Freedom in the World 2020 - Kyrgyzstan

PARTLY FREE
38
/ 100
Political Rights 11 / 40
Civil Liberties 27 / 60
LAST YEAR'S SCORE & STATUS
38 / 100 Partly Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 
 
 

Overview

After two revolutions that ousted authoritarian presidents in 2005 and 2010, Kyrgyzstan adopted a parliamentary form of government. Governing coalitions have proven unstable, however, and corruption remains pervasive. In recent years, the ruling Social Democratic Party of Kyrgyzstan (SDPK) has consolidated power, using the justice system to suppress political opponents and civil society critics.

Key Developments in 2019

  • Former president Almazbek Atambayev was arrested on corruption and abuse of power charges in August. Officers were initially repelled by his supporters, and one was killed during the initial raid; Atambayev surrendered after a day, and remained in custody at year’s end.
  • News articles published in May and November implicated former customs official Raimbek Matraimov and his family in a money-laundering scheme that siphoned as much as $700 million over several years. The news sparked protests in Bishkek in November, but prosecutors did not pursue a case against the family.

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 1 / 4

The directly elected president, who shares executive power with a prime minister, serves a single six-year term with no possibility of reelection. The 2017 presidential election was marked by inappropriate use of government resources to support Sooronbay Jeenbekov of the SDPK, who served as prime minister under his predecessor, Atambayev. There were also reports of voter intimidation, including pressure on public-sector employees. Jeenbekov defeated 10 other candidates, securing 54 percent of the vote amid 56 percent turnout. Omurbek Babanov of the Respublika party placed second with about 33 percent.

President Jeenbekov dismissed Prime Minister Sapar Isakov in 2018, after Isakov’s cabinet lost a no-confidence vote in the parliament, which was considered a move to purge several of Atambayev’s closest allies in the government. The parliament then approved SDPK member Mukhammedkaliy Abylgaziyev to serve as the prime minister of a coalition government.

A2 0-4 pts
Were the current national legislative representatives elected through free and fair elections? 2 / 4

The unicameral parliament consists of 120 deputies elected by party list in a single national constituency to serve five-year terms. No single party is allowed to hold more than 65 seats. Organization for Security and Co-operation in Europe (OSCE) observers found that the 2015 parliamentary elections were competitive and that the 14 registered parties offered voters a wide range of options. However, the monitoring group noted significant procedural problems, flaws in the rollout of a new biometric registration system, inadequate media coverage, and widespread allegations of vote buying. Civil society groups and media reports raised concerns that the SDPK had used state resources and pressure on public employees to enhance its position. Six parties cleared the 7 percent vote threshold to secure representation. The SDPK led the voting with 38 seats, followed by Respublika–Ata Jurt (28), the Kyrgyzstan party (18), Onuguu-Progress (13), Bir Bol (12), and Ata Meken (11).

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 1 / 4

The Central Commission for Elections and Referenda exhibited political bias during the 2017 presidential election, according to international observers. Amendments to the election law that were enacted ahead of the poll made it more difficult for nongovernmental organizations (NGOs) to field observers and appeal decisions by election officials.

A 2016 referendum on constitutional amendments was conducted hastily, with little transparency or opportunities for public debate on the package of proposed changes, which ultimately won adoption. Administrative resources were reportedly used to support a “yes” vote, and state employees faced pressure to participate in the effort.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 2 / 4

Citizens have the freedom to organize political parties and groupings, especially at the local level. However, in addition to the national threshold—raised to 9 percent in August 2019—parties must win at least 0.7 percent of the vote in each of the country’s nine regional divisions to secure seats in the parliament, which discourages locally organized groups from participating in national politics.

