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Kazakhstan – Twentieth session - 2014
30 October 2014 - 9.00 a.m. - 12.30 p.m.
National Report
Compilation of UN information
Stakeholder Information
Accepted and rejected recommendations
III. International cooperation
Recommendations 95.8, 95.97, 95.98, 95.99, 97.6
13. Cooperative work is being done with United Nations agencies and other international organizations active in the field of human rights, in particular with the Office of the United Nations High Commissioner for Human Rights and its regional office in Central Asia, the United Nations Office in Astana, the United Nations Children’s Fund (UNICEF) and other agencies [...].
Protection against violence and other cruel or degrading treatment
34. A national telephone hotline for children and adolescents (dial 150) is now fully operational. From 2009 to 2013, the hotline received more than 600,000 calls, including more than 18,000 on violations of human rights.
35. In 2010, a supplementary penalty in the form of deprivation of the right to hold certain posts or engage in certain activities was incorporated in the Criminal Code for teachers or other persons who have educational responsibilities under the law and who commit violent crimes against minors.
36. In 2011, Criminal Code was amended to stiffen the penalty for causing injury to a person known to be a minor.
37. In 2012, amendments were made to the Labour Code to prohibit organizations and agencies that carry out activities involving minors in the field of education, recreation and rehabilitation, physical culture and sports, medical support, social services, culture and the arts from entering into a labour contract with persons who have been convicted of committing crimes against minors (murder, intentional infliction of bodily harm, violation of sexual integrity).
56. The Penalties Enforcement Code provides a mechanism for the protection of the rights of convicted persons through institutional, prosecutorial and public oversight.
57. A new Code of Criminal Procedure has been adopted. It provides for the introduction of the new post of judicial investigator, who will handle decisions on a number of procedural and investigative actions, as well as on preventive detention and house arrest and referral of minors to specialized institutions.
Combating human trafficking
Recommendations 95.49–95.52, 95.63, 97.8
92. In 2013, 346 criminal cases were brought to court, of which 11 were on abduction of a person for the purpose of exploitation, 8 were on unlawful deprivation of liberty for the purpose of exploitation, 33 were on trafficking in human being, 17 were on inciting a minor into prostitution, 24 were on trafficking in minors, 40 were on drawing persons into prostitution and 213 were on organizing or maintaining premises for prostitution and procurement.
98. Under the Act of 4 July 2013 to amend certain legislative acts on combating trafficking in human beings, amendments relating to violations of the labour legislation, the involvement of minors in prostitution and trafficking in minors were made to articles 128, 132-1, 133, 138, 138-1, 270 and 271. Changes have been made to the Code of Criminal Procedure and the Code of Administrative Offences concerning the violation by law enforcement officers of their obligation to notify the appropriate authorities when persons report to them newly sustained injuries, illegal abortions, illnesses or the deliberate provision of premises for prostitution or procurement.
99. Amendments have been made to article 26 of the Labour Code to prohibit the employment in education and child development of persons convicted of the following crimes against minors: murder, intentional infliction of bodily harm, violation of sexual integrity and trafficking-related offences.
100. A law on amendments to certain legislative acts on the protection of the rights of the child was adopted on 23 November 2010. The right of the child to protection from economic exploitation is laid down in this law.
Women’s rights
Recommendations 95.35–95.37, 95.78, 95.79
128. From 2005 to 2012, a steady reduction in family violence was achieved. The number of such offences over that period fell by more than half, from 1,610 to 780; murders were reduced by half, from 578 to 285.
Children’s rights
Recommendations 95.9, 95.21, 95.26-95.28, 95.38, 95.39, 95.40,
95.81
133. The placement of orphans and children left without parental care in family-type settings is being actively pursued in Kazakhstan.
134. Kazakh citizens are being strongly encouraged to become guardians and foster parents. Children with foster parents or guardians number 23,803.
135. In 2011, the State began paying a subsidy of 10 times the monthly calculation coefficient for the maintenance of each child in order to assist their guardians and caregivers. From 2011 to 2013, the national budget provided funding of approximately 12 billion tenge for that purpose. In 2013, 1,035,751,000 tenge was allocated from local budgets for foster parenting.
