Committee
on the Elimination of Discrimination
against Women
Thirtieth session
12-30 January 2004
Concluding
Comments: Kyrgyzstan
1. The Committee
considered the second periodic report of Kyrgyzstan (CEDAW/C/KGZ/2
and Add.1) at its 632nd and 633rd meetings, on 14 January 2004
(see CEDAW/C/SR.632 and 633).
I. Introduction by the State party
2. In her introduction, the representative of Kyrgyzstan indicated
that the second periodic report provided a realistic picture of
the implementation of the Convention in the country. The strengthening
of legislation and of national mechanisms to improve the status
of women were cited as major achievements. Attention was drawn
to the Kyrgyz law on the Basics of State Guarantees of Gender
Equality, adopted in 2003, which ensured equal rights and opportunities
for women in all areas; the national programme on human rights
for the period 2002-2010, and the national plan of action for
achieving gender equality for the period 2002-2006. Kyrgyzstan
had ratified more than 30 international human rights instruments,
including, in 2002, the Optional Protocol to the Convention.
3. The representative indicated that women in decision-making
positions remained a priority for the Government and, she highlighted
the underrepre sentation of women in legislative and executive
bodies. A Presidential decree on the further improvement of the
framework policy for recruiting women leaders for the State administration
of Kyrgyzstan was issued in August 2002. Gender quotas in appointments
to the Constitutional Court, the Supreme Court, the Central Commission
on Elections and Referendums and the Auditing Chamber of Kyrgyzstan
were stipulated in the law on the Basics of State Guarantees of
Gender Equality. The representative indicated that women were
not considered a political force and were underrepresented in
political parties.
4. The representative indicated that the country's laws conferred
equal rights upon women in employment. She conceded, however,
that traditional gender divisions in the economy persisted, in
particular, the relegation of women and girls to less profitable
occupations. Work at home was considered a major source of productive
labour but was not included in calculations of the country's gross
national product and, thus, was not considered in entitlements
to pension and other benefits.
5. The country's laws and programmes guaranteed equal rights with
regard to education. Women's level of education was actually somewhat
higher than that of men. The National Plan of Action for Education
for All, adopted in July 2002, guaranteed free and mandatory elementary
education to all children, in particular girls and children of
ethnic minorities, by 2015.
6. The representative indicated that the country's laws guaranteed
equal access to medical services. Medical services for women ranged
from outpatient to highly specialized hospitalization services.
The representative noted that there had been a drop in infant
mortality rates, although maternal mortality rates remained high.
Abortion was legal and performed in State and licensed private
medical institutions. Contraception was available to women of
reproductive age. As of December 2003, there were 482 registered
cases of the human immunodeficiency virus (HIV), of which 44 were
women.
7. The representative described various measures taken by the
Government to address the problem of violence against women. She
highlighted the adoption, in 2003, of the law on social and legal
protection from violence in the family, which provided for temporary
protection orders to be issued for victims of violence. The representative
indicated that trafficking in women and children was a source
of increasing concern for the Government. She described a number
of legislative and programmatic measures that had been undertaken
to address the issue, including the drafting of a proposed amendment
to the Criminal Code on trafficking in individuals; the adoption
of a national Programme of Measures to Combat the Illegal Export
of and Trafficking in Persons in 2002; and the establishment of
a national council on the issue.
8. The representative indicated that there remained barriers to
the achievement of women's equality despite the Government's efforts
to improve the status and rights of women in the country. Such
barriers included the growth of poverty and unemployment, a low
level of social protection, the low participation of women in
decision-making, and the persistence of gender stereotypes and
traditions. In addition, the representative noted that women were
poorly informed of their rights.
9. In conclusion, the representative informed the Committee that
its concluding comments and recommendations would become guidelines
for future work on the practical achievement of gender equality
in the country.
II. Concluding comments of the Committee
Introduction
10. The Committee
commends the State party for its second periodic report, which
complied with the Committee's guidelines for the preparation of
periodic reports, and expresses appreciation for the written replies
to the issues and questions raised by the Committee's pre -session
working group and for the frank oral presentation, which provided
additional information on the current situation with regard to
the implementation of the Convention in Kyrgyzstan.
