Experts of the Committee on the Elimination of Discrimination against Women Congratulate Kyrgyzstan on Progress Achieved on Women’s Advancement and Ask about its List of Jobs Prohibited to Women, and about the Participation of Women in Politics
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the fifth periodic report of Kyrgyzstan, with Committee Experts asking about the country’s list of jobs which women were prohibited from holding, and about the participation of women in politics and public life.
A Committee Expert congratulated Kyrgyzstan on progress achieved in the area of women’s advancement. Another Expert asked when Kyrgyzstan would amend its Labour Code that restricted women’s access to certain categories of work and review the list of industries, jobs, professions and positions with harmful or dangerous working conditions, in which it was prohibited to employ women? One Expert noted that many of the professions on the list prohibited to women were often the higher-paid jobs and asked how would Kyrgyzstan set right that obvious discrimination in the labour legislation? Another Expert asked whether Kyrgyzstan was undertaking awareness-raising measures on the importance of women’s political participation, targeting all relevant State officials and employers and political parties? An Expert asked about the number of women in politics and in political life, including whether there was any intention to introduce a quota system and to reserve seats for women in order to achieve a 30 per cent ratio of women in the parliament and local councils.
The delegation of Kyrgyzstan, turning to the list of professions where the working conditions were harmful, and therefore women were banned, explained that the list would be reviewed under the new national strategy for gender equality. In light of the opinions of international experts, a broad analysis of labour legislation had been conducted and a report had been compiled with recommendations to ensure gender equality in the workplace across the country. The proposal was to develop a list of professions where pregnant and nursing women should not be employed, because of harmful working conditions, and withdraw the existing list of professions where women should not be employed. Equality would be a key issue to consider, as well as the working conditions in which women were to work. On women’s political participation, the delegation explained that Kyrgyzstan took special measures which were not discriminatory, with legislation stipulating quotas in political elections for women. Parliament had 120 members altogether, and 16 per cent were women. Three out of eight parliamentary committees were headed by women.
Alybaeva Janyl Ishenbekovna, Deputy Minister of Labour, Social Security and Migration of the Kyrgyz Republic and head of the delegation, presenting the report, said that Kyrgyzstan’s national development strategy, which would run through 2040, called for the country to ensure the full and equal participation of women in governance at all decision-making levels in political, economic and public life.
Further objectives were to stop forced and early marriages and domestic violence, and to create conditions for a harmonious combination of work and family responsibilities for women and men. Kyrgyzstan had held elections to local self-governing bodies, which had seen an increase in women deputies at the local level. In upcoming parliamentary elections, party lists of political parties taking part in the elections must include a quota of 30 per cent of mandates for women.
Esenkanov Kachyke Esenkanovich, Deputy Chair of the Supreme Court of the Kyrgyz Republic, said women were highly respected in Kyrgyz society, yet cases of discrimination did exist, and an increase in domestic violence had been seen in the wake of the COVID-19 pandemic.
The delegation of Kyrgyzstan was made up of representatives of the Supreme Court of the Kyrgyz Republic; the Ministry of Justice; the Ministry of Health and Social Development; the Ministry of Internal Affairs; the Ministry of Foreign Affairs; the Ombudsman; and the Permanent Mission of Kyrgyzstan to the United Nations Office at Geneva.
The Committee on the Elimination of Discrimination against Women’s eightieth session is being held from 18 October to 12 November. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. The meeting summary releases prepared on the public meetings of the Committee can be found here. The webcast of the Committee’s public meetings can be accessed at http://webtv.un.org/.
The Committee will next meet at 3 p.m. on Wednesday, 3 November to conclude its consideration of the ninth periodic report of the Russian Federation (CEDAW/C/RUS/9).
Report
The Committee has before it the fifth periodic report of Kyrgyzstan (CEDAW/C/KGZ/5).
Introduction of the Report
ALYBAEVA JANYL ISHENBEKOVNA, Deputy Minister of Labour, Social Security and Migration of the Kyrgyz Republic and head of the delegation, presenting the report, noted that Kyrgyzstan had celebrated its thirtieth anniversary of independence in 2021. In April, a new Constitution had been adopted by national referendum, and Kyrgyzstan had also developed a national gender policy. Its five priority areas were women’s economic empowerment, cultural policy and functional education, protection against gender discrimination, women’s political participation, and gender-sensitive regulatory policies. Kyrgyzstan’s national development strategy which would run through 2040 called for the country to ensure the full and equal participation of women in governance at all decision-making levels in political, economic and public life.
