CRITERIA FOR U.S. ASSISTANCE
UNDER SECTION 498A(a) OF THE FOREIGN ASSISTANCE ACT OF 1961
KYRGYZ REPUBLIC
Section 498A(a)(1): "make significant progress toward, and is committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections."
The Kyrgyz Republic has expressed a commitment to the protection of individual freedoms, democracy, and the rule of law. Although the 1993 Constitution defines the form of government as a democratic republic, Kyrgyzstan's president dominates the government. In 2005, the Kyrgyz government, parliament, and civil society engaged in a constitutional reform process to create a balance between the branches of government. The Constitutional Council guiding the reform process is scheduled to conclude its work in early 2006.
Parliamentary elections were held February 27 and March 13, 2005. The elections were marred by numerous, serious violations, particularly in the pre-election period. However, there were improvements over the 2000 elections, notably the use of indelible ink, transparent ballot boxes, and generally good access by election observers.
Sporadic public demonstrations against widespread fraud during the parliamentary runoff elections in March 2005 led to a large protest by pro-opposition forces in Bishkek on March 24, 2005. When protestors seized the presidential administration building, President Akayev departed Kyrgyzstan for Russia. Opposition leader Kurmanbek Bakiyev was named acting President and Prime Minister. Acting President Bakiyev formed an alliance with his political rival, Feliks Kulov, to lead Kyrgyzstan's interim government.
Kyrgyzstan held presidential elections on July 10, 2005, that marked the first constitutional transfer of power in Central Asia. President Bakiyev won the elections with over 88% of the vote. The election marked a significant improvement over the 2000 presidential and parliamentary and 2005 parliamentary elections. OSCE/ODHIR concluded in its initial election assessment that the presidential election marked tangible progress towards meeting OSCE commitments.
Although the Constitution provides for an independent judiciary, the court system remains largely unreformed from the Soviet era, and the executive branch usually dominates the judiciary. Recognizing the need to reform the system, the Government has introduced some Western practices, including the right of Parliament to review and approve judicial candidates.
Since March 2005, freedom of expression and association has improved. The new government initiated a series of far-reaching reforms of the government-owned media outlets, including beginning the process of privatizing all government-owned newspapers. As of October, Government newspapers, television and radio continued to receive government subsidies, which permitted the Government to influence their coverage and apply financial pressure on independent media by fostering unfair competition for scarce advertising revenues.
An estimated 7,000-10,000 indigenous NGOs across the country actively promote human rights, democracy, and civil society. Since March 2005, pro-democracy NGOs no longer face government harassment and censorship.
Regarding freedom of religion, while the Kyrgyz Republic is fairly tolerant of religious practice, the registration process for religious groups is cumbersome. Most religious organizations have achieved registration after properly completing all formalities, but for some religions including several Protestant Christian congregations and the Roman Catholic Church, the process took several years and repeated attempts.
The Government restricts the activities of radical Islamic groups that it considers to be threats to national stability and is concerned about the role Islamic extremism could play in the country's politics. Even before September 11, 2001, government officials proposed new policies to prevent the rise of Islamic extremism, including increased sentences for those convicted of religious extremism and increased monitoring of mosques and schools. In April 2004, the Prime Minister signed a decree and plan of action aimed at "combating religious extremism" for the period of 2004 to 2005. The decree outlines efforts of various government agencies directed at detection and prevention of terrorism and religious extremism, including the creation of a database of foreign religious extremist organizations, strengthening of the passport regime, conducting an information campaign, and preventing inter- and intra-faith conflicts. In the past, there have been reports that local authorities in southern Kyrgyzstan detained members of Hizb ut-Tahrir, an Islam-based, radical political organization that advocates the establishment of a borderless, theocratic caliphate throughout Central Asia. The Government banned Hizb ut-Tahrir an as an extremist organization.
The Government has expressed strong commitment to protecting the rights of all ethnic, religious, and linguistic groups, as well as women. The Government's Ombudsman continued to work actively in 2005 to advocate individual rights. Although Kyrgyz law gives equal status to women, gender-based discrimination persists, and trafficking in women and girls for forced prostitution exists. In 2005, the Kyrgyz Government continued its national campaign to combat trafficking in persons. Violence against women and child abuse continue to be problems.