11. The Committee commends the State party for its delegation,
which was headed by the Head of the Secretariat of the National
Council on Women, Family and Gender Development. The Committee
appreciates the constructive dialogue that took place between
the delegation and the members of the Committee.
12. The Committee notes with satisfaction that government action,
including the National Plan of Action for Achieving Gender Equality
for the Period 2002-2006, is placed within the context of the
implementation of the Beijing Platform for Action.
13. The Committee welcomes the growing number of non-governmental
organizations that play a prominent role in promoting gender equality
in Kyrgyzstan.
14. The Committee welcomes the information that the State party
views positively the amendment to article 20, paragraph 1, of
the Convention, concerning the meeting time of the Committee.
Positive aspects
15. The Committee commends the State party for enacting new laws
in support of the goal of gender equality, including the Law on
the Basics of State Guarantees of Gender Equality, which prohibits
direct and indirect gender discrimination and allows for the adoption
of temporary special measures to promote de facto equality between
women and men; and the law on social and legal protection against
violence in the family, which provides for temporary protection
orders to be issued for victims of family violence.
16. The Committee commends the State party for adopting a range
of plans and programmes to address discrimination against women,
including the National Plan of Action for Achieving Gender Equality
for the Period 2002-2006; and the Programme of Measures to Combat
the Illegal Export of and Trafficking in Persons in the Kyrgyz
Republic for 2002-2005. The Committee also commends the adoption
of the National Human Rights Programme for the Period 2002-2010
and the establishment of the Human Rights Representative (Ombudsman)
of the Kyrgyz Republic, which provides a mechanism for monitoring
the observance of human rights, including women's rights.
17. The Committee welcomes the initiative to open centres for
gender studies at higher educational institutions.
18. The Committee welcomes the accession, in July 2002, by the
State party to the Optional Protocol to the Convention.
Principal areas of concern and recommendations
19. While noting that in accordance with the Constitution of the
Kyrgyz Republic, the Convention is an integral and directly applicable
part of Kyrgyz law, and that a number of laws have been adopted
to promote gender equality, the Committee is concerned that women
have seldom, if at all, used the Convention or existing laws to
challenge acts of discrimination and that there is no record of
court decisions in which women have obtained redress for such
acts.
20. The Committee urges the State party to ensure that Kyrgyz
law provides adequate, accessible and affordable enforcement procedures
and legal remedies for violation of women's human rights. The
Committee invites the State party to provide, in its next report,
detailed information about complaints filed in courts on the basis
of the Convention and the legal provisions on gender equality,
as well as any court decisions that refer to the Convention and
domestic legislation on gender equality.
21. The Committee is concerned that the judiciary, law enforcement
personnel and women in general are not familiar with the Convention
or with existing laws to promote gender equality, including the
law on social and legal protection against violence in the family,
and the procedures for their application and enforcement.
22. The Committee urges the State party to introduce education
and training programmes on the Convention and on existing laws
to promote gender equality, in particular for the judiciary, law
enforcement personnel and parliamentarians. It recommends that
awareness-raising campaigns targeted at women be undertaken to
enhance women's awareness of their rights and to ensure that women
can avail themselves of procedures and remedies for violations
of their rights under the Convention and these laws.
23. The Committee expresses concern about the situation of women
in the labour market, including the concentration of women in
traditional spheres of employment, in low-paying jobs and in the
informal sectors; the wage differentials between women and men;
women's rising unemployment rate; and the employment of women
in unfavourable working conditions.
24. The Committee urges the State party to ensure equal opportunities
for women and men in the labour market through, inter alia, temporary
special measures, in accordance with article 4, paragraph 1, of
the Convention. The Committee urges the State party to intensify
its efforts to ensure that all employment-generation programmes
are gender-sensitive and that women can fully benefit from all
programmes to support entrepreneurship. It recommends that efforts
be strengthened to eliminate occupational segregation, both horizontal
and vertical; to narrow and close the wage gap between women and
men; and to ensure that both women and men work under proper conditions
of health and safety. It also recommends that effective measures
allowing for the reconciliation of family and job responsibilities
be strengthened and thatfurther measures to promote the sharing
of domestic and family responsibilitiesbetween women and men be
undertaken.
