Kyrgyz Republic

Last updated: 26 May 2020

Coronavirus Response

A March 22, 2020 government order established a “state of emergency” for thirty days throughout the Kyrgyz Republic due to the coronavirus. All public gatherings, including rallies, demonstrations, and strikes, were prohibited. For additional details, see ICNL’s COVID-19 Civic Freedom Tracker entry for Kyrgyz Republic.

Update

A restrictive draft NGO law is pending before the Kyrgyz Parliament, which, if enacted, would impose new reporting requirements on NGOs. On March 4, 2020, the draft law passed the first reading in the Parliament. On May 22, the Parliamentary Committee on Social Issues ignored NGOs’ requests to postpone hearings or conduct them online and held a public hearing on the draft law. Notably, NGOs supporting the draft law were invited to attend, while NGOs opposing the draft law were excluded. It is expected that the Parliament will schedule a second reading of the draft law in the coming weeks, and NGOs fear the draft law may be adopted by the end of June 2020. Please see the Pending NGO Legislative / Regulatory Initiatives section under the “Legal Snapshot” tab in this report for details on other draft laws.

Introduction

The civil society sector in the Kyrgyz Republic is one of the strongest in Central Asia. CSO representatives are engaged with the government at the national and local levels through numerous consultative public councils at the state ministries and agencies. There are currently over 17,391 CSOs registered in the country, although only around 5,700 are operational. They work in a wide range of areas, including human rights, support to vulnerable groups, culture and art, health, protection of the environment, youth and sport, and education and advocacy.

CSOs are registered as Noncommercial Organizations (NCOs) under a civil law structure that has its roots in the Soviet system, though many laws have been modernized since the late 1990s. The most popular legal forms are public associations, foundations, institutions, associations of legal entities, and community-based organizations. Although the basic concept of freedom of association is respected and registration of CSOs is quick and easy, the sustainability of the sector remains a deep concern because of diminishing foreign funding and the lack of local financial sources. Currently the majority of Kyrgyz CSOs rely entirely on funding from foreign sources, and still there are several efforts to place restrictions on foreign assistance.

In 2013, there were also efforts to limit civil society space, including the introduction of the draft Law on Money Laundering, which would provide for new reporting requirements for CSOs; the draft Law on Unregistered CSOs, which would prohibit unregistered CSOs; and the draft Law on Treason, which would allow for the designation of any person working with a foreigner as a traitor. Moreover, in 2014, a group of parliamentarians proposed the draft Law on Foreign Agents, which was similar to the Russian “Foreign Agents” Law and would have imposed additional requirements on groups that receive foreign funding, including requiring them to register as “foreign agents.” However, on May 12, 2016, the proposed law was rejected due to CSOs’ strong advocacy efforts, with 46 members of Parliament voting for the bill and 65 voting against it.

In a positive development for civil society, in May 2014, the President signed a new Law on Public Councils of the State Bodies. It guarantees the establishment of citizen advisory bodies in all government agencies and greatly improves the mechanisms for their operation and the selection of their members. In September 2014, the Selection Commission responsible for forming new public councils was elected for a period of five years under this new law. Ten members of the Selection Commission are representatives of CSOs, and five are from different state agencies. The Selection Commission formed 35 public councils of ministries and other state agencies on the national level. The last four years have revealed various gaps in the operation of public councils, leading to proposed changes in a new draft law on amending the Law on Public Councils of the State Bodies developed by the Working Group of public councils, published for public discussion on Parliament’s website on April 17, 2018. In September 2018, the draft amendments were discussed and coordinated with the President’s Administration and Government’s Office. It is likely that the draft law will be adopted by the end of 2019.

