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TITLE:  KYRGYZ REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                        KYRGYZ REPUBLIC


The Kyrgyz Republic became an independent state in 1991.
Although the 1993 Constitution defines the form of government
as a democratic republic with substantial civil rights for its
citizens, the President, Askar Akayev, continues to dominate
the Government.  First elected President by the Kyrgyzstan
Supreme Soviet in 1990, he was "reelected" in a 1991 referendum
in which he was unopposed.  His term of office was reaffirmed
in a January 1994 referendum.  Following a series of
presidential decrees in September, an October 22 national
referendum approved constitutional amendments allowing the
Constitution to be amended by future referendums and calling
for the formation of a new 105-member bicameral Parliament.
Parliamentary elections scheduled for December 24 were
postponed until February 1995.

The Committee on National Security (KNB) has inherited much of
its personnel and infrastructure from the Soviet Committee for
State Security, or KGB.  The KNB Chairman is a member of the
Cabinet.  The KNB appears to be under the full control of the
Government, and it must conform its actions to the law.

The Kyrgyz Republic is a poor, very mountainous country, with a
predominantly agricultural economy highly dependent on trade
with the other states of the former Soviet Union.  The
Government is committed to establish a market economy,
encourage privatization, and attract foreign investment.  In
1994 it made significant progress in controlling inflation and
stabilizing the currency, but industrial production and the
standard of living continued to fall.

The major human rights question raised in 1994 was whether the
Government was manipulating the political system to ensure its
retention of power.  It closed two newspapers that had
criticized its policies and engineered a parliamentary boycott,
at least in part to prevent investigation of government
corruption and to create a more malleable legislative body.
Other human rights problems include executive branch domination
of the judiciary (with concomitant lack of protection against
arbitrary detention and assurance of fair trial), and ethnic
discrimination.

In response to the exodus of the Russian-speaking people, the
President issued two decrees acknowledging that discrimination
was one of the factors in their decision to leave.  In the same
decrees, the President postponed the adoption of Kyrgyz as the
official language until the year 2005, made Russian the
official language for work in technical and scientific fields,
and recommitted the Government to fighting discrimination.  The
more than 40 percent of the population that is non-Kyrgyz
welcomed this approach.  Nevertheless, discrimination by ethnic
Kyrgyz government officials against non-Kyrgyz citizens
remained a common complaint of the Russian-speaking and Uzbek
population.

RESPECT FOR HUMAN RIGHTS

Section 1     Respect for the Integrity of the Person,
              Including Freedom from:

    a.   Political and Extrajudicial Killing

There were no reports of such killings.

    b.   Disappearance

There were no reports of disappearances or abductions
attributable to government authorities or others.

    c.   Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Local independent newspapers have run numerous stories about
police brutality.  In most instances, it involved police
physically abusing suspects taken into custody.  In the fall of
1994, over the course of 1 month, the police detained and beat
two journalists.  When the press questioned a government
minister, he said they had been beaten not as journalists but
as citizens of Kyrgyzstan.

    d.   Arbitrary Arrest, Detention, or Exile

The judicial system continues to operate under the laws and
procedures of the Soviet period.  The procurator's office
determines who may be detained, arrested, and prosecuted.  The
Ministry of the Interior, the KNB, and the General Procurator's
office carry out investigations.  Since 1990 everyone arrested
or charged with a crime has the right to defense counsel.  The
procurator's office responsible for the investigation often
nominates the defense counsel, who is required to visit the
accused within the first 3 days of initial incarceration.  The
old procedure, however, in which the accused had access to
defense counsel only after the case comes to trial, is often
followed.