25. The Committee is concerned about the status of women's health
and thedeterioration of the health-care system. It is concerned
about the continuing high rates of maternal and infant mortality,
anaemia during pregnancy, the still high number of abortions including
among women under the age of 19, underweight girls, the increase
in tuberculosis and sexually transmitted diseases among women
and the problem of alcoholism and drug addiction among women.
The Committee is concerned about the lack of attention to the
negative impact on women of the reform of the health-care system,
including with respect to the decline in the quality and accessibility
of medical services and the closing down of medical institutions,
where a majority of workers were women.
26. The Committee recommends that, in accordance with general
recommendation 24 on women and health, the State party fully implement
a holistic, life -cycle approach to women's health. It recommends
that the State party strengthen measures to reduce the maternal
and infant mortality rates and to address alcoholism and drug
addiction among women as well as the spread of tuberculosis and
other diseases among women. It urges the State party to reinforce
programmes of sexual and reproductive education for both girls
and boys to foster responsible sexual behaviour. The Committee
urges the State party to maintain access to affordable and adequate
health care, to assess the impact on women of the reform of the
health-care system and to take remedial action so as to ensure
that the reform does not disproportionately disadvantage women.
27. While recognizing the efforts made by the State party to address
the issue of trafficking in women and girls, including amendments
to the Criminal Code to include provisions on trafficking in persons
and the adoption of the Programme of Measures to Combat the Illegal
Export of and Trafficking in Persons in the Kyrgyz Republic for
2002-2005, the Committee remains concerned that the problem of
trafficking in women in Kyrgyzstan continues to be serious. The
Committee is also concerned at the lack of information on the
exploitation of prostitution.
28. The Committee urges the State party to intensify its efforts
to combat trafficking in women and girls. It calls on the State
party to ensure that victims of trafficking have adequate support
and that they are not penalized. The Committee recommends the
strengthening of measures aimed at improving the economic situation
of women so as to eliminate their vulnerability to traffickers.
The Committee requests the State party to provide in its next
report information and data on trafficking in women and girls
and exploitation of prostitution, and on the measures taken to
combat the phenomena and their results.
29. Despite the enactment of the law on social and legal protection
from violence in the family and efforts to combat domestic violence,
the Committee is concerned at the continuing hidden nature of
domestic violence and the inadequate performance of the police
in dealing with the reporting from the victims. The Committee
also expresses concern about the lack of detailed information
on sexual violence against women, including sexual harassment
in the workplace.
30. The Committee recommends that an extensive, public awareness-raising
campaign against violence in the family be launched nationwide
and that strengthened training programmes for the police and the
judiciary be provided so as to ensure that the rights of domestic
violence victims are properly protected. The Committee requests
that detailed information on sexual violence, including sexual
harassment, and efforts to eliminate it be provided in the next
report.
31. The Committee is concerned about the increase in poverty among
women .
32. The Committee recommends that the State party closely monitor
the poverty situation of women and ensure that all programmes
aimed at poverty alleviation take full account of the gender dimensions
of poverty.
33. While noting that the Law on the Basics of State Guarantees
of Gender Equality provides for gender quotas in the appointment
of judges to the Constitutional Court and the Supreme Court, the
staff of the Central Commission on Elections and Referendums,
and the auditors of the Auditing Chamber, the Committee is concerned
about the underrepresentation of women in elected and appointed
bodies, particularly at high levels, including the Zhogorku Kenesh
(Parliament) and regional and district keneshes, State executive
and administrative organs, and the diplomatic service.
34. The Committee urges the State party to strengthen and implement
measures to increase the representation of women in elected and
appointed bodies through, inter alia, the implementation of temporary
special measures, in accordance with article 4, paragraph 1, of
the Convention, in order to realize women's right to equal participation
in all areas of public life, particularly at high levels of decision-making.
