A microcredit system for unemployed citizens has been introduced in the Republic in order to increase their employment, particularly in rural areas, enhance their well-being and stimulate the development of entrepreneurial activity. The system’s basic goal is to involve an ever increasing number of unemployed persons in entrepreneurship. Over the 12 months of 2002, microcredit centres provided microcredits amounting to 22.8 million som, and 3,300 persons received such loans. Of that number, 1,700 women received microcredits amounting to more than 9 million som.

A total of 764 unemployed persons, including 389 women, received training in the fundamentals of entrepreneurship. Furthermore, under the ILO project “Training young people and adults in the field of entrepreneurship”, five women specialists were prepared and acquired teaching skills for training unemployed citizens in entrepreneurship.

Vocational training, retraining and advance training of unemployed citizens are one of the types of further education provided to the adult population. In the 12-month period of 2002 throughout the country, 3,800 women, or 60 per cent of all persons trained, received training, of them 76 per cent or 2,900 women were able to find employment on the basis of newly acquired specialties that are in demand on the labour market. The basic “women’s” occupations for training include work as cooks, tailors, sewers, waitresses, secretaries/personal assistants, specialists in the manufacture of national handicrafts, hairdressers, accountants, hotel service employees, painters and plasterers.

In Kyrgyzstan, there are ongoing training programmes for unemployed women, who are directed towards women’s employment or oriented towards opening their own business in the fields of garment making, tourism, applied art and social services.

In registering for and receiving certificates at the tax inspectorate and regional statistical offices, recipients are not categorized on the basis of gender.

The number of women employed in agriculture and individual labour as well as personal subsidiary farming amounts to 47 per cent or 415,800 persons.

Providing rural women with microcredits has become one of the successful strategies for enhancing the economic rights and opportunities of women and has helped to expand their economic prospects. In 2002, 825 rural unemployed women received microcredits, constituting 48 per cent of all those who received them.

As at 1 January 2003, 20,700 rural women were registered in the Republic’s employment services, and 1,200 rural women are receiving unemployment benefits.

Under Government decision No. 236 of 30 April 1998, “Emgek”, the national labour market and employment programme, one of whose sections provides for assistance for women’s employment, was approved and is currently being implemented. Furthermore, in accordance with the Presidential Decree on the National Plan of Action for Achieving Gender Equality in the Kyrgyz Republic, a State Employment Department plan of measures was drawn up and sent to regional structures and Bishkek for implementation.

Overall unemployment among women stands at 9.8 per cent, which is 2 per cent higher than the level of unemployment among men (7.8 per cent). Practice shows that women are the first affected in staffing cutbacks or are released at their own request (as a result of being on long-term unpaid leave).

In 2002, agencies of the State Labour Inspectorate conducted approximately 25 check-ups to verify compliance with labour legislation and women’s labour-protection norms and regulations. Some 120 violations were detected, including delays in paying wages, violations of the procedure for concluding written contracts, and delays in issuing labour record books.

Violations of the women’s labour conditions were also established.

In the various branches of industry, there are 4,600 jobs that are occupied by women (31.8 per cent of the overall number of jobs) and do not meet sanitary and hygienic standards, and 7.8 per cent of women are engaged in heavy physical labour.

Issues relating to the organization of labour on the part of pregnant women have still not been resolved.

Most of them are forced to work during this period at the same jobs and are subjected to the effect of harmful production factors, exposing both their own health and that of the future child to risk.

With the introduction of the new “Regulations on verification check-ups” the agencies of the State Labour Inspectorate will have expanded possibilities for conducting inspections of enterprises and organizations of all forms of ownership, which are to include on a mandatory basis a study of the working conditions of women. Under the new Regulations, check-ups began in February 2003.

In accordance with the law on State financial assistance in the Kyrgyz Republic, there are two types of State allowances:

1.A lump-sum monthly allowance for impoverished families and citizens;

2.A monthly social allowance.

The lump-sum monthly allowance to impoverished families and citizens is determined on the basis of an assessment of the family’s income (provided that the family’s average per capita income does not exceed the guaranteed minimum level of consumption (GMLC).

–A lump-sum payment on the birth of a child — 300 per cent of the GMLC;

–For children under 18 months — 100 per cent of the GMLC;

–For triplets and higher multiple births — 150 per cent of the GMLC.

A total of 165,700 families receive the lump-sum monthly allowance.

The monthly social allowance for children up to 16 years is fixed at the following levels:

–For disabled children suffering from infantile cerebral paralysis — 300 per cent of the GMLC;

–For disabled children — 225 per cent of the GMLC;

–For HIV-infected children or children suffering from AIDS — 225 per cent of the GMLC;

–For children where there is a loss of a provider and who have no right to pension provision — 150 per cent of the GMLC;

–For children who have lost both parents (full orphans) — 225 per cent of the GMLC.