In addition, on June 29, 2018, the results of the assessment report conducted by the Mutual Evaluation Group of the Eurasian Group (EAG) of the Financial Action Task Force (FATF) of 2016-2017 led the country to amend the Law on Countering Financing of Terrorist Activities and Laundering of Criminal Incomes. The amendments impose additional requirements for CSOs, including to form and keep all internal documentation for five years and compile financial reports on any transactions with funds for a five-year period. The President of the Kyrgyz Republic signed the law, and it entered into force on August 6, 2018. Since the changes do not represent “significant threats” to the CSO sector, leading CSOs in Kyrgyzstan decided not to conduct an advocacy campaign to prevent its adoption.

Further, in September 2018, the FATF EAG Plenary approved the Executive Summary and the Mutual Evaluation Report of the Kyrgyz Republic as part of the second round of EAG mutual evaluations in May 2018. Despite Kyrgyzstan passing the FATF quality and consistency procedures, Kyrgyzstan was overall rated non-compliant with Recommendation 8 (NCOs) in the final FATF EAG report on the 2017 mutual evaluation. According to the report, this is due to the government’s lack of engagement with the NCO sector in combating terrorist financing (TF); lack of a system of oversight, monitoring, and sanctions to prevent TF in the NCO sector; and lack of regular review of the NCO sector for TF risks. In response, in December 2018 the State Financial Intelligence Service (SFIS), the government body in charge of reporting on compliance with FATF recommendations under the National Action Plan of the Open Government Partnership (OGP NAP), created a CSO-government working group (WG) to develop a methodology for conducting risk assessments of the CSO sector of Kyrgyzstan. The WG has started to develop this methodology. In addition, in order to prevent future restrictive laws against CSOs and demonstrate results in complying with Recommendation 8, CSOs joined forces and cooperated with SFIS to assist in preparation of a follow-up report that was presented during the 30th plenary meeting of the EAG in May-June 2019 as part of the Procedures of the second round of EAG mutual evaluations.

One of the lingering problems for CSOs has been that even though a Law on Social Procurement was adopted in 2008, the volume of financing has been extremely low due to the country’s economic hardships and deficiencies in implementation. Realizing the need for changes, in 2017 the government enacted a new Law on State Social Procurement and four secondary legal acts. The new law provides three forms of social contracting: (i) social procurement, (ii) financing of public benefit projects of NCOs, and (iii) social vouchers. In 2018, the available government funding for social contracts awarded to CSOs has grown, reaching 37 million KG SOMs ($529,000 USD), and in the same year the Ministry of Labor and Social Development, the State Agency on Youth Affairs, Physical Culture and Sports, and the Ministry of Healthcare started implementing social procurement in accordance with the newly adopted law. It is expected that the new law will help to enhance the quality of social services provided to the people of Kyrgyzstan and strengthen government-civil society cooperation.

Philanthropy, another important source of funding for CSOs, is almost non-existent in the country due to economic conditions and poor implementation of tax legislation, which does provide incentives to encourage donations. According to the law on charitable organizations, CSOs have the right to carry out economic activities (selling goods and services), but the resulting income is taxable unless the CSO qualifies as a charitable organization, a status almost impossible to maintain because of operational restrictions. Therefore, CSOs developed a draft of the new Law on Charitable Organizations that would eliminate many shortcomings in the existing regulations to enable charitable organizations to operate sustainably. Currently, CSOs and Members of Parliament are working together to promote the draft law in the Parliament.

