The Kyrgyz Republic became an independent state in 1991. Although the 1993 Constitution defines the form of government as a democratic republic with substantial civil rights for its citizens, the President, Askar Akayev, dominates the Government. Akayev was reelected in December 1995 in an open, multicandidate presidential election, which was marred, however, by deregistration of three rival candidates immediately prior to the vote. Also in 1995, a two-chamber Parliament was elected for a 5-year term. The Constitution was amended by referendum in February 1996 to strengthen substantially the Presidency and define the role of Parliament. However, the February referendum was marred by serious irregularities. On October 17, the Government held a constitutional referendum that, among other things, reformed the structure of the Parliament and the national budget process. The referendum passed by over 90 percent, but there were again a number of serious irregularities. Although Parliament has become increasingly active, it still does not check the power of the President effectively. The judiciary is dominated by the executive branch.

Law enforcement responsibilities are divided among the Ministry of Internal Affairs (MVD) for general crime, the Ministry of National Security (MNB) for state-level crime, and the procuratorâs office for both types of crime. Both the MVD and MNB deal with corruption and organized crime. These ministries inherited their personnel and infrastructure from their Soviet predecessors. Both appear to be under the general control of the Government and generally conform their actions to the law. Kyrgyz Republicâs border with China and one of its two international airports are manned by Russian border troops under an agreement with the Russian Federation. Border guards are under the full control of the Government. As of January 1, 1999, responsibility for border control lies with the Government, except for the Sino-Kyrgyz border where Russian guards operate under joint Kyrgyz-Russian agreement. Final withdrawal of Russian border guards is scheduled for 2003. Some members of the police committed human rights abuses. Police patrols are poorly supervised, not always paid promptly, and sometimes commit crimes. Supervision of conditions for pretrial detainees is also poor, and abuses sometimes occur.

The Kyrgyz Republic is a poor, mountainous country with a rough balance of agricultural and industrial production. Cotton, tobacco, and sugar are its primary agricultural exports. The country also exports hydroelectric power, antimony, mercury, and uranium. The Government has carried out progressive market reforms. The moderate growth apparent in most sectors has increased, and the public generally supports economic reform. Gross domestic product for the first half of 1998 increased by 5 percent compared with the same period of 1997; however, the level of hardship for pensioners, unemployed workers, and government workers with salary arrearages continues to be very high. The average annual salary is $152 (4,641 som). Foreign assistance plays a significant role in the countryâs budget.

The Government generally respected the human rights of its citizens in many areas, but serious problems remained. The Government limited citizensâ ability to change their government, and there were serious irregularities in the October constitutional referendum. There were credible reports of police abuse and brutality. Prison conditions are very poor, and there were some cases of arbitrary arrest and detention. Executive domination of the judiciary limited citizensâ right to due process, although the judiciary is undergoing reform. Although government supervision of "village eldersâ courts" remains uneven, abuses such as stoning and death sentences have abated. Although sanctioned by the Government, eldersâ courts are not part of the regular judicial structure, and the Government has made efforts to curtail their activities. The Government at times infringed on freedom of speech and of the press. Authorities at times pressured journalists who criticized individual members of the Government. Unlike the previous year, the Government did not use libel laws against the press; however, the Government on occasion apparently used tax laws and registration requirements to intimidate the opposition press or to suspend newspapers. The Government at times inhibited freedom of assembly and association. The Government deregistered the Kyrgyz Committee for Human Rights (KHRC) prior to the October referendum. The Government at times infringes on freedom of religion. Violence against women is a problem that authorities often ignore, and trafficking in women also is a growing problem. Child abuse is a problem, and there is a growing number of street children. Discrimination against ethnic minorities persisted.

RESPECT FOR HUMAN RIGHTS

Section 2 Respect for Civil Liberties, Including:

c. Freedom of Religion

The Constitution and the law provide for freedom of religion and the right of all citizens to choose and practice their own religion; however, the Government at times infringes on these rights. The Government does not support any one religion and expressly forbids the teaching of religion (or atheism) in public schools.

In 1996 the Government created a State Commission on Religious Affairs, officially in order to promote religious tolerance, protect freedom of conscience, and oversee laws on religion. The Commission quickly became active and has overseen the registration of 224 religious institutions of which 188 are Christian denominations. In 1997 the President signed a decree that required all religious organizations to register with the Commission. Under the new regulations, each congregation must register separately. As previously, if a group wishes to own property, open bank accounts, and otherwise engage in contractual activities, it must become a legal entity by registering with the Ministry of Justice. In practice the Ministry has never registered a religious organization without prior registration by the Commission. There were no known instances during the year of the Commission refusing attempts by religious groups to register although registration has been slow on occasion.

The Church of Jesus Christ resubmitted registration papers to the Commission Previously, registration with the Commission was denied because the Church did not have a street address or a building to carry out its activities. At the beginning of September, it received a letter from the procuratorâs office informing it of criminal charges against the Church for "long-term noncompliance with the law on registration of religious organizations." The Commission of Religious Affairs initiated the charge. After church leader Vasily Kuzin explained to the procuratorâs office that all the papers for registration had been filed with the Commission at an earlier date, the procurator requested clarification from the Commission. The Church was registered with the Commission in November, and it purchased a building to be used for its office, which is now being renovated.

According to the Commission on Religious Affairs and the main office of the Seventh Day Adventists, the Naryn Baptists and the Kyrgyz Seventh Day Adventists both are now registered with the Commission. The Baptists have been since 1997 and the Seventh Day Adventists in December 1997.