Political parties are primarily vehicles for a handful of strong personalities, rather than mass organizations with clear ideologies and policy platforms. Although the 2015 election featured several new parties, almost all were the result of splits or mergers among the factions in the previous parliament, meaning the actual roster of deputies changed very little.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 1 / 4

The 2010 constitutional reforms aimed to ensure political pluralism and prevent the reemergence of an authoritarian, superpresidential system. Since 2012, however, observers noted that the ruling party has consolidated power and used executive agencies to target political enemies. Opposition members and outside observers have accused the SDPK of attempting to improperly influence electoral and judicial outcomes. Constitutional amendments approved in 2016 included measures that made it more difficult to bring down a sitting government or withdraw from a coalition, effectively solidifying the position of the SDPK.

In recent years, opposition leaders have faced politically motivated criminal investigations and prosecutions. Presidential runner-up Babanov was accused of “incitement to interethnic violence” based on remarks made at a campaign rally with ethnic Uzbeks in 2017. In 2018, authorities investigated Babanov over allegations of planning riots and a seizure of power; that case was dropped later that year, though the criminal probe from 2017 remained open. Babanov resigned from the parliament and fled Kyrgyzstan; he returned in August 2019 and was questioned by authorities over his 2017 activity. In December, Babanov resigned as Respublika leader.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 1 / 4

While largely free from military domination, Kyrgyzstani politics are subject to the influence of organized crime and economic oligarchies. Political affairs are generally controlled by a small group of elites who head competing patronage networks.

B4 0-4 pts
Do various segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights and electoral opportunities? 1 / 4

Ethnic minority groups face political marginalization. Politicians from the Kyrgyz majority have used ethnic Uzbeks as scapegoats on various issues in recent years, and minority populations remain underrepresented in elected offices, even in areas where they form a demographic majority.

Women enjoy equal political rights and have attained some notable leadership positions, but they are also underrepresented, having won 19 percent of the seats in the last parliamentary election despite a 30 percent gender quota for party candidate lists. New legislation enacted in August 2019 extended the 30 percent gender quota to local municipal councils.

C Functioning of Government

C1 0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 1 / 4

Unresolved constitutional ambiguities regarding the division of power among the president, the prime minister, and the parliament—combined with the need to form multiparty coalitions—have contributed to the instability of governments in recent years. The prime minister has been replaced nearly a dozen times since 2010.

President Jeenbekov worked to consolidate control of the government and the SDPK, while former president Atambayev attempted to maintain his influence during 2019. Atambayev, who still served as party chairman, attempted to withdraw the party from the governing coalition in March; Jeenbekov’s supporters formed the “SDPK Without Atambayev” group in response. In April, the parliament voted to prohibit former presidents from holding state posts or participating in political parties, and stripped Atambayev of immunity from prosecution in June.

Authorities stormed Atambayev’s home in August to arrest him after he ignored multiple subpoenas, but were initially repelled by supporters present in the compound; one officer was killed during the initial raid. Atambayev surrendered a day later and remained in custody at year’s end, facing charges including corruption, along with murder over the outcome of the August raid, leaving Jeenbekov in firm control of the government.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 1 / 4

Corruption is pervasive in politics and government. Political elites use government resources to reward clients—including organized crime figures—and punish opponents. A new anticorruption office within the State Committee of National Security (GKNB) was formed in 2012, but it has primarily been used to target the administration’s political enemies in the parliament and municipal governments. Former premiers Isakov and Jantoro Satybaldiyev, who were aligned with Atambayev, were arrested on corruption charges in 2018; both were convicted, and received prison sentences in December 2019.

News articles published between May and November 2019 implicated former customs official Raimbek Matraimov and his family in a money-laundering and tax evasion operation that siphoned as much as $700 million out of Kyrgyzstan between 2011 and 2016. Later in November, a Chinese Uighur businessperson, Aierken Saimaiti, who collaborated in the operation and served as a source for the articles, was murdered in the Turkish city of Istanbul. The articles sparked protests in Bishkek, but prosecutors declined to investigate Matraimov at year’s end.

