Introduce amendments into the national legislation on prohibition of LGBT discrimination, improve the system of response to the cases of such discrimination from the side of law enforcement and judicial authorities, ensure adequate investigation of the cases of attacks on LGBT., – these and other recommendations are included in the «Legislative analysis related to LGBT rights and HIV in Kyrgyzstan», conducted by Eurasian Coalition on Male Health (ЕCОМ) in 2017.
The goal of this review is to identify the legal barriers for people living with HIV, gay men, other men who have sex with men and trans people in exercising their rights in different areas.
As noted in the analysis, Kyrgyz Republic makes consistent efforts to adapt its national legislation to the international standards in terms of human rights of people living with HIV, gay men and other MSM, and trans people.
Positive developments include a new and thoroughly developed procedure for legal gender recognition. Another important novelty will be the new Criminal Code to enter into force, which will divide the responsibility for unintended and intended transmission of HIV and will stipulate commuting the punishment. There is no criminal responsibility for voluntary same-sex relations in the country.
On the other hand, a number of questions, which are critical to ensure well-being and safety of the LGBT community in KR, remain unresolved. Despite legislative guarantees, analysis of the enforcement of some regulatory acts in practice shows disappointing results. The biggest problems are observed with compliance with the right of freedom of peaceful assembly and freedom of speech in the context of LGBT. The government not only fails to protect peaceful assemblies organized by the LGBT activists, it also impedes the restoration of their violated rights, failing to ensure effective investigation and punish the offenders.
Such actions of the government as development of a draft law on prohibition of the “propaganda of non-traditional sexual relations” raise serious concerns about possible aggravation of the situation and growth in the level of LGBT discrimination in the Kyrgyz Republic. There are also certain concerns related to the lack of anti-discrimination legislation, which would not only offer definitions of the various forms of discrimination, but would also contain provisions on protection from discrimination based on SOGI, – analysis says.
“Legislative analysis related to LGBT rights and HIV in Kyrgyzstan” includes recommendations for the government to promote the rights of PLWH, gay men, other MSM, and trans people and eliminating the barriers hindering their access to services.
- The Kyrgyz Republic should introduce amendments into the national legislation on prohibition of LGBT discrimination and should improve the system of response to the cases of such discrimination from the side of law enforcement and judicial authorities.
- Conduct training for law enforcers and ensure adequate investigation of the cases of attacks on LGBT.
- Withdraw from the national legislation the obligation of non-citizens to pass medical examinations for HIV on the annual basis, with possible deportation in case of positive results.
- Recognize at the legislative level institution of same-sex partnerships and the same-sex marriages, which will also allow to avoid LGBT discrimination when exercising the right to private life, in particular to family, will ensure guarantees in the matters of inheritance, property disputes between partners, access to partners in case of criminal prosecution or confinement.
When analyzing legal practices, consideration was given both to judicial practices and to the information provided by activists, received from the organizations documenting cases of human rights violations and protection of such rights, news in mass media, and reports of non-governmental organizations submitted to the international agencies.
Both legislation and law enforcement practices were analyzed in terms of their compliance with the international and European standards. Besides, there were analyzed the recommendations received by Kyrgyzstan within the international monitoring mechanisms as well as implementations of such recommendations by the government.