List of issues and questions in relation to the fourth periodic report of Kyrgyzstan *

General

1.Please provide more details about the preparation of the fourth periodic report (CEDAW/C/KGZ/4), including whether the report was adopted by the Government and presented to the parliament, and the involvement therein of non-governmental organizations, in particular women’s organizations, in addition to other key actors, such as the Office of the Ombudsperson.

2.Please provide information on measures taken, including public awareness-raising campaigns, to ensure that women in the State party are aware of their rights under the Convention. Please also provide information on whether the Convention has been invoked in cases brought before the courts and on the number and outcome of cases of discrimination against women. Please provide updated information on the process by which the Supreme Court was working to introduce the practice of judicial decisions based on international treaties (para. 207) and indicate whether education for law students and training for judges, prosecutors and lawyers is provided on the Convention and the Optional Protocol thereto.

Constitutional, legislative and institutional framework

3.Please provide more details on the key features of the National Strategy for the Achievement of Gender Equality by 2020 and the National Action Plan for Gender Equality for 2012-2014, in addition to updated information on the development of monitoring indicators, the results achieved and the budget allocated to the planned measures (para. 31).

4.Reference is made to Government Decision No. 526, which stipulates that government bodies must conduct a specialized assessment of bills, including from a gender perspective (para. 19). The State party acknowledges, however, that the implementation of gender-based assessments has been hampered by insufficient capacity in the relevant government bodies and the absence of regular reports and monitoring mechanisms (para. 21). Please indicate the steps that have been taken with a view to building the capacity of the relevant government bodies and to further refining the mechanisms for legal analysis from a gender perspective.

National machinery for the advancement of women

5.It is indicated that, in the wake of structural changes in the Government, responsibility for gender policy was transferred to the Ministry of Youth, Labour and Employment, which has in turn established a gender policy department (para. 29). Reference is also made to the National Council on Gender Development (para. 30). Please provide detailed information on the changes made to the institutions responsible for promoting the advancement of women and on the mandates of and the human and financial resources allocated to the National Council and the department.

Temporary special measures

6.Please provide clear information on the temporary special measures established by law and their implementation. It is acknowledged that, the introduction of special measures notwithstanding, the generally uneven representation of men and women at the decision-making level has not changed, for such reasons as the persistence of stereotypes concerning the place of women in society and the fact that mechanisms in place to monitor the measures have proved weak (paras. 46-47). Please elaborate on the measures envisaged by the Government to strengthen those mechanisms.

Stereotypes and harmful practices

7.The persistence of gender stereotypes in the State party, including in the education sector, is acknowledged. In addition to the information supplied in paragraph 52, please provide more detailed information on measures taken to eliminate gender-based stereotypes.

Violence against women

8.It is indicated that Act No. 136 of 25 July 2012 amending the Administrative Liability Code was aimed at increasing the effectiveness of measures to prevent domestic violence through the introduction of stiffer penalties, whereby such offences are punishable not only by fines, but also by administrative detention of up to five days (para. 18). Please explain the distinction between offences that are subject to administrative penalties and those that are subject to criminal penalties under the current applicable legislation and provide statistical data on the number of cases brought under each category. Please indicate how violence against women is defined in the Social and Legal Protection against Domestic Violence Act adopted in 2003 (or by law) and provide a clear definition of the persons covered by the law. Please also indicate the range of circumstances justifying the use of restraining orders and provide updated figures on the number of shelters, both those run by the State and those run by non-governmental organizations, currently available to victims of domestic violence in all regions.

9.Please provide information on measures taken to strengthen and further develop training programmes tailored for judges, police officers and other law enforcement officials on violence against women, its causes and consequences; improve access to justice and effective remedies, including through the provision of legal assistance to victims of sex- and gender-based violence; and strengthen the capacity of service providers working with survivors of violence at the national and local levels.

10.Please provide updated information on the development of a national action plan on the implementation of Security Council resolution 1325 (2000) on the role of women in promoting peace and security and follow-up resolutions (para. 34).

11.It is indicated that, although action plans have been drawn up, measures to combat violence against women have largely remained on paper because funding for them has not been forthcoming under the State budget (para. 72). Please provide information on the steps that have been taken to ensure the allocation of adequate resources within the government budget for the implementation of the various initiatives and plans of action listed in the report.