Another goal of the strategic document aimed to reduce maternal mortality by one quarter by 2040. Further objectives were to stop forced and early marriages and domestic violence, and to create conditions for a harmonious combination of work and family responsibilities for women and men. Kyrgyzstan had worked to implement the Convention through, among other measures, addressing the needs of women, children, the elderly, and persons with disabilities during the COVID-19 pandemic. The country had also held elections to local self-governing bodies which had seen an increase in women deputies at the local level. In upcoming parliamentary elections, party lists of political parties taking part in the elections must include a quota of 30 per cent of mandates for women.
A draft national programme aimed to develop women’s entrepreneurship, which was important in light of the economic recession due to the COVID-19 pandemic. Textbooks in Kyrgyzstan were now reviewed with a view to the topics of anti-discrimination and gender. A great deal of preparatory work had gone into the fifth periodic report to the Committee, including a special action plan for the implementation of concluding observations made following the review of the fourth periodic report.
The Deputy Minister said that Kyrgyzstan’s Ministry of Labour, Social Security and Migration was mandated to coordinate the State gender policy and the activities of actors on protection against domestic violence. A comprehensive system of gender-oriented national mechanisms had been formed in the country, including a forum of women deputies of Parliament and responsible persons for coordinating the implementation of the gender policy in each State body and local self-government body. Civil society organizations were active participants in the implementation of the gender policy in Kyrgyzstan, which, among other things, had led to increased responsibility for crimes which had a gender dimension, such as family violence.
Around the world, an increased level of violence against women had been documented in the context of restrictive measures related to the COVID-19 pandemic. Kyrgyzstan had taken measures to respond to that, including through legislative proposals aimed at strengthening accountability, and law enforcement agencies taking all the necessary measures to bring the perpetrators to justice. Kyrgyzstan was taking measures to ensure the rights and protection of women and girls, creating conditions for their full access to economic, political, social and other resources and development opportunities at the national level. The dialogue with the Committee was important for Kyrgyzstan, and it would define priority areas for further development of the country’s gender policy.
ESENKANOV KACHYKE ESENKANOVICH, Deputy Chair of the Supreme Court of the Kyrgyz Republic, said women were highly respected in Kyrgyz society, as exemplified in literature, and historically, women had been recognised in the military and political fields. Girls were traditionally respected more than boys in families. Unfortunately, cases of discrimination did exist, as did domestic violence and cases of kidnapping of girls in order to force them into marriage. An increase in domestic violence had been seen in the wake of the COVID-19 pandemic, and to reduce it, measures had been taken, including a decree providing new regulations for video conferences in courts. In terms of the gender policies in the courts themselves, almost half of judges were women.
Questions from a Committee Expert
LIA NADARAIA, Committee Member, welcomed the delegation and congratulated Kyrgyzstan on progress achieved in the area of women’s advancement. According to information received, Kyrgyzstan was undergoing a revision of legislation, sometimes replacing the legal framework with terms of morality and ethics and traditional family values. Could the delegation explain such setbacks? Such language could be used against women’s rights.
The delegation was asked to provide information on strategies for women who could benefit from legal aid and specify the violations of law concerned. What measures were taken to raise awareness among women on their rights, and on the remedies available to them, particularly in rural and remote areas?
Responses from the Delegation
The delegation explained that Kyrgyz law stipulated that no one could be discriminated against on the basis of gender, or other circumstances. The country was making progress in eliminating contradictions among its laws, and many of those laws related to gender. Kyrgyzstan had adopted three action plans to put a presidential agenda in place that secured the place of women in peace and security, the latest one in 2018. Experts in gender issues, with the support of development partners, were continuing to conduct independent assessments of the implementation of the national action plan. Every year, Kyrgyzstan had open days where women, children and youth could engage on issues of peace and security.
Measures were being put in place to address the situation in border areas. Issues included regional conflicts, and Kyrgyzstan had a plan to protect the rights of women and girls in armed conflict. On the matter of State legal aid, the law was operational, and assistance was rendered in two forms, including through skilled and consultative legal aid.
Follow-up Question from a Committee Expert
DALIA LEINARTE, Committee Member, asked the delegation to provide examples of transformed draft law in the field of gender equality, so it would be possible for the Committee to see what the law was previously, and which shape it would have in the future.
