Nadira Narmatova, the author of the amendments to the Law on NGOs and the Criminal Code, which provide for the introduction of a concept of «foreign representative» (the analogue of a foreign agent in Russian legislation), does not intend to give up the idea of burying the civil sector.

Experts warn that trampling on civil liberties can have negative consequences both for the country that does not comply with international obligations and for the politicians lobbying for the relevant bills. There is a precedent: in August 2022, the U.S. imposed visa sanctions against 100 Belarusian officials, security official and propagandists.

Deputies of the Parliament of Kyrgyzstan, who undermine fundamental human rights, in particular, freedom of speech and freedom of association by their initiatives, may also be included in the list.

Earlier, the Committee on Law and Order, Combating Crime and Corruption adopted in the first reading the concept of a document on «foreign agents». Members of another Committee — on Constitutional Legislation, State Structure, Judicial, Legal Issues and Regulations — insisted on holding parliamentary public hearings.

The deputies opposing the scandalous draft law recalled that representatives of the Coalition for Equality had appealed to the parliamentary speaker and co-authors of the initiative. Human rights defenders asked to withdraw the discriminatory draft law, stressing that «the proposed amendments will lead to strict legal regulation of the entire non-governmental sector of the republic and, first of all, human rights organizations and human rights defenders who implement the observance of human rights protected by international legal documents and our Constitution».

The provisions of the legislative initiative, both directly and indirectly, may affect the life of every citizen of the Kyrgyz Republic, as there will be a high probability of liquidation of the human rights sector of Kyrgyzstan.

From the appeal of the coalition representatives

The activists also pointed out that Nadira Narmatova’s amendments threaten democratic institutions, including freedom of expression, freedom of association and freedom of peaceful assembly.

Instruments such as citizen participation in government and public control will become nothing if the high-profile document is adopted.

The U.S. Ambassador to Kyrgyzstan Lesslie Viguerie also addressed the country’s authorities in one of his interviews, urging them to listen to their citizens and protect democratic gains.

«The Kyrgyz people need laws that are drafted transparently and openly and are consistent with the values and history of the republic, as well as international law, including respect for human rights and fundamental freedoms,» he said.

Copying laws imposed from abroad does not solve the problems faced by many citizens of Kyrgyzstan.

Lesslie Viguerie

The fact that the draft law proposed by Nadira Narmatova was copied from its Russian analogue was mentioned back in 2015. At that time, we recall, an attempt was made to adopt the document. The initiator herself stated that Kyrgyzstan needed a draft law on foreign agents and suggested giving this status only to NGOs. But experts have no doubt: the «spy» label will be applied to all those who disagree with the government’s course and criticize it.

Although the author herself calls such claims speculation, the arrests of civil activists, persecution of undesirable media outlets, unscheduled tax inspections of non-profit organizations and unprecedented pressure on freedom of speech testify to the opposite.

Lawyer Iskender Kakeyev explains: since the law is copied from its Russian analogue, this means that our officials will apply it in the same way as their Russian counterparts. That is, over time, any person may be recognized as a foreign agent for his or her civic position, with all the consequences that entails.

Political scientist Emil Dzhuraev warned that if Nadira Narmatova’s bill is adopted, Kyrgyzstan will finally discredit itself in the eyes of the international community. But if the authors of the discriminatory initiative are subsequently also restricted in some of their rights, then this will be an appropriate response measure.

«As far as I know, the United States has such an instrument of sanctions against persons who are considered there as particularly unfriendly due to their actions against civil liberties. I suppose most of our deputies are unaware of this. If they did, I’m sure a number of them would think about it. This bill is harmful to the country, society, citizens and their rights. No one needs it at all, except for those who are clearly standing behind the scenes and encouraging Narmatova. I would like the MPs to think and change their minds about supporting this bill,» the expert said.

Most likely, it is about the statement of U.S. Secretary of State Antony Blinken, made by him in May 2023.

The U.S. Secretary of State then outlined the priorities of the new visa policy under Section 212(a)(3)c of the U.S. Immigration and Nationality Act. The statement itself was about promoting transparent and free elections in Bangladesh. However, there is a clause that can be applied to politicians of any state who undermine democratic foundations by their decisions and target the fundamental freedoms of association, assembly, and the media.

«Actions that undermine the democratic electoral process include voter fraud, voter intimidation, the use of violence to prevent people from exercising their right to freedom of association and peaceful assembly, and the use of measures aimed at preventing the dissemination of the views of political parties, voters, civil society or the media,» Antony Blinken said.

Human Rights First Associate Attorney Gita Howard explained in a comment to 24.kg news agency: under U.S. law, the Secretary of State can deny visas to individuals whose entry or activities in the United States could have «potentially serious adverse foreign policy consequences.»

«That standard is very broad. It has been applied to those involved in a range of activities that U.S. officials believe fall within the scope of these sanctions, including human rights abuses, corruption or undermining democracy,» she noted.

We know that a group of Kyrgyzstan’s civil society representatives have proposed that the United States use this mechanism against the authors of the bill on foreign representatives.

Gita Howard

It is possible that this time the Department of State will heed the request of the civil society activists of Kyrgyzstan.

«Although the Department of State has not previously used these visa sanctions to somehow prevent the adoption of similar laws on foreign agents in other states,» Gita Howard said.

That is, an application for a U.S. visa of a deputy or official, who does not respect the rights and freedoms, will be regularly denied.

Visa restrictions will remain in force until the U.S. government revokes them or the applicant himself or herself challenges them in court.

Representatives of non-governmental organizations and lawyers have already appealed to the embassies and consulates of European countries and the United States in Kyrgyzstan with a request to prevent some officials and deputies of the Kyrgyz Republic from traveling to EU states and America.

The appeal pointed out that recently fundamental human rights and freedoms have been rapidly restricted in Kyrgyzstan and the democratic space has been narrowed, including due to legislative initiatives of the Presidential Executive Office and deputies of the Parliament.

They noted that the non-governmental sector, including foreign non-governmental organizations, would be subjected to severe pressure and control by the state authorities.

It is no secret that officials of the republic visit Europe and the United States both on official visits and privately. Children of many of them get education in foreign educational institutions and live there permanently.

From the appeal of NGOs to embassies and consulates of European countries and USA

«We believe it is inappropriate and even dangerous for the above-mentioned persons to stay in the states that «may pose a threat to the national security of Kyrgyzstan and the interests of its people,» the human rights defenders and civil activists stress.

The deputies themselves, of course, were not happy about such calls, but many of the initiators of the draconian amendments have withdrawn from the list at that time.