Organizational FormsNon-Governmental OrganizationsSocial Organizations
Registration BodyMinistry of JusticeCommunity-based Organizations
Approximate Number17,391 (about 5,700 operational)There is no statistical data
Barriers to EntryNo legal barriersTen founding members required.
Barriers to ActivitiesA charitable organization is forbidden to conduct economic activities unless the activities “correspond” to its statutory goalsNo legal barriers.
Barriers to Speech and/or AdvocacyNo legal barriers, but pressure on media groups critical of the government is growing.No legal barriers; law is silent on political activities; pressure on media groups critical of the government is growing.
Barriers to International ContactNo legal barriersNo legal barriers
Barriers to ResourcesStigmatization of human rights defenders who receive foreign fundingStigmatization of human rights defenders who receive foreign funding
Barriers to AssemblyProhibitions on blocking roads or traffic and on assemblies near certain public institutions.Prohibitions on blocking roads or traffic and on assemblies near certain public institutions.
Population6,140,200 (2016 est.)
CapitalBishkek
Type of GovernmentRepublic
Life Expectancy at BirthMale: 66.8 Female: 75.4 (2017 est.)
Literacy Rate99.5%
Religious GroupsKyrgyz 73.2%, Uzbek 14.6%, Russian 5.8%, Dungan 1.1%, other 5.3% (includes Uyghur, Tajik, Turk, Kazakh, Tatar, Ukrainian, Korean, German) (2017 est.)
Ethnic GroupsKyrgyz 70.9%, Uzbek 14.3%, Russian 7.7%, Dungan 1.1%, other 5.7% (includes Uyghur, Tajik, Turk, Kazakh, Tatar, Ukrainian, Korean, German) (2009 est.)
GDP per capita$3,700 (2017 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2018.

Ranking BodyRankRanking Scale
(best – worst possible)
UN Human Development Index122 (2018)1 – 182
World Bank Rule of Law Index17 (2018)100 – 0
World Bank Voice & Accountability Index33 (2018)100 – 0
Transparency International132 (2018)1 – 180
Freedom House: Freedom in the WorldStatus: Partly free
Freedom Rating: 5
Political Rights: 5
Civil Liberties: 5 (2018)
Free/Partly Free/Not Free
1 – 7
1 – 7
Foreign Policy: Fragile States Index65 (2018)177 – 1

International and Regional Human Rights Agreements

Key International AgreementsRatification*Year
International Covenant on Civil and Political Rights (ICCPR)Yes1994
Optional Protocol to ICCPR (ICCPR-OP1)Yes1994
International Covenant on Economic, Social, and Cultural Rights (ICESCR)Yes1994
Freedom of Association and Protection of the Right to Organize Convention (ILO)Yes1992
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)Yes1997
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)Yes1997
Optional Protocol to the Convention on the Elimination of Discrimination Against WomenYes2002
Convention on the Rights of the Child (CRC)Yes1994
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)Yes2003
International Covenant on Refugee StatusYes1996
Convention on the Rights of Persons with Disabilities (CRPD) No
Regional Treaties
European Convention for the Protection of Human Rights and Fundamental FreedomsNo
Document of the Copenhagen Meeting of the Conference on the Human Dimension of the
CSCE
No

* Category includes ratification, accession, or succession to the treaty

On December 11, 2016, a referendum was held on introducing Amendments to the Constitution of the Kyrgyz Republic of June 27, 2010. One provision (Article 6, paragraph 3, part 2), which stated that “Norms of international treaties on human rights have a direct effect and priority over norms of other international treaties,” did not pass the referendum. A number of other Amendments were reviewed:

  • Article 4, para 2.Political parties, trade unions and other public associations can be created by individuals based on free will and common interests for enjoyment and protection of one’s own rights and liberties, meeting political, economic, social, labor, cultural and other interests.
  • Article 6. para 1.The Constitution possesses supreme legal power and its norms have direct application in the Kyrgyz Republic. para 2. Constitutional laws, laws and other normative and legal acts are adopted in compliance with the Constitution. para 3. International treaties recognized by the Kyrgyz Republic, as well as generally recognized principles and norms of international law are an integral part of the legal system of the Kyrgyz Republic [removed on December 11, 2016: Norms of international treaties on human rights have a direct effect and priority over norms of other international treaties]. para 4. Official publication of laws and other normative legal acts is mandatory to become effective.
  • Article 20, para. 1.Laws revoking or derogating human and citizen’s rights and liberties shall not be adopted in the Kyrgyz Republic.  2. The rights and freedoms of the person and the citizen can be limited by the Constitution and laws for the purposes of ensuring national security, public order, protection of health and morality of the population, and protection of the rights and freedoms of other persons. Imposed restrictions shall be proportionate to indicated purposes.
  • Article 34. para. 1Every person has a right to freedom of peaceful assemblies. No one may be forced to participate in these activities.  2 Everyone has the right to submit a notification form to the state bodies on plans to conduct peaceful assembly. Nobody can prohibit or restrict peaceful assembly. The state bodies may not refuse to provide technical support (fire, police, and emergency services) to organizers of peaceful assembly even if the organizers fail to notify the state bodies or the content, form or term for submission of notification form is not correct. para. 3 Organizers of and participants at peaceful assembly are not responsible for not notifying the state bodies, or for non-compliance with form of notification, content and time of submission.
  • Article 35.Every person has a right to freedom of association.