136. The question of introducing the post of ombudsman for the rights of the child was addressed in 2011 by the Human Rights Commissioner, in its role as national human rights institution, in conjunction with the relevant government agencies. On this matter, the Human Rights Commissioner has received proposals from the Procurator-General’s Office, the Ministry of Education and Science and the Ministry of Foreign Affairs. On the whole, all the central government authorities support the establishment of this institution.
137. In a joint effort with UNICEF, multidisciplinary teams of medical workers and psychologists from Kazakhstan and other countries were formed with a view to reducing negative attitudes to HIV-positive children and their families and eliminating social tension. In every population centre where such children are found, the teams gave talks for pupils, parents and teachers in schools and kindergartens and appeared in the media to speak about a tolerant attitude towards the affected children.
138. An interdepartmental work plan for agencies in the fields of education, labour and social protection, health, law enforcement, justice, culture and prosecution is being implemented in order to eliminate the worst forms of child labour and carrying out the ILO Worst Forms of Child Labour Convention, 1999 (No. 182).
139. Joint efforts, spot checks and household visits are being carried out to identify abandoned children and street children who are not in school and to uncover instances of child labour; these include “Children in the night” (quarterly) and “Twelve days of action against child labour”, a national information campaign (1–12 June).
140. In 2013, the national public information campaign held more than 2,000 events involving more than 1,200,000 minors and over 200,000 adults.
141. Discrimination on the basis of sex, as well as against children with disabilities and children born out of wedlock, is prohibited in Kazakhstan. The Committee for the Protection of Children’s Rights and the Commission on Human Rights of Kazakhstan have received no complaints of discrimination against children born out of wedlock.
142. Work is under way to implement the strategy for gender equality in the Republic of Kazakhstan, 2006–2016, which was approved pursuant to Presidential Decree No. 1677 of 29 November 2005 and which is aimed at ensuring equal rights and opportunities for all members of society, irrespective of gender.
143. In the 2012/13 academic year, more than 50 per cent of the total number of pupils in the country’s general education schools were girls. Girls are increasingly active in school life; many of them now lead organizations of children and young people and have been winners in sporting competitions, academic olympiads and cultural events.
144. In 2010, the Republic of Kazakhstan ratified the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.
145. In 2012, it ratified the Hague Convention on the Civil Aspects of International Child Abduction.
146. In accordance with Presidential Decree No. 266 of 4 February 2012, specialized juvenile courts have been set up in all provincial capitals, including two in the provinces of Almaty and East Kazakhstan. The establishment of these courts was facilitated by the successful functioning, since 2007, of such courts in the cities of Astana and Almaty. Presidential Decree No. 785 of 4 April 2014 set up, in Karaganda province, a specialized court for trying cases involving minors, for the purpose of supplementing the expertise of the existing juvenile justice courts.
147. A law on amendments to certain legislative acts for the prevention of domestic violence was adopted in 2014. This law increases the penalties for crimes in the area of family relations, including for crimes committed against minors. It also made amendments to the legislation on the rights of the child and on education with respect to the protection of the rights of children in difficult circumstances.
148. A new Criminal Code, Code of Criminal Procedure, Criminal Penalties Enforcement Code and Code of Administrative Offences, in which criminal and administrative liability for crimes and offences committed against children are strengthened, have been adopted in Kazakhstan.
149. Parliament is now considering bills on the protection of children against information harmful to their health and development and on amendments to certain legislative acts concerning protection of children from information harmful to their health and development. These bills reinforce legal guarantees for safe use of the Internet by children, establishing conditions and procedures for the dissemination of Internet content to children and imposing on legal and natural persons the obligation to ensure the Internet safety of children.
Rights of ethnic minorities
Recommendations 95.22, 95.71, 95.74, 95.90, 95.91, 97.9
54. Members of ethnic minorities are given the opportunity to study in their native language. One of the fundamental tenets for Kazakhstan, the right of ethnic groups to study in their native language, is being implemented in the country’s educational institutions.
