MOTION FOR A RESOLUTION on Kyrgyzstan, homosexual propaganda bill

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

Malin Björk, Marie-Christine Vergiat, Patrick Le Hyaric, Josu Juaristi Abaunz, Younous Omarjee, Javier Couso Permuy, Paloma López Bermejo, Marina Albiol Guzmán, Ángela Vallina on behalf of the GUE/NGL Group

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

B8‑0065/2015

European Parliament resolution on Kyrgyzstan, homosexual propapagande bill

(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 the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979

 

–  having regard the Millennium Development Goals and its post-2015 agenda;

 

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

 

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

 

D.  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;

 

E. 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;

 

F. Whereas LGBTI people notably gay and bisexual men have been subjected to a range of abuses at the hands of police in Kyrgyzstan, including physical, sexual, and psychological violence; arbitrary detention; and extortion under the threat of violence or of exposing victims’ sexual orientation to friends and family;

 

G. whereas the international community including UN, numerous heads of states and, government and parliamentary representatives, and NGO’s have sternly condemned similar 'anti-propaganda' laws;

 

 

H. Whereas the economic and social situation in Kyrgyzstan tumbled down the last two decades putting in danger the access of certain rights such as health services; whereas Kyrgyzstan’s location, at the crossroads of drug trafficking through Central Asia, has helped drive the number of injecting drug users up by 50 times in the last two decades, with a current total of around 25,000; whereas in this context Kyrgyzstan still has a relatively low prevalence of HIV but the virus is spreading at one of the fastest rates in the world; whereas the economic and social situation worsened since the collapse of rubble;

 

I.  Whereas discrimination based on sex, sexual orientation, and gender identity are linked, and whereas gender inequalities remain important, and girls and women in Kyrgyzstan continue to suffer abuse such as abduction and forced marriage, even if the law from 1994 forbidding it was reinforced in January 2013;

 

 

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.  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;

 

 

3.  Calls on the Kyrgyz authorities to publicly reaffirm that all people in Kyrgyzstan have the right to live free from discrimination and violence based on their sex, gender, sexual orientation or gender identity and that any acts to the contrary are illegal and will be prosecuted;

 

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. Calls on the Kyrgyz authorities to ensure that allegations of torture and inhuman and degrading treatment are investigated promptly and efficiently and that perpetrators are brought to justice; calls, furthermore, for the release Azimjon Askarov pending a full, impartial, and fair investigation, including into his allegations of torture and ill-treatment;

 

7.  Is highly preoccupied by the situation of women and girls in Kyrgyzstan especially concerning abduction and forced marriage and urges Kyrgyz authorities to reinforce their efforts against this phenomenon;

 

8. 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;

 

9.  Recognizes that the economic and social situation is worsened the last two decades and further since the recent collapse of rubble; urge therefore the European Union to concentrate its funding to the resolve economic and social issues such as the access of health services, fight against HIV, access to public services and fight against drug trafficking, in relation with the priorities of the UN agencies and UN Millennium goals;

 

10. Reminds to the EEAS and others European Institutions that the Partnership and Cooperation Agreement with Kyrgyzstan includes a Human right clause; deplores the fact that the Human rights politics of EU are generally submit to economical and geopolitical interests and urges to implement this clause in the dialogue with Kyrgyzstan authorities; believes that beyond these clauses it is necessary to set up new cooperation for economic and social development of third countries responding to population's needs;

 

11. 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;

 

12. 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.