Section 498A(a)(2): "make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts)."
The Kyrgyz Republic has made important progress in restructuring its economic system and implementing legislation that will be the basis for a market economy. The national currency, the som, was introduced in May 1993, and parliament has adopted key legislation on privatization, joint ventures, foreign trade and investment and free economic zones. Most small and medium state enterprises have been privatized. On December 20, 1998, the Kyrgyz Republic was the first former Soviet state to join the World Trade Organization. In January 2005, a WTO compliant customs code became effective. As a member of the WTO, Kyrgyzstan is subject to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In the process of acceding to the WTO the Kyrgyz government enacted legislation to bring the country's legal regime into compliance with TRIPS. Industry has expressed concern about lax enforcement of some of these laws. The Kyrgyz Republic has not been listed in the Special 301 Report as a country that that denies adequate and effective protection for intellectual property rights or denies fair and equitable market access for persons that rely on intellectual property protection since at least 1990. The Kyrgyz Republic is a member of the International Monetary Fund (IMF), World Bank, European Bank for Reconstruction and Development, and the Asian Development Bank. In 1992, an agreement offering political risk insurance and other programs to U.S. companies interested in investing in the Kyrgyz Republic entered into force between the Kyrgyz Republic and the Overseas Private Investment Corporation (OPIC), and the U.S.-Kyrgyz bilateral investment treaty (BIT) entered into force in August 1994. In June 2000, it graduated from the application of the Jackson-Vanik amendment of Title IV of the Trade Act of 1974.
The Kyrgyz Republic was the first Central Asian republic to embark on an IMF reform program. In 2001, the IMF approved a three-year, USD 93 million Poverty Reduction and Growth Facility (PRGF). Past IMF reviews of the PRGF have noted the Kyrgyz Republic's highly satisfactory macroeconomic progress and solid record of policy implementation. In 2005, the Kyrgyz Government and IMF agreed on a successor PRGF arrangement. The Kyrgyz Government and IMF also negotiated a new agreement that commits the government to making progress on tax administration and banking supervision over the next year.
In March 2003, the Paris Club approved a non-concessional debt flow rescheduling. A goodwill clause in the agreement provides for consideration of a stock rescheduling upon successful completion of the PRGF and agreement on a follow-up medium-term arrangement. The success of the Kyrgyzstan's 2001-2004 PRGF and agreement on a successor PRGF arrangement led to Paris Club debt stock relief in March 2005.
The new government is focused on promoting jobs, export growth and encouraging foreign direct investment (FDI). The new government still does not have a clear strategy for economic development, but has high expectations of 8% growth in 2006. Growth and increased social spending have helped the Kyrgyz Republic reduce poverty. The World Bank reports that the percentage of those living under the poverty level continued to slowly decrease in 2005.
The new Kyrgyz Government is formulating a comprehensive anti-corruption strategy and is moving slowly to implement concrete programs. In 2005, there was an increase in reports of corruption in the energy sector, the passport tender process, and shakedowns of foreign and local businesses by government officials.
The Kyrgyz Republic was not listed as a country that fails to ensure adequate and effective protection for intellectual property in the 2005 Special 301 report.
Section 498A(a)(3): "respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration."
The Government generally respects the human rights of its citizens. The March 2005 overthrow of the Akayev regime resulted in a major improvement in the Government's respect for human rights; however, problems remain.
The Constitution prohibits torture and other cruel, inhuman, or degrading treatment or punishment; however, members of the security forces at times beat or otherwise mistreated persons, and prison conditions remain poor. In September, the Human Rights Ombudsman expressed concern over a number of incidents involving abuse of detainees and blamed the abuse on corruption and a low level of professionalism among jail and police officials.
Kyrgyzstan's recognition of its international obligations that relate to refugees, asylum, and the prevention of torture has been uneven, at best. In May 2005, approximately 500 Uzbek asylum-seekers fled to Kyrgyzstan after the Government of Uzbekistan suppressed a popular uprising in the Uzbek city of Andijon. The Kyrgyz Government, working with the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), agreed to shelter the asylum-seekers in a refugee camp for a temporary period.
