OSCE/ODIHR, Venice Commission recommend Kyrgyz Republic reconsider adoption of draft amendments to law on non-commercial organizations

Draft amendments to the Kyrgyz Republic’s law on non-commercial organizations would, if adopted, breach international human rights standards and OSCE commitments on freedom of association, concludes a joint interim legal opinion prepared by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Council of Europe’s Venice Commission and released on 16 October 2013.

The opinion, published on 16 October 2013, expresses strong reservations about the term “foreign agent” in the draft law, and notes that, due to this and other unclear terminology in the draft, the term could be applied to a wide variety of associations.

The opinion also notes that, if passed, the law would provide state authorities with largely unfettered powers to monitor and intervene in the work of such organizations. At the same time, the special reporting requirements for associations are considered overly burdensome, and likely to impede the work of non-commercial organizations receiving foreign funding.

The draft law was submitted by members of the Kyrgyz parliament in September 2013 and specifies that non-commercial organizations that engage in “political activities” and receive financial support from foreign sources would be required to register as “foreign agents”. The draft legislation further seeks to introduce additional reporting obligations on these and other types of non-commercial organizations, and grants authorities broad supervision and oversight powers over their activities.

The opinion was prepared in response to a request from the Chairperson of the Human Rights, Constitutional Legislation and State Structure Committee of the Kyrgyz Republic’s parliament.

In the opinion, the OSCE/ODIHR and the Venice Commission stress that they remain at the disposal of the authorities of the Kyrgyz Republic for any further assistance that may be requested by the authorities.