MOTION FOR A RESOLUTION on on the homophobic draft legislation in Kyrgyzstan

13.1.2015 - (2015/2505(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 135 of the Rules of Procedure

Sophia in 't Veld, Beatriz Becerra Basterrechea, Dita Charanzová, Gérard Deprez, Marielle de Sarnez, Juan Carlos Girauta Vidal, Ivan Jakovčić, Petr Ježek, Fernando Maura Barandiarán, Louis Michel, Javier Nart, Urmas Paet, Maite Pagazaurtundúa Ruiz, Jozo Radoš, Robert Rochefort, Marietje Schaake, Pavel Telička, Ramon Tremosa i Balcells, Johannes Cornelis van Baalen, Ivo Vajgl, Hilde Vautmans on behalf of the ALDE Group

See also joint motion for a resolution RC-B8-0054/2015

B8‑0056/2015

European Parliament resolution on on the homophobic draft legislation in Kyrgyzstan

(2015/2505(RSP))

The European Parliament,

–  having regard to Kyrgyzstan's constitution, and particularly Articles 16, 31, 33 and 34;

 

–  having regard to the international human rights obligations and instruments, including those contained in the UN conventions on human rights and in the European Convention for the Protection of Human Rights and Fundamental Freedoms, guaranteeing human rights and fundamental freedoms and prohibiting discrimination;

 

–  having regard to the International Covenant on Civil and Political Rights (ICCPR), guaranteeing the freedom of expression, freedom of assembly, the right to respect for the personal, private, and family lives of individuals, the right to equality, and the ban on discrimination in the enjoyment of those rights;

 

–  having regard to UN Human Rights Council resolution A/HRC/17/19 of 17 June 2011 and UN Human Rights Council resolution A/HRC/27/32 of 24 September 2014 on Human rights, sexual orientation and gender identity;

 

–  having regard to the statement by the spokesperson for the UN High Commissioner for Human Rights on Kyrgyzstan of 24 October 2014;

 

–  having regard to the Kyrgyz' parliament's "Partner for democracy" status at the Parliamentary Assembly of the Council of Europe (PACE);

 

–  having regard to PACE resolution 1984 (2014) of 8 April 2014 on the Request for Partner for Democracy status with the Parliamentary Assembly submitted by the Parliament of the Kyrgyz Republic, particularly paragraphs 15.24, 15.25 and 15.26;

 

–  having regard to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, and particularly Article 2 and Article 92 thereof;

 

–  having regard to the European Union Guidelines on Human Rights Defenders, adopted in June 2004, and reviewed in 2008, and to the Guidelines to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons, adopted by the Council on 24 June 2013;

 

–  having regard to Rule 135 of its Rules of Procedure;

 

A.  whereas all human beings are born free and equal in dignity and rights; whereas all States have the obligation to prevent violence and discrimination, including on the basis of sexual orientation, gender identity and gender expression;

 

B.  whereas Kyrgyzstan has achieved great progress over the past years, most notably by becoming a parliamentary democracy, stepping up efforts in the fight against corruption, and committing itself to universal human rights standards;

 

 

C.  whereas lesbian, gay, bisexual, transgender and intersex (LGBTI) people must enjoy the same human rights as all other people;

 

D.  whereas the Kyrgyz republic decriminalised male homosexuality in 1998, and female homosexuality in 2004;

 

E.   whereas on 15 October 2014 the Kyrgyz parliament passed in first reading draft bill 6-11804/14, which contains amendments to the Criminal Code, the Code of Administrative Responsibility, the Law on Peaceful Assembly, and the Law on Mass Media, aiming to prohibit the "promotion of non-traditional sexual relations in open or indirect way" and foreseeing up to one year imprisonment;

 

F.  whereas on 24 October 2014, The United Nations human rights office called on the Kyrgyz Parliament to refrain from passing such draft legislation discriminating against people who are lesbian, gay, bisexual or transgender people;

 

G.  whereas the media, the public, and political and religious leaders in the country are increasingly seeking to intimidate LGBTI people, limit their rights and legitimise violence against them;

 

H. whereas numerous heads of states and government, United Nations leaders, government and parliamentary representatives, the EU, including the Council, the Parliament, the Commission and former High Representative Ashton, have sternly condemned similar 'anti-propaganda' laws;

 

I.  whereas the Moldovan Parliament withdrew a similar law prohibiting the “propagation of any other relations than those related to marriage or family” in October 2013;

 

J.  whereas the Universal Periodic Review of Kyrgyzstan before the UN Human Rights Council is foreseen to be under first consideration on 19th January 2015

 

1.  Reiterates the fact that sexual orientation and gender identity are matters falling within the sphere of the individual right to privacy as guaranteed by international human rights law, according to which equality and non-discrimination should be protected, whilst freedom of expression should be guaranteed;

 

2.   Reminds the Kyrgyz Parliament of its international obligations and of the Partnership and Cooperation Agreement with the European Union, which includes full respect for human rights as essential element of the partnership;

 

3.  Calls on the Kyrgyz Parliament to follow the recommendations by the Parliamentary Assembly of the Council of Europe made in Resolution 1984 (2014) on the Request for Partner for Democracy status, and in particular recommendations 15.24, 15.25 and 15.26;

 

4.   Calls on the Kyrgyz Parliament to respect its constitution, including Article 16, which states that "laws that deny or derogate human and civil rights and freedoms shall not be adopted in the Kyrgyz Republic", and Article 31, 33 and 34, affirming freedom of speech, freedom of information and freedom of assembly, and reject Bill 6-11804/14;

 

5.  Is deeply concerned about the negative consequences of the discussion and potential adoption of this bill, further increasing stigmatization, discrimination and violence against LGBTI individuals and creating an atmosphere of impunity; calls on politicians to refrain from anti-LGBTI rhetoric, including hate speech and incitement to hatred;

 

6. Is concerned that international donors, non-governmental organisations and humanitarian organisations would have to reconsider or cease their activities in certain fields should the bill pass into law, including vital HIV programs among men who have sex with men and transgender people;

 

7.  Calls on the Commission, the Council and the External Action Service to make urgent representations to the Kyrgyz authorities and, should the bill pass into law and breaches of international human rights law take place, reconsider their involvement with Kyrgyzstan in line with Article 92 (2) of the Partnership and Cooperation Agreement; further calls on the Council of the European Union and the External Action Service to raise this issue in the relevant international fora, such as the Organization for Security and Co-operation in Europe, and the United Nations;

 

8. Calls on the UN Human Council to take into consideration, as part of the upcoming Universal Periodic Review of Kyrgyzstan, the blatant breach of the principles of equality and non-discrimination represented by this draft law;

 

9.  Calls on the Parliamentary Assembly of the Council of Europe to verify Kyrgyzstan's Parliament's compatibility with its "Partnership for Democracy" status, and take appropriate measures, should the bill pass into law;

 

10. Instructs its President to forward this resolution to the Council, the Commission, the High Representative/Vice-President for Foreign Affairs and Security Policy, the Parliamentary Assembly of the Council of Europe, the Parliament of Kyrgyzstan and the President of Kyrgyzstan.