In June, Kyrgyz authorities forcibly returned to Uzbek authorities four Uzbek nationals who were among the asylum-seekers; this action was a violation of Kyrgyzstan's international obligations as a party to the 1951 Refugee Convention and its 1967 Protocol. Refugee status determinations were not conducted. These four individuals were immediately imprisoned upon their return, and neither the International Committee of the Red Cross (ICRC) nor any diplomatic mission has had access to them. In light of the documented cases of torture and mistreatment in Uzbekistan, this refoulement of asylum seekers also constituted a breech of Kyrgyzstan's responsibilities as a party to the U.N. Convention Against Torture.
In July, however, the Kyrgyz Government allowed the UNHCR to transfer 439 of these asylum-seekers to a safe haven in Romania, where they would be processed for resettlement to various European countries and the United States. And in August, the Kyrgyz Government allowed the UNHCR to transfer 11 more asylum-seekers directly to European countries for resettlement. In doing so, the Kyrgyz Government withstood intense pressure from the Government of Uzbekistan, including threats to cut off natural gas supplies.
As of early January 2006, the Kyrgyz Government continues to detain the remaining four Uzbeks from the original post-Andijon group of asylum-seekers while their asylum cases are adjudicated by the Kyrgyz courts. After a careful and thorough review of their situations, and as it had with the other 454, UNHCR has found these four to be legitimate refugees, a decision which it communicated to the Kyrgyzstan Government, but which the authorities there have refused to recognize. There is serious concern that these four Uzbeks will also be involuntarily repatriated to Uzbekistan, where they would likely face torture and/or other forms of degrading treatment.
The Constitution provides citizens with the right to assemble freely. The former Akayev government frequently restricted this right in practice. President Bakiyev's government has not restricted the right of free assembly. The law requires that authorities receive notification of public gatherings and provides authorities with the right to prohibit gatherings under certain conditions.
The Constitution includes substantial protection for individuals, including non-ethnic Kyrgyz. Concerns remain over ethnic discrimination, but in general the situation for minorities has improved. Emigration has generally decreased, although emigration of ethnic-Russians has increased since March.
The Kyrgyz constitution provides for freedom of religion. The Government does not support any particular religion and expressly forbids religious instruction in government schools. A 1996 law requires that religious groups register with the State Commission on Religious Affairs (SCRA). In practice, the Commission requires each congregation to register separately and does not always process the applications promptly. In April 2004, then-Prime Minister Tanayev signed a decree and plan of action aimed at "combating religious extremism" for 2004 to 2005. The decree outlines efforts of various government agencies directed at detection and prevention of terrorism and religious extremism, including the creation of a database of foreign religious extremist organizations, conducting an information campaign, and preventing inter- and intra-faith conflicts. In April 2005, the SCRA confirmed that the decree and plan of action remain in force and are being followed by the SCRA and other government agencies.
Although there is no law on emigration, administrative procedures provide for the free movement of people. Emigrants are not prevented from returning to the country, and there is reportedly a small but steady flow of returnees.
Section 498A(a)(4): "respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully."
The Kyrgyz Republic has made a strong commitment to the observance of international legal obligations and OSCE commitments. The OSCE opened an office in Bishkek, the capital of the Kyrgyz Republic, in January 1999 and a field office in Osh in April 2000. The Kyrgyz Republic is at peace with its neighbors and is also a strong proponent of dialogue and cooperation among the states of the former Soviet Union. The Kyrgyz Republic participates in Partnership for Peace exercises.
Section 498A(a)(5): "cooperate in seeking peaceful resolution of ethnic and regional conflicts."
The Government is committed to establishing a multi-ethnic national identity and is particularly sensitive to the concerns of the non-Kyrgyz ethnic groups in the Kyrgyz Republic, although there are credible allegations of discrimination on the part of individual government officials.
Section 498A(a)(6): "implement responsible security policies, including--
(A) adhering to arms control obligations derived from agreements signed by the former Soviet Union;
(B) reducing military forces and expenditures to a level consistent with legitimate defense requirements;
(C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and
(D) restraining conventional weapons transfers."
