indebtedness to the United States incurred by the former Soviet Union.

Section 498A(a)(10): "cooperate with the United States Government in uncovering all evidence regarding Americans listed as prisoners-of-war, or otherwise missing during American operations, who were detained in the former Soviet Union during the Cold War."

The U.S. effort to uncover evidence of American POWs and MIAs in the former Soviet Union is being conducted through the U.S.-Russian Joint Commission on POWs/MIAs that was established in March 1992. In November 1995, the U.S. side of this Commission made a successful visit to the Kyrgyz Republic. The Commission met with senior government officials, including President Akayev. All officials cooperated fully and pledged to do their utmost to locate information on American POWs/MIAs. There is no evidence of any American POWs/MIAs in the Kyrgyz Republic.

Section 498A(a)(11): "terminate support for the communist regime in Cuba, including removal of troops, closing of military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and ceasing trade subsidies and economic, nuclear, and other assistance."

We have no evidence from which to conclude that the Government of the Kyrgyz Republic is providing military, intelligence, economic, nuclear, or other assistance to the Government of Cuba.

CHECKLIST FOR GROUNDS OF INELIGIBILITY UNDER SECTION 498A(b) OF THE FOREIGN ASSISTANCE ACT OF 1961

KYRGYZ REPUBLIC

Section 498A(b)(1): Has the President determined that the Government of the Kyrgyz Republic has "engaged in a consistent pattern of gross violations of internationally recognized human rights or of international law"?

No. The President has not made such a determination at this time. Nonetheless, we will continue working to address existing problems in the area of democracy and human rights both through diplomatic efforts and with assistance programs.

Section 498A(b)(2): Has the President determined that the Government of the Kyrgyz Republic "has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union"?

No. The President has not made such a determination at this time.

Section 498A(b)(3): Has the President determined that, after October 24, 1992, the Government of the Kyrgyz Republic "knowingly transferred to another country --

(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime; or

(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determine[d] that the material, equipment, or technology was to be used by such country in the manufacture of such weapon"?

No. The President has not made such a determination at this time.

Section 498A(b)(4): Is the Government of the Kyrgyz Republic "prohibited from receiving such assistance by section 101 or 102 of the Arms Export Control Act or sections 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991"?

No. We do not have information from which to conclude that the Government of the Kyrgyz Republic is would be ineligible to receive assistance under these statutes.

Section 498A(b)(5): Has the President determined and certified within 30 days to the appropriate congressional committees that the Government of the Kyrgyz Republic "is providing assistance for, or engaging in, non-market-based trade (as defined in section 498B(k)(3)) with the Cuban Government? If so, has the President taken action to withhold assistance from the Kyrgyz Republic under the Foreign Assistance Act with 30 days of such a determination, or has Congress enacted legislation disapproving the determination with that 30-day period?"

No. The President has not determined that the Government of the Kyrgyz Republic is providing assistance for, or engaging in any non-market-based trade with, the Cuban Government.