In addition, social allowances are provided to heroic mothers who have no entitlement to pension provision — 225 per cent of the GMLC.

The total number of recipients of such social allowances is 24,200 persons.

Unfortunately, these are very small allowances. On 1 April 2002, the GMLC was increased from 120 to 140 som. The average lump-sum monthly allowance is 100 som, and the average social allowance is 311 som.

Information from the State Commission for the Development of Entrepreneurship of the Government of the Kyrgyz Republic

The State Commission for the Development of Entrepreneurship submitted the following information on measures and mechanisms for implementing the Convention.

Under Order No. 56-p of 3 July 2002, a committee composed of eight staff from the central administration and directors of regional branches of the State Commission was set up in order to implement a gender policy in the Commission. A work plan was drawn up by the committee in accordance with the decision and was approved by Order No. 60-p of 11 July 2002. In accordance with paragraph 3 of the plan, a gender audit is being carried out of the activities of the central administration, where five women occupy the posts of department heads. When rotation transfers are carried out, for example in order to promote the advancement of women and achieve a gender balance, a female employee is transferred to the post of department head, and another to that of chief specialist. Placing women in managerial posts is also done at the regional level. Accordingly, the directors of the Naryn and Zhalal-Abad regional branches are women.

The State Commission’s gender policy has close links to women entrepreneurs in the Kyrgyz Republic. Regional branches conduct consultations and training seminars for women entrepreneurs. Staff of the credit department for women entrepreneurs conduct on a daily basis consultations on “how to start a business”, provide information on issues of interest and lend practical assistance in drawing up business projects.

At the present time, providing credit is one of the mechanisms for equalizing the economic opportunities of women and providing real chances to improve their employment. In order to stimulate further the development of entrepreneurship in economically underdeveloped regions, the State Commission carried out a general reduction of interest rates on the use of credit, applying rates differentiated according to the Republic’s regions, accordingly, in Bishkek — 22 per cent yearly; the Chuy region — 22 per cent yearly; the Osh, Zhalal-Abad, and the Issyk-Kul regions — 20 per cent yearly; and the Naryn, Talas and Batken regions — 18 per cent yearly.

In the area of small and medium-sized businesses, the State Commission conducts a policy to provide active assistance for developing women’s business initiatives. An ever-growing number of women are beginning their own businesses. The State Commission is increasing the level of its support in terms of finances, credit and information to women who have decided to begin or continue their businesses.

In 2002, the State Commission and its regional branches financed 600 projects through an overall sum of 53,742,500 som, of which 214 projects received the overall sum of 18,186,960 som to support women entrepreneurs, amounting to 33.8 per cent of the overall credits provided by the Commission. Of those projects, 38 were financed at an overall level of 6,340,000 som in Bishkek, 34 at the level of 3,102,600 som in the Chuy region, 20 projects at the level of 2,165,000 som in the Osh region, 24 projects at the level of 1,082,400 som in the Zhalal-Abad region, 18 projects at the level of 1,950,000 som in the Issyk-Kul region, 51 projects at the level of 2,078,000 som in the Naryn region, 20 projects at the level of 1,094,000 som in the Talas region, and 9 projects at the level of 375,000 som in the Batken region.

There are a number of women entrepreneurs who have started and are successfully developing their businesses:

The director of Vin Lyuks LLC, I. G. Panaeva, initiated the production of wine and vodka; the director of the Ak-Zhalga joint-stock company, K. Zhumalieva, deals with the production of dairy products primarily oriented towards exporting to neighbouring countries; the director of Olimp LLC, E. Safonova, is the founder of one of the first polygraphic companies manufacturing on order accountant books, company forms, certificates, licences, receipts and other types of printed material; the private entrepreneur Z. Baigazieva organized a diversified mini-enterprise for the production of macaroni, cold drinks and so forth.

There are 145 applications in the State Commission’s computer database for an overall sum of 35,510,000 som, of which 54 applications for 11,380,000 som were submitted by women entrepreneurs.

The State Commission is aware of the importance of women entrepreneurs whose activities are linked to contributing to the development of the Republic’s economy and the creation of new jobs.

Information from the Ministry of Justice of the Kyrgyz Republic

The rights and opportunities of women are an important component of the National Programme “Human Rights for the Period 2002-2010”.

Protecting the health and improving the status of women are directly connected with protecting maternity and the health of children.

The absence of direct discrimination on the grounds of sex or ethnicity, the high educational level of women, their free political self-expression and high degree of participation in public life and material and technical progress may be cited as major achievements of the gender policy that is being conducted in the Republic.

The legislative rights and interests of women are protected under the Kyrgyz Republic’s Constitution, Labour Code, Marriage and Family Code, Civil Code, Penal Code and other national normative legal acts.