155. The following schools were open in the country in the 2013/14 school year:
Fifty seven in which the language of instruction was Uzbek (60 in 2012);
Fourteen in which the language of instruction was Uighur (14 in 2012);
Two in which the language of instruction was Tajik (2 in 2012).
156. There were 91 mixed language schools with classes conducted in Uzbek (79 in 2012), 48 with classes in Uighur (49 in 2012) and 9 with classes in Tajik (10 in 2012).
157. Taking into account the interests of children and the density of minority populations, additional classes for study in the languages of ethnic minorities are opened up where necessary.
The judicial system
Recommendations 95.10, 95.14, 95.37, 95.46, 95.63
162. In addition to district courts, specialized interdistrict economic courts, specialized interdistrict administrative courts, military courts and specialized interdistrict juvenile justice courts are now in place and fully operational.
163. With a view to training juvenile justice experts, the Supreme Court, in conjunction with the Institute of Justice of the Academy of Public Administration attached to the Office of the President, has developed a special programme and thematic plan for the training of judges who specialize in hearing cases involving minors.
177. In September 2012, a bill was introduced in Parliament on amendments to certain legislative acts on improving juvenile justice. The bill’s objectives are introducing a system for monitoring the situation of adolescents and children; ensuring that any legal action involving minors is fair; exposing children to the best possible living conditions; and reintegrating minors after their sentences have been served.
Health care
Recommendations 95.29, 95.39, 95.40, 95.84
189. In accordance with consolidated data on the implementation of the State Programme for the Development of Health Care for 2011-2015, “Salamatty Qazaqstan”, the maternal mortality rate in Kazakhstan was 12.6 per 100,000 live births in 2013 (13.5 per 100,000 in 2012). The infant mortality rate has declined by 17 per cent, to 11.2 per 1,000 live births compared to 13.48.
Right to social security
Recommendations 95.2, 95.80, 95.82, 95.83, 95.86, 95.93, 97.1
200. Of the 1,900 recipients of special State benefits in 2013, a total of 400 were residents of children’s homes, orphans and children left without parental care.
202. Among the priorities of the Programme, its architects have identified job placement for people under 29 years of age, including those in children’s homes and orphans, and for the disadvantaged, persons with disabilities and repatriates. It should be noted that persons forming part of target population groups (including persons with disabilities) were also included in this list of those covered by the Programme.
208. On 10 January 2014, a law on amendments to certain legislative acts on social security issues was adopted; it has introduced subsidies, with effect from 1 January 2014, for the compulsory pension contributions made by working women on leave for childbirth and care of children up to the age of 1 year.
Right to education
Recommendations 95.84, 95.101
218. According to data from the United Nations Educational, Scientific and Cultural Organization for 2011, Kazakhstan ranks fourth out of 129 countries on the Education for All Development Index. Over the past 15 years, expenditure allocated to education grew by a factor of 9.5 A State programme for the development of education through 2020, aimed at a major overhaul of education at all levels, from preschool to higher education, is being carried out.
219. There are 8,764 preschool institutions, 7,626 general education institutions and 849 technical schools. The educational system employs about 500,000 teachers and specialists to provide instruction to some 5 million, including refugee children, migrant children and children with special needs.
220. The introduction of a 12-year secondary education model is under way.
221. As a result of the “Balapan” programme, in 2010, 35 kindergartens were built, 1,534 mini preschool centres were founded and 137 private kindergartens were established. Children’s enrolment in preschool institutions increased from 30 to 55 per cent.
Human rights education
Recommendations 95.87–95.89, 95.96
224. In order to provide each child with the necessary level of political and legal knowledge, a subject entitiled “The individual, society and rights” is taught in grades 9 to 11 for a total of 34 hours. From grades 7 to 9, under the “Knowing oneself” programme, the subject of “The individual and society” is taught.