The Criminal Code permits the procurator to detain a suspect
for up to 72 hours before releasing him or informing him of the
crime he is suspected of having committed.  If the procurator
elects to accuse a suspect, he must immediately advise defense
counsel of that decision.  The accused remains in detention
while the procurator investigates the case and prepares to
present it to the court.  At the procurator's discretion, he
may keep the accused in pretrial detention for up to 1 year.
Upon expiration of the year, the procurator must release the
accused or ask the Parliament to extend the period of
detention.  Since independence, there have been no known
instances in which the Supreme Soviet voted for such an
extension.  The procurator, not the judge, is in charge of the
criminal proceedings, and thus the courts continue to be widely
perceived as a rubber stamp for the procurator and not a
protector of citizens' rights.  In addition, judges' salaries
are abysmally low, which has led to the apparently well-
grounded view among the population that judges' decisions can
be easily bought.

    e.   Denial of Fair Public Trial

The court system remains largely unreformed since the Soviet
period.  Once the procurator is ready, he brings the case of
the accused to court and tries it before a judge and two
people's assessors (pensioners or citizens chosen from labor
collectives).  The accused and defense counsel have access to
all evidence gathered by the procurator.  They attend all
proceedings, which are generally public, and are allowed to
question witnesses and present evidence.  Witnesses do not
recapitulate their testimony before the court; instead they
affirm or deny their statements in the procurator's files.
Defendants in criminal cases are treated in a demeaning manner
by being kept in cages in the courtroom.

The court may render one of three decisions:  innocent, guilty,
or indeterminate (i.e., the case is returned to the procurator
for further investigation).  Both the defendant and the
procurator may appeal the verdict to the next higher court or
to the General Procurator's office.  However, the decision of a
court to return a case to the procurator for further
investigation may not be appealed, and the accused is returned
to the procurator's custody where he or she may remain under
detention.  The Court of Appeal may review lower court
decisions irrespective of whether a party to the decision has
appealed.  Changes to the lower court's decision frequently
result in the imposition of a more severe penalty, and almost
invariably so in criminal cases.

The Government has recognized the need to reform the system.
Certain Western practices, including the presumption of
innocence of the accused, have been introduced.  However, a
deteriorating economy and a system staffed largely by officials
trained during the Soviet period continued to impede reforms.

The appointment of ethnic Kyrgyz to key positions in the
judicial system has led to charges by non-Kyrgyz that the
system is arbitrary and unfair, and that the courts treat
Kyrgyz more leniently than members of other groups.  Although
systematic discrimination is not clearly evident, it is
credible in individual cases.

    f.   Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The 1993 Constitution prohibits unlawful entry into a home
against the wishes of the occupant and states that a person's
private life, privacy of correspondence, and telephonic and
telegraphic communications are protected by law.  Current law
and procedures require the General Procurators's approval for
wiretaps, searches of homes, interception of mail, and similar
procedures.

Personnel and organizations responsible for violations during
the Soviet period have remained largely in place; however, no
widespread and systematic violations of the privacy of citizens
were reported in 1994, but the local press often cited
harassment of individuals by police on the street as a
problem.  Some citizens active in politics or interested in
human rights believe that the privacy of their communications
was violated in 1994.  Credible evidence is not available.

Section 2     Respect for Civil Liberties, Including:

    a.   Freedom of Speech and Press

In 1994 the Government restricted these rights.  In 1992 the
Supreme Soviet passed a law which calls for freedom of the
press and mass media but also provides guidelines proscribing
publication of certain information.  The law supports the right
of journalists to obtain information, to publish without prior
restraint, and to protect sources.  However, it also contains
provisions that the Government used to restrict press freedom.
For example, the law prohibits publication of material that
advocates war, violence, or intolerance toward ethnic or
religious groups; desecration of national norms, ethics, and
symbols like the national seal, anthem, or flag; publication of
pornography; and propagation of "false information."  The law
also states that the press should not violate the privacy or
dignity of individuals.  It requires all media to register with
the Ministry of Justice and to await the Ministry's approval
before beginning to operate.

