COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS THE REPORT OF KYRGYZSTAN
The Committee on the Elimination of Discrimination against Women today considered the fourth periodic report of Kyrgyzstan on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Presenting the report, Erik Kuikeev, Deputy Minister of Social Development of Kyrgyzstan, said Kyrgyzstan was the first country in Central Asia to develop a parliamentary democracy and was proud to have been the first and only country in the region to be headed by a woman during its difficult transitional period. Kyrgyzstan had a young population of around five million, more than 65 per cent of whom lived in rural areas. He outlined legislative and policy advances in the fields of education, gender-disaggregated data collection, preventing violence against women, tackling the crime of ‘bride kidnapping’ and promoting women’s representation in public and political life.
In the ensuing discussion, Committee Experts asked the delegation what was being done to tackle the disturbing phenomenon of bride kidnapping and the high rate of domestic violence. Measures to uphold the rights of the 65 per cent of Kyrgyzstan women who lived in rural areas, as well as migrant and elderly women, were enquired about. Questions were also asked about the highly segregated labour market, maternal and infant healthcare, tackling negative gender stereotypes, trafficking in persons and exploitation of prostitutes. Experts also raised queries about women in decision-making positions in politics, academia and public life in general.
Yoko Hayashi, Committee Chairperson, in concluding remarks, commended Kyrgyzstan for its efforts and encouraged it to take all necessary measures to address the various recommendations of the Committee, for the benefit of all women and girls in the country.
In closing remarks Mr. Kuikeev thanked the Committee for an excellent dialogue and constructive questions, assuring that its concluding recommendations would be taken back to Kyrgyzstan and examined carefully.
The delegation of Kyrgyzstan included representatives of the Ministry of Social Development, Ministry of Public Health, Ministry of the Interior, Ministry of Justice and the Permanent Mission of Kyrgyzstan to the United Nations Office at Geneva.
The Committee next meets in public at 10 a.m. on Thursday, 26 February to consider the fourth and fifth periodic reports of Eritrea CEDAW/C/ERI/4 and CEDAW/C/ERI/5
Report
The fourth periodic report of Kyrgyzstan can be seen here (CEDAW/C/KGZ/4).
Presentation of the Report
ERIK KUIKEEV, Deputy Minister of Social Development of Kyrgyzstan, said Kyrgyzstan was the first country in Central Asia to develop a parliamentary democracy. Since April 2010, Kyrgyzstan had undertaken serious democratic advances, following a seriously challenging period, forming a coalition Government and adopting a new constitution. The first peaceful transition of power took place in 2011. Kyrgyzstan was proud to have been the first and only country in the region to be headed by a woman during its difficult transitional period. Kyrgyzstan had a young population of five million, more than 65 per cent of whom lived in rural areas. In 2010 the constitution set the basis for developing anti-discrimination legislation and guaranteed equal access to medical care for men and women. Gender legislation included the Law on Normative Legal Acts which made it necessary for gender issues to be taken into account in draft bills.
The National Strategy for the Achievement of Gender Equality by 2020 aimed to create conditions for ensuring opportunities for women, including rural and elderly women, women with limited capabilities and other vulnerable women such as drug users, women with HIV and women in detention. Efforts had also been made to improve data collection and gender-disaggregated statistics and indicators. The Government paid particular attention to preventing all forms of violence against women. In 2009 the United Nations Special Rapporteur on violence against women, Rashida Manjoo, carried out a mission to Kyrgyzstan, following which she recommended that efforts be made to punish bride theft and related crimes. Consequently the Criminal Code was amended in 2013 to increase the maximum penalty for bride theft to seven years in prison, and 10 years if the victim was a minor. There were 550 medical centres countrywide which supported victims of domestic violence, and in accordance with the Istanbul Protocol a medical protocol for victims of domestic and sexual violence had been developed.
