Home > 5.2 Content of the referendum > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 33
 

The potential for undue restrictions to the freedom of expression and opinion on these grounds is exacerbated by the newly introduced paragraph 4 of Article 1, which states that “[n]o ideology can be aimed at undermining the highest values of the Kyrgyz Republic”. The actual meaning of this provision needs to be ascertained, in particular how the expression of ideas perceived as being in contradiction to these “highest values” would be evaluated and treated. In that context, the UN Special Rapporteur on the situation of human rights defenders has noted with concern the worrying trends of branding as a security concern any opinion perceived to differ from state ideology, and using this as a justification to unduly restrict the right to freedom of opinion and expression. In principle, restrictions to freedom of opinion and expression are only permissible in cases where statements are considered to constitute incitement to violence or hatred. It is thus recommended to remove the new paragraph 4 of Article 1, or at a minimum, to clarify that only an ideology paired with incitement to violence or hatred is prohibited.