Trafficking in women and exploitation of prostitution

12.Please provide comprehensive disaggregated data on the patterns and dynamics of trafficking in the State, including on the existing and envisaged mechanisms, both legal and social, to combat internal trafficking and sexual exploitation of women and girls, as well as to better monitor the situation of migrant women and identify and prevent trafficking and exploitative situations. Please provide detailed information on the implementation of the National Action Plan for 2008-2011 on Combating Human Trafficking, including in relation to budget allocations for related activities.

Participation in political and public life

13.Please provide information on specific measures taken, not only to achieve but also to maintain (or exceed), the target of 30 per cent representation of women among parliamentary deputies and to ensure the effectiveness and expected results of other quota systems in place, including at the local level, with a view to ensuring the effective participation of women in political and public life.

Education

14.Please provide information on measures taken to ensure that all girls, including those belonging to minorities, have equal access to free, compulsory and high-quality education. Please indicate what measures are envisaged to fill the gap in the collection of statistics on the number of girls who fail to complete their schooling and the underlying causes, paying specific attention to the highest dropout rate (that of girls living in rural areas).

Employment

15.Please provide information on any steps taken to give full legislative effect to the principle of equal pay for work of equal value in order to ensure full compliance with the provisions of article 11 of the Convention and to reduce the persistent gap between the wages of men and women. Please provide detailed information on specific legislation prohibiting sexual harassment in the workplace. Please also provide detailed information in relation to measures taken to support and protect the high number of women who are employed in the informal sector without guaranteed pay and social security.

Health

16.It is indicated that maternal mortality remains at a worryingly high level, although it is declining (para. 136). It is also indicated that contraceptive coverage in the country stands at 30.1 per cent and that the decline in the use of contraceptives is affected not least by the growing influence of religion in the population (para. 144). Please provide information on the impact of the measures taken to increase awareness among women and girls about the availability of contraceptives. Please indicate whether any study has been conducted to determine whether there is a link between early and unwanted pregnancy and abortion and early marriage. Please provide detailed information about the introduction and improvement of existing initiatives on age-appropriate, gender-sensitive, sexual and reproductive health education in schools and vocational education.

Rural women and older women

17.The State party acknowledges the many challenges faced by women in rural areas, including in the fields of education, political participation and access to health care. Please provide information on measures taken to increase the participation of rural women in political and public life, enhance their access to justice, provide them with protection, support and assistance when they are subjected to gender-based violence and ensure their access to health-care services, employment and land ownership and management, in addition to economic opportunities. Please also provide information on the situation of older women, including on their access to health and social services and to protection against violence, and indicate any programmes and strategies formulated to meet their specific needs.

Marriage, family relations and bride kidnapping

18.Please provide detailed updated information about the measures taken by the Government and the Office of the Ombudsperson referred to in the report, such as the setting up of a telephone helpline, and measures aimed at raising awareness among all sectors of the population about bride kidnapping, early/child marriage, polygamy and unregistered marriage. Please provide detailed information on measures taken to tackle the prevalence of bride kidnapping. Please indicate what measures have been taken to increase the rate of cases brought to prosecution (only a single conviction during the reporting period) and the effective implementation of the existing legislation. Please also describe the measures taken to record and investigate those cases and prosecute the perpetrators, in addition to indicating the efforts made to improve knowledge of the law, address persisting stereotypes and ensure victims’ equal access to justice.

19.Please provide updated information in relation to the proposed amendments aimed at stiffening the penalties for offences under articles 129 (on rape) and 153 (on bigamy and polygamy) of the Criminal Code and at removing the discriminatory provisions of articles 154 and 155 that affect article 123 (on kidnapping), which would put the offence of abducting women for the purpose of coercing them into marriage on an equal footing with that of kidnapping. Please elaborate on information provided that there continue to be many unregistered marriages.

Statelessness

20.Please provide detailed information on steps taken by the Government to improve the national asylum system and to address the phenomenon of statelessness. Please indicate whether the State party is planning to ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Amendment to article 20 (1) of the Convention

21.Please indicate what progress has been made towards the acceptance of the amendment to article 20 (1) of the Convention concerning the meeting time of the Committee.