Section 2. Respect for Civil Liberties, Including:
The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. NGO leaders and media rights advocates acknowledged a more relaxed press environment under the Jeenbekov administration, noting a clear drop in libel lawsuits against independent media outlets and the withdrawal of existing cases launched under the previous administration. Self-censorship continued to be prevalent, and pressure reportedly existed from editors and political figures to bias reporting.
Freedom of Expression: Multiple civil society groups noted an increase in the application of Article 299 of the criminal code on the “incitement of interethnic, racial, religious, and interregional hatred.” Observers stated in some cases authorities broadly interpreted Article 299 to sanction speech, which tended to affect ethnic minorities and human rights defenders. According to NGOs, virtually all arrests under Article 299 resulted in convictions in 2018. Civil society organizations called the process to confirm violations of Article 299 arbitrary, politicized, and unprofessional. Article 314 of the penal code that came into force in January requires an intent to distribute extremist materials be proven in order to convict of a crime. Article 314 replaces the provisions found previously in Article 299.
Press and Media, Including Online Media: As in earlier years, some journalists reported intimidation related to coverage of sensitive topics, such as interethnic relations, “religious extremism,” or the rise of nationalism. The trend was particularly salient against Uzbek-language media outlets.
In recent years the government, security services, and oligarchs attempted to prevent independent media from operating freely in the country. The government continued its tight controls over news content on state television.
On August 14, OSCE Representative on Freedom of the Media Harlem Desir expressed his concern over the closure of the television channel April TV in Bishkek and called for respect for diversity in media. On August 9, the security services sealed off channel April TV’s headquarters in Bishkek as part of a security operation, shutting it down. “I am concerned by the seizure of assets of the television channel April and the suspension of its operations,” the representative said. “While I am fully aware of the exceptional circumstances under which this decision was taken, I call on the relevant authorities to review this decision.” The representative also said the safety of journalists who cover political events must be respected by all actors, after media worker Aida Djumashova was injured during the raid on former president Atambaev’s home on August 7 and protesters attacked reporters with Vesti.kg, April and Kloop.kg in Bishkek on August 8. On November 21, April TV received permission to resume broadcasting, but on December 7, the Military Prosecutor’s Office filed a lawsuit to prevent April TV from broadcasting further. The Media Policy Institute appealed to the court, asking that the ban on broadcasting be reversed. The institute released a statement asserting the Military Prosecutor’s Office did not have the authority to ban April TV from broadcasting.
Violence and Harassment: Journalists, especially those who are ethnic Uzbeks, reported harassment by police, and continuing pressure by local and national authorities to avoid reporting on sensitive issues, including ethnic conflicts, corruption, and political figures. Media members also reported that nonstate actors, particularly politically well connected and wealthy individuals, harassed them for reporting on those individuals’ alleged corruption and other kinds of wrongdoing. Journalists sometimes practiced self-censorship to avoid reprisals for their reporting.
Censorship or Content Restrictions: As in previous years, journalists and NGO leaders alleged some news outlets instructed their reporters not to report critically on certain politicians or government officials. The sources also reported some news outlets received requests from offices of the government to report in a particular way or to ignore specific news stories.
NGO leaders and media sources reported state-owned broadcasters remained under pressure to transmit stories promoting government policies and initiatives and develop narratives critical of NGOs, opposition figures, and civil society activists.
As the government transitions from an analog to a digital broadcasting system starting this year, individuals and news organizations can submit requests to the government to get a license for a television channel. The government controlled the licensing process, and civil society reported the government abused the licensing process by revoking licenses to individuals or organizations which broadcast content the government disagrees with. The government’s revocation of a license to operate a television channel can financially decimate a news outlet and shutter their operations.
Libel/Slander Laws: While libel is not a criminal offense except in narrowly prescribed instances, NGO leaders described the False Accusations Amendments, passed in 2014 as a practical “recriminalizing of libel.” Journalists noted the law exposed media to libel suits in civil courts that could bankrupt the outlets or journalists in their defense attempts. In 2015 the Constitutional Chamber narrowed the reach of the law, holding that henceforth it would apply only in cases of knowingly making false statements in a police report but not to statements in media, although subsequent decisions appeared to contradict that ruling. While slander and libel are not criminal offenses, civil lawsuits can result in defendants paying compensation for moral harm, which the law does not limit in size. Observers stated courts arbitrarily ruled on the amount of compensation and that failure to pay compensation could serve as a basis for criminal prosecution.
In the first half of the year, press reported that, despite the improvements in press freedom, attacks on media continued through the use of libel laws. The Supreme Court upheld a decision in the suit of Social Democratic Party of Kyrgyzstan Member of Parliament (MP) Kozhobek Ryspaev against the newspaper Achyk Sayasat. The newspaper had to pay Ryspaev 300,000 soms ($4,300) in compensation. The newspaper editor in chief Nazgul Mamytova said the newspaper was likely to close. MP Ryspaev sued the newspaper due to an article that was published in August 2018, which stated Ryspaev was moving from one political party to another, and the author called him a “chameleon.”
The Adilet Legal Clinic reported the organization defended journalists and media outlets charged with libel and slander and that members of media regularly feared the threat of lawsuits.
The government generally allowed access to the internet, including social media sites. There were no public credible reports the government monitored private online communications without appropriate legal authority. There were no reports during the year that the government blocked websites spreading “extremist” and terrorist materials without a court order. Media reported that, in August, courts blocked five social-media accounts and eight online-media channels, due to extremist content. In September, the Civic Initiative on Internet Policy reported on 359 internet resources that are subject for blockage by the government, including archive.org, soundcloud.com, and numerous links to Facebook and YouTube.