While a few fully independent newspapers and magazines exist in
the capital, the Government continues to control the press in
various ways.  For example, President Akayev in July sharply
criticized the press for alleged irresponsibility and proposed
legal action to shut down the parliamentary newspaper
Svobodniye Gory.  A Bishkek court in August ordered the closing
of Svobodniye Gory, which had been outspokenly critical of the
President.  The newspaper's August 19 edition was impounded at
the government printing house.  The procurator brought a suit
against Svobodniye Gory for allegedly publishing "deliberately
distorted information aimed at discrediting the President,
circulating material which violates ethical norms, and
deliberately insulting the leaders of foreign states and their
symbols, thus significantly damaging the interests and
integrity of the State and threatening its stability."

On August 19, the President issued a decree establishing a
council on the activities of the mass media.  According to the
government newspaper Slovo Kyrgyzstan, "the council will help
journalists in their work and prevent the use of the media from
causing political instability and upsetting interethnic accord
and civic peace."  On August 23, the Ministry of Justice
ordered the state-owned printing house to stop printing the
weekly newspaper Politika, which had been a frequent critic of
the President and the Government.  The Ministry of Justice
claimed that Politika was not registered as a newspaper,
although it was a supplement to the legally registered
newspaper Delo, whose name appeared above Politika's masthead.
Other newspapers, including government ones, print weekly
supplements without having them registered separately.

The Government owns all radio and television facilities, with
the exception of a television station in the capital, which
runs mostly videos copied in violation of international
copyright laws, and two radio stations that play music and
report news.  No prior restriction or censorship existed for
the electronic media during the first half of 1994, but Kyrgyz
television remained government controlled.

    b.   Freedom of Peaceful Assembly and Association

Under the 1993 Constitution, citizens have the right to
assemble and associate freely and did so without government
interference.  Permits are required for public marches and
gatherings but reportedly are routinely available.

The 1991 Law on Public Organizations, which includes labor
unions, political parties, and cultural associations, requires
them to register with the Ministry of Justice.  A bureaucratic
mentality, carried over from the Soviet period, is at least
partly responsible for the difficulties some organizations find
in registering, although ultimately all organizations have been
able to register.

    c.   Freedom of Religion

There are no governmental impediments to the revival and
practice of all religions.

    d.   Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Government policy supports free travel within and outside
Kyrgyzstan.  However, certain policies imposed during the
Soviet period remain in effect and continue, to varying
degrees, to restrict internal migration and resettlement and
impede citizens' ability to travel abroad.

Under the Soviet-era law, citizens need official government
permission ("propiska") to work and settle in a particular area
of the country.  Home and apartment owners are legally
restricted to selling their property to buyers with such
permission.  However, this law has increasingly become
irrelevant as people for economic reasons relocate within the
country, freely selling their homes and businesses.

There is no law on emigration.  Administrative procedures
permit movement of people; however, citizens who apply for
international passports must present a letter of invitation
from the country they intend to visit or to which they intend
to emigrate.  This policy was instituted during the Soviet
period and impedes unrestricted foreign travel.  There were no
reports, however, that citizens, after presenting such a
letter, were denied a passport or an exit visa.  Emigrants
reportedly were not prevented from returning to Kyrgyzstan.

To ease the difficulties for the members of the Russian-
speaking minority to emigrate and to handle in a more
systematic manner the arrival of Tajik refugees, the Government
began in 1993 to negotiate agreements with both Russia and
Tajikistan on management of the resettlement process and
protection of migrants' rights.  Issues blocking the signing of
a bilateral agreement with Russia are the legal status of their
respective nationalities in each other's countries, and the
procedure for allowing individuals to regain their citizenship
if they wish to return to Kyrgyzstan once they have emigrated
to Russia.

Section 3     Respect for Political Rights:  The Right of
              Citizens to Change Their Government

Citizens have the constitutional right to effect a peaceful
change of government but do not have the ability to do so.  The
Government has maintained its hold on power by means of two
one-sided referendums, the closure of two newspapers, the
manipulation of the Parliament's closure, and a series of
presidential decrees.

