Committee on the Rights of the Child

Sixty-sixth session

26 May–13 June 2014

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the combined third and fourth periodic reports of Kyrgyzstan

The State party is requested to submit in writing additional, updated information, if possible before 1 March 2014.

The Committee may take up all aspects of children’s rights contained in the Convention during the dialogue with the State party.

Part I

In this section, the State party is requested to submit its responses to the following questions (30 pages maximum).

Please inform the Committee whether the national courts have invoked the rights contained in the Convention, either as a ground for a case or as interpretative guidance for legal norms.

Please inform the Committee whether the New Generation State Programme for the Implementation of Children’s Rights 2001–2010 and the Action Plan on the Child Protection System Reform 2009–2011have been implemented, and if so, what the outcomes were. Please also inform the Committee whether a new policy or strategy on children’s rights has been adopted since 2011.

Please inform the Committee whether the State party’s budgeting process specifies budget allocations to children in the relevant sectors and agencies, including indicators and a tracking system. Please also provide information on whether there are targeted budget allocations for children in care institutions, children with disabilities, Lyuli children, children of migrants and children who do not possess residence registration.

Please provide information on laws adopted and mechanisms put in place by the State party to provide protection from discrimination against children in marginalized and disadvantaged situations, such as children belonging to minority groups, Lyuli children, children in care institutions, children with disabilities, girl children in rural areas, children of migrant workers, children who do not possess residence registration, children belonging to the lesbian, gay, bisexual and transgender (LGTB) group and children of incarcerated parents.

Please inform the Committee on the measures taken to prevent all forms of violence and ill-treatment of children in detention centres, schools and care institutions as well as on the mechanisms and procedures for filing a complaint in such cases. Please also provide information on how often such mechanisms have been used and what the outcomes were.

In light of the information that children can only appeal to authorities through their parents or other legal representatives, please inform the Committee about the procedures for filing a complaint when the violence is committed by the legal representative himself or herself, and about the mechanisms for immediately removing a child from a dangerous situation or environment.

Please provide information on the measures taken to prevent institutionalization of children and to provide children without parental care with family-based alternative care such as foster care.

Please inform the Committee about the measures taken to address the lack of nutrition and medical services and poor living conditions in care institutions. Please also inform the Committee about the complaint mechanisms for children in care institutions.

Please provide information on the implementation of legal guarantees for children living in care institutions, or institutions for children in conflict with the law, to retain the right to a living space where they had lived before or to be provided with another living (dwelling) space.

Please inform the Committee about the procedures and criteria for adoption and provide information on the number of children adopted from care institutions.

Please clarify the procedures for the placement of children with disabilities in care institutions. Please also provide information on access by children with disabilities to primary, secondary and higher education, as well as on any measures taken by the State party to promote inclusive education. In light of the information about the large number of deaths of children with disabilities in care institutions, please inform the Committee whether there has been any investigation into the causes of such high mortality.

Please indicate the measures taken to provide adolescents with access to information on sexual and reproductive health.

Please inform the Committee on the measures taken to combat corruption in educational establishments, especially in primary schools that reportedly charge extra fees for enrolment and school maintenance.

Please provide information on the legal guarantees established to protect children from the worst forms of child labour and on their implementation.

Please provide information on the procedures for placing children in the Centre for Adaptation and Rehabilitation of Juveniles and the Belovodsky Special Boarding School, where children are reportedly kept in “prison-like” conditions, and on whether the children have access to complaint mechanisms. Please also inform the Committee whether any steps have been taken to provide alternative measures to prevent children from entering the formal justice system.

Please inform the Committee on the steps taken by the State party to provide child victims and witnesses with special protection measures.

Please provide information on the measures taken to investigate cases of involvement of children during the armed conflict in June 2010, and on the recommendations contained in the Committee’s concluding observations on the State party’s initial report under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/KGZ/CO/1), in particular in relation to extraterritorial jurisdiction and the arms trade. Please also provide information on military education for children.

In follow-up to the Committee’s concluding observations on the State party’s initial report under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/KGZ/CO/1), please provide information on the measures taken to implement the Committee’s recommendations, especially with regard to amending legislation to incorporate article 3 of the Optional Protocol and establishing extraterritorial jurisdiction over the offences under the Optional Protocol.

Part II

In this section, the State party is requested to briefly (three pages maximum) update the information presented in its report with regard to:

(a)New bills or laws, and their respective regulations;

(b)New institutions (and their mandates) or institutional reforms;

(c)Recently introduced policies, programmes and action plans, and their scope and financing; and

(d)Recent ratifications of human rights instruments.

Part III

Data, statistics and other information, if available

Please provide data, disaggregated by age, sex, socioeconomic background, ethnic origin and geographical location, for 2011, 2012 and 2013 on the number of:

Cases of torture and ill-treatment of children, especially in detention, care institutions and schools, as well as prosecutions of perpetrators and sentences handed down in the State party;

Investigations into the death of children during the June 2010 events, including prosecutions of and penalties for perpetrators, as well as redress and compensation for the families of victims;

Children working in the informal sector and children in street situations;

Dropout and absenteeism from primary, secondary and high school, especially among girl children in rural areas;

Classes available in the Uzbek language for children whose mother tongue is Uzbek;

Children in detention facilities and penitentiary institutions, including those in pretrial detention;

Children in the Centre for Adaptation and Rehabilitation of Juveniles and Belovodsky Special Boarding School.

Please provide data, disaggregated by age, sex, socioeconomic background, ethnic origin and geographical location, on the situation of children deprived of a family environment and separated from their parents, for 2011, 2012 and 2013, regarding the number of children:

(a)Separated from their parents;

(b)Placed in institutions;

(c)Placed with foster families;

(d)Adopted;

(e)In street situations.

Please specify the number of children with disabilities, disaggregated by age, sex, type of disability, ethnic origin and geographical location, for 2011, 2012 and 2013, regarding children:

(a)Living with their families;

(b)In institutions, including mental health institutions;

(c)Attending regular primary schools;

(d)Attending regular secondary schools;

(e)Attending special schools;

(f)Out of school;

(g)With disabilities who have been abandoned;

(h)Who have died in care institutions.

4.Please provide the Committee with an update on any data on issues of priority concern in the report which may have been outdated by more recent data collected or other new developments.