The important role of human rights defenders in ensuring that business respects human rights is recognized by the Guiding Principles on Business and Human Rights. They highlight the key role of human rights defenders in companies' human rights due diligence and their understanding of the risks to the human rights of affected stakeholders.

In particular, the Guiding Principles:

● urge entrepreneurs to consult with human rights defenders, who are often the most expert sources of information on the human rights situation, emphasizing their role as observers, advocates and mediators;

● Call on states to ensure that the legitimate work of human rights defenders is not hindered.

We managed to talk with human rights defenders from the Public Foundation “Legal Clinic “Adilet” and with the Public Association “Human Rights Movement: Bir Duino-Kyrgyzstan”. Human rights activists shared their contribution to the business and human rights agenda in Kyrgyzstan.

The legal clinic “Adilet” is designed to protect the rights of citizens in any range of issues, a large part of the work of human rights activists is associated with representing the interests of refugees before state bodies. Specialists also work with the analysis of legislation, the development of policies that the state adopts.

“We are conducting a study in the field of business and human rights, and on the basis of this study we prepare our comments and make proposals to the government. The work is directed in general to human rights, the role of business in their observance. It is important that the rights of any subject find protection in our country. Whether it is judicial protection, representation of interests before state bodies or protection at the level of the enterprise itself,” says lawyer Natalya Sergeeva.

The topic of business in terms of human rights is new for Kyrgyzstan. Initially, at the official level, it was raised in the Report of the Ombudsman, which was prepared following the results of 2021 and submitted to Parliament. Based on it, the resolution of the Jogorku Kenesh in June last year included a recommendation for the Cabinet of Ministers to develop a National Action Plan on business and human rights.

This work was supported by the Ministry of Economy and Commerce of the Kyrgyz Republic, as it is responsible for the regulation of entrepreneurial activity, for policy development in this area. It works closely with business associations and will be the regulator of government measures. A co-partner is the Office of the Ombudsman, a human rights body that monitors the protection of human rights, regardless of who the violation comes from - be it from business, the state or another person.

At present, the Ministry of Economy has established an interdepartmental working group to develop a National Action Plan (NAP). It included representatives of state bodies, business associations, human rights organizations, and trade unions.

“The first meeting of the working group took place on January 25, 2023. The second on February 3 of the same year. The legal clinic “Adilet” is involved in this issue as an analytical group that is writing a study on the current state of the business and human rights agenda in Kyrgyzstan, how business relationships are implemented here and what is their impact on human rights. As part of this study, two large blocks are analyzed, ”says the lawyer.

 The first block: the obligations of the state to protect human rights

This block of questions is aimed at the component on the obligation of the state to respect human rights and take all measures to protect the rights of citizens, including from the negative impact of business. This block is also intended to answer the question of what measures have been taken by the state that oblige, recommend, advise businesses to respect human rights and take protective measures. This block also includes an analysis of remedies, at the level of the state in an administrative manner, and from the side of business.

Second Block: Business Observance of Human Rights in Kyrgyzstan

 “It is dedicated to practical things, here we have selected a company that is engaged in website research, conducts interviews, focus groups, meets with representatives of different companies. They used this whole set of tools in search of an answer to the question of how ready our business is to implement the UN Guiding Principles, does it have such potential, opportunities, how do companies generally relate to this initiative from the state?

All parties are involved in this process so that the document being developed - the National Action Plan on Business and Human Rights - is the most appropriate for the conditions of Kyrgyzstan, so that it is practical and benefits both business and the people who use its services, are hired by him, feel the impact of business on their lives as residents of a particular community where the business operates,” explains Natalia.

“On the part of business, there is such anxiety that all government initiatives do not always end up the way we would like. And good intentions are sometimes violated. We will try to maintain a balance in this so that there is no bias, ”a representative of the human rights organization notes.

There are not so many large businesses in Kyrgyzstan, and the country's economic sector is mainly small and medium-sized businesses. In order to implement a policy in the field of human rights, certain resources are needed, including access to the necessary information in the field of human rights, and these resources can be provided by the state.

