Lessons of "demonstrations of democracy"
Last week the Kyrgyz Parliament adopted a bill "On peaceful demonstrations" in the first reading. The need for adoption of the law is dictated by the time. It's no secret that Kyrgyzstan is ahead of all the world on the number of demonstrations and protest actions. The last year there was no even one week, when various protest actions were held in front of the Parliament building except for two summer months, when parliamentarians were in recess and the period of intense cold in winter season. Periodically population from regions have expressed unacceptance of certain decisions of the authorities by gathering in front of local state administrations and sometimes by blocking highways, which, in their opinion attracts the attention of authorities on this or that problem. Even politicians and dismissed officials did not disdain to use this method of pressure on the central authority, thus attempting to regain their positions or simply to defend their selfish interests.
All these testify the fact that our society after two revolutions became overly politicized and the republic needs in clear legal regulation of such activities, based on international experience in this field. In particular, the International Covenant on Civil and Political Rights enshrines the right of citizens to gather, hold rallies, meetings, demonstrations, marches and pickets peacefully, without weapons. The purpose of such actions may be discussion of problems of common interest, expression of support or protest against government policies, striving to make public their own position on this or that problem.
This right is directly connected with freedom of speech and other equally important rights of citizens. But as rallies and demonstrations are held at squares and streets of cities, usually they create difficulties for transportation and some inconveniences for population. But most importantly - during such events there is always a potential threat to public order, because when a large amount of people gather, any provocation could cause an outburst of negative emotions and unlawful acts of unruly crowds can quickly lead to riots. That is why there are certain limitations that should minimize these threats.
Events of the last year show that not only Kyrgyzstan but also the entire world faces a major task - to develop mechanisms that will ensure the safety of such events without derogating rights of citizens to hold meetings. Memories of events in the small town of Kazakhstan – Zhanaozen during celebrating the Independence Day of the Republic, are still fresh, where the striking oil workers suddenly turned into rioters and looters. It is clear that the protest movement had used forces from outside, who intended to destabilize the situation in the prosperous state for their own selfish interests. This is evidenced by the fact that the day before there were calls in social networks to disrupt Independence Day celebrations of the republic.
Social networks were actively used by opposition and their supporting organizations abroad to organize post-election protests in Russia, not mentioning the bustling Arab world. Definitely it is difficult to assess all of these events, but the fact that they can destabilize the situation in any state, makes the world look for mechanisms to ensure public safety and establish civilized framework for participants of such actions.
This problem becomes even more urgent in light of the disappointing forecast about the second wave of global economic crisis this year. Even the stronghold of the world economic system - the U.S. – is not insured against social unrest. Let’s remember the protest marches against big business under the slogan "Capture the Wall Street" in New York when the police acted very hard, driving away demonstrators and detaining most zealous participants. Besides, a turmoil in such an exemplary democratic state with a centuries-old traditions, like the UK, shook up the whole Europe.
The entire world should solve this problem, including Kyrgyzstan. It is necessary to work out a common position of a state and civil society on this problem. Given the importance of the draft law for the republic, a round table with participation of government representatives, NGOs and international experts was organized in Kyrgyzstan to discuss it. And interesting fact is that, one of these events focused on reducing heating "demonstrations of democracy" in the republic, which indicates that public awareness of risk of such events. In addition, a parliamentary hearings were held on this problem.
The proposed bill will introduce new restrictions. In particular, protests can be arranged at a distance no closer than 50 meters from the strategic facilities, schools and kindergartens. At that, experts think that all regulatory standards should meet international standards and do not contradict the legislation of the republic. Thus, the decision to restrict or prohibit such activities, time and place of conducting or route of moving will be taken by court. And the reasons for ban or restrictions will be such unlawful purposes as war propaganda, ethnic, racial or religious hatred, etc. It is also forbidden to hold two protest meetings in one place, i.e so-called "antimeetings" that could lead to opposition of parties.
But so far there are no rules in it that prevent escalating of demonstrations into illegal actions and mass disorders. According to the opinion of chairwoman of the Foundation "Kylym Shamy" Aziza Abdirasulova expressed during the round table last week, the bill does not reflect what the government should do, including the police in order to prevent conflict situations arising during protest actions. The human rights activist also made a proposal to amend the bill such a conception as spontaneous meeting, arguing that otherwise they would become illegal. However, not all participants of the debate agreed with her point of view, since they think that any public events must be pre-planned and organizationally prepared to avoid possible excesses.
Deputies of Jogorku Kenesh participating in the round table say that the bill is too favorable for holding demonstrations, creating all possible conditions for its participants. MP Irina Karamushkina says that, it can lead to the fact that people will get used to solve any problems by such methods and then such protest actions for any reason will never stop.
According to opinion of some experts, the bill should include responsibility of organizers, who are obliged not only to gather people, but also to control the masses, as well as law enforcement officers, who must have the skills to identify aggressive individuals to act on them without interfering with the conduct of the event. Thus, it will be possible to minimize risk and avoid provocative actions of individual participants.
Experts also stress that one of the main reasons for increasing the number of demonstrations is the lack of other real options for people to bring to the attention of authorities their aspirations and painful problems. Written complaints and statements are usually roam the chain of departments and then the people receive response with standard formulation, which is not understandable at once- whether the issue is considered or postponed until better times. The experts say to create other "link" in order to ordinary citizens could "reach out" to those in power.
Latitude and different polarities of opinions tells that the draft law "On peaceful demonstrations" requires improvements. But all the sides agree in one thing - it should ensure protection of citizens' rights to hold peaceful rallies, but at that directed to prevent conflicts that could lead to open confrontation and mass rioting. Balance of interests of some citizens and society and the state in general must be observed. Perhaps, in the light of growing protest movements in the world, our experience will be in demand for global community.
Mirlan Alymbekov, Kabar News Agency