In January President Akayev asked that the people confirm
through a referendum their desire that he should complete his
term of office.  Few people took at face value the Government's
claim that 95.94 percent of the electorate had voted and that
96.43 percent of these had cast ballots in favor of the
President.  Most observers attribute these percentages to
overzealousness on the part of the President's circle of
advisers and local officials, most of whom employed
Soviet-style methods to get out the vote and to make sure it
was overwhelmingly positive.

In August the President asserted that Communists had caused a
political crisis by preventing the legislature from fulfilling
its role.  Many observers suggested, however, that the
Government was motivated by a desire to squelch corruption
investigations and create a more malleable Parliament.  A
majority of deputies boycotted the last scheduled parliamentary
session and prevented a quorum, thus making it impossible for
Parliament to conduct any legislative business before its term
expires on February 15, 1995.  Deputies made public claims of
being instructed to sign a "boycott" statement.  The September 7
edition of Vecherniy Bishkek quoted a number of purported
"boycotters" who said that they had never signed the document
attributed to them in the government press.

On September 20, the President issued a decree calling for a
referendum to amend the Constitution and announcing the
formation of an election commission composed of 15 people.
However, Article 58 of the Constitution provides that only
Parliament may create a central election commission.  The
commission appointed by the President consisted of
3 representatives of political parties, of whom 2 were members
of parties established by the Government, and 12 persons from
organizations funded or otherwise controlled by the Government.

On September 22, the President set forth by decree an outline
of the structure and functions of local government organs.
However, Article 93 of the Constitution provides that only
laws, not decrees, can regulate the principles of the
organization and activity of local government, thus placing it
under the jurisdiction of the Parliament and not the
President.  In addition, the President proposed that local
government administrative officials be eligible for election to
the regional house of his newly proposed bicameral Parliament,
despite the Constitution's ban on parliamentary membership for
such officials.  The decree also called for elections to local
government organs to take place on October 22, although the
election districts had not yet been announced or the candidates
nominated.

On September 23, a presidential decree set October 22 as the
date for a national referendum, proposing two amendments to the
Constitution.  One amendment stipulated that the Constitution
could be changed by means of a referendum (the Constitution at
that time did not allow this).  The other amendment provided
for a bicameral parliament, in which one house would have 35
permanently sitting members, the "lawmaking" house, while the
other would have 70 members convened periodically to approve
the budget and confirm presidential appointees.  The decree
provided that, based on the results of the referendum, the
future parliament would make "the appropriate changes and
additions" to five sections of the Constitution.  The
referendum contravened the procedures set forth in Article 96
of the Constitution, which provide clear guidelines for
amending the Constitution.  Both referendum questions were
approved by over 80 percent of the votes cast.  The election
commission reported an 86-percent voter turnout.

Russian speakers also allege that a "ceiling" exists in
government employment which precludes their promotion beyond a
certain level.  The representation of ethnic Kyrgyz at high and
intermediate levels of government is proportionally much
greater than the percentage of ethnic Kyrgyz in the general
population.  Russian speakers have been replaced in many
positions in government, industry, and education by ethnic
Kyrgyz.  This gives credence to perceptions that career
opportunities are limited for those who are not ethnic Kyrgyz.

There are no laws that restrict women or minorities from
participating in politics or government, and recently a women's
party was registered in Kyrgyzstan.  However, out of the 22
ministries and state committees, ethnic Kyrgyz men head all but
3; only 1 is headed by a woman.

Section 4     Governmental Attitude Regarding International and
              Nongovernmental Investigation of Alleged
              Violations of Human Rights

The Government does not restrict the activities of local human
rights monitors or the delegations and representatives of
international and nongovernmental human rights groups that
visit Kyrgyzstan.  There are two human rights groups, the
Kyrgyz-American Human Rights Bureau and the Human Rights
Organization.  The former has publicly criticized the
Government's violation of the Constitution.  In addition, in
connection with the independent newspaper, Delo No, it has
publicly taken up the causes of those who appear to have
suffered injustices at the hands of the police.