On women’s representation in public and political life, Mr. Kuikeev said a growing number of key posts were held by women, such as the leader of the Supreme Court, the Head of the National Bank, and a number of Ministerial positions. The special measures policy to support women’s leadership had been strengthened by the inclusion of quotas for women candidates on electoral lists. On education, for the academic year 2013 to 2014, more than 98 per cent of children aged seven to 15 years old attended school. Boys tended to drop-out of the school system at ninth grade, usually to start work. The school drop-out rate of girls due to pregnancy was six in every 1,000, and the abortion rate for girls was less than one per cent. Kyrgyzstan recently signed the United Nations Convention on the Rights of Persons with Disabilities and had made progress in many areas, including social services and pension provisions to protect the rights of both elderly women, and women with disabilities.
Questions from the Experts
Kyrgyzstan was commended for progress made, in particular in integrating major international law standards into its domestic legislation. The Expert asked whether women in Kyrgyzstan were aware of their rights under the Convention. There were some discriminatory provisions in the law and some Criminal Code provisions did not fully cover domestic violence, rape or trafficking in persons. What measures were being taken to strengthen the access to justice, particularly of human rights defenders?
A UN Women report on Kyrgyzstan in 2013 said bride theft remained prevalent, and customary courts had an important role to play in its prevention. How did Kyrgyzstan establish the hierarchy of judicial standards in relation to customary law?
The Committee was concerned that mandate confusion among national machinery for the advancement of women, such as the National Council for Gender Development, impacted negatively upon the implementation of the Convention. The Expert also asked about the National Strategy for the Achievement of Gender Equality by 2020 and the National Action Plan for Gender Equality for 2012 to 2014.
Response by the Delegation
Kyrgyzstan shared the Committee’s concerns and was making every effort to implement the Convention, not least through the Coordination Council for Human Rights, a powerful body established in 2013 which was building a monitoring system for fulfilling international commitments. A new National Action Plan for Gender Equality running until 2017 was currently being drafted, and would have a more systematic approach.
Kyrgyzstan was a young parliamentary democracy but both the parliament and the judiciary played a key role in defending women’s rights, said a delegate. Judicial reform was ongoing and violence against women and girls would be addressed in a systematic fashion. The political will was there, including at the Supreme Court level, but lack of resources prevented a system being fully established.
Reform of law-enforcement bodies would improve the response to trafficking in persons and related phenomena. The majority of laws dated back to the early 1990s and cardinal changes were required. Therefore a package of draft laws relating to the Criminal Code, the Criminal Procedural Code and the Administrative Liability Code was currently being considered for adoption by Parliament.
Follow-up Questions by the Experts
An Expert expressed grave concern about a purportedly anti-discrimination draft law being considered by the Parliament which would prohibit any mention of lesbian, gay, bisexual and transgender persons, whether in public, in an non-governmental organization report or indeed any form of complaint about discrimination.
Civil Society in Kyrgyzstan appeared to be quite strong, especially judging by how many were present at today’s review and how many shadow reports had been submitted to the Committee, said an Expert, but the Committee was deeply concerned about a draft law pending before the parliament similar to that adopted in Russia which would class non-governmental organizations as ‘foreign agents’.
Response by the Delegates
With respect to the lesbian, gay, bisexual and transgender community, a delegate said that the Ministry of the Interior, the Service for Drug Control, and the Ministry of Education and others had carried out actions to prevent the spread of HIV/AIDS. The goal was prevention, not to allow violations of the rights of sexual minorities and sex workers. The process involved lesbian, gay, bisexual and transgender representatives. The laws did not have specific norms to protect the rights of sexual minorities who had the same rights as anyone else regarding discrimination.
Many representatives of civil society attended a meeting on the drafting of the law on ‘Foreign Agents’, many of whom were against the law, said a delegate. He hoped that parliament would take into account their views when it adopted the law. Another delegate commended the valued efforts of civil society, which was active and constructive in Kyrgyzstan. He said that in reality, society had mixed views about the ‘Foreign Agents’ draft law and hoped greater transparency between State structures and civil society bodies would solve the problem.