The current Constitution of Kyrgyz Republic was adopted by referendum on June 27, 2010.

Several provisions relate to civic freedoms:

  • Article 4, para 2.Political parties, trade unions and other public associations can be created by individuals based on free will and common interests for enjoyment and protection of one’s own rights and liberties, meeting political, economic, social, labor, cultural and other interests.
  • Article 6. para 1.The Constitution possesses supreme legal power and its norms have direct application in the Kyrgyz Republic. para 2. Constitutional laws, laws and other normative and legal acts are adopted in compliance with the Constitution. para 3. International treaties recognized by the Kyrgyz Republic, as well as generally recognized principles and norms of international law are an integral part of the legal system of the Kyrgyz Republic. Norms of international treaties on human rights have a direct effect and priority over norms of other international treaties. para 4. Official publication of laws and other normative legal acts is mandatory to become effective.
  • Article 20, para. 1.Laws revoking or derogating human and citizen’s rights and liberties shall not be adopted in the Kyrgyz Republic.  2. The rights and freedoms of the person and the citizen can be limited by the Constitution and laws for the purposes of ensuring national security, public order, protection of health and morality of the population, and protection of the rights and freedoms of other persons. Imposed restrictions shall be proportionate to indicated purposes.
  • Article 34. para. 1Every person has a right to freedom of peaceful assemblies. No one may be forced to participate in these activities.  2 Everyone has the right to submit a notification form to the state bodies on plans to conduct peaceful assembly. Nobody can prohibit or restrict peaceful assembly. The state bodies may not refuse to provide technical support (fire, police, and emergency services) to organizers of peaceful assembly even if the organizers fail to notify the state bodies or the content, form or term for submission of notification form is not correct. para. 3 Organizers of and participants at peaceful assembly are not responsible for not notifying the state bodies, or for non-compliance with form of notification, content and time of submission.
  • Article 35.Every person has a right to freedom of association.

National Laws and Regulations Affecting Sector

Relevant national-level laws and regulations affecting civil society include:

