COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
2 – 27 August 1999
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES UNDER ARTICLE 9 OF THE CONVENTION
of the Committee on the
Elimination of Racial Discrimination
1. The Committee considered
the initial report of Kyrgyzstan (CERD/C/326/Add.1) at its 1354th meeting
(see CERD/C/SR.1354), on 16 August 1999. At its 1364th meeting (see
CERD/C/SR.1364), on 23 August 1999, it adopted the following concluding
2. The Committee welcomes the submission of the State party's initial
report, prepared in accordance with the Committee's guidelines and commends
the quality of the frank, detailed and informative report. However, although
appreciating the presence of a representative of the State party during
the examination of the report, the Committee regrets the absence of a
delegation with which an in-depth dialogue could have been initiated.
An oral and immediate response to the wide range of questions raised by
the members of the Committee during the consideration of the report could
have eliminated some of its concerns.
B. Factors and difficulties impeding the implementation
of the Convention
3. Having gained independence
and obtained United Nations membership in 1992, the State party has begun
the process of legislative reform in the midst of large-scale economic
and political transformation. In doing so, the State party must deal with
a legacy of difficult relations among various ethnic groups such as the
violent clashes between ethnic Kyrgyz and Uzbek inhabitants in Osh Oblasty
which occurred in 1990, resulting in human casualties and property damage.
C. Positive aspects
4. The Committee notes the efforts of the State party to include various
state institutions, ethnic communities and non-governmental organizations
in the preparation of the report.
5. The Committee notes that
the Constitution of the State party prohibits any kind of discrimination
on grounds of origin, sex, race, nationality, language, faith, political
or religious convictions or any other personal or social trait or circumstance,
and that the prohibition against racial discrimination is also included
in other legislation, such as the Civil, Penal and Labour Codes.
6. The Committee notes with
appreciation the statement of the State party that Kyrgyzstan is a multicultural
society, and the efforts of the State party to promote involvement of
the civil society in activities aiming at the elimination of racial
discrimination and intolerance. These include the convening of multi-ethnic
kurultai (councils), the Assembly of the People of Kyrgyzstan,
and the cooperation with the OSCE High Commissioner on National Minorities
which has resulted in the holding of several international seminars
on inter-ethnic relations. These have brought together international
experts, national non-governmental organizations and government representatives.
D. Principal subjects of concern
7. In regard to article 5 of the Convention, concern is expressed about
racial discrimination against inhabitants who are not ethnic Kyrgyz in
the fields of employment and housing, in particular against the Russian-speaking
E. Suggestions and recommendations
8. The Committee recommends that the State party take steps to ensure
that national legislation is in full conformity with article 4 (b) of
9. The Committee wishes
to receive further information regarding the practical enjoyment by
persons belonging to ethnic and national minorities of the rights listed
in article 5 (e) of the Convention, in particular the right to work,
including the right to equal opportunities of promotion and career development,
the rights to health, education and to housing.
10. The Committee requests
the State party to provide further information on the measures taken
to resolve the underlying problems which resulted in clashes and unrest
between ethnic Kyrgyz and Uzbek inhabitants in Osh Oblasty so as to
prevent the recurrence of such incidents. The Committee also wishes
to receive further information related to the criminal proceedings brought
against individuals involved in the incidents, and to what extent convictions
were directly linked to acts of racial discrimination.
11. In its forthcoming report,
the State party should also include information on the following: the
mandate and activities of the Human Rights Commission established in
1997; the 1994 State Property (De-Statization and Privatization) Act,
and the criteria for naturalization.
12. The Committee suggests
that the State party take steps to ensure the wide dissemination of
the Convention, the periodic reports of the State party and the conclusions
of the Committee.
13. The Committee recommends
that the State party ratify the amendments to article 8, paragraph 6,
of the Convention, adopted on 15 January 1992 at the fourteenth meeting
of States parties to the Convention.
14. It is noted that the
State party has not made the declaration provided for in article 14
of the Convention, and some members of the Committee requested that
the possibility of such a declaration be considered.
15. The Committee recommends
that the State party's next periodic report, which is due on 4 October
2000, be an updating report, taking into account the points raised in
the present concluding observations.