The Committee recommends that the State party fully utilize general
recommendation 23 concerning women in public life and promote
changes in the attitudes and perceptions held by both women and
men, as regards their respective roles in the household, the family,
at work and in society as a whole. The Committee recommends that
the State party increase its efforts in carrying out awareness-raising
campaigns regarding the importance of women's equal participation
in political and public decision making and in the diplomatic
service.
35. While noting the efforts of the State party to eliminate gender
role stereotyping, especially in the area of the media, the Committee
is concerned about the persistence of discriminatory cultural
practices and stereotypes relating to the roles and responsibilities
of women and men in all areas of life, and the deep-rooted patriarchal
attitudes, which undermine women's social status and are an obstacle
to the full implementation of the Convention.
36. The Committee urges the State party to monitor carefully the
persistence of discriminatory cultural practices and stereotypes
and intensify its efforts to eliminate them. It urges the State
party to encourage men to share family responsibilities, to direct
its awareness-raising programmes to both women and men, and to
take action to change stereotypical attitudes and perceptions
as to men's and women's roles and responsibilities. It recommends
that the State party encourage the media to promote a positive
image of women and of the equal status and responsibilities of
women and men both in the private and public spheres.
37. The Committee is concerned at the continued existence of bride
abduction and polygamy, despite the legal prohibition of these
practices.
38. The Committee recommends action without delay by the State
party to enforce its laws penalizing these practices. The Committee
also recommends that the State party take comprehensive and effective
measures, including the training of the judiciary and law enforcement
officials and public awarenessraising campaigns, in order to eliminate
these practices.
39. The Committee is concerned that provisions in the laws on
land and agrarian reform and in other laws as well as customs
and traditional practices regarding ownership, transfer and inheritance
of land discriminate against women and prevent them from exercising
their rights to land.
40. The Committee requests the State party to undertake a study
on women's de jure and de facto ownership and inheritance of land
and to report the results in its next periodic report. The Committee
urges the State party to take appropriate measures, including
review and amendment of legislation, awareness-raising and adequate
enforcement of the law, in order to eliminate all forms of discrimination
against women with respect to ownership, transfer and inheritance
of land.
41. The Committee is concerned that the law on nationality precludes
Kyrgyz women from passing their nationality on to their children
on the same basis as men.
42. The Committee urges the State party to take immediate steps
to amend the nationality law and bring it into conformity with
article 9 of the Convention.
43. The Committee encourages the State party to accept the amendment
to article 20, paragraph 1, of the Convention, concerning the
meeting time of the Committee, without delay.
44. The Committe e requests the State party to respond to the
concerns expressed in the present concluding comments in its next
periodic report, due in 2006, to be submitted under article 18
of the Convention. It also requests that the report take account
of the general recommendations of the Committee and provide information,
including sex disaggregated data, on the impact of legislation,
policies and programmes designed to implement the Convention.
The Committee urges the State party to cooperate with non-governmental
organizations and civil society to enhance enjoyment by women
of their human rights and in follow-up to the concluding comments.
It recommends that the State party consult with women's non-governmental
organizations during the preparation of the next periodi c report.
45. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits and special sessions (such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session on children (the twenty-seventh special session), the
World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance and the Second World Assembly on Ageing),
the Committee requests the State party to include information
on the implementation of aspects of these documents relating to
relevant articles of the Convention in its next periodic report.
46. The Committee requests that the present concluding comments
be widely disseminated in Kyrgyzstan in order to make the people
of Kyrgyzstan, in particular government officials and politicians,
aware of the steps that have been taken to ensure the de jure
and de facto equality of women and the further steps required
in this regard. It also requests the State party to continue to
disseminate widely, in particular to women's and human rights
organizations, the Convention, its Optional Protocol, the Committee's
general recommendations and the Beijing Declaration and Platform
for Action, as well as the results of the twenty-third special
session of the General Assembly, entitled "Women 2000: gender
equality, development and peace for the twentyfirst century".
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