Follow-up Responses from the Delegation
The delegation said that until 2020, the issue of service in law enforcement was governed by a regulation giving preference to the gender and ethnicity that was least represented in the given government body. In 2020, new laws were introduced that regulated service in the ranks of law enforcement, including internal affairs. A broad inventory, including gender analysis, was being conducted, and the law was gender neutral today. It did not contain any measures to protect women or ethnic minorities, and proposals had been made to introduce quotas aiming to boost their level of representation. The proposal had been adopted, and the law was now available for public discussion. All laws subject would go through a gender analysis by experts.
Questions from the Committee Experts
DALIA LEINARTE, Committee Member, asked the delegation which specific ministerial unit in the Ministry of Labour, Social Security and Migration was responsible for gender equality, and did it have a separate budget and adequate human resources? The Kyrgyz Republic had a very vibrant civil society of women’s non-governmental organizations; through which channels did the Government and Parliament collaborate with them and support their activities?
HIROKO AKIZUKI, Committee Member, noted that laws stipulated that “no more than 70 per cent of the candidates or members shall be of the same sex” in Parliament, political parties, local councils, judges and others. However, the ratio of women in Parliament and local councils was very low and declining. Was there any intention to introduce a quota system and to reserve seats for women in order to achieve the 30 per cent ratio of women in Parliament and local councils?
Responses from the Delegation
The delegation explained that the Ministry for Labour, Social Security and Migration was the State body authorised to coordinate gender policy in the Republic. In State bodies and local self-government bodies, there were offices responsible for implementing gender policy. There was an issue with the Ombudsman, who had been accredited with status B, meaning incomplete compliance with the Paris Principles. The new Constitution consolidated the role of the Ombudsman. A constitutional law had been developed on the Ombudsman of the Kyrgyz Republic, making major amendments with regard to legal status. As soon as a new Parliament was convened, the law would be forwarded for adoption. As for cooperation with the civil society sector, a law on State purchases supported projects aiming to help disadvantaged groups, including people with disabilities. Kyrgyzstan aimed to build a dialogue with civil society. As for the quota for Parliament, the delegation said that the number of female deputies at the local level had increased. The law also included a mechanism for reserving mandates for women. A constitutional law on elections to Parliament also allowed the single mandate system, so any women who wished to become a deputy in Parliament could be nominated by a jurisdiction.
Questions from the Committee Experts
ROSARIO MANALO, Committee Member, said there appeared to be a rise of religious fundamentalism in Kyrgyzstan. How was the Government addressing that situation?
BANDANA RANA, Committee Member, asked about stereotypes and gender-based violence, which she said seemed to be one of the major issues affecting women in the State party. Impunity remained a critical factor in domestic violence; could the delegation elaborate on legislation for enforcing and monitoring the implementation of the family law? What measures would be taken to curb discriminatory practices against lesbian, gay, bisexual and transgender women? How was women’s representation ensured in the COVID-19 response plan, as per the Committee’s guidance note?
NÁELA GABR, Committee Member, asked about trafficking in persons, noting that Kyrgyzstan was a source country for trafficking in persons. Were there plans to remedy a lacuna in the area of data collection? On the topic of sexual exploitation, the Criminal Code prescribed penalties for sex trafficking, she noted. Why were trafficking crimes often downgraded? Were there awareness-raising campaigns to inform women and girls about the dangers of sex trafficking? Which measures protected women from sex trafficking? On the subject of bride kidnapping, what were the delegation’s solutions?
Responses from the Delegation
The delegation answered that Kyrgyzstan had been conducting comprehensive work against domestic violence, including developing and implementing special investigative teaMs. A special department of the Ministry of Home Affairs conducted policies to prevent domestic violence, and work was underway to identify its key priorities. Practices such as sending aggressors to corrective programmes aimed to prevent recidivism in the field of domestic violence. A project of mobile police teams covered all seven regions of the country, and they regularly visited remote and rural areas, registering all cases of violence and areas where the population needed assistance.
Under the rubric of health, a methodological guide had been developed to help public health experts involved in practical activities to react to gender violence in a public health emergency. That had been done to raise the awareness of medical staff on the causes and dynamics of gender violence in emergency conditions, including ways of reacting to complaints of domestic violence, and recognising symptoms, among others. In the next few years, medical staff and health workers would be trained in areas, including assisting victims of domestic violence.
Questions by the Committee Experts
HIROKO AKIZUKI, Committee Member, asked whether Kyrgyzstan was undertaking awareness-raising measures on the importance of women’s political participation, targeting all relevant State officials and employers and political parties? Were there measures to protect female candidates during the electoral process from gender-based violence, and was there any data and analysis on gender-based violence against female candidates? Were there any legal mechanisms to promote the participation of woman human rights defenders in civil society and to protect them, including those advocating rural women’s human rights?