Furthermore, Kyrgyzstan acceded to the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child (adopted at the forty-fourth session of the General Assembly on 22 November 1989) and the ILO Convention concerning the Establishment of an International System for the Maintenance of Rights in Social Security. The Kyrgyz Republic ratified the following international conventions to eradicate discrimination against women: the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Political Rights of Women, the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, the Convention on the Nationality of Married Women, and the Convention on Maternity Protection.

Accordingly, the Republic has a normative legal basis which defines the rights and interests of women and does not run counter to international norms. Nevertheless, it cannot be said that women in Kyrgyzstan today enjoy equal rights with men. Women are today encountering such barriers to equality as increasing poverty and unemployment, a low level of social security, decreased participation in decision-making and the redistribution of property, and a high level of morbidity. In addition, women often are poorly informed about their rights, and there exist in society stereotypes and traditions that came about under the patriarchal system.

Furthermore, the legislative acts in effect in the Republic need to be improved in terms of expanding institutions and judicial and executive regulation.

Political rights and freedoms, unlike personal rights and freedoms, aim to ensure not the individual’s independence in society, but rather his active participation in the life of the country. These rights create conditions for strengthening the ties between individuals and society, and citizens and the State. Equal participation by men and women in the decision-making process guarantees a balance that accurately reflects the composition of society and is necessary for strengthening and promoting the proper functioning of a democracy.

In a modern society, equal participation by women in political life plays a decisive role in the general process of enhancing the status of women and can be considered an essential condition for taking account of the interests of women.

Women’s right to vote, above all, is part of the political rights and freedoms that women are implementing. The organs of State power and also local self-government bodies are formed through elections in Kyrgyzstan. The establishment of a new electoral procedure in the country affected the number of women parliamentarians, which was previously regulated through quotas by the Soviet Party leadership. In the highest echelons of power, women are still poorly represented. All this indicates that the formal equality of men and women set forth in the Constitution of the Kyrgyz Republic does not in reality guarantee the equality of their rights.

In legal terms, women’s labour is protected by many regulations and standards prohibiting the use of women’s labour at night, in production work with harmful working conditions and in difficult work. Nevertheless, many standards established under the law are in fact ignored and are not implemented.

Research data show that, when workers are laid off, the first candidates for dismissal are women who have children and are often forced to be absent from work when their children are sick. In a market economy, labour is becoming more intense and demands regarding the level of professionalism are growing.

It has become necessary to take effective measures in the area of improving the legislation of the Kyrgyz Republic and, first of all, in ensuring the social orientation of legislation and implementing and supplementing current legislation through new normative legal acts in order to consolidate in law the rights of women in various fields of life. Thus, for example, the following measures are being planned in the future:

–The adoption of a law on the rights regulating the basis of the legal status of women in the Kyrgyz Republic;

–The adoption of a State programme on family, women’s and children’s issues;

–The implementation of economic, socio-cultural, organizational and other measures to strengthen such social and legal institutions as the family, maternity, labour and the social protection of women;

–A review of criminal liability on the part of officials for sexual harassment of women who are subordinate in employment or on the job;

–Establishment of administrative liability for cruel treatment of children on the part of parents or other persons who are bringing them up, with provision for criminal liability for repeated violations of the rights of the child;

–Increased international cooperation in the prosecution and punishment of persons guilty of organizing the exploitation of women and children;

–Guaranteeing women equal protection under the legislation of the Kyrgyz Republic in the investigation of and legal proceedings for violent crimes against women, including rape in the family and sexual assault;

–Organizing international cooperation in combating all forms of trafficking in women and children, including for the purposes of sexual exploitation, pornography, prostitution and sex tourism;

–Provision of legal services to crime victims.

There is a need to ensure the implementation of existing anti-discrimination legislation in the Kyrgyz Republic with regard to employers in the State and private sectors who, when hiring, discriminate on the basis of gender, and to lay down measures establishing the liability of employers who commit such discrimination and ensure their implementation.

Women should be provided the opportunity, on an equal footing with men and without any discrimination, to represent the interests of the Government of the Kyrgyz Republic at the international level and to participate in the work of international organizations.

The implementation of women’s civil, cultural, political and social rights requires:

The collection by governmental and non-governmental organizations of information on human rights violations on the basis of gender,

Taking into account such violations in all forms of statistics,

Interaction and coordination of activities on the part of all human rights bodies and mechanisms in order to ensure the rights of women,

A comprehensive programme to educate women in the field of human rights.

The establishment and development of market relations in the Kyrgyz Republic and the development of non-state forms of ownership require an appropriate reform of family and marriage legislation as well. As a result of the rapid growth of private ownership, there is a need to develop the institution of the marriage contract in order to protect the property rights of spouses. The institutions of general joint ownership, responsibility for the obligations of spouses, and the duty of spouses regarding the mutual support and upbringing of children must be studied in greater depth.