Protection of persons with special needs
Recommendations 95.1, 95.3–95.5, 95.11, 95.12, 95.85
229. The development of inclusive education is a constant concern of the Government of Kazakhstan. In conjunction with local executive authorities, a set of measures aimed at improving the quality of life of children with special needs is being carried out. These measures are provided for in the State programme for the development of education, 2011−2020, in the strategic plans of the Ministry of Education and Science and in the draft framework policy on social development in Kazakhstan through the year 2030. In the past three years, the matter has been discussed at meetings of an interdepartmental commission of the Government, with the participation of NGOs. The problem was also addressed at a meeting of a consultative and deliberative council of NGOs set up under the Ministry of Education and Science (April 2013). One of the seven areas in which the council of NGOs is working is in developing a system of social services for children with special needs and improving legislation on State social policy with due regard for the interests of children.
230. Under the State programme for the development of education, 2011−2020, the proportion of schools capable of providing inclusive education must reach the target of 70 per cent of the total number of general education schools by 2020.
V. Challenges for the future
240. The main strategic document is the Kazakhstan 2050 Strategy: A New Political Direction for Existing Governance, which identifies the challenges ahead in respect of gender equality, maternal and child protection, the family and marriage, migration, protection against sexual slavery, the right of citizens to judicial protection, modernizing and strengthening the judicial system and enhancing the authority of the judiciary and its credibility before society.
B.Right to life, liberty and security of the person
16. CESCR was alarmed by the high level of violence against women and children. CEDAW was concerned about: the lack of legislation criminalizing all forms of violence against women, including stalking; the underreporting of domestic violence cases, and the lack of adequate State funding for crisis centres and shelters for the victims.
19. The HR Committee recommended that Kazakhstan put an end to corporal punishment in schools and institutions, and encourage non-violent forms of discipline as alternatives to corporal punishment in family settings.
20. In 2010, CESCR was concerned about the persistence of child labour, including by children of migrant workers on tobacco and cotton farms. In 2013, the Special Rapporteur on contemporary forms of slavery made a similar observation. During the 2014 follow-up visit, the Special Rapporteur on slavery noted that, despite the steps taken to increase protection for migrant tobacco workers, the risk of debt bondage and cases of hazardous child labour still persisted on some farms.
21. The ILO Committee of Experts on the Application of Conventions and Recommendations (ILO Committee of Experts) encouraged Kazakhstan to ensure the elimination of child labour on tobacco and cotton plantations. CESCR and the HR Committee made similar recommendations.
22. CEDAW remained concerned that Kazakhstan was a country of origin, transit and destination for trafficked women and girls and at the low reporting of trafficking crimes. The Special Rapporteur on slavery stated that the definition of trafficking in the Criminal Code needed to be revised in order to incorporate the definition of all the elements of the offence and all the means used by perpetrators, as set out in the Palermo Protocol. CEDAW recommended that Kazakhstan address the root causes of human trafficking and ensure the rehabilitation and social integration of the victims.
23. The Special Rapporteur on slavery stated that forced and bonded labour occurred in the tobacco, cotton and construction industry and that there were no services for victims of forced labour. She recommended that Kazakhstan revise the legislation to bring it into line with international standards. During the 2014 follow-up visit, the Special Rapporteur on slavery urged Kazakhstan to ensure that slavery, and slavery-like practices, including domestic servitude, forced labour, and forced early marriages are designated as crimes in the draft Criminal Code.
D. Right to privacy, marriage and family life
34. CEDAW was concerned that a considerable number of childbirths were not registered. It recommended that Kazakhstan ensure that poor and rural women are able to easily access birth registration services.
35. CEDAW recommended that Kazakhstan protect the rights of women upon dissolution of marriages that were solely based on religious ceremonies and customary traditions, regardless of their registration status.111 It urged Kazakhstan to combat child marriages and polygamy.
H Right to health
60. The HR Committee recommended that Kazakhstan adopt measures to help girls avoid unwanted pregnancies and recourse to illegal abortions. CESCR recommended that Kazakhstan provide a broad range of sexual and reproductive health-care services through its primary health-care system. In 2010, CESCR recommended that Kazakhstan include sexual and reproductive health education programmes in schools. In 2014, CEDAW made a similar recommendation.
I. Right to education
63. The Special Rapporteur on the right to education commended Kazakhstan for achieving almost universal enrolment at the primary and secondary levels of education. Noting the remaining challenges, he stated that Kazakhstan should invest more in education and ensure that investments focus on improving quality standards that are applied uniformly throughout the country. Priority must be granted to reaching groups traditionally excluded from education systems, such as children living in poverty, children with disabilities and children belonging to minorities.