ELGUN SAFAROV, Committee Vice-Chairperson, asked for information about the situation of stateless people in the country. When would Kyrgyzstan establish a fair and effective national statelessness status determination procedure to ensure the protection of the most vulnerable stateless persons, including stateless women, women of undetermined nationality and their children?
Replies from the Delegation
The delegation explained that Kyrgyzstan took special measures which were not discriminatory, with legislation stipulating quotas in political elections for women. Parliament had 120 members altogether, and 16 per cent were women. Three out of eight parliamentary committees were headed by women. As for the questions about citizenship, the delegation said that in 2019, Kyrgyzstan had been recognised as the first State in the world to have eradicated all possible cases of statelessness.
Question from a Committee Expert
LETICIA BONIFAZ ALFONZO, Committee Member, asked what was being done in schools against gender stereotypes? How was the COVID-19 pandemic affecting education in rural areas?
Replies from the Delegation
The delegation said girls in rural areas had the same right as other children to access education. Kyrgyzstan had converted its education system to an online system, ensuring continued access during the COVID-19 pandemic. Books had been converted into a digital format. Quality had gone down somewhat as teachers needed to be qualified to deliver in the online formats. Special materials had been prepared on the subject of sexual harassment, and guides had been developed for the use of social science teachers.
Questions from Committee Experts
GENOVEVA TISHEVA, Committee Member, asked when Kyrgyzstan would amend its Labour Code that restricted women’s access to certain categories of work and review the list of industries, jobs, professions and positions with harmful or dangerous working conditions, in which it was prohibited to employ women? Would Kyrgyzstan include a comprehensive definition of sexual harassment in its Act on State Guarantees of Equal Rights and Opportunities for Men and Women? Concerning combatting gender stereotyping related to childcare, what measures did Kyrgyzstan envision to provide for and promote childcare leaves for fathers as well?
ARUNA DEVI NARAIN, Committee Rapporteur, asked what measures the State party planned to introduce to improve the healthcare system and enhance the access of women to affordable services? What was being done to ensure that women and girls in rural and remote areas, and migrant women, were provided with high-quality healthcare services? Was abortion being used by women as a family planning method? What measures were being taken to ensure the sexual and reproductive health and rights of women and girls, including access to affordable modern contraceptive methods and family planning services?
MARION BETHEL, Committee Member, asked about the social and economic empowerment of women. What policies and measures were being employed by Kyrgyzstan toward developing a social protection system that was sensitive to the differing needs of women and men? Was Kyrgyzstan prepared to adopt transformative fiscal policies and strategies to meet the needs imposed by care work and to reduce its burden for women, particularly rural women? With regard to questions about women’s entrepreneurship, what measures were in place to protect the generational intellectual property of women, especially in the area of textile, artisanal and craft production?
Replies from the Delegation
The delegation said the representation of women in the labour market was highest in the sectors of education and healthcare. Women on maternity leave, under a new proposed law, would be able to register for professional retraining to enhance their qualifications. A new law on municipal and civil service would allocate priority right to training for women on maternity leave or on leave to look after children or ill members of their family. As for the list of harmful professions where women were banned, an active effort with the International Labour Organization had proposed to review the list. More information would be provided in writing.
Questions from a Committee Expert
LIA NADARAIA, Committee Member, asked about policies to promote rural women and disadvantaged groups of women facing intersecting forms of discrimination. Rural women had much lower rates of access to adequate sanitation, she noted. They also had low rates of land ownership. Turning to the situation of disadvantaged women, she noted that there was entrenched stigma against people living with HIV. As for transgender persons, some were living with two different gender markers on different identification documents.
Replies from the Delegation
In response to questions about the situation of rural women, the delegation said that 18 June had been established as the Day of Rural Women. The majority of the female population of Kyrgyzstan lived in rural areas. Various forms of training were conducted for women on financial and economic issues. Women working in hard-to-reach or remote areas received payments like benefits paid with a local index, or coefficient. Women working in civil service were given medical insurance; all expenses related to doctors, treatment and rehabilitation were covered.
There were crisis centres available to help those who suffered from domestic violence. Measures were taken to raise the incomes of rural women, as well as their food security and nutrition. The share of the population with secure and safe access to drinking water was 94 per cent, the delegation said. A programme for women’s entrepreneurship had among its targets improving the financial infrastructure. A new credit line for microfinancing organizations was being introduced. A new type of contractual farming aimed to enhance the efficiency of agricultural production.