The Government of the Kyrgyz Republic has formally declared its willingness and intent to accept all of the relevant arms control obligations of the former Soviet Union. The Kyrgyz Republic acceded to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), as a non-nuclear weapon state, on July 5, 1994. The Kyrgyz Republic signed its NPT safeguards agreement with the International Atomic Energy Agency on March 18, 1998. This safeguards agreement entered into force on February 3, 2004. The Kyrgyz Republic has not yet concluded an Additional Protocol with the IAEA. The Kyrgyz Republic is also committed to maintaining a small, defensive military force and National Guard. The Kyrgyz Republic has said that it is strongly opposed to the proliferation of weapons of mass destruction, their delivery systems or related technologies. The Government is taking steps to establish a functioning system of export controls, including work on a new export control law. We have received occasional reports of transfers or potential transfers of conventional weapons to state sponsors of terrorism from or through the Kyrgyz Republic, which we carefully review in light of our legal obligations under the various proliferation sanctions laws. None of these reports resulted in a sanctions determination during the reporting period. We are not aware that the Government of the Kyrgyz Republic has engaged in the proliferation of nuclear, biological, or chemical weapons, their delivery systems, or related technology. The Kyrgyz Republic ratified the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC) in 2003. Additionally, the Kyrgyz Republic has acknowledged it is a successor to the former Soviet Union's obligations under the Intermediate and Shorter Range Nuclear Forces (INF) Treaty. Although it does not actively participate in the Special Verification Commission, it continues to observe the Treaty's obligations. The Kyrgyz Republic acceded and became a State Party to the 1972 Biological Weapons Convention (BWC) in 2004. The Kyrgyz Republic has not subscribed to the Hague Code of Conduct Against Ballistic Missile Proliferation (HCOC).
We are working with the Government of the Kyrgyz Republic to put in place protections against the transfer of WMD and missiles through its territory. We also are working with the Government of the Kyrgyz Republic on a number of initiatives to ensure that radioactive materials do not cross their borders.
In accordance with OSCE Vienna Document 1999, the Kyrgyz Republic has submitted the Confidence- and Security-Building Measures (CSBM) annual data declaration for the year beginning January 1, 2004, but did so one week after the December 15, 2003 deadline. The Kyrgyz Republic has not provided information for annual exchanges in accordance with the OSCE Global Exchange of Military Information (since 1995) or the OSCE Document on Small Arms and Light Weapons (since 2001), which we attribute to a lack of resources rather than a deliberate intent not to comply. The Kyrgyz Republic has willingly undergone CSBM inspections and evaluation visits in accordance with the OSCE Vienna Document.
The Government of the Kyrgyz Republic signed the Open Skies Treaty in 1992, but the Parliament has not yet approved it.
Section 498A(a)(7): "take constructive actions to protect the international environment, prevent significant trans-border pollution, and promote sustainable use of natural resources."
The Kyrgyz Republic joined the other Central Asian states in the decision to locate the headquarters of a Regional Environmental Center (REC) in Almaty, Kazakhstan. The United States and the European Union support the establishment of this independent, non-profit, and non-political organization, the mission of which will be to strengthen civil society and support sustainable development by promoting public awareness and participation in regional environmental decision-making.
The Kyrgyz Republic has been an active and constructive player in regional and international efforts to alleviate the deteriorating environmental conditions and to foster regional cooperation in the Aral Sea basin. The Government of the Kyrgyz Republic has worked with the World Bank and international donors on a 15- to 20- year plan to stabilize the Aral Sea.
Section 498A(a)(8): "deny support for acts of international terrorism."
The Government of the Kyrgyz Republic does not grant sanctuary from prosecution to individuals or groups that have committed acts of international terrorism or otherwise support international terrorism. The Kyrgyz Republic is a party to nine international counterterrorism conventions. The Kyrgyz Republic has not yet signed the recently adopted International Convention for the Suppression of Acts of Nuclear Terrorism. The Government has been extremely supportive of the U.S.-led counter-terrorism coalition, allowing deployment of coalition aircraft from a civilian airport near the capital for operations in Afghanistan.