On November 24, the GKNB arrested Aftandil Jorobekov, a blogger and administrator of the popular Facebook page BespredelKG (LawlessnessKG), after he posted statements critical of President Jeenbekov and his relationship with former deputy state customs service head Raimbek Matraimov. The GKNB charged Jorobekov with inciting interregional discord under the criminal code. The charges against Jorobekov also cited posts written in response to his initial post by other users as evidence of his crime. According to the GKNB, “[Jorobekov’s posts] divided the users into opposing groups, provoked mutual insulting comments, which ultimately led to arousal in people of hatred towards each other in the form of inciting interregional hatred,” and it claimed that Jorobekov posted false and provocative information alleging the president was an accomplice in corruption. Jorobekov was released under house arrest on December 5. Numerous human rights organizations, including Human Rights Watch, criticized the arrest, calling it a blatant attempt to stifle criticism of the president.
There were no government restrictions on academic freedom. Institutions providing advanced religious education must follow strict reporting policies, but they reported no restrictions on academic freedom.
b. Freedoms of Peaceful Assembly and Association
The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.
The constitution provides for this right, although it took steps to limit peaceful assembly in Bishkek and Talas. Organizers and participants are responsible for notifying authorities of planned assemblies, but the constitution prohibits authorities from banning or restricting peaceful assemblies, even in the absence of prior notification. Local authorities, however, have the right to demand an end to a public action and, in the event of noncompliance, are empowered to take measures to end assemblies. In September the Pervomaisky District Court in Bishkek announced a ban on public assemblies in the center of Bishkek from September 17 to October 15. Press reported that in late September the GKNB investigated protesters in Talas under the criminal article forbidding the planning of violent activities against the state during preparations for peaceful protest on the environmental effects of mining.
The law provides for freedom of association, and the government generally respected it. NGOs, labor unions, political parties, and cultural associations must register with the Ministry of Justice. NGOs are required to have at least three members and all other organizations at least 10 members. The Ministry of Justice did not refuse to register any domestic NGOs. The law prohibits foreign-funded political parties and NGOs, including their representative offices and branches, from pursuing political goals.
The government continued to maintain bans on 21 “religiously oriented” groups it considered to be extremist, including al-Qa’ida, the Taliban, the East Turkestan Islamic Movement, the Kurdish People’s Congress, the Organization for the Liberation of Eastern Turkistan, Hizb ut-Tahrir, the Union of Islamic Jihad, the Islamic Movement of Uzbekistan, the Unification (Mun San Men) Church, Takfir Jihadist, Jaysh al-Mahdi, Jund al-Khilafah, Ansarullah At-Takfir Val Hidjra, Akromiya, ISIS, Djabhat An Nusra, Katibat al-Imam al-Buhari, Jannat Oshiqlari, Jamaat al-Tawhid wal-Jihad, and Yakyn Incar. Authorities also continued the ban on all materials or activities connected to A. A. Tihomirov, also known as Said Buryatsky.
As in recent years, numerous human rights activists reported continued arrests and prosecution of persons accused of possessing and distributing Hizb ut-Tahrir literature (see section 1.d.). Most arrests of alleged Hizb ut-Tahrir members occurred in the southern part of the country and involved ethnic Uzbeks. The government charged the majority of those arrested with possession of illegal religious material. In some cases NGOs alleged police planted Hizb ut-Tahrir literature as evidence against those arrested.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
Foreign Travel: The law on migration prohibits travel abroad by citizens who have or had access to information classified as state secrets until the information is declassified.
Citizenship: The law on combating terrorism and extremism revokes the citizenship of anyone convicted of terrorist and extremist activities. The government did not use the law during the year.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other organizations to provide some protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. In April the State Migration Service reported there were 193 refugees in the country, including 87 from Afghanistan.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The law on refugees includes nondiscrimination provisions covering persons who UNHCR did not grant refugee status to when they left their country of origin and extends the validity of documents until a final decision on status is determined by a court.
Employment: The government grants legal permission to work to individuals UNHCR has determined are refugees and to whom the government has granted official residency status in the country. Not all refugees qualify for residency status according to the government. Individuals who UNHCR has determined are refugees, but to whom the government has not conferred legal residency, are not legally permitted to work, access medical services, or receive identity documents. Therefore, they are susceptible to exploitation by employers paying substandard wages, not providing benefits, and not complying with labor regulations. They could not file grievances with authorities.
Access to Basic Services: The government deemed individuals whom UNHCR determined ineligible for refugee status, as well as asylum seekers who lacked official status, as ineligible to receive state-sponsored social benefits. Refugees with official status in the country have access to basic services.
In July, UNHCR confirmed the country did not have any stateless individuals documented within its borders. During the year the remaining 50 stateless persons living in the country received local passports and acquired similar rights to citizens. UNHCR reported the government had issued approximately 13,431 individuals local passports since 2014.
Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. In practice authorities and party officials responsible for administering elections engaged in some procedural irregularities.
Recent Elections: In October 2017 voters elected former prime minister Sooronbai Jeenbekov as president, with approximately 55 percent of the total vote. The OSCE deemed the elections competitive with 11 candidates who were generally able to campaign freely. Misuse of administrative resources, pressure on voters, and vote buying remained a concern.
Political Parties and Political Participation: Members of parliament are selected through a national “party list” system.
Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. The election code requires the names of male and female parliamentary candidates be intermixed on party lists and that no more than 70 percent of candidates on a party list can be of the same gender. After voting occurred, party leaders regularly reordered the lists, often to the disadvantage of women. A 2017 amendment to the law on elections requires that MPs who resign their mandate be replaced by persons of the same gender. Women held fewer than 10 percent of parliamentary seats.
By law women must be represented in all branches of government and constitute no less than 30 percent of state bodies and local authorities. The law does not specify the level of the positions at which they must be represented.