In response to questions about medical care, the delegation explained that in all areas, including mountainous and remote areas, there were obstetricians and paramedic centres. The paramedic centres applied express methods of diagnostics, and if other types of medical studies were needed, women were directed to regional medical centres. As for HIV, antiretroviral medication was offered free of charge. Regarding the situation of women with disabilities, they had various entitlements to social benefits. Recently, citizens with special needs had received increases in their social benefits. Returning to the situation of rural women, the delegation said they worked in farms, and made important contributions to food production.
Questions from Committee Experts
CORINNE DETTMEIJER-VERMEULEN, Committee Member, noted that many of the professions on the list prohibited to women were often the higher-paid jobs. That system was one of the reasons that women sought work elsewhere. How would Kyrgyzstan set right that obvious discrimination in the labour legislation? What was Kyrgyzstan’s strategy to make its laws around domestic violence effective? An alarming number of women seemed to be incarcerated, mostly in relation to drug abuse. Could the State party comment on this increase?
ROSARIO MANALO, Committee Member, expressed concern about the persistence of child and forced marriages. What steps had been taken to combat child and forced marriages, in accordance with the Committee’s recommendations? Were polygamous marriages still tolerated, and if so, what law regulated or managed them? What was the percentage of such marriages? What were the rights and responsibilities of the marriage partners toward one another? Were women’s rights to choose a profession affected by marriage?
Replies from the Delegation
The delegation said that major changes had taken place in legislation, notably in the Family Code, Children’s Code and Criminal Code. That included provisions to prevent premature and forced marriages. The problem of kidnapping of minors for marriage had been seen in various areas, and the State had taken measures to engage in training for law enforcement officials to ensure they responded to such incidents. A special State body on spiritual topics issued its own acts, such as banning the registration of religious marriages for minors.
Turning to the question of bans on certain professions, the legislation had the goal of protecting women from harmful working conditions. It was in the interest of women that it had been instituted.
As for women deprived of liberty, the majority of crimes for which women were in prison were on charges of fraud. As for drug crimes, the delegation said Kyrgyzstan would take a look at the situation, but added that punishment for such crimes was strict, involving prison terms. If those crimes were particularly egregious, the authorities were forced to hand down appropriate punishment, even if the perpetrators were women.
A question had been asked about women who had committed certain crimes, the delegation noted, and provided information about the numbers of women and minors serving prison terms and being investigated.
As for early marriages, a plan had been put in place to prevent such cases, but due to the COVID-19 pandemic, monitoring had not been implemented. Kyrgyzstan was constantly conducting measures to prevent early marriages, including awareness-raising among law enforcement officers, at universities and colleges, and among representatives of religious communities.
Turning to the list of professions where the working conditions were harmful, and therefore women were banned, the delegation explained that the list would be reviewed under the new national strategy for gender equality. In light of the opinions of international experts, a broad analysis of labour legislation had been conducted and a report had been compiled with recommendations to ensure gender equality in the workplace across the country.
Follow-up Questions from Committee Experts
On the issue of the list of professions from which women were banned, a Committee Expert noted that the goal of protecting women, which was said to be in their interest, was not a justification for different treatment before the law.
Noting that the list would be re-examined, the question was whether the goal of Kyrgyzstan was protection or equality?
Follow-up Responses from the Delegation
The delegation said that on the basis of the analysis conducted by the International Labour Organization, the proposal was to develop a list of professions where pregnant and nursing women should not be employed, because of harmful working conditions, and withdraw the existing list of professions where women should not be employed. Equality would be a key issue to consider, as well as the working conditions in which women were to work. International obligations would also be taken into account, with a priority toward working toward equality, but also protection of women.
Concluding Remarks
ISAKOVA ELMIRA ASHIMBEKOVNA, Head of the Department of Legal Support and International Cooperation, Focal Point for Gender Issues, ministry of Internal Affairs of the Kyrgyz Republic , said that the dialogue had been constructive and productive, thanking the Chair and members of the Committee for their questions. Kyrgyzstan would take the necessary measures to protect and promote the rights of women and girls and create opportunities for them to develop.
ELGUN SAFAROV, Committee Vice-Chairperson, thanked the delegation on behalf of the Committee for the dialogue. The Committee commended the State party for its efforts and noted that the concluding observations would be provided through the Permanent Mission.
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CEDAW21.018E