C3 0-4 pts
Does the government operate with openness and transparency? 2 / 4

Kyrgyzstan’s laws on access to public information are considered relatively strong, but implementation is poor in practice. Similarly, although public officials are obliged to disclose information on their personal finances, powerful figures are rarely held accountable for noncompliance or investigated for unexplained wealth. Oversight of public contracts is inadequate; corruption scandals in recent years have often centered on procurement deals or sales of state assets.

ADDITIONAL DISCRETIONARY POLITICAL RIGHTS QUESTION
Is the government or occupying power deliberately changing the ethnic composition of a country or territory so as to destroy a culture or tip the political balance in favor of another group? -1

Southern Kyrgyzstan has yet to fully recover from the ethnic upheaval of 2010, which included numerous documented instances of government involvement or connivance in violence against ethnic Uzbeks in the region, with the aim of tipping the political and economic balance in favor of the Kyrgyz elite. Many Uzbek homes and businesses were destroyed or seized. While intimidation has continued and little has been done to reverse the outcomes of the violence, some steps have been taken to restore Uzbek-language media in the region, and fears of further unrest have eased over time.

Civil Liberties

D Freedom of Expression and Belief

D1 0-4 pts
Are there free and independent media? 2 / 4

The media landscape is relatively diverse but divided along ethnic lines, and prosecutions for inciting ethnic hatred have tended to focus on minority writers despite the prevalence of openly racist and anti-Semitic articles in Kyrgyz-language media. A 2014 law criminalized the publication of “false information relating to a crime or offense” in the media, which international monitors saw as a contradiction of the country’s 2011 decriminalization of defamation. The law assigns penalties of up to three years in prison, or five years if the claim serves the interests of organized crime or is linked to the fabrication of evidence.

Journalists have separately faced arrest, government raids, and court action in 2019. In August, immediately following Atambayev’s arrest, authorities raided and seized the assets of Aprel (April) TV, an outlet owned by the former president; it remained off the air at year’s end. In December, the Matraimov family sued Radio Free Europe/Radio Liberty (RFE/RL)-affiliated Radio Azattyk, correspondent Ali Toktakunov, and news sites 24.kg and Kloop.kg, which reported on their alleged money-laundering operation, for libel. A Bishkek court seized their assets later that month, but the decision was reversed at the family’s request; the family’s case was ongoing at year’s end.

News sites also faced service disruptions in 2019; Kloop.kg and news site Cactus were targeted with distributed denial-of-service (DDoS) attacks after reporting on the Matraimovs’ activities in December. Visitors of several other websites reported difficulty accessing articles on the Matraimovs that month.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 2 / 4

All religious organizations must register with the authorities, a process that is often cumbersome and arbitrary. Groups outside the traditional Muslim and Orthodox Christian mainstream reportedly have difficulty obtaining registration, and the 2009 Law on Religion deems all unregistered groups illegal. Organizations such as the Jehovah’s Witnesses often face police harassment. The government also monitors and restricts some Islamic groups, including the nonviolent Islamist movement Hizb ut-Tahrir and Yakyn Inkar, which practices strict asceticism.

Nevertheless, some unregistered religious communities have been able to practice their faiths without state intervention, and the authorities have investigated and punished relatively rare acts of violence against religious figures or minorities.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 3 / 4

The government does not formally restrict academic freedom, though teachers and students have reportedly faced pressure to participate in political campaigns and voting, including in the 2017 presidential election.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 3 / 4

Private discussion is generally free in the country, and prosecutions of individuals for the expression of personal views on social media are rare. However, state and local authorities regularly raid homes where they believe members of banned groups like Hizb ut-Tahrir or certain religious minorities, such as Jehovah’s Witnesses, meet to discuss their beliefs.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 2 / 4

A 2012 law allows peaceful assembly, and small protests and civil disobedience actions, such as blocking roads, take place regularly. Nevertheless, domestic and international watchdogs have voiced concerns over violations of assembly rights, including arrests and other forms of interference. Intimidation by counterprotesters, especially far-right groups, remains a threat.