Religious leaders note with concern that the Commission frequently uses the term "national security" in its statements. The MVD often plays a leading role on various religious questions. They also worry that traditional religious groups could use references to "preserving interconfessional accord" to prevent smaller churches from registering. Both Christians and Muslims have expressed concern about the Stateâs apparent intention to play a more intrusive role in religion. Ethnic Kyrgyz Christian congregations appear to face special barriers, as do some Muslim congregations with foreign support. A small Jewish congregation meets in Bishkek without a rabbi. The group also organizes informal cultural studies and humanitarian services, chiefly food assistance for its elderly.

A Roman Catholic Church in Bishkek functions unhindered. The Seventh Day Adventist Church operates six churches in Bishkek, as well as several elsewhere in the country, without apparent hindrance.

A Russian Orthodox Church in Chaldovar in the northern Chuy-Tokmok region was closed for failure to register. The state Commission on Religious Affairs claimed to have requested the necessary documents nine times from the Churchâs head, Vladimir Klipenshteyn, but he purportedly did not comply with the registration request. Subsequently, Klipenshteyn was dismissed by Russian Orthodox Church authorities, who cited religious differences. Following his dismissal, church authorities sent a letter of apology to the Commission, which then registered the Church.

Muslim leaders complain that the Commission on Religious Affairs makes decisions about religious events without consulting them. The Government considers radical Islam, whose followers it labels "Wahhabis," a threat to the countryâs stability. In late 1997 and throughout 1998, the Government intensified its campaign against orthodox Islamic believers. In April and May, approximately three ethnic Uighurs were arrested for possession of illegal weapons and Wahhabi videocassettes; two were acquitted at trial and the third convicted and sentenced to prison. In December 1997, the MNB created special units to control the activities of Wahhabis and other religious sects.

Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

In general Government policy allows free travel within and outside the country; however, certain Soviet-era policies continue to complicate internal migration, resettlement, and travel abroad. Under the Soviet-era law still in force, citizens need official government permission (a "propiska") to work and settle in a particular area of the country. Strictly speaking, the propsiska affords the right to reside in a given city or region. In addition home and apartment owners legally can sell their property only to buyers with such permission. In practice many employers traditionally have refused to provide employment to any applicant residing illegally. However, this law has not been enforced recently. People now move within the country, purchase homes, and sell businesses without hindrance.

There is no law on emigration. Administrative procedures permit movement of people; however, citizens who apply for passports must present a letter of invitation from the country they intend to visit or to which they intend to immigrate. They also need an exit visa. However, there were no reports that citizens, after presenting such a letter, were denied a passport or an exit visa. A Soviet-era law prohibits emigration within 5 years of working with "state secrets." No one is believed to have been barred from emigration under this statute during the year.

Emigrants are not prevented from returning to the country, and there is reportedly a small but steady flow of returnees.

The Government cooperates with the office of the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees. During 1997 the International Organization for Migration opened a regional headquarters in Bishkek, in part because of the cooperative attitude of government officials. The issue of first asylum did not arise in 1998.

There were no reports of the forced return of persons to countries where they feared persecution or expulsion of those having valid claim to refugee status, except in the 1997 case of Uighur nationalists who fled from China. At that time, 20 or more Uighurs were detained and returned to China (or remanded to the Chinese embassy) for alleged visa or passport irregularities, without being processed as refugees. Clearly, at least some of these Uighurs considered themselves to be refugees since they applied for refugee status. However, the authorities regarded only a few of them to be refugees, and all of those were refused on technicalities. The UNHCR is continuing to study the Uighur situation but has taken no public position. During the year, the MNB sometimes arrested Uighurs on ill-defined charges.

The UNHCR has assisted two groups of Tajik refugees to return to Tajikistan during the year.

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

National/Racial/Ethnic Minorities

There are reported complaints of discrimination in the treatment of citizens who are not ethnic Kyrgyz. The most recent statistical data reflect the following ethnic percentages: 61.2 percent are Kyrgyz; 14.9 percent are Russians; 14.4 percent are Uzbeks; 1.1 percent are Tatars; .3 percent are Germans; and others are 8.1 percent. Members of the minorities allege discrimination in hiring, promotion, and housing. They complain that government officials at all levels favor ethnic Kyrgyz.

Russian speakers (those who do not speak Kyrgyz) also allege that a ceiling exists in government employment that precludes their promotion beyond a certain level. The representation of ethnic Kyrgyz at senior and intermediate levels of government is disproportionately high. This fact gives credence to perceptions that career opportunities in government are limited for those who are not ethnic Kyrgyz.

The Constitution designates Kyrgyz as the state language, but it provides for preservation and equal and free development of Russian and other languages used in the country. In 1996 Russian also was declared, by presidential decree, an "official" language for some purposes. However, lawyers and other officials noted that no legislation referred to official languages, so the status of Russian was no clearer than previously. In 1997 a draft law declaring Russian an official language was declared constitutional by the Constitutional Court. To date, however, the law has been stymied in Parliament. Nevertheless, as a result of these efforts to improve the status of Russian, as well as difficult economic conditions in Russia, Russian emigration has declined significantly, with some ethnic Russians returning. University education is carried out largely in Russian (although Kyrgyz instruction is available in some departments in some universities, where textbooks are available), so that Russian-language capability remains an important skill for those who wish to pursue higher learning.

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