Experts weigh in on Kyrgyzstan's new draft law on countering extremism

BISHKEK -- Kyrgyz experts and scholars are debating the pros and cons of the new draft law aimed at countering extremism that Kyrgyzstan recently released for public discussion.

Kyrgyzstan is facing extremist organisations pursuing political, economic, criminal and other interests that threaten the security of the country and its citizens, according to a background statement accompanying the draft.

For the nation "it has become necessary to improve legislation on countering extremist activity in light of modern challenges and threats posed by the activities of extremist organisations, including those of international concern", Kyrgyzstan's Interior Ministry (MVD) said December 28.

Extremist organisations and citizens are carrying out destructive acts under the cover of charitable, educational or other socially worthy deeds, it said.

Such activities do not always display signs of extremism or violence -- even though they threaten the vital operations of individuals, the broader public and the state as a whole, the ministry added.

The draft law also covers new mechanisms for designating organisations as extremist and the role of mass media in the dissemination of extremist materials.

After public comments, the draft would need to be approved by parliament and be signed by the president to become law.

Need to adapt to new trends

Experts are keeping a close eye on the draft law.

The law is timely but will be effective only if it anticipates new trends, is objective, aligns with international law and removes corruption, according to Azamat Tilekeyev, a Bishkek-based security analyst.

"It's heartening that it devotes a lot of attention to preventing extremism, especially because the police are assigned two functions: preventing and breaking up crimes," Tilekeyev said.

"But among the public ... the MVD has a reputation for being a solely punitive agency. It will take a lot of time to change that."

"So it makes sense to carry out preventive measures in conjunction with civil society organisations in the form of a public–private partnership, especially since the non-governmental sector in Kyrgyzstan has enough resources for this," he said.

Mametbek Myrzabayev, a theologian, said the counter-extremism law needs to respond to modern challenges.

"The MVD's initiative to amend the law is commendable," he said, praising the addition of an interagency commission.

Extremists' methods are changing and they can take advantage of a situation if socioeconomic or political problems suddenly spark discord in the country, said Myrzabayev.

"So it's important that the law respond to modern challenges taking into account our realities, and that it not just be 'copied' [from existing laws elsewhere]," he said.

Concerns over media section of the bill

Other observers have raised concerns over the definitions included in law.

With regard to religious organisations and other groups, for some reason the bill mentions the dissemination of extremist ideology rather than the dissemination of extremist information, noted Nurlan Sydykov, a lawyer for the Media Policy Institute.

It is not clear what should be understood to constitute extremist ideology, he told Caravanserai.

All individuals affected by this law -- both offenders and law enforcement personnel -- need to understand the manner in which the offenders are breaking the law and the terms of their crime, he said.

Sydykov also pointed to contradictory elements in the media section of the bill.

"The concept of 'political hostility' in the version of the new law came from the [Shanghai Co-operation Organization] SCO Convention. In the past, Kyrgyz law didn't include such a concept -- the government previously wanted to include it, but the ombudsman and individual members of parliament opposed it."

"Now it will be possible to bring a criminal case against any media outlet that criticises the authorities," Sydykov said.

The bill stipulates that law enforcement agencies that counter extremism -- specifically, the State National Security Committee (GKNB) and MVD -- may issue warnings to media outlets and religious organisations if they disseminate extremist materials, he continued.

Existing Kyrgyz law authorises the prosecutor general to issue such warnings, which can apply to mass media. The organisations who receive such warnings may appeal them in court.

However, the draft bill is confusing, he noted.

"Unlike the current law, the bill has this wording: a warning is issued in the absence of information about extremist activity and if there are no signs of a crime in the media's dissemination of the materials," he explained.

It is hard to understand what "if there are no signs of a crime" means, since dissemination of extremist materials is already a crime, he said.

"So in this case the law could be abused: law enforcement agencies could refrain from issuing a warning and immediately take steps to terminate the organisation's activity. So this stipulation isn't appropriate, and we're going to ask that it not be included in the new version of the law," he said.