Questions by the Experts
What had been done to change attitudes and eradicate negative and persistent gender stereotypes which prevented women from taking an active role in society, especially in rural areas? An Expert asked about ‘support for heroic mothers’ financial allowances which appeared to incentivize women to have lots of children.
Domestic violence remained prevalent amid continuing high rates of violence against women. Many women victims remained silent and judges were not very positive about taking action against perpetrators.
Bride kidnapping could not in any way be considered a form of marriage, it could not be considered a tradition – it was a crime. The Expert asked for information on cases prosecuted, how many girls and women committed suicide after enduring bride kidnap, and the amendment to the Criminal Law on kidnapping.
The Government had made various efforts to combat trafficking in persons but a coordinated response appeared to be lacking. Related concerns included the situation of homeless children – so-called ‘street children’ – who were very vulnerable to exploitation or trafficking, especially the girl child. Migrant workers were also vulnerable to trafficking, especially Kyrgyzstan women going to countries such as Russia.
Prostitution was neither an occupation nor a job but was a woman’s last strategy for survival. Forced prostitution was always linked to violence and exploitation. There was reportedly widespread violence against prostitutes, including from the police. The Government must protect sex workers from violence and discrimination and provide them with medical assistance, including sexual and reproductive health checks, methadone and HIV treatment. Young women in Kyrgyzstan had less than half the job opportunities of men and their unemployment rate was double that of men; sometimes there was no alternative but to resort to prostitution.
Response by the Delegation
Considerable progress had been made in eradicating negative gender stereotypes and the authorities continued to work with religious leaders in particular and ran awareness-raising campaigns to make it clear that Kyrgyzstan was a secular State. Regarding social pressures for women to have many children, a delegate explained that the ‘support for heroic mothers’ allowance was a financial benefit for pregnancy which dated back to Soviet times, although the monthly allowance was very small. It was not an incentive for mothers to have lots of children.
Folk traditions and customs were only supported by the Government if they did not violate human rights. Bride theft was once considered a tradition, but today it was considered a very serious crime. Criminal liability had been strengthened for bride theft, to seven years imprisonment, or 10 years for abduction of a minor less than 16 years of age for the purpose of marriage. There was no data on the number of suicides as a result of bride theft but non-governmental organizations had been very active in preventative work. There were five cases of bride theft registered in 2012, 22 cases in 2013 and 33 cases in 2014. That increase showed that more crimes were being reported and it was being viewed with increasing seriousness.
Ten years ago domestic violence was considered to be a private matter. New data found that every second woman had been a victim of some form of domestic violence. The detection of cases had improved, and the ability of the judiciary to give restraining orders and for courts to be more effective in fighting domestic violence was being strengthened. The Protection Within the Family Law was adopted in 2003 as a result of a people’s initiative following the collection by activists of 33,000 signatures on a petition. It was the first of its kind in Central Asia. Now a draft law ‘Protection from Domestic Violence’ sought to define the crime and also cover economic violence and threats of domestic violence. An increasing number of women were turning to Medical Centres which were equipped to help them. In 2013 there were 957 cases of domestic violence registered by Medical Centres and 820 cases in other healthcare services.
The Anti-Trafficking Programme 2012 to 2016 and an interagency group monitored the effectiveness of trafficking legislation, together with the Organization for Security and Cooperation in Europe. The minimum penalty for trafficking had increased from five to eight years of deprivation of liberty. In 2014 there were 19 cases of trafficking – four of sexual exploitation and several for labour exploitation. Women migrants were given special attention for increased risks of being trafficked.
Complaints by sex workers were responded to very quickly, especially any regarding a police officer, with the possibility of instant dismissal. There was no liability for working in prostitution and Kyrgyzstan adhered to international standards – it would not adopt any legislation which would make prostitutes criminally or administratively liable. It was illegal to operate a brothel, however. The spread of HIV/AIDS in Kyrgyzstan was a cause for alarm and that group of vulnerable women, sex workers, were a source of that.