Section 498A(a)(9): "accept responsibility for paying an equitable portion of the indebtedness to United States firms incurred by the former Soviet Union."
In October 1991, shortly before the Soviet Union dissolved, Russia and nine other Soviet republics signed a Memorandum of Understanding declaring themselves jointly and severally liable for the pre-October 1991 debt to foreign creditors of the Soviet Union. In December 1991, Russia and seven other republics signed an agreement which assigned to each of the newly independent states a share of all the external assets and foreign debt of the former Soviet Union (FSU). The Kyrgyz Republic signed both the October and December 1991 agreements. The December 1991 agreement provided that the Kyrgyz Republic's share of the FSU debt would be 0.95 percent. In 1992, Russia sought to replace the joint and several liability principle by seeking full liability for the debt in return for all the external assets. In August 1992, the Kyrgyz Republic signed a "zero option" agreement with Russia under which Russia will pay the Kyrgyz Republic's share of the debt in return for its share of the assets.
In 1992, Russia sought to replace the joint and several liability principles by seeking full liability for the foreign debt of the FSU in return for all the external assets of the FSU. In August 1992, the Kyrgyz Republic signed a "double-zero option" agreement with Russia under which Russia agreed to assume the Kyrgyz Republic's share of the foreign debt of the FSU in return for the Kyrgyz Republic's share of the FSU's external assets.
Please see section 498A(a)(9) of the Russia assessment regarding indebtedness to the United States incurred by the former Soviet Union.
Section 498A(a)(10): "cooperate with the United States Government in uncovering all evidence regarding Americans listed as prisoners-of-war, or otherwise missing during American operations, who were detained in the former Soviet Union during the Cold War."
The U.S. effort to uncover evidence of American POWs and MIAs in the former Soviet Union is being conducted through the U.S.-Russian Joint Commission on POWs/MIAs that was established in March 1992. In November 1995, the U.S. side of this Commission made a successful visit to the Kyrgyz Republic. The Commission met with senior government officials, including then-President Akayev. All officials cooperated fully and pledged to do their utmost to locate information on American POWs/MIAs. There is no evidence of any American POWs/MIAs in the Kyrgyz Republic.
Section 498A(a)(11): "terminate support for the communist regime in Cuba, including removal of troops, closing of military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and ceasing trade subsidies and economic, nuclear, and other assistance."
We have no evidence from which to conclude that the Government of the Kyrgyz Republic is providing military, intelligence, economic, nuclear, or other assistance to the Government of Cuba.
CHECKLIST FOR GROUNDS OF INELIGIBILITY
UNDER SECTION 498A(b) OF THE FOREIGN ASSISTANCE ACT OF 1961
KYRGYZ REPUBLIC
No. The President has not made such a determination at this time. Nonetheless, we will continue working to address existing problems in the area of democracy and human rights both through diplomatic efforts and with assistance programs.
Section 498A(b)(2): Has the President determined that the Government of the Kyrgyz Republic "has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union"?
No. The President has not made such a determination at this time.
Section 498A(b)(3): Has the President determined that, after October 24, 1992, the Government of the Kyrgyz Republic "knowingly transferred to another country --
(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime; or
(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determine[d] that the material, equipment, or technology was to be used by such country in the manufacture of such weapon"?
No. The President has not made such a determination at this time.
Section 498A(b)(4): Is the Government of the Kyrgyz Republic "prohibited from receiving such assistance by section 101 or 102 of the Arms Export Control Act or sections 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991"?
No. We do not have information from which to conclude that the Government of the Kyrgyz Republic is would be ineligible to receive assistance under these statutes.
Section 498A(b)(5): Has the President determined and certified within 30 days to the appropriate congressional committees that the Government of the Kyrgyz Republic "is providing assistance for, or engaging in, non-market-based trade (as defined in section 498B(k)(3)) with the Cuban Government? If so, has the President taken action to withhold assistance from the Kyrgyz Republic under the Foreign Assistance Act with 30 days of such a determination, or has Congress enacted legislation disapproving the determination with that 30-day period?"
No. The President has not determined that the Government of the Kyrgyz Republic is providing assistance for, or engaging in any non-market-based trade with, the Cuban Government.