It is obvious that provisions on the rights of children born in and out of wedlock and on recognition under Kyrgyz legislation of the consequences of so‑called civil marriage without its official registration must be laid down in the process of the Republic’s legislative reform.

In order to ensure the protection of the rights of women, it is necessary to:

–Draw up legislative acts ensuring the enhanced competitiveness on the labour market of men and women with family obligations, for example, to prepare a draft law on the system of training, retraining and advanced training and change specific norms of the Kyrgyz Labour Code in such a way as to enable employers to give women, with their consent, certain work obligations, norms which currently prohibit assigning them such obligations, and accordingly to amend and supplement other normative legal acts on labour questions;

–Draw up legislative acts ensuring personal security and preventing violence in the family (expanding the rights of victims in criminal legal proceedings, and draft a law on guarantees for the social protection of citizens who are the victims of criminal acts and are in a difficult life situation);

–Carry out a set of urgent measures to protect the health of pregnant women;

–Improve the mechanism for monitoring the implementation of laws when the civil rights of women (coercion to enter into early marriage) are violated;

–Develop women’s information networks and gender research;

–Promote the organization and support of women’s non-governmental organizations;

–Organize municipal and district centres for women’s initiatives;

–Set up women’s commissions in ministries, administrative departments, enterprises, institutions and towns;

–Develop and carry out a comprehensive social support programme for women students and student families; and create a support fund for girls from needy families in order to enable them to receive a primary, secondary and higher education;

–Develop and carry out programmes for overcoming traditional approaches and negative stereotypes, and train women to participate in the political process and election campaigns;

–Organize schools for women’s political leadership;

–Develop measures for preventing female crime;

–Organize work in the mass media to educate the public about human rights, emphasizing the rights of women in accordance with the provisions of United Nations conventions on providing information on the status of the family, women and young people, and on the tasks set forth in the State policy and progress in its implementation;

–Ensure media publicity in support of women’s entrepreneurship through the deliberate fostering of positive public opinion with regard to women who engage in business;

–Organize on television and radio a series of training seminars for women on developing entrepreneurial activities;

–Develop special television and radio programmes on sex and gender education.

Information from the Office of the General Procurator of the Kyrgyz Republic

In part I, section C, of the second periodic report of Kyrgyzstan on the implementation of the Covenant, dealing with the legislative and institutional safeguarding of human rights in the Kyrgyz Republic, it should be pointed out that, on 31 July 2002, the President of the Kyrgyz Republic signed the Act on the Ombudsman (Akykatchy) of the Kyrgyz Republic. The Act entered into force on 2 August 2002. A deputy in the Legislative Assembly of the Zhogorku Kenesh, Tursunbai Bakir uulu, was elected the first Ombudsman.

Information from the Department of Migration Services under the Ministry of Foreign Affairs of the Kyrgyz Republic

The Department of Migration Services participates in the Programme of Measures to Combat the Illegal Export of and Trafficking in Persons in the Kyrgyz Republic for 2002-2005, which was approved under Presidential Decree No. 94 of 21 April 2002.

In this connection, normative documents for protecting the rights of working migrants engaged in labour outside the Kyrgyz Republic were drawn up.

In accordance with Government decision No. 631 of 12 October 2001, the Department of Migration Services issues permits to juridical and physical persons that place citizens of the Republic in jobs outside its territory. The right to engage in such activities conferred by the competent State body of the receiving side is a mandatory requirement for obtaining such permits.

In 2002, eight agencies were registered which received permits to place citizens in jobs outside the Republic, namely Turkey (Sleng LLC), Cyprus (Karsuruf LLC, Gulaz LLC), the Republic of Korea (Peniel LLC, Abdai Travel LLC and Kapriche LLC), the Russian Federation and Lebanon.

Over this period, 334 persons, 44 per cent of whom are women (146), were placed in jobs through these agencies.

For the most part, girls were recruited for work in the service field and show business. Information on the illegal export of or trafficking in women was not received.

Information from the National Statistical Committee of the Kyrgyz Republic

The National Statistical Committee prepared a compendium of gender-disaggregated statistics on “women and men in the Kyrgyz Republic”, which provides indicators reflecting the situation of women and men in all areas of the social and political life of society in 2002.

Information from the Secretariat of the National Council on Women, Family and Gender Development reporting to the President of the Kyrgyz Republic

A presidential decree on the further improvement of the framework policy for recruiting women leaders for the State administration of the Kyrgyz Republic was issued on 27 August 2002.

The law on the bases for State guarantees to safeguard gender equality was adopted under Presidential Decree No. 60 of 12 March 2003.

The law on social and legal protection against violence in the family was adopted under Presidential Decree No. 62 of 25 March 2003.