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 35
 

Overall, it is not uncommon to see references to tradition, culture and/or language in preambles of constitutions since such elements generally play a particular role in building and preserving a state identity and nationhood.31 However, the reference to “preservation and development of language and national culture” in the proposed Article 1 should not be interpreted as excluding or limiting constitutional guarantees for the protection of the rights of national minorities. In this regard, reference is made to Article 27 of the ICCPR, according to which “persons belonging to [ethnic, religious or linguistic] minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language”. Article 10 par 3 of the Constitution similarly lays down the right of the representatives of all ethnicities forming the population of Kyrgyzstan “to preserve their native language” as well as to create “conditions for [their] learning and development”. To ensure that the wording of the amended Article 1 is not used to unduly restrict national minority rights, it is recommended to include a specific reference to the right of persons belonging to national minorities to enjoy and develop their cultural, linguistic or religious identity.