Follow-Up Questions by the Experts
There had been no change in the uneven representation of men and women at decision-making levels, in parliament and among policy actors, regretted an Expert, asking for information on the temporary special measures established by law. It was very alarming that in the last four years women’s political participation had been worsening, especially at the local level and there were only a small amount of women working for the Foreign Service. What were the impediments to women’s political participation?
Response by the Delegation
Women’s active employment age coincided with their active period as mothers and wives, which was a factor to them withdrawing from political or public life. Only a woman with full economic rights could fully enjoy her political rights, said a delegate, citing measures to promote the economic rights of women. The level of education of women, particularly rural women, had to be increased. The Government was working with non-governmental organizations which ran a rural school teaching women about the basics of the political process. There were training sessions and campaigns aimed at potential women leaders in politics and the media.
There had been proposals for quotas and even parity for men and women in the electoral process, and an active working group was considering those and other measures. Currently political parties developed candidate lists. There was a quota for women diplomats but it had not been maintained; the gap did exist and Kyrgyzstan would focus on bridging it.
On 2 and 3 March a major national forum would be held in Kyrgyzstan to examine women’s issues in the context of the 100 year anniversary of the Kyrgyzstan women’s movement. One of the topics would be the political representation of women.
Questions from the Experts
What measures had been taken to ensure that all girls, including those belonging to minorities, had equal access to free, compulsory and high-quality education, asked an Expert, also requesting information about the high dropout rate of girls, particularly in rural areas.
Gender segregation in vocational and higher education was a concern, although the large number of women enrolled in higher education and post-graduate subjects was commended by an Expert, who nevertheless said a significant gender gap persisted which led to horizontal segregation in the labour market.
Kyrgyzstan had a highly segregated labour market with significant pay discrepancies between men and women. Women predominantly worked in the informal sector and their unemployment rate continued to increase. There was also a persistent problem with child labour, said an Expert. He asked about maternity leave provisions, benefits and social security. What childcare and preschool education was available which would allow women to combine motherhood and paid employment?
The International Labour Organization had noted the need for Kyrgyzstan to adopt legislation reflecting the principle of ‘equal pay for equal work of equal value’ said an Expert, also asking about measures to prevent sexual harassment in the workplace. The Committee was concerned about over-protective and restrictive legislation preventing them from working overtime and nightshifts, especially women who had a family. Did Kyrgyzstan plan to ratify International Labour Organization Convention 189 on Domestic Workers?
On health matters an Expert said maternal mortality remained at a worryingly high level, although it was declining. There was a shortage of hospitals and a lack of emergency obstetric health care personnel. Contraceptive coverage stood at 30.1 per cent, and the decline in the use of contraceptives was affected partly by the growing influence of religion.
There was a high rate of infant mortality primarily due to health complications affecting the mother, according to the report, and poor pregnancy monitoring. Teenage pregnancies in very young girls were another problem, said an Expert. She also asked about policies to prevent teenage pregnancies and sexually transmitted diseases in young people, such as education in school. The numbers of gonorrhoea, syphilis and other sexually-transmitted diseases, such as HIV, were increasing.
Response by the Delegation
Regarding the employment rates of women, statistics showed that the majority were employed in the informal sector, which the Government was taking measures to legalize. In general schools women made up over 80 per cent of teachers but at higher educational facilities teachers were predominantly men. More progress had to be made, said a delegate. He noted that women predominated in the fields of education, health care and social services where levels of pay were lower than in other sectors of the economy where the majority of workers were men, a partial cause of the wage gap. The Government was working to improve remuneration for workers in those sectors.
Regarding flexible working arrangements, a delegate said that in Kyrgyzstan there was a possibility to take ‘family leave’ which could be used by a father or grandparents in order to enable a mother to continue working. The informal sector did indeed need to be formalized, he agreed.