  1. Amendments to the Constitution of Kyrgyzstan (by referendum held on December 11, 2016);
  2. The Civil Code of the Kyrgyz Republic, Part 1 (May 8, 1996, with latest amendments on August 6, 2018);
  3. The Civil Code of the Kyrgyz Republic, Part 2 (January 5, 1998, with latest amendments on August 12, 2018);
  4. The Tax Code of the Kyrgyz Republic (October 17, 2008, with latest amendments on February 4, 2019);
  5. The Labor Code of the Kyrgyz Republic (October 4, 2004, with latest amendments on June 26, 2018);
  6. The Law of Kyrgyz Republic “On Noncommercial Organizations” (October 15, 1999, with latest amendments on April 23, 2016);
  7. The Law of Kyrgyz Republic “On Partnership of Owners of Residential and Non-Residential Premises of Apartment Buildings” (July 9, 2013, with latest amendments on December 12, 2017);
  8. The Law “On Registration of Legal Entities, Branches” (Representative Offices) (February 20, 2009, with latest amendments on December 16, 2016);
  9. The Law “On Political Parties” (June 12, 1999);
  10. The Law “On Freedom of Religion and Religious Organizations” (December 31, 2008, with latest amendments on December 7, 2012);
  11. The Law “On Trade Unions” (October 16, 1998, with latest amendments on August 4, 2004);
  12. The Law “On Associations (Union) of Water Users and Unions of Associations of Water Users” (March 15, 2002, with latest amendments on March 30, 2013);
  13. The Law “On Association of Employers” (May 22, 2004);
  14. The Law “On Jamaats (Communities) and Their Associations” (February 21, 2005, with latest amendments on July 18, 2014);
  15. The Law “On Cooperatives” (June 11, 2004, with latest amendments on July 26, 2018);
  16. The Law “On Local Self-Governance” (July 15, 2011, with latest amendments on February 15, 2018);
  17. The Law “On Philanthropy and Charitable Activity” (November 6, 1999, with latest amendments on May 10, 2017) (Russian);
  18. The Law of Kyrgyz Republic “On Peaceful Assemblies” (May 23, 2012);
  19. The Law of Kyrgyz Republic “On Public Councils of State Bodies” (May 24, 2014) (Russian);
  20. The Law “On State Social Procurement” (April 27, 2017).
  21. The Regulation on the order of conduct of public benefit projects competition for the implementation of SSP (December 15, 2017);
  22. The Order of providing social services though social vouchers (December 15, 2017);
  23. The Order of control, monitoring and evaluation of the implementation of public benefit projects within SSP (December 15, 2017);
  24. The Regulation on the web-portal on State Grants for financing Pubic Benefit Projects (December 15, 2017);
  25. The Law on Countering Financing of Terrorist Activities and Legalization (Laundering) of Criminal Incomes (August 6, 2018).

Pending NGO Legislative / Regulatory Initiatives

  1. On December 30, 2019, a member of Kyrgyzstan’s Zhogorku Kenesh (parliament) initiated a draft law on Proposing Amendments to the Law on Noncommercial Organizations and the Law on Registration of Legal Entities. A number of Kyrgyz NGOs expressed concern about this draft law because it introduces a requirement for NGOs to submit to the Ministry of Justice a new annual report on revenues and expenditures, which repeats existing reporting and may be burdensome for many NGOs (specific requirements are to be established in implementing regulations). In addition, the draft law expands the list of documents NGOs are required to submit to the Ministry of Justice during re-registration, making it more difficult to complete the re-registration process. Adoption of the draft law will worsen the regulatory environment for NGOs in Kyrgyzstan. According to local experts, it also does not resolve any existing issues and is largely duplicative of provisions in existing laws. An analysis of the draft law was shared with all interested stakeholders on January 8, 2020, and a leading local NGO created a coalition of NGOs and developed an action plan for preventing the draft law’s adoption. On January 24, 2020, a public hearing on the draft law took place, organized by the member of the parliament (MP) who initiated it. Approximately 50 participants, NGOs, MPs, and their staff, took part in the hearing. A group of NGOs expressed concern about the following:
    1. While originally the draft law was initiated by one MP, who had not initiated any legislation relating to NGOs throughout his term in parliament, five more MPs representing various factions joined him at the hearing and actively supported the draft law.
    2. None of MPs likely to oppose adoption of the draft law participated in the hearing (for unknown reasons).
    3. While there is no direct evidence that the Government supports the draft law, NGOs are very concerned that it does.

    The draft law is undergoing a period of public consultations until January 31, 2020, when it will be officially registered in Parliament and scheduled for formal readings. The draft law could be adopted before the end of February 2020.