“We may have businesses and are ready to respect human rights, but they just don’t know how to state it, what needs to be reflected in human rights policy, what mechanisms they should implement to minimize risks, how to make an effective complaints mechanism, receiving feedback, and so on. The benefit of business here is that it will be more stable,” adds Natalia Sergeeva.

“In a company where human rights are respected, employees will want to work, they will strive to grow and stay there. They will want to cooperate with this company, the circle of suppliers and new customers will increase. It will expand and become more stable. This is just one of the elements of the business and human rights agenda, which will have a beneficial effect on business itself, but will certainly help protect the rights of citizens. What is also important, citizens will know where to turn if their rights are negatively affected, how to report it, and there will be a guarantee that if such cases occur, then measures will be taken at the level of the company itself, ranging from apologies to then material compensation,” the expert explains.

The role of human rights defenders if a violation of human rights has occurred

The human rights movement "Bir Duino KR" is the legal successor of the NGO "Citizens against Corruption". The movement is also engaged in legal assistance to people affected by a cyanide accident that occurred through the fault of the Kumtor gold mining company on May 20, 1998 in the village of Barskoon, Issyk-Kul region.

“Residents of 5 villages suffered from the consequences of the cyanide accident and continue to suffer. Our lawyer assisted Barskoon village activists in lawsuits against the Kumtor Company and the government of the Kyrgyz Republic. In these lawsuits, they demanded respect for human rights and ensuring both environmental safety and transparency of the Issyk Kul Oblast Infrastructure Development Fund, ”says Tolokan, director of the Ismailov Fund.

Bir Duino is a member of the NGO Consortium on Mining Transparency. The Fund's specialists point out that the decisions of the authorities on issuing licenses to mining companies are closed, which subsequently causes conflicts in the places where the companies worked or started working, for example, Kumtor, Jerui, and companies in Chatkal.

“We had to be mediators to resolve conflicts peacefully or defend the rights of local activists in courts of various levels. While the culture of working in the format of international obligations and standards in the field of human rights in the country is weak, local needs and needs are ignored, including the closed decision-making process at all levels of government,” the director of the foundation shares his experience.

The human rights activist notes that in recent years, innovative ideas have appeared in the country, such as a creative economy or support for women's entrepreneurship.

“This is positive, but the disadvantage is that everything is in the capital and in Russian, there is no new approach to how to develop a business in compliance with the standard of responsible behavior in the field of human rights, training programs for both local and global businesses. There are always risks and catastrophes in risk and disaster zones or in places where mining companies operate, as there is still a gap between people on the ground and authorities at all levels,” notes Tolokan Ismailova.

The Importance of Anti-Corruption Efforts and Small Business Development

The director of the fund notes that there are few people in the country who advance the agenda in the format of the UN Guiding Principles on Business and Human Rights, conferences are held, but they do not provide tools for positive change.

“For example, the named department under the Office of the President of the Kyrgyz Republic resembles the Soviet era: there is a kind of anti-corruption institution, but it is just virtual. As recommended by the UN, a multi-stakeholder approach is important for the development of local and efficient business with an understanding of the needs of the population, equal participation of citizens, which would reduce corruption. So far, only some NGOs are working in this direction,” explains Tolokan Ismailova.

“First of all, there must be the political will of decision makers to adapt high standards to develop and support honest and efficient business in the country. The tax system and the open national budget must be reformed. Parliament should adopt good democratic laws that promote the development of small innovative businesses,” concludes the director of the fund.

This article is an element of an information campaign to promote human rights issues in the aspect of entrepreneurship in Kyrgyzstan within the framework of the UNDP project "Business and Human Rights" (B + HR), with the financial support of the Government of Japan.

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The United Nations Development Programme (UNDP) is one of the leading development organizations in Kyrgyzstan. Since 1993, we have been working in various areas, including inclusive development, environmental protection, crisis response, gender equality promotion, and collaborative efforts towards sustainable development goals.

Media Contact: Nurzhan Alymkanova, Communications Specialist, UNDP Nurzhan.alymkanova@undp.org