The causes of infant mortality were generally not medical. Rather, research indicated that the major root causes included the plight of pregnant migrant women being engaged in difficult work in Russia or Kazakhstan, who worked until the eve of their childbirth and could not get any help when they went into labour. Other causes included women being beaten by their husbands, being drug users, or persisting with a pregnancy despite medical advice that they should not for health reasons. Kyrgyzstan would not be reaching Millennium Development Goal 4 (on reducing child mortality) but it was on the way, although unfortunately health programmes to reduce infant mortality were not financially supported. In the post-Soviet era Kyrgyzstan was one of the first to adopt the WHO criteria to obtain accurate statistics on maternal and infant health, noted the delegate.
Some maternity clinics had been closed down; Kyrgyzstan was a mountainous country and formerly its health system featured clinics in every district. Unfortunately some of the ‘birthing houses’ established in Soviet times had closed because there were no longer mobile doctors to service them, which had led directly to cases of maternal mortality. Today financial restrictions meant the health structure had to change and the focus was now on ensuring that the required number of hospital beds was maintained.
Childcare facilities were not in keeping with international standards, especially children’s centres, but with the support of the World Health Organization tenders had been held and maternity clinics were planned to be rehabilitated over the next three years and the Government was training more medical specialists. Unfortunately such training had to take place continuously as a very real problem was qualified Kyrgyzstan medics leaving their country in order to work in Kazakhstan and other countries for higher wages.
The Government was working steadily to encourage healthy lifestyles particularly among young people, said a delegate. A ‘Healthy Lifestyles’ preventative programme was delivered in schools across the country which included aspects of biological, psychological and social maturity and taught young people how to adopt safe practices. A 2008 plan to improve sexual and reproductive health currently focused on tackling reproductive cancers.
Questions from the Experts
Kyrgyzstan acknowledged in the report the many challenges faced by the 65 per cent of its women who lived in rural areas, including in the fields of education, political participation and access to health care, said an Expert, asking for information on malnutrition and living conditions, and how the Government met basic needs such as clean drinking water, gas, heating and housing. She also asked about access to land ownership for rural women and in particular the situation of elderly women. The Government had to prioritize those 65 per cent of women above urban women in its programmes: political will was needed, she stressed.
Did the diplomatic service take care of migrant women living abroad? If Kyrgyzstan women were living in other countries illegally did they receive any protection?
An Expert commended Kyrgyzstan for its exemplary new Family Law which provided all rights for women on an equal footing with men. Were women aware of that law? Had the proposed stiffer penalties for crimes of rape, bigamy, polygamy as well as bride kidnapping been adopted yet?
What was being done to protect the rights – particularly economic rights – of girls and women who found themselves in informal and unregistered marriages? Why had the draft law requiring prior formal registration before a Mullah could arrange a religious marriage not been adopted, asked an Expert.
Response from the Delegation
Regarding the protection of Kyrgyzstan citizens abroad, a delegate explained how Kyrgyzstan was trying to expand its diplomatic presence around the world and open more embassies in order to support migrants. However, it was also trying to tackle the problem of Kyrgyzstan citizens leaving the country in search of a better life, and working closely with the International Organization of Migration on that issue.
The Law on the Elderly and a number of decrees on providing assistance to elderly people, with 997 social workers for the elderly, together helped to assist that vulnerable group with social services.
Bride kidnapping was no longer a frequent phenomenon said a delegate. Now that the laws prohibiting the practice were more stringent there was evidence that people were aware of the legislation and were turning to the judiciary for remedies when it took place.
Unregistered religious marriages were indeed a problem, said a delegate, but the Government had established a working group to look at amending the law so a religious marriage could only take place once a civil union had been completed. UN Women was assisting with that.
Concluding Remarks
YOKO HAYASHI, Committee Chairperson, commended Kyrgyzstan for its efforts and encouraged it to take all necessary measures to address the various recommendations of the Committee, for the benefit of all women and girls in the country.
ERIK KUIKEEV, Deputy Minister of Social Development of Kyrgyzstan, thanked the Committee for an excellent dialogue and constructive questions. He assured the Committee that its insight, comments and concluding recommendations would be taken back to Kyrgyzstan and examined carefully.
For use of the information media; not an official record
CEDAW15/010F