Kyrgyzstan
95.
The Committee considered the initial
report of Kyrgyzstan (CEDAW/C/KGZ/1)
at its 408th, 409th and 413th meetings,
on 22 and 27 January 1999 (see CEDAW/C/SR.408,
409 and 413).
Introduction by the State party
96. In her introduction, the representative
of Kyrgyzstan informed the Committee
that the initial report had been prepared
by a special commission established
for that purpose that included governmental
and legal officials. The report was
also prepared through a process of consultation
and participation with non-governmental
organizations.
97.
The representative described the political,
economic and social conditions of the
country since its declaration of independence
on 31 August 1991. She noted that the
current situation was characterized
by the transition to a market economy,
which had had a negative impact on the
situation of women. She highlighted
increasing poverty among women, high
rates of unemployment, the growth of
all forms of violence against women,
the decrease of women's participation
in decision-making and the lack of equal
rights and access to land and credit.
She noted that the situation of rural
women was exacerbated by limited infrastructure
and markets for sale of agricultural
products, an increase in domestic violence
and difficult working conditions. The
representative noted that among the
positive factors was the high level
of women's education.
98.
The representative described the measures
and initiatives that had been undertaken
by the Government to guarantee the equal
rights of women and to ensure their
advancement. Twenty-two international
human rights treaties, including the
Convention on the Elimination of All
Forms of Discrimination against Women,
had been adopted, and the central principles
and standards of international law had
been reflected in domestic legislation.
The curricula of many universities and
schools included human rights education.
99.
The representative described the role
and functions of the newly established
Gender Analysis Council. The Council
had analysed six laws from a gender
perspective and had plans to review
more than 20 laws and regulations. As
a result of the Council's work, the
National Gender Policy Council had been
created in the office of the President
in July 1998. The Council would monitor
the national implementation of international
human rights treaties and agreements,
including the Convention on the Elimination
of All Forms of Discrimination against
Women.
100.
To accelerate implementation of the
Convention, concrete national programmes
relating to the economy, education,
health care and poverty that are aimed
at the advancement of women and the
elimination of de jure and de
facto discrimination against women had
been designed and were being implemented.
101.
The representative noted that the Fourth
World Conference on Women had had a
catalytic role in Kyrgyzstan and had
been an important factor in the ratification
of the Convention. The impact of the
Beijing Platform for Action had been
positive, and the Government was committed
to its implementation. She described
the national programme "Ayalzat" for
1996–2000, which constituted the
national action plan for the implementation
of the Platform and incorporated 11
critical areas of concern as the priorities
for women's advancement. She noted that
the programme was financed from the
national budget.
102.
The representative noted that by presidential
decree, 1996 had been proclaimed women's
year, and in March of that year the
State Commission for the Family, Women
and Youth had been established. She
indicated that, in coordination with
regional affiliates, the Commission
was responsible for implementing the
national action plan in all six regions
of the country.
103.
The representative indicated that her
Government was paying increased attention
to collaboration with non-governmental
organizations in the elimination of
discrimination against women. The representative
drew attention to the contribution of
non-governmental organizations in various
contexts, particularly with regard to
violence against women, and acknowledged
their important role in establishing
crisis centres in all regions of the
country.
104.
The representative noted the decreasing
number of women in decision-making positions,
and indicated that there was debate
in relation to the reinstitution of
quotas that had existed in the past.
105.
The representative concluded with an
analysis of experiences and proposals
for measures and initiatives to promote
the advancement of women in all sectors.
Concluding comments by the Committee
Introduction
106.
The Committee expresses its appreciation
to the Government of Kyrgyzstan for
submitting, in a timely manner, a well-structured
and comprehensive initial report. It
commends the Government on its comprehensive
oral presentation and for the replies
to the questions posed by the Committee.
107.
The Committee appreciates the high-level
delegation, headed by the chairperson
of the State Commission for the Family,
Women and Youth, which presented the
report. It notes that the report described
measures taken by the Government to
implement the Beijing Platform for Action.