64. CEDAW was concerned about the increasing number of girls who dropped out of school, partly owing to child marriages.
65. The Special Rapporteur on education recommended that Kazakhstan ensure inclusive education, providing all children, including migrant and refugee children, with access to education without any legal or administrative preconditions, such as the propiska. The ILO Committee of Experts made a similar recommendation.
J. Persons with disabilities
68. The Special Rapporteur on education stated that inclusive education had not been developed and that only one third of children with disabilities had access to teaching and development programmes. Children with disabilities were placed in special boarding schools away from home. Public schools did not have the necessary conditions or trained teaching staff to work with children with disabilities.
K. Minorities and indigenous peoples
70. CERD recommended that Kazakhstan increase access for children from ethnic minorities to instruction in, and study of, their mother tongue, and ensure improved access to higher education for students from all ethnic groups without discrimination. The Special Rapporteur on education made a similar recommendation.
L. Migrants, refugees and asylum seekers
74. The Special Rapporteur on slavery noted that irregular migrants and their children had no access to medical care unless they had an acute or life-threatening disease. With the introduction of individual identity numbers, undocumented workers and their families could only receive medical care in the event of an emergency.
75. CERD recommended that Kazakhstan ensure that migrant workers and their families enjoy equal access to education, health care and other essential public services, and prevent incidents of violence, extortion and trafficking against migrant workers and prosecute and punish the perpetrators of such acts.
80. CEDAW was concerned that there were still stateless persons facing difficulties in accessing education, health care and other services owing to a lack of identification documents and proof of residence. CERD recommended that Kazakhstan address statelessness and ensure that laws concerning acquisition of Kazakh nationality do not increase the number of stateless persons.
A. Background and framework
1. Scope of international obligations2
1. Human Right Watch (HRW) and the Joint Submission (JS) recommended that Kazakhstan ratify the Rome Statute of the International Criminal Court. Kazakhstan was recommended to ratify ICCPR-OP 24 and OP-CRC-IC, and complete, without delay, the ratification process of CRPD and OP-CRPD.
2. Right to life, liberty and security of the person
14. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) expressed hope that Kazakhstan would be recommended to explicitly prohibit corporal punishment in the home and all alternative and day care settings.
4. Right to privacy, marriage and family life
32. JS8 reported on the problem of early and forced marriages. It stated that legislation did not provide liability for forced marriages.
8. Right to health
64. JS5 reported on limited access to safe and reliable family planning methods for vulnerable groups, information related to sexual and reproductive health services, safe abortion, and comprehensive sexuality education for adolescents. It recommended that Kazakhstan: (a) ensure availability of safe abortion methods in public facilities, especially in rural areas, (b) provide contraceptives for free or at affordable costs to the most vulnerable population, at a minimum, and (c) introduce a mandatory comprehensive sexuality education curriculum in schools, accompanied by an awareness raising campaign for the general public.
9. Persons with disabilities
66. JS8 stated that persons with mental disabilities were held in large institutions. There was no mechanism for deinstitutionalisation. The provision of social services to the persons with disabilities was poorly developed. JS7 stated that the application of legislation regarding the establishment of day-care centres and the promotion of the family-based care for children with disabilities were hindered by the lack of professional competences and the necessary equipment at the regional level. Legislation encouraged the provision of social services for children with disabilities and their families by NGOs. However, NGOs often did not receive timely funding, which caused interruptions in the provision of services provided by them.
67. JS7 stated that inclusive education was introduced in the framework of the Program of Education Development for 2011-2020. However, children with disabilities had limited access to inclusive education because of existing barriers, including under-trained pedagogical staff, under-equipped schools, inadequate school standards and social hostility.
68. JS7 reported on negative public attitudes towards and discrimination against children with disabilities and their families, which frequently led to their social and economic exclusion. JS7 made a number of recommendations in this respect.
Accepted and rejected recommendations
The following recommendations were accepted Kazakhstan:
The following recommendations enjoy the support of Kazakhstan, which considers that they have already been implemented.
