KYRGYZSTAN-SOGI-TBs-CCPR

Concluding Observations on Report 3 (2022) (Link)

Non-discrimination

11. The Committee welcomes the information provided by the State party that the draft National Human Rights Action Plan for 2022–2024 includes the proposals for the adoption of comprehensive anti-discrimination legislation. However, the Committee remains concerned that the existing legal framework does not afford full and effective protection against direct, indirect and multiple discrimination in the public and private sectors and on all the grounds prohibited under the Covenant. Particularly, it is concerned that article 24 of the Constitution does not explicitly mention sexual orientation and gender identity as grounds of discrimination, and its applicability to discrimination in the private sphere, including education and health care. The Committee is also concerned that article 330 of the Criminal Code, while penalizing incitement to racial, ethnic, religious or interregional hostility or hatred, does not include sexual orientation and gender identity (arts. 2 and 26).

12. In line with the Committee’s previous recommendations,6 the State party should: (a) Adopt comprehensive anti-discrimination legislation that provides full and effective protection against discrimination in all spheres and that contains a comprehensive list of prohibited grounds for discrimination, including sexual orientation and gender identity, and provides for effective remedies in cases of violation;

(b) Adopt concrete measures, including the provision of training and awareness-raising programmes for civil servants, law enforcement officers and the judiciary, including the public prosecution, to effectively prevent acts of discrimination;

(c) Encourage the reporting of hate crimes and hate speech, including online hate speech, and ensure that all cases are thoroughly investigated, perpetrators are prosecuted and punished, and victims are provided with full reparation.

Discrimination on the grounds of sexual orientation and gender identity

13. The Committee remains concerned about continued reports of hate crimes and hate speech based on sexual orientation and gender identity. It is further concerned by reports of stigmatization, harassment, violence and discrimination against individuals conducted with impunity by politicians and State officials on the grounds of sexual orientation and gender identity, particularly during the parliamentary elections in 2020. While taking note of the information on training courses, which are regularly organized for the benefit of civil servants, the Committee is concerned about the lack of comprehensive training programmes for all State officials and of awareness-raising campaigns for the entire population (arts. 2, 7, 17, 21 and 26).

14. The State party should adopt a comprehensive approach to prevent and address all forms of discrimination on the grounds of sexual orientation and gender identity, and:

(a) Provide effective protection against all forms of discrimination and violence based on sexual orientation and gender identity, both in law and in practice, and ensure that such acts are promptly and thoroughly investigated;

(b) Reinforce training of State officials, including the judiciary, the public prosecution service and the police, on preventing and combating violence based on sexual orientation and gender identity.

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Concluding Observations on Report 2 (2014) (Link)

9. The Committee is concerned about reports of violence against lesbian, gay, bisexual and transgender (LGBT) persons by both State and non-State actors, and the failure on the part of the State party to address such violence (arts. 2 and 26).

The State party should ensure that violence against LGBT persons is thoroughly investigated, that perpetrators are prosecuted, and if convicted, punished with appropriate sanctions, and that the victims are adequately compensated and protected against reprisals.

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Concluding Observations on Report 1 (2000) (Link)

[no mention]

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