UNDP pioneered and provided impetus for environmental justice, as well as business and human rights agendas in Kyrgyzstan promoting interagency coordination and capacity building along with legal analysis, national trainings and other awareness raising activities. To further the environmental justice agenda, an international forum for stakeholders on environmental justice was conducted.
Over 10,000 people benefitted from free legal aid services in 2023 through various UNDP-supported initiatives, such as the “Bus of Solidarity”, legal consultations and a state-managed hotline. 1
UNDP facilitated the training for 18 judges and 195 legal professionals and law students on human rights and gender-based violence prevention.
In 2023, UNDP Kyrgyzstan implemented initiatives to improve access to legal aid for vulnerable groups and to address and prevent gender-based violence. Notably, UNDP pioneered environmental justice and business and human rights (B+HR) initiatives in Kyrgyzstan to enhance access to justice and promote human rights in response to emerging needs in the climate and human rights agenda.
ACCESS TO LEGAL SERVICES AND GENDER JUSTICE
To enable access to legal and justice services, UNDP worked with the Government to develop and adopt key policy documents that would institutionalize and guarantee the provision of legal aid, especially to vulnerable groups. These documents include the National Legal Aid Programme, the Strategy for the Institutional Sustainability of the Legal Aid Service, the Legal Aid Policy Concept and the State Programme "Accessible Country" for persons with disabilities. 2
To improve the quality of legal aid and to attract more qualified lawyers, the payment rates in the system of state-guaranteed legal aid were doubled. 3 Over 10,000 people, including 5,790 women and 165 people with disabilities, benefited from free legal aid services in 2023 through various UNDP-supported initiatives, such as the “Bus of Solidarity,” 4 legal consultations, and a state-managed hotline. 5
UNDP assisted the Parliament in drafting the law on the Amendments to Legislative Acts for Protection against Domestic, Sexual and Gender Violence. The draft passed the first reading in November 2023. In addition, UNDP facilitated the training for 18 judges and 195 legal professionals and law students on human rights and gender-based violence prevention.
ENVIRONMENTAL JUSTICE
UNDP launched the Environmental justice initiative in Kyrgyzstan with the support from UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development. Environmental concerns, particularly those related to climate change, are gaining momentum in national development discussions in Kyrgyzstan. The third review cycle of the Universal Periodic Review (UPR) in 2020 underscored the necessity of a robust climate policy in line with global standards. In 2022, the President emphasized Kyrgyzstan's vulnerability to climate change, highlighting the urgency of climate justice. 6
UNDP’s environmental justice project in Kyrgyzstan aligns with its global Environmental Justice Strategy and aims to strengthen the legal framework and the institutions, as well as to empower people to take climate action.
During the project implementation, the Kyrgyz Supreme Court, supported by the Kyrgyz Presidential Office, championed environmental justice initiatives, with additional backing from the law enforcement and justice sector.
UNDP conducted an Environmental Justice Baseline Assessment evaluating legal and policy framework and practices. The assessment concluded with recommendations validated by the key national stakeholders.
With UNDP’s facilitation, a Memorandum of Understanding was signed establishing a High-level Environmental Justice Dialogue Platform. 7 The signatories included the Supreme Court, the Ministry of Ecology, Ministry of Justice, the Prosecutor-General's Office, the Bar Association, and the Aarhus Center. The platform will serve as a space to discuss and propose solutions to address national environmental justice concerns.
Additionally, UNDP provided support to the Supreme Court to produce the Compilation of Environmental Justice Case Law. Providing tailored precedents for environmental justice case in civil proceedings, this compilation will empower justice stakeholders, including at the local level, to better protect environmental rights and adjudicate cases effectively, ultimately broadening access to environmental justice for those in need.
To strengthen the capacity of prosecutors, defense attorneys and judges in adjudication, prosecutorial oversight and legal protection in environmental cases, UNDP developed and delivered the training on the "Consideration and Resolution of Environmental Disputes" for over 100 participants (including 45 women). In addition, UNDP developed a methodological manual for judges, prosecutors, and defense attorneys to enhance their capacities in safeguarding rights in environmental cases.
The highlight of the project was the organization of the International Judges' Conference on Access to Environmental Justice, 8 where the Supreme Court and local court judges raised awareness of environmental justice issues and gained knowledge of best practices in Central Asia and Eastern Europe.