Section 5     Discrimination Based on Race, Sex, Religion,
              Disability, Language, or Social Status

The Government expresses strong commitment to protecting the
rights of members of all ethnic, religious, and linguistic
groups as well as those of women.  Articles 15 to 20 of the
Constitution protect the rights and freedom of individuals and
prohibit discrimination, including on the basis of language.
In an estimated population of 4.46 million, some 56.5 percent
are Kyrgyz, 18.8 percent Russians, 13.5 percent Uzbeks, and the
rest Ukrainians, Tajiks, Kazakhs, and others.

    Women

The law gives equal status to women in Kyrgyzstan, and women
are well represented in the work force, professions, and
institutions of higher learning.  In rural areas, women are
still seen only in the role of homemaker, mother, and wife.
The press often reports abuse and violence against women, which
is usually associated with abuse of alcohol.  Normal law
enforcement procedures are used in cases of domestic violence.
The Government has not established programs to address these
issues.

    Children

In April Parliament ratified the U.N. Convention on Children.
Since Parliament did not convene in the fall, it did not adopt
local laws to bring Kyrgyzstan into compliance with the U.N.
Convention.  Authorities continue to rely on former Soviet law
in this sphere.  There is no monitoring of children's rights in
Kyrgyzstan.  Children in rural areas are commonly used to pick
crops.

    National/Racial/Ethnic Minorities

Reported complaints of discrimination center on the treatment
of citizens who are not ethnic Kyrgyz.  These groups, which
make up over 40 percent of the population, are often called the
Russian-speaking minority.  Members of this minority allege
discrimination in hiring, promotion, and housing.  They
complain that government officials at all levels favored ethnic
Kyrgyz.

The 1993 Constitution designates Kyrgyz as the official
language but provides for the preservation and equal and free
development of Russian and other languages used in the
country.  However, many Russian speakers, particularly ethnic
Russians and Ukrainians, still feel disadvantaged because they
cannot speak Kyrgyz.  They have called on the Government to
adopt a policy of bilingualism.  The Government has not
established a universally available program of Kyrgyz
instruction for adult non-Kyrgyz speakers, although limited
instruction is available.

In general, adults who do not speak the language do not demand
Kyrgyz-language instruction.  On June 14, President Akayev
issued a decree designed to protect the rights of the Russian-
speaking minority and thereby reduce the outflow of Russian
speakers.  The decree states that the exodus of Russians from
the country is caused by social and political reasons--ethnic
hostility and job discrimination--and is hurting the national
economy.  The decree stipulates that the Russian language will
have official status alongside Kyrgyz in regions and at
enterprises where Russian speakers constitute a majority, as
well as in sectors, such as health services and technical
sciences, where use of Russian is particularly appropriate.  It
also provides for the fair representation of the
Russian-speaking population in the national Government, local
state administration, and on the boards of state organs and
enterprises.

    People with Disabilities

There is no special law to protect disabled individuals, nor
any law mandating accessibility.  Former Soviet law continues
to remain the basis for any resolution of complaints.
Government officials are inattentive to the issue, partly due
to the difficult economic situation and the state of the budget.

Section 6     Worker Rights

    a.   The Right of Association

The 1992 Labor Law provides for the right of all workers to
form and belong to trade unions, and there is no evidence that
the Government tried to obstruct the formation of independent
unions.  However, the Federation of Trade Unions of the Kyrgyz
Republic, successor to the former official union, remains the
sole trade union umbrella organization in the country.  The
same leaders are in charge, managing the State's social fund
and retaining the possession of its previously held properties,
as well as some of the resorts and sanatoriums financed by the
official Soviet trade union council.

