EU is turning a blind eye to deteriorating situation in Kyrgyzstan

In June 2024, after five years of negotiations, Kyrgyzstan and the European Union signed a new cooperation agreement, the Enhanced Partnership and Cooperation Agreement (EPCA).

And in September, following the same path, the German chancellor Olaf Scholz met with the Kyrgyz president during his central Asia visit to discuss new investments in the energy sector and stronger ties.

These economic partnerships send a clear message: despite the increasing attacks on civil society and the repressive laws being passed, Germany and the EU more broadly are ready to continue business as usual and prioritise their own strategic economic interests over human rights.

After signing the EPCA agreement, the foreign affairs chief of the EU, Josep Borrell, said the EU would “continue working with Kyrgyzstan on further strengthening the protection of human rights and fundamental freedoms and promote cooperation with civil society.”

Beyond these vague promises, however, there seems to be no real intention to push the Kyrgyz government to respect human rights.

Another 'foreign agents' law

Back in April, Kyrgyzstan adopted the controversial “foreign representatives” bill, which imposes additional and restrictive reporting requirements on all non-commercial organisations that receive foreign funding.

The law stigmatises them, by defining them as “foreign representatives”, and threatens their ability to operate freely.

The implementation regulations, currently under discussion, go even further as they require the names of anyone working for “foreign representative organizations” to be added to a public registry. They also allow the ministry of justice to empower other state bodies to conduct investigations into these organisations. 

These provisions are against basic constitutional principles and go beyond what the law would allow for, contravening the fundamental principle of the rule of law.

UN experts, the OSCE, the EU delegation in Kyrgyzstan and international and national civil society organisations have all expressed strong concerns. The law shows that the government wants to control who can speak and what they say.

It shows that the government, to protect the interests of the political and economic elites, is ready to turn its back on its own citizens.

It shows that Kyrgyzstan - which was once an island of relative freedom and stability in the region - is ready to sacrifice democracy, freedom and human rights.

Self-censoring starts

Already now, some civil society organisations are starting to self-censor themselves and avoid publicly expressing some opinions or concerns, for fear of being labelled as “foreign representatives”. And some staff members of local NGOs have said they will leave their organisations if they are listed in a public registry, as they fear this might put them at risk.

Since the current president came to office in 2021, space for civil society and the media has gradually deteriorated.

According to Transparency International, Kyrgyzstan has recently “turned from a bastion of democracy with a vibrant civil society to a consolidated authoritarian regime that uses its justice system to target critics”.

In January, the national security services raided the offices of two media outlets and arrested 11 journalists. Transparency International also reports that corruption levels are increasing: the country’s Corruption Perception Index score has gone down by five points since 2020.

These attacks on civil society and the restrictive legislation are bad news for all Kyrgyz citizens.

Development activities are much more effective and sustainable when people - including human rights defenders, workers and journalists - can freely ask questions, raise concerns, and participate in inclusive and democratic processes without fearing reprisals.

Their work is paramount to ensure that economic resources are spent to benefit the public and do not get diverted to serve the interests of the elites.

Actors such as the EU and the international finance institutions operating in Kyrgyzstan (such as the European Bank for Reconstruction and Development, European Investment Bank, Asian Development Bank and World Bank) have so far failed to effectively use their leverage to support Kyrgyz’s civil society.

When Georgia approved a similar foreign influence law in May 2024, the EU expressed strong concerns. On 28 June, turning words into actions, the EU put Georgia's membership application process on hold.

But just three days earlier, the EU took a very different stance towards Kyrgyzstan: despite the approval of a similar foreign agents law, the EU did not hesitate in signing a new economic cooperation agreement with the Kyrgyz government. 

Already in 2016, the EU gave Kyrgyzstan special market access through the so-called Generalised Scheme of Preferences Plus (GSP+). In turn, Kyrgyzstan had to commit to implementing 27 international conventions on labour and human rights, environmental and climate protection, and good governance.

In the latest GSP+ monitoring report, released in November 2023, the European Commission notes that Kyrgyzstan is violating most of the core international human rights treaties, and that journalists and human rights defenders are facing “pressure and intimidation for expressing their opinions, including threats of violence and harassment and targeted prosecutions.”

In a statement commenting this report, Iskra Kirova, Europe and central Asia advocacy director at Human Rights Watch, says: “As the EU aims to deepen relations with central Asian states and build influence, it is a missed opportunity and undermines credibility if Brussels fails to apply the rules of its own instruments”. 

When actors such as the EU or development banks approve loans or economic agreements, they have the responsibility to ensure that economic partnerships go hand in hand with progress on human rights and democratic governance. And if the situation gets worse instead of getting better, they should send strong messages and reassess their partnerships.

Kyrgyz citizens deserve better. The future of Kyrgyzstan will look bright only if people who care for their country can speak loudly. All the international institutions that have the power to influence the Kyrgyz government need to support the voices that risk being silenced. And they need to do it now.