A/S KRAMER DISCUSSES HUMAN RIGHTS IN KYRGYZSTAN

C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 001039

SIPDIS

DEPT FOR SCA/CEN

E.O. 12958: DECL: 10/09/2018
TAGS: PGOV PREL PINR KG
SUBJECT: A/S KRAMER DISCUSSES HUMAN RIGHTS IN KYRGYZSTAN

REF: A. BISHKEK 1017

B. BISHKEK 1038

BISHKEK 00001039 001.2 OF 002


Classified By: Ambassador Tatiana C. Gfoeller for Reasons 1.4 (b) and (
d).


1. (C) Summary: During an October 3-4 visit to Kyrgyzstan,
Assistant Secretary for Democracy, Human Rights, and Labor
David Kramer reviewed human rights developments and
legislative initiatives with the Kyrgyz government and civil
society representatives. During meetings with A/S Kramer,
the Ombudsman and civil society warned of significant
backsliding on the part of the Bakiyev regime. Although
critical of Kyrgyz government moves, few contacts identified
any significant measures that would steer Kyrgyzstan towards
a steadier democratic path. End Summary.


DEMOCRACY IMPLEMENTERS EXPRESS CONCERNS
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2. (C) During lunch with A/S Kramer, the heads of the
International Republican Institute, the National Democratic
Institute, Freedom House, the International Foundation for
Electoral Systems, and the Eurasia Foundation expressed
concerns about Kyrgyzstan's faltering democracy. They cited
the refusal of the Central Election Commission (CEC) to
accredit foreign observers, restrictive new laws on assembly
and religion, and disappearing public figures as evidence of
the government's uneasiness and intensified antipathy toward
democratic opposition. (Note: Former CEC Chair Klara
Kabilova is apparently in hiding - see Ref A, and an
opposition Parliamentarian is missing. End note.) Asked how
the U.S. could be more assertive on democracy in Kyrgyzstan,
A/S Kramer noted the difficulty in using "carrots"
effectively against regimes that are corrupt, and asked his
interlocutors what "sticks" might be effective. They cited
the U.S. response to the 2005 events in Andijon, Uzbekistan,
as an example of a strong response, but agreed with A/S
Kramer that finding graduated responses for the gray areas
between corrupt elections and massacres was not easy.

OMBUDSMAN ON ACHIEVEMENTS...
--------------


3. (C) During a meeting with A/S Kramer, Kyrgyz Ombudsman
Tursunbek Akun highlighted his Office's achievements, but
expressed concern that recent government actions obstructed
citizens' freedoms. He also touted Kyrgyzstan's recent
successes in the realm of human rights, to include the
abolition of capital punishment, continued efforts to make
the criminal code more humane, and developments in Parliament
toward the adoption of the optional Protocol on Torture.

...AND CHALLENGES
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4. (C) Akun noted that the recently passed laws on assembly
and television and radio broadcasting were clear signs that
the government was backsliding on the protection of basic
human rights and freedoms. Akun spoke of his presentation at
the Human Dimension Implementing Meeting in Warsaw, where he
highlighted these and other backward steps by the Bakiyev
government that aimed to curb citizens' freedoms. Unable to
abide by its commitments to international agreements and
conventions, Akun argued that Kyrgyzstan may be forced to
cancel them. As an example, he cited Kyrgyzstan's decision
to hand over refugees to the Uzbek government, a clear
violation of UNHCR Conventions to protect refugees.

NGO LEADERS CRITICAL OF GOVERNMENT AND OPPOSITION
-------------- --------------


5. (C) Civil society leaders briefed A/S Kramer on political

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dynamics in Kyrgyzstan. The American Bar Association's
Central European and Eurasian Law Initiative's Azamat
Kerimbayev noted the inability of politicians to address the
public's concerns about food and energy. Both he and the
Coalition for Democracy and Civil Society's Dinara
Oshurahunova relayed rumors about upcoming Constitutional
changes that would enable President Bakiyev to stay in office
longer. While both questioned the opposition's ability to
challenge such efforts, Oshurahunova also doubted the
government's political will to achieve such changes. She
also encouraged the U.S. to postpone the Millennium Challenge
Corporation (MCC) program until the government instituted
sweeping judicial sector reforms.

OPPOSITION VIEWS
--------------


6. (C) Two key opposition leaders expressed concerns about
government backsliding on democracy and human rights, but
vowed to continue demands for social and political reforms.
Former Parliamentarian Omurbek Tekebayev, leader of the Ata
Meken Party, opined that Kyrgyz citizens liked the "Western,
traditional" model of democracy. However, he continued,
"managed democracy," which promoted economic growth and
seemed successful in Russia and Kazakhstan, is "what the
people want now." Reflecting on human rights, Tekebayev
noted that Kyrgyzstan offered more freedom than its
neighbors, but lamented a serious slide backwards compared to
the situation in Kyrgyzstan four years ago.


7. (C) Former Parliamentarian Temir Sariyev, leader of the
Ak-Shumkar party, noted that the government continued to
stifle democratic freedoms. Sariyev said that the television
broadcasting law would stifle all opposition voices in the
media. He viewed the draft law on political parties, which
would require the listing of core party members throughout
the country, as an effective tool to identify targets for
harassment or political pressure. Existing U.S. political
and military influence in Kyrgyzstan was not sufficient to
stop the backsliding, Sariyev argued. He encouraged the U.S.
to mimic Chinese or Russian economic influence by supporting
energy initiatives or job creation projects.

OPPOSITION LEADERS OPPOSE MCC
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8. (C) A/S Kramer asked the politicians if the MCC program
could influence the reforms process. Tekebayev said that ten
years ago, when the state budget was $150 million,
ex-President Akayev would have welcomed the assistance. Now,
he added, $16 million is not significant enough for senior
politicians. Tekebayev said that reforms in the judicial or
law enforcement sectors would interfere with the activities
of the political elite. Sariyev also saw the MCC program as
a mistake, claiming that the "American taxpayers' money is
lost to corrupt government practices."

COMMENT
--------------


9. (C) Democracy implementers, local NGOs, civil society
representatives and opposition politicians uniformly
expressed concerns about the Bakiyev regime's backward steps
in the realm of human rights and democracy. Despite some
criticism of the MCC's potential impact, A/S Kramer's
interlocutors were not able to supply specific
recommendations on new ways to engage the Kyrgyz government
on democracy and human rights issues.


10. (U) A/S Kramer has cleared this cable.
GFOELLER