In a statement from the human rights center "Bir Duino Kyrgyzstan," it was declared that the Ministry of Justice's position on the implementation of the Law "On NGOs," where non-profit organizations are designated as "foreign agents," contradicts the Constitution. The center explained the reasons for this in an open letter.
The lawyers at the center noted that the provision establishes the procedure for including NGOs in the registry of foreign agents. It outlines requirements for mandatory financial audits and the procedure for state inspections. However, after reviewing the available documents, the center stated that there are violations:
- No order approving the provision
- Unclear status of the provision, whether it is a legally normative act
- No discussions or consultations with representatives of NGOs and civil society
They also pointed out an unlawful provision stating that "a non-profit organization that functions as a foreign agent is not recognized as a non-profit organization if government bodies or local self-government bodies are founders (or one of the founders). However, such NGOs can receive 'foreign funding' and engage in so-called 'political activities,' as defined in accordance with the latest amendments to the NGO law," as claimed by the center.
NGOs will be required to notify the Ministry of Justice of the dismissal or hiring of new employees (including part-time) within seven calendar days from the date of employment or dismissal. This action exceeds the requirements of the Law "On NGOs" and exceeds its powers.
The center's lawyers, upon reviewing the NGO application form for inclusion in the foreign agent registry, discovered that it is necessary to attach a document to the application granting the non-profit organization the right to represent the interests of donors in Kyrgyzstan.
"However, donors do not provide authorization to local NGOs in Kyrgyzstan to represent their interests. The activities of the organizations themselves do not reflect the position of the grantor," clarified the center.
On March 14, the Jogorku Kenesh adopted in the third reading a bill on "foreign agents" (analogous to a foreign agent in Russian legislation), officially known as the draft law "On Amending the Law 'On Non-Profit Organizations'."
President of Kyrgyzstan Sadyr Japarov signed the law on April 2. In a statement published on Facebook on April 2, he promised that there would be no persecution of NGOs and their representatives after the document is signed.