124.20 Effectively address the issue of child marriage by encouraging girls to continue their education beyond the secondary level, and establish laws which eliminate early forced marriages of children (Sierra Leone);
124.32 Ensure equal access to education for all children, including migrant and refugee children, by abolishing legal and administrative preconditions such as the propiska (Hungary);
125. The following recommendations enjoy the support of Kazakhstan, which considers that they are in the process of being implemented.
125.18 Establish an institutional mechanism for further strengthening the protection of children (India);
125.19 Establish a separate Office of the Ombudsman on the Rights of the Child (Russian Federation);
125.20 Continue its efforts to establish the office of the Ombudsman for the Rights of the child (Iran (Islamic Republic of));
125.21 Introduce the office of the Ombudsman for the rights of the child to effectively promote and protect the rights of the child (Morocco);
125.32 Continue intensifying the efforts on the protection of children’s rights and interests (China);
125.50 Strengthen further legislative and institutional mechanisms to combat all forms of exploitation and violation of women’s and children’s rights (Philippines);
125.51 Strengthen the comprehensive development of the judicial system concerning the juvenile courts (Kuwait);
125.52 Enact legislation criminalizing all forms of violence against women and girls (Portugal);
125.55 Strengthen information, cultural and educational work by reviving traditions of honouring the foundations of the family for the protection of motherhood, childhood and the family; for the elimination and prohibition of discrimination against children or vulnerable groups on the basis of gender and against children born out of wedlock; and for the prevention of the use of child labour and prevention of violence, including domestic violence (Tajikistan);
125.56 Ensure the effective implementation of the recently adopted rules regarding the types of visas for family reunification (Turkey);
125.57 Continue the Government’s efforts to ensure equal access to all citizens to employment, education and participation in the political process (Egypt);
125.58 Continue its efforts to ensure legal protection against abuse of women, children and the elderly in families (Latvia);
125.62 Maintain its efforts in the area of combating trafficking in persons, especially women and children, based on the relevant National Action Plan endorsed in 2012 (Egypt);
125.63 Further promote the fight against human trafficking through the specialized official authority (Lebanon);
125.64 Continue to offer rehabilitation and assistance to victims of trafficking through relevant local and international organizations (Lebanon);
125.65 Continue its efforts regarding the implementation of the national plan to combat human trafficking (Sudan);
125.66 Continue measures for combating human trafficking, including by broadening international, regional and bilateral cooperation (Uzbekistan);
125.67 Continue paying attention to the prevention and eradication of human trafficking (Belarus);
125.75 Put in place a system of comprehensive data collection on all forms of violence against women, and encourage reporting of all forms of violence against women and girls, including domestic and sexual violence (Liechtenstein);
125.78 Make efforts to maintain the process of introducing legal amendments to protect vulnerable members of society, including children, disabled persons and women, and ensure that the changes are enacted in practice, for example, through the greater representation of women in decision- making processes (Norway);
125.86 Enhance women’s access to sexual and reproductive health services and provide comprehensive education on sexuality, especially to female adolescents (Thailand);
125.88 Continue improving the level of education of the population and putting into practice, among other measures, the State Programme of Education Development up to 2020 (Cuba);
125.89 Continue its affirmative actions in the education sector by investing more in education (Bangladesh);
125.91 Take necessary steps to provide children with disabilities access to quality education (Iran (Islamic republic of));
125.92 Continue to develop facilities and improve social services for persons with disabilities, including those affected by mental illness (Thailand);
126. The following recommendations did not enjoy the support of Kazakhstan and would thus be noted:
126.1 Consider the possibility of acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) (Egypt);
126.2 Ratify ICRMW (Sierra Leone);
126.3 Consider ratifying ICRMW (Kyrgyzstan);
126.4 Consider becoming a party to ICRMW (Indonesia);
126.49 Improve the legal-regulatory framework to ensure the social rights of migrants, facilitate their integration in the labour market and their access to education, as well as ensure adequate attitude towards them in society by using the media (Tajikistan);
126.50 Ensure that migrants and their families enjoy equal access to education and health care (Bangladesh);