The Human Rights Movement “Bir Duino – Kyrgyzstan” together with a Network of partner organizations express their confidence that the Constitutional Court of the KR, confirming its commitment to the protection, respect for human rights, freedoms and the foundations of the state system, will ensure the supremacy of constitutional law and make a fair decision.
On 17 May 2023, at 9:30 a.m., a session of the Constitutional Court of the KR will be held, at which the petition of the Human Rights Movement “Bir Duino – Kyrgyzstan” will be considered on recognition of paragraphs 2 and 3 of Article 17 of the Law of the KR on Non-Profit Organizations as contradicting Articles 2 (Part 2), 8 (Part 1), 23 (Parts 1, 2, 3, 4, 5), 32 ( Parts 1, 2), 36 of the Constitution of the KR.
These legislative norms are burdensome, structurally discriminatory, they create an additional burden for non-profit organizations and restrict the right of citizens to equal opportunities and freedom of association.
Article 36 of the Constitution of the KR guarantees everyone the right to freedom of association, which is the basic value of society and the State. This right may be restricted only for the purpose of protecting national security, public order, public health and morals, and protecting the rights and freedoms of people.
However, the above goals were not set when the Law on Non-profit Organizations was being changed. Consequently, the constitutional norm was violated because the State interferes with the realization of the right of citizens to freedom of association.
On 17 June 2021, the above mentioned articles of the law were amended. According to the amendments, the amount and structure of income, as well as information about the size, property of a non-profit organization, its expenses cannot be the subject of a commercial secret. In addition, the amendments obligated non-profit organizations to annually submit additional reports on the sources of their funding, objectives of their expenditures, as well as information about the acquired, used and alienated property.
This was legalized despite the fact that non-profit organizations of the Kyrgyz Republic submit regular reports on an equal basis with other entities.
International standards of freedom of association also oblige States to refrain from introducing such unjustified regulations. This is stated in the joint OSCE/ODIHR and Venice Commission Guidelines on Freedom of Association, which aim to assist reaching the goal of exercising the right to freedom of association.i
Therefore, the Constitutional Court of the KR must demonstrate its steadfastness in defending and protecting constitutional guarantees, as well as checking all laws that have been adopted and entered into force on the territory of our country for compliance with the Constitution.
PA Human Rights Movement “Bir Duino – Kyrgyzstan”. Should you have any questions, please, contact the lawyers of BDK- Osh, Khusanbai Saliev, regional director of Bir Duino-KR, tel.: +996 555 161 300,
Valerian Vakhitov, tel.: +996 703 407 293 , e-mail: birduinokyrgyzstan@gmail.com
i https://www.osce.org/ru/odihr/160961
Source: Bir Duino – Kyrgyzstan