Despite these circumstances, several major rallies took place without major incident in 2019. In July, Atambayev supporters rallied in Bishkek after the parliament stripped him of immunity. In November, several hundred people protested in Bishkek over the revelation of a money-laundering operation involving former customs official Matraimov.

Score Change: The score improved from 1 to 2 because major political protests took place without interference.

E2 0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 2 / 4

NGOs participate actively in civic and political life, and public advisory councils were established in the parliament and most ministries in 2011, permitting improved monitoring and advocacy by NGOs. However, human rights workers, including those who support ethnic Uzbek victims, face threats, harassment, and physical attacks. Ultranationalists have harassed US and European NGOs as well as domestic counterparts that are perceived to be favored by foreign governments and donors.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 2 / 4

Kyrgyzstani law provides for the formation of trade unions, which are generally able to operate without obstruction. However, parliamentarians considered legislative amendments that would limit their ability to organize and would force them to affiliate with the Federation of Trade Unions of Kyrgyzstan (FTUK), which would serve as the country’s only national union. The amendments, which were introduced in April 2019, remained under consideration at year’s end.

Strikes are prohibited in many sectors. Legal enforcement of union rights is weak, and employers do not always respect collective-bargaining agreements.

F Rule of Law

F1 0-4 pts
Is there an independent judiciary? 1 / 4

The judiciary is not independent and remains dominated by the executive branch. Corruption among judges is widespread. In February 2019, the GKNB announced corruption charges against seven judges, including three sitting Supreme Court justices; the judges were accused of issuing rulings that favored organized criminal groups.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 1 / 4

Defendants’ rights, including the presumption of innocence, are not always respected, and evidence allegedly obtained through torture is regularly accepted in courts.

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 1 / 4

There are credible reports of torture during arrest and interrogation, in addition to physical abuse in prisons. Most such reports do not lead to investigations and convictions. Few perpetrators of the violence against the Uzbek community in southern Kyrgyzstan in 2010 have been brought to justice.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 1 / 4

Legal bans on gender discrimination in the workplace are not effectively enforced. Traditional biases also put women at a disadvantage regarding education and access to services. Ethnic minorities—particularly Uzbeks, who make up nearly half of the population of the city of Osh—continue to face discrimination on economic, security, and other matters. Uzbeks are often targeted for harassment, arrest, and mistreatment by law enforcement agencies based on dubious terrorism or extremism charges. Same-sex sexual activity is not illegal, but discrimination against and abuse of LGBT+ people at the hands of police are pervasive. Ultranationalist groups have also engaged in intimidation of LGBT+ activists.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 2 / 4

The government generally respects the right of unrestricted travel to and from Kyrgyzstan, though journalists and human rights activists sometimes face bans and other obstacles. Barriers to internal migration include a requirement that citizens obtain permits to work and settle in particular areas of the country.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 2 / 4

The misuse of personal connections, corruption, and organized crime impair private business activity. The ethnic violence of 2010 has affected property rights in the south, as many businesses, mainly owned by ethnic Uzbeks, were destroyed or seized.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 2 / 4

Cultural constraints and inaction by law enforcement officials discourage victims of domestic violence and rape from contacting the authorities. Legislation enacted in 2017 aimed to broaden the definition of domestic abuse and improve both victim assistance and responses from law enforcement bodies, but the law is weakly enforced.

The practice of bride abduction persists despite the strengthening of legal penalties in 2013, and few perpetrators are prosecuted.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 1 / 4

The government does not actively enforce workplace health and safety standards. Child labor is restricted by law but reportedly occurs, particularly in the agricultural sector. The trafficking of women and girls into forced prostitution abroad is a serious problem. Police have been accused of complicity in the trafficking and exploitation of victims. Kyrgyzstani men are especially vulnerable to trafficking for forced labor abroad.