108.
The Committee commends Kyrgyzstan for
ratifying a large number of international
human rights treaties, including the
Convention on the Elimination of All
Forms of Discrimination against Women,
which was ratified, without reservations,
during a difficult time of transition
to a market economy and of rapid social
and political change.
Positive
aspects
109.
The Committee commends the fact that
the texts of the treaties ratified by
Kyrgyzstan have been translated into
the Kyrgyz language and other languages
used in Kyrgyzstan, including Russian
and Uzbek. In this context, the Committee
expresses its appreciation of the Government's
will to implement the Convention. The
Committee also commends Kyrgyzstan for
integrating the provisions of the ratified
treaties into its basic domestic laws,
including the criminal code, the civil
code, the labour code and the law on
protecting consumers' rights. It is
also pleased to learn that there are
plans to review other laws from a gender
perspective.
110.
The Committee appreciates the fact that
human rights are part of the curriculum
of many universities and schools.
Factors and difficulties affecting the
implementation of the Convention
111.
The Committee views the prevailing conditions
of poverty and unemployment as well
as the negative effects of rapid social
and political change on women to be
major impediments to the implementation
of the Convention.
112.
The persistence of a strong patriarchal
culture, which emphasizes traditional
roles of women and men, is also seen
as a hindrance to the implementation
of the Convention.
Principal areas of concern and recommendations
113. The Committee is concerned at the
lack of understanding of discrimination
against women as a multi-faceted phenomenon
that entails indirect and unintentional
as well as direct and intentional discrimination.
This understanding is a sine qua non
of comprehensive analyses and for policy
analysis for the effective elimination
of discrimination against women in both
de jure and de facto terms.
114.
The Committee recommends that the principle
of the equality guaranteed by law should
also refer to non-discrimination on
the grounds of sex. It also recommends
the introduction of a procedure for
enforcing rights through effective judicial
and other means. Policies, including
educational, mass media and awareness-raising
campaigns should also be introduced
and efforts should be directed at countering
both intentional and unintentional discrimination.
115.
The Committee expresses concern with
regard to the extent and nature of the
power of the national machinery, as
well as the ambiguity surrounding the
relationship between the State Commission
and the Ministry. It also notes the
inadequacy of the existing budget and
personnel for the advancement of women.
116.
The Committee recommends enhancing the
national machinery by clarifying its
functions and the relations between
its various organs and the organs of
Government, as well as through the allocation
of greater budgetary and human resources
so as to ensure its effective functioning
at the national and regional levels.
117.
The Committee also recommends that all
national programmes to promote the advancement
of women include mechanisms for the
assessment of the outcomes of their
implementation and the evaluation of
their effectiveness and the extent of
their outreach.
118.
The Committee expresses concern that
no efforts have been made to use temporary
special measures as envisaged in article
4, paragraph 1, of the Convention to
improve the situation of women in various
areas; and to ensure women's participation
in decision-making bodies and women's
employment in non-traditional areas.
119.
The Committee recommends the introduction
of a broad range of temporary special
measures in accordance with article
4, paragraph 1, including quotas, to
improve the representation of women
in politics and at all levels of decision-making
and in non-traditional fields of employment.
120.
The Committee is concerned about the
prevalence of patriarchal culture and
the continuing emphasis on the traditional
roles of women exclusively as mothers
and wives. The Committee notes with
particular concern that the initial
report, in referring to the role of
man as the breadwinner, may legitimize
existing stereotypes.
121.
The Committee urges the Government to
introduce a range of measures, including
comprehensive public education and mass
media campaigns, to eliminate traditional
stereotypes of the roles of men and
women.
122.
The Committee is alarmed at the increase
in all forms of violence against women,
including gang rape. The Committee is
also concerned that the emphasis of
the initial report is on sexual violence
rather than on gender-based violence
as an infringement of the right to personal
security.
123.
