ECOM continues to regularly assess violations of LGBT people's rights in the countries of the Eastern Europe and Central Asia region.
Below you will find an updated report on the violations of the rights of gays, other MSM and trans people in the Kyrgyz Republic for 2022. The report is based on cases of rights violations documented by the partners during the year, as well as the analysis of the legal environment.
In total, ECOM monitors registered 31 cases of violations of LGBT people's rights in Kyrgyzstan in 2022. The anti-"top" rights violations of LGBT people in Kyrgyzstan include:
- cases related to discrimination by medical personnel (12 cases): in all of them, the medical personnel, having learned about the patient's SOGI or HIV status, used insults, and in some cases refused to provide medical services;
- "fake dates" (7 cases) — law enforcement officers practice making fake acquaintances through social networks for the purpose of subsequent extortion and blackmail under the threat of outing;
- violations by employers due to an employee's SOGI or HIV status (4 cases).
Most of the victims are LGBT people living with HIV. In second place among the victims in registered cases are homosexual men of different ages who are looking for partners in social networks.
Only in one situation out of all the analyzed cases the victim turned to law enforcement bodies before contacting a public organization, but he experienced physical violence from a law enforcement officer. In all cases, the victims were afraid of the threat of outing or did not trust law enforcement bodies and, therefore, refused to file statements.
The following main barriers were identified in the legal environment:
- sexual orientation and gender identity are not included as protected grounds in the current legislation or in draft laws related to discrimination;
- the Criminal Code prohibits not only the transmission of HIV, but also “putting another person at risk of contracting HIV”, which means that all people living with HIV and having sexual intercourse can be held criminally liable;
- despite the formally guaranteed equality of people living with HIV, there is no training system for medical personnel to work with LGBT and HIV-positive people, which leads to violations of the right to health;
- the current legislation does not provide for changing the gender marker, which is why trans people are forced to go to court, but the ruling is not always in their favor.
To overcome these barriers, the Kyrgyz Republic should:
- Include health status (HIV status), sexual orientation and gender identity as protected grounds in the draft law on Ensuring the Right to Equality and Protection from Discrimination;
- Carry out training for law enforcement officers and medical workers on providing services for LGBT people and PLHIV;
- Promptly and effectively investigate any reports of violence or intolerance motivated by sexual orientation and gender identity as well as HIV status;
- Establish an efficient and friendly gender transition mechanism for trans people;
- Monitor violations of the right to work in relation to PLHIV.
The publication was prepared by ECOM and published as part of the Regional project «Sustainability of services for key populations in the region of Eastern Europe and Central Asia» (SoS_project 2.0), implemented by a consortium of organizations led by the Alliance fir Public Health in partnership with the CO «100% Life», with financial support from the Global Fund.
The views expressed in this publication are those of the authors and may not reflect the views of the consortium organizations as well as the Global Fund.
The Global Fund was not involved in agreeing and approving either the material itself or the possible conclusions from it.