  2. CSOs have developed a draft Law on Charitable Organizations that would eliminate shortcomings of the current law on charitable organizations. Many CSOs operating today would qualify as Public Benefit Organizations (PBOs) under European law, but they cannot enjoy this status in Kyrgyzstan because of existing gaps in legislation. The draft law has the potential to improve the financial sustainability of CSOs. As of February 2019, CSOs and Members of Parliament were working together to promote the draft law in parliament.
  3. The draft Law on Amendments to the Law on Public Councils of State Bodies was published on Parliament’s website for public discussions. On April 17, 2018, the draft law was registered in Parliament and was sent to the Parliament’s committees for review prior to the first reading. However, due to the vacation time for Parliament in the summer period, the initiator of the draft law, Member of Parliament Ms. Kasymalieva, suggested to postpone consideration of the draft law to a first reading in September 2018. The draft law contains provisions aimed at significantly improving the activities of public councils, such as prolonging the service of members of public councils to four years; introducing an annual self-evaluation and other evaluation mechanisms for members of public councils, which would exclude the passive members of the public councils; and moving the deadline for reports from December 31 to the end of January of the following year. In September 2018, the draft law was discussed and coordinated with President’s and Government’s offices. Currently, the draft law is pending consideration in the first hearing at Parliament.
  4. The Draft Law on Amendments to the Law on Normative Legal Acts, particularly the clause on the “public discussions of draft legal acts,” seeks to remedy the deficiencies of the existing law, including the absence of an effective mechanism for public discussion of draft legal acts. CSOs have prepared a proposal for a more effective mechanism and will submit it to the Members of Parliament for initiation.
  5. On August 6, 2018, the President of the Kyrgyz Republic signed the Draft Law on Countering Financing of Terrorist Activities and Legalization (Laundering) of Criminal Incomes. The draft law was developed by the State Financial Intelligence Service and is aimed at implementing the recommendations of the Financial Action Task Force (FATF). The law requires the government to conduct regular risk assessments in the NGO sector and, based on the results, identify NGOs that are at “high risk” of using finances for terrorist activities. In the future, preventive work will be focused on these “high risk” NGOs.

Organizational Forms

The Kyrgyz Republic recognizes at least 16 distinct organizational forms for noncommercial organizations, including public associations, foundations, institutions, non-profit cooperatives, and community based organizations. The Civil Code and the Law on Noncommercial Organizations (NCO Law) establish the primary NCO legal framework. Article 2 of the NCO Law defines an NCO as “a voluntary, self-sustained organization created by individuals and (or) legal entities on the basis of community of interests for implementing spiritual and other non-material needs in the interests of its members and (or) the whole society, where the deriving a profit is not a major objective, and the obtained profit is not distributed among members, founders and employees.”

The five most common types of NCOs which can be recognized as CSOs are the following:

(1) A Public Association is a voluntary association of individuals, united by their common interest in meeting spiritual or other non-material needs. A public association is a membership organization, and its highest governing body is the general meeting of members, which in turn creates the executive body (governing board, directorate, etc.) of the organization. The potential area of activity of a public association is very broad: it may include such things as environmental protection, social support of the disabled, education, addressing national issues (for example, through community organizations), culture and art, etc.

(2) A Foundation is a non-membership organization, established by individuals and/or legal entities that make voluntary contributions to the organization, which pursues social, charitable, cultural, educational or other public benefit goals. A foundation may also be created by a last will and testament. A foundation’s characteristics contrast with those of a public association in that a foundation has no membership and the basis for its creation is the voluntary donation of property transferred by its founders for the pursuit of certain goals.

(3) An Institution is an organization created by an owner for carrying out managerial, social and cultural, educational or other functions of a noncommercial character and financed fully or partially by its owner. An institution may be the most appropriate organizational and legal form for NCOs such as hospitals, clinics, kindergartens, schools, universities, and museums.

(4) An Association or Union of Legal Entities is an organization created in order to coordinate the activities of its member organizations, as well as to represent and protect their common interests.

(5) A Community Based Organization is a local community-level organization, representing a voluntary association of members of a local community, residing on the territory of one street, block or other territorial formation of the village or city, for joint resolution of problems of local importance.