In 2022, UNDP started working with the Government, the Ombudsperson Office and other stakeholders to provide impetus for the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) through a National Action Plan on Business and Human Rights in Kyrgyz Republic in 2022, following the launch of the Japan-funded Business and Human Rights global project. With policy support from UNDP, Kyrgyzstan has officially announced the development of a National Action Plan on Business and Human Rights (NAP). 9 In January 2023, the Ministry of Economy and Commerce, in cooperation with the National Institute for Human Rights, established an interagency working group to develop a draft action plan. The NAP first draft was published on the website of the Ministry of Economy in May 2023. 10 To identify the priorities of the NAP, UNDP supported five round tables involving more than 150 stakeholders from private and public sector, as well as civil society. In addition, the first national baseline assessment on business and human rights was conducted, looking at the compliance of Kyrgyzstan’s legislation and policies with UNGPs and relevant international human rights standards. 11
At the same time, the project worked with diverse stakeholders, including private sector and media, to build capacity on human rights due diligence for the companies and raise public awareness on business and human rights. Overall, the project benefited 40 companies, published 14 articles on the business and human rights agenda and produced three videos in Russian and Kyrgyz. 12
BUSINESS AND HUMAN RIGHTS
Lessons learned and good practices
Stakeholder engagement and the national ownership within the judiciary and the President's Office have been paramount. By soliciting input from a diverse range of stakeholders, including government officials, civil society organizations, legal experts and affected communities, decisions and policies were shaped to reflect the nation's diverse perspectives and needs, thereby enhancing transparency and inclusivity.
UNDP prioritized the empowerment of national justice institutions, with interventions implemented by practicing judges, supported by the leadership of the Supreme Court. This approach ensured that initiatives were customized to address the country's specific challenges, resulting in increased effectiveness and sustainability.
The Government of Kyrgyzstan, Resolution of the Cabinet of Ministers of the Kyrgyz Republic On Amendments to Some Resolutions of the Government of the Kyrgyz Republic on the Provision of State Guaranteed Legal Aid, (2023). Available at http://cbd.minjust.gov.kg/act/view/ru-ru/160106.
The Government of Kyrgyzstan, The State Program "Accessible Country", (2023). Available at http://cbd.minjust.gov.kg/act/view/ru-ru/159969?cl=ru-ru.
The Government of Kyrgyzstan, Resolution of the Cabinet of Ministers of the Kyrgyz Republic On Approval of Tariffs for Payment for Qualified Legal Aid Provided by Advocates and Procedure for Payment for Qualified Legal Aid Provided by Advocates within the Framework of Legal Aid Guaranteed by the State, (2023). Available at http://cbd.minjust.gov.kg/act/view/ru-ru/160344.
https://www. UNDP, “The Bus of Solidarity idea brought from Paris – from the city of freedom”, (2020). Available at https://www.undp.org/kyrgyzstan/news/bus-solidarity-idea-brought-paris-city-freedom..org/kyrgyzstan/news/bus-solidarity-idea-brought-paris-city-freedom
Government of Kyrgyzstan, Resolution of the Cabinet of Ministers of the Kyrgyz Republic On Amendments to Some Resolutions of the Government of the Kyrgyz Republic on the Provision of State Guaranteed Legal Aid, (2023). Available at http://cbd.minjust.gov.kg/act/view/ru-ru/160106.
UNDP, “UNDP supports the establishment of the National Dialogue Platform on promotion Environmental Justice”, (2023). Available at https://www.undp.org/kyrgyzstan/press-releases/undp-supports-establishment-national-dialogue-platform-promotion-environmental-justice; Aarhus Centers of Kyrgyzstan, “A Memorandum on the creation of a National Dialogue Platform for discussing environmental rights and access to justice on issues related to environmental protection was signed in Bishkek”, (2023). Available at http://aarhus.kg/en/news/a-memorandum-on-the-creation-of-a-national-dialogue-platform-for-discussing-environmental-rights-and-access-to-justice-on-issues-related-to-environmental-protection-was-signed-in-bishkek.html.session
Aarhus Clearinghouse for Environmental Democracy, Kyrgyzstan: An international conference of judges on access to environmental justice is taking place in Cholpon-Ata, (2023). Available at https://aarhusclearinghouse.unece.org/news/kyrgyzstan-international-conference-judges-access-environmental-justice-taking-place-cholpon.
National Action Plans on Business and Human RightsWebsite , “Kyrgyzstan: 1st NAP (Under development)”. Available at https://globalnaps.org/country/kyrgyzstan/.
Ministry of Economy and Commerce Kyrgyz Republic, Нормативно-правовые акты. Available at https://mineconom.gov.kg/ru/document.
UNDP, National Baseline Assessment on Business and Human Rights in the Kyrgyz Republic, (2023). Available at https://www.undp.org/kyrgyzstan/publications/national-baseline-assessment-business-and-human-rights-kyrgyz-republic.
UNDP, “BHR: UNDP in the Kyrgyz Republic”, (2023). Availbale at YouTube https://www.youtube.com/playlist?list=PLOu-CsdLaS7T6eKdphqjkF6EnrRxDxQQQ.