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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Scroll to: ______________________________________________________________________________ Special Rapporteur on Adequate Housing Country visit: 6 September to 13 September 2010 Government laws/initiatives: Kazakhstan has enacted a number of legislative and regulatory acts on housing issues. The Housing Relations Act (Law No. 94 of 16 April 1997) is the main statutory instrument in the field of housing. Other relevant laws include: (a) The Housing Construction (Equity Participation) Act (Law No. 180 of 7 July 2006), which aims to safeguard the rights of shareholders by increasing the responsibilities of private developers in the area of equity participation in housing construction; (b) The Private Housing Construction Act (Law No. 213 of 3 November 1994), which aims to encourage the construction of residential dwellings by providing land plots to individual developers and to enhance engineering-communication infrastructure in the districts of housing development; (c) The Housing Construction (Savings in the Republic of Kazakhstan) Act (Law No. 110 of 7 December 2000), which establishes a system of mortgage-based housing at preferential rates to facilitate access to affordable housing for individuals and households belonging to priority categories of citizens (for example, young families with children). (Paragraph 26) Only nationals may purchase housing or have access to social housing or housing benefits. According to article 67 of the Housing Relations Act, public housing or privately owned housing leased by the local authorities are to be provided to the following categories of households in need of housing: (a) Persons with disabilities and participants in the Great Patriotic War (war veterans); (b) Persons belonging to low-income and socially protected groups of the population, such as retired persons, orphans or children left without parental care, and large or single-parent families; (c) Some categories of public officials, such as Government employees and military personnel. (Paragraph 27) The programme identifies the priority target groups below: (a) Young families with children, in which both spouses have not reached the age of 29 years; (b) Single-parent families, in which the divorced or widowed parent raising the children is under the age of 29 years; (c) Civil servants; (d) Certain categories of State employees who do not fall within the category of civil servants (e.