Public Benefit Status

According to the Tax Code, a “charitable organization” is a “noncommercial organization (а) created and carrying out charitable activity in compliance with the legislation of the Kyrgyz Republic on noncommercial organizations and charitable activity; (b) not participating in the activity on production and/or sale of excise goods and gambling business; (c) not participating in the support of political parties or election campaigns.”

Although the tax benefits to charitable organizations and their donors are significant, еthere are no organizations in the Kyrgyz Republic that qualify for them. One reason for this can be found in Article 9 of the Charity Law, which requires that a charitable organization spend 98% of its income for charitable purposes and not more than 2% of its income for general overhead expenses. Most organizations find this provision to be unworkable and therefore do not attempt to qualify as charitable organizations even if they are otherwise eligible. Another difficulty lies in Article 7 of the Charity Law, which permits a charitable organization to carry out economic activity only to the extent the activity is directed for achievement of the goals for which it was created and corresponds to these goals. The meaning of this provision is untested in the law and the resulting uncertainty as to its scope inhibits charitable organizations from conducting any economic activity at all. By way of contrast, Article 12 of the Law on Noncommercial Organizations permits NCOs to carry out any economic activity so long as it does not contradict the goals and tasks of the organization.

Barriers to Entry

There are no legal barriers to entry. In contrast to the laws of many other countries in the region, NCOs can exist as unregistered organizations. Without legal entity status, however, such organizations will not be able to engage in certain activities in their own name, such as opening a bank account, ordering a seal, and filing a lawsuit. Registration is quick and easy under the “single window” system and generally takes 10 days.

There is no restriction on who can serve as a founder. Founders of an NCO may include any legal entity, foreigner or citizen, or other individuals. Three founders are required to register a public association. There is no minimum amount of assets required to register an NCO.

The procedure for registration consists of 3 steps: (1) drafting incorporation documents and formation of governing bodies; (2) registration under the “single window” system at the Ministry of Justice, which notifies tax authorities, statistical bodies and other government agencies of the registration and obtains the necessary registration numbers for the applicant; (3) opening a bank account and ordering a stamp (which are optional but necessary if the organization intends to conduct significant activities in its own name). After the application for registration is submitted, the Ministry checks the incorporation documents for compliance with the requirements of the Civil Code, the Law on Registration of Legal Entities, Branch (Representative) Offices and other laws regulating NCOs. After 10 days, if the application is not rejected, the Ministry issues a Certificate of State Registration, and the NCO is officially registered in Ministry of Justice, Tax Service and Social Fund.

Generally, the Law on Registration of Legal Entities, Branch (Representative) Offices requires the following documents to be submitted with the application: (1) charter; (2) minutes of meeting of founders; (3) the list of members of governing bodies; and (4) the list of founders. The registration fee is approximately 235 KGS (less than $4). The Ministry can deny registration if the information provided is incorrect or contradicts applicable law, but the applicant has the right to appeal a denial to the Ministry or a court.

Community-based organizations must seek registration with the Local Self-Governmental Bodies and consist of no fewer than 10 founding members (Articles 5(3) and 6(1) of the Law on Jamaats (Communities) and Their Associations).

Barriers to Operational Activity

There are some legal barriers to the operational activity. An NCO may conduct any activity not forbidden in its charter, except that charitable organizations and public associations are forbidden to conduct economic activities unless the activity corresponds to its statutory goals. The government has no right to interfere with the internal self-governance of an NCO, and the law does not require advance approval for project activity. Reporting requirements for NCOs are generally the same as for other legal entities (some additional rules requiring public disclosure are applicable to charitable organizations), and NCOs have the same rights and obligations as other legal entities with respect to inspections and audits conducted by government agencies. NCOs are subject to dissolution in case of conducting an activity that violates the law (such as engaging in activity without a license where a license is required).

