KYRGYZ PARLIAMENT CONSIDERING RESTRICTIVE NGO LAW

C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 000195 SIPDIS DEPT FOR SCA/CEN E.O. 12958: DECL: 03/06/2019 TAGS: PGOV PREL PHUM KG SUBJECT: KYRGYZ PARLIAMENT CONSIDERING RESTRICTIVE NGO LAW REF: BISHKEK 156 BISHKEK 00000195 001.3 OF 002 Classified By: Ambassador Tatiana C. Gfoeller, Reasons 1.4 (b) and (d). ¶1. (C) Summary: Kyrgyzstan's Parliament is considering a new law that would restrict the activities of non-governmental organizations (NGOs). If passed, the law could prevent domestic NGOs from observing elections, restrict the registration of offices of foreign NGOs, and give government representatives the right to participate in an NGO's activities. Local NGOs have organized roundtable discussions to try to come up with a coordinated response. The Ambassador raised concerns about the draft law with Foreign Minister Sarbayev, urging that the Kyrgyz government reconsider the legislation. Sarbayev responded by saying that many civil society organizations only criticize President Bakiyev and there needed to be better "balance" in the activities of NGOs. Sarbayev also complained about the bias of U.S. organizations, but was interested to meet with the heads of NDI, IRI, and USAID under the Ambassador's auspices to discuss their activities and programming. End Summary. Communist Leader Proposes Restrictive NGO Law -------------- ¶2. (SBU) On February 18, three Parliamentary deputies, led by Communist Party leader Iskhak Masaliyev, introduced a bill on Amendments to the Law on Non-Profit Organizations. On February 20, the bill was passed to Parliamentary committees for review. The bill claims that it will "enhance transparency" of NGOs and bring the legislation in line with "current social realities." The authors of the bill said that Kyrgyz legislation does not properly regulate foreign grants or the activity of foreign-based organizations, posing a threat to Kyrgyz national security. ¶3. (C) The bill proposes a number of restrictions on NGO activity. For example, the new law would prohibit NGOs from participating in any "political activity" or in the process of any nationwide referendum. (Comment: This provision would prevent local organizations from election monitoring, which would have obvious implications for Kyrgyzstan's next Presidential elections, which may be called this year. It could also prevent them from working to uncover and expose government corruption -- a "political activity," according to a leading opposition figure. End comment.) The bill would require that all NGOs be registered, and it would prohibit the activity of any non-registered NGO. Under the new law, the registration of a branch of a foreign-based NGO could be rejected if the goals of the organization create a threat to the sovereignty, political independence, territorial integrity, national unity and identity, cultural heritage, or national interests of the country. The law would also empower government officials to participate in any activities of any organization, and require the organization to provide full documentation of its finances, structure and activities. Civil Society Organizing against Law -------------- ¶4. (C) Local NGOs have organized meetings and roundtables to discuss the bill. On February 26, Poloff attended a meeting of approximately 30 local NGOs, representing a wide spectrum of civil society in Kyrgyzstan. After the chairman of the convening NGO umbrella group posed some questions for the meeting, participants quickly came to agreement that the proposed new law was bad. But beyond that, their opinions diverged. After two hours of discussion, and a vote in favor of organizing immediate protests, the group decided to form a working group. Ambassador Takes Concerns to Foreign Minister -------------- BISHKEK 00000195 002.2 OF 002 ¶5. (C) On February 27, the Ambassador raised concerns about the proposed legislation with Foreign Minister Sarbayev and urged that the government reconsider going forward with the bill. Among other concerns, the Ambassador pointed out that the law could prevent domestic NGOs from observing elections, and such a restriction would damage Kyrgyzstan's reputation and violate OSCE commitments. Sarbayev responded by saying that some NGOs engaged in "outrageous" activity. Acknowledging the importance of freedom of expression, Sarbayev claimed that some NGOs only criticize President Bakiyev and the government. The government does some things well, Sarbayev maintained, and there "needs to be balance." Sarbayev said some organizations in the south of Kyrgyzstan "masquerade" as NGOs, but they were really fronts for Islamic extremists. ¶6. (C) Sarbayev then complained about U.S. organizations, specifically the National Democratic Institute (NDI) and the International Republican Institute (IRI). Sarbayev said, "I know you want to help civil society," but local organizations come out of meetings (with NDI and IRI) and "criticize the President. This is unacceptable." The Ambassador asked Sarbayev if he had met the heads of NDI and IRI and if he would like a fuller briefing on U.S. assistance programming and support for civil society organizations. Sarbayev said he had not met with these organizations, and he suggested separate, informal meetings with the country representatives of NDI, IRI, as well as the USAID Country Representative. Comment -------------- ¶7. (C) We see Sarbayev's interest in these meetings as a sincere effort to establish a better relationship, and the Ambassador will host small, informal meetings at her residence with the Foreign Minister and NDI, IRI, and USAID, starting March 11. We are hopeful that these meetings will help correct the Foreign Minister's misimpressions, as well as answer any questions he may have, about U.S. civil society programming. ¶8. (C) The proposed law restricting NGO activity is the latest in a series of measures that have cut back on basic freedoms in Kyrgyzstan, following the adoption in the past year of laws restricting the media, public assembly, and religious organizations. These laws, when selectively applied, enable the government to stifle opposition and silence independent voices that may be critical of the President and ruling party. We expect that Kyrgyz civil society will vigorously oppose adoption of this bill, but it will be an uphill battle and we expect the proposed law to pass without difficulty. GFOELLER