The Committee recommends that all forms
of gender-based violence be a focus
of serious concern. It recommends the
enhancement of comprehensive measures
to prevent violence and to support women
victims, including gender-sensitization
and the training of law enforcement
officials. It recommends the collection
of comprehensive sex-disaggregated data
and information on the issue of violence
against women. In the light of the linkage
of violence with poverty, the Committee
recommends the introduction of measures
aimed at improving the economic status
of women, including retraining for income-generating
occupations.
124.
The Committee recommends, in both urban
and rural areas, the expansion of the
network of crisis centres and the establishment
of consultative services to provide
necessary medical assistance to women
victims of violence.
125.
The Committee is concerned about the
increase in alcoholism and drug addiction,
to the extent that these are causes
of health problems, as well as violence
against women everywhere.
126.
The Committee recommends that programmes
be put in place to create awareness
about the negative impact of alcoholism
and drug addiction on individuals and
on society in general. It also recommends
the introduction of rehabilitation programmes
for victims of such addictions.
127.
The Committee is concerned that lesbianism
is classified as a sexual offence in
the Penal Code.
128.
The Committee recommends that lesbianism
be reconceptualized as a sexual orientation
and that penalties for its practice
be abolished.
129.
The Committee is concerned about the
increase in prostitution and the trafficking
of women, which it views as being related
to poverty, lack of employment and lack
of effective national measures to suppress
the growth of these practices.
130.
The Committee recommends that increased
efforts in cooperation with other countries
be taken to arrest and punish perpetrators
of trafficking. It also recommends that
domestic measures be launched to combat
the negative effects of structural adjustment
programmes on women and to provide job
opportunities and training to vulnerable
women.
131.
The Committee is concerned at the economic
situation of women, characterized by
an increase in the number of women in
poverty and among the unemployed.
132.
The Committee recommends that the gender
dimension of poverty be considered in
the design and implementation of all
policies and programmes aimed at the
elimination of poverty.
133.
The Committee is concerned about the
conditions of work and job security
of the growing number of women who are
entering the informal sector as agents
in what is referred to as the "women's
suitcase economy" or "women's shuttle
economy".
134.
The Committee recommends the introduction
of comprehensive measures aimed at the
improvement of women's economic status,
particularly through a review of the
taxation legislation relating to small
businesses and the expansion of micro-credit
programmes involving commercial and
agricultural banks in order to ensure
gainful and secure employment for women.
It also recommends that steps be taken
to integrate women into all sectors
of the national economy.
135.
The Committee recommends that international
cooperation be sought to promote the
economic position of women.
136.
The Committee is concerned at the situation
of women's health, in particular the
increase in the incidence of maternal
mortality and morbidity, as well as
the high rates of infant mortality and
the use of abortion as a method of contraception.
137.
The Committee recommends the introduction
of comprehensive family-planning programmes
based on the right to reproductive choice,
as well as measures to ensure that abortion
is not perceived as a method of contraception.
138.
The Committee notes with concern that
although polygamy is illegal, it is
nonetheless practised in some regions
without legal or social sanctions.
139.
The Committee recommends that effective
measures be taken with respect to the
implementation of existing laws, the
improvement of women's economic situation
and the implementation of public education
programmes to change traditional values
supportive of polygamy in order to eradicate
this practice altogether.
140. The Committee recommends that effective
participation of non-governmental organizations
be secured in the preparation of the
next report of Kyrgyzstan and that the
report be made widely available to the
community of non-governmental organizations.
141.
The Committee requests the Government
of Kyrgyzstan to provide information
addressing the concerns raised in the
present concluding comments in the next
periodic report required under article
18 of the Convention.
142.
The Committee requests the wide dissemination
in Kyrgyzstan of the present concluding
comments in order to make the people
of Kyrgyzstan, and particularly government
administrators and politicians, aware
of the steps to be taken to ensure de
jure and de facto equality for women.
It also requests the Government to continue
to disseminate widely, in particular,
to women's and human rights organizations,
the Convention, the Committee's general
recommendations and the Beijing Declaration
and Platform for Action.