Barriers to Speech / Advocacy

Pressure on media groups has been growing. Kyrgyzstan’s General Prosecutor brought a series of cases against prominent local media outlets that were critical of the government in 2017. The General Prosecutor filed one of the suits on March 6, 2017 against Radio Azattyk, the Kyrgyz branch of Radio Free Europe/Radio Liberty, alleging “biased coverage of unchecked, false information that deliberately affected the honor and dignity of the head of state” and requesting it pay compensation totaling 32 million soms (US$462,855). Local courts ordered the bank accounts of Radio Azattyk to be frozen.

Barriers to International Contact

No legal barriers.

Barriers to Resources

Nearly all NCOs in Kyrgyzstan depend on funding from international grants. Draft ‘foreign agent’ laws have been proposed in recent years and subsequently withdrawn.

Kyrgyz legislation does not allow for economic (or entrepreneurial) activities of NCOs.

A Law on State Social Procurement was enacted in 2008, which established a competitive tender mechanism for government financing (outsourcing) of social services provided by NCOs. Up to 2013, however, only the Ministry of Social Development had used this mechanism, even though it was available to other government agencies. In 2013, the Ministry of Migration, Labor, and Youth began using this mechanism. The volume of state financing has been limited due to the country’s economic hardships and deficiencies in implementation.

On May 27, 2017, the new Law on State Social Procurement (SSP) entered into force, and in December 2017 the Government of Kyrgyzstan approved four secondary legal acts on SSP to support its implementation: (1) the Regulation on the carrying out of competitions for public benefit projects; (2) the Order of providing social services though social vouchers; (3) the Order of control, monitoring and evaluation of the implementation of public benefit projects within SSP; and (4) the Regulation on the web-portal on state grants for financing pubic benefit projects.

Notably, in the three previous years, social procurement programs were allocated only an average of 22.5 million Kyrgyz Soms ($330,000) each year. In 2018, however, the total amount of funds for social procurement was increased to 36 million Kyrgyz Soms. The SSP Law and the secondary legal acts on SSP establish a more transparent and competitive mechanism for the use of state budget funds to support CSOs and to deliver quality social services to the people of Kyrgyzstan.

On June 29, 2018, the Parliament of Kyrgyzstan adopted Draft Laws on Countering Financing of Terrorist Activities and Legalization (Laundering) of Criminal Incomes and on Amending Certain Legislative Acts of the Kyrgyz Republic on Countering Financing of Terrorist Activities and Legalization (Laundering) of Criminal Incomes in the third reading. The drafts were developed by the State Financial Intelligence Service and were aimed at implementing the recommendations of the Financial Action Task Force (FATF). The adopted law proposes to regularly conduct risk assessments in the NGO sector and, based on the results, identify NGOs that are at “high risk” of using financing terrorist activities. In the future, preventive work will be focused on such “high risk” NGOs. The newly introduced requirements repeat existing requirements in various laws regulating the activities of NGOs and legal entities and are not necessarily restrictive. Nevertheless, they were adopted due to pressure from from FATF following low ratings on the mutual evaluation report for Kyrgyzstan conducted by FATF’s Eurasian Group (EAG).

Barriers to Assembly

There is a ban on conducting gatherings and peaceful assemblies closer than 100 meters from elementary and high schools, hospitals and properties of the penal system. In February 2013, Parliament introduced amendment into the Code on Administrative Responsibility and imposed penalties on participants who block roads or traffic as well as during the exercise of right to assemble.

UN Universal Periodic Review (UPR)UPR (May 3, 2010)
UPR (January 21, 2015)
Reports of UN Special Rapporteurs

Kyrgyzstan

U.S. State Department2017 Human Rights Reports: Kyrgyzstan
Fragile States Index ReportForeign Policy: Fragile States Index 2016
ACT AllianceHow to Protect and Expand an Enabling Environment in Kyrgyzstan 2013
Human Rights WatchHRW Report 2017
International Federation for Human RightsObservatory for the Protection of Human Rights Defenders

Annual Report 2009 – Kyrgyzstan

IMF Country ReportsKyrgyz Republic and the IMF
International Center for Not-for-Profit Law LibraryKyrgyzstan