In 1994 the Federation continued to be critical of government
policies, especially its policy of privatization, and their
impact on working class living standards.  Nevertheless, the
Federation still regards itself as in a process of transition
in which it is adjusting its relations with the Government,
with other unions in the former Soviet Union, and with unions
abroad.  The Federation remains affiliated to the Moscow-based
General Confederation of Trade Unions, which succeeded the
Soviet-era All-Union Central Council of Trade Unions.

Nineteen of Kyrgyzstan's 20 union organizations are affiliated
with the Federation and claim a total membership of
1.4 million.  The exception is the growing Union of
Entrepreneurs and Cooperative Members, which as of October
claimed a membership of 100,000.

While the right to strike is not codified, strikes are not
prohibited.  In 1994 there were no strikes.  The threat of a
strike by miners in the south was sufficient to induce the
Government to address the group's concerns.  There were no
retaliatory actions against this group, nor were there
instances of human rights abuses directed at unions or
individual workers.

The law permits unions to form and join federations and to
affiliate with international trade union bodies.  The Labor Law
calls for practices consistent with international standards.
Since independent unions are still in their infancy, no
meaningful affiliation with international trade union bodies
has taken place.

    b.   The Right to Organize and Bargain Collectively

The law recognizes the right of unions to negotiate for better
wages and conditions.  Although overall union structure and
practice remain relatively unchanged since the Soviet era,
there is growing evidence of active union participation in
state-owned and privatized enterprises.  However, the
Government sets wage levels by decree in most sectors of the
economy, although many state-owned factories have introduced
systems of bonuses and other incentives in keeping with the
Government's commitment to develop a market economy.  In the
private sector, employers set their own wage levels.

The law protects union members from antiunion discrimination,
and there were no recorded instances of discrimination against
anyone because of union activities in 1994.  However, because
the old management and labor leadership continues to dominate
the labor movement, anyone who wishes to form an independent
union faces formidable obstacles.  This, along with a
deteriorating economy, may discourage independent union
activity.  According to Federation officials, in the course of
the privatization process the workers of some enterprises,
possibly under pressure from management, dissolved their
primary trade union organizations.  The Federation also cited
one example in which the organization charter of a newly
privatized entity precluded its workers from engaging in union
activities.

There are no export processing zones.

    c.   Prohibition of Forced or Compulsory Labor

The law forbids forced or compulsory labor, and it is not known
to occur.

    d.   Minimum Age for Employment of Children

The minimum age for employment is 18 years.  Students are
allowed to work up to 6 hours per day in summer or in part-time
jobs from the age of 16.  The law prohibits the use of child
labor (under age 16); the Ministry of Education monitors
enforcement.  However, families frequently call upon their
children to work to help support the family.

    e.   Acceptable Conditions of Work

The Government sets a national, legally mandated minimum wage
at a level theoretically sufficient to provide minimal
subsistence.  As of December 15, the minimum wage was about
$6.00 (68 soms) per month.  In practice, even the higher median
wage is considered insufficient to assure a decent standard of
living for a worker and family.  The Federation is responsible
for enforcing all labor laws, including the Law on Minimum
Wages.  As the Government provides the overwhelming proportion
of employment, minimum wage regulations are largely observed.
However, enforcement of labor laws is nonexistent in the
growing underground economy.  Market forces help wages in the
unofficial sector to keep pace with official wage scales.

The standard workweek is 41 hours, usually within a 5-day
week.  For state-owned industries, there is a mandatory 24-hour
rest period in the workweek.

Safety and health conditions in factories are poor.  The
deteriorating economy hindered enforcement of existing
regulations and prevented investment to improve health and
safety standards.  The April 1992 law established occupational
health and safety standards, as well as enforcement
procedures.  Besides government inspection teams, trade unions
are assigned active roles in assuring compliance with these
measures, but once again the rapidly deteriorating economic
situation in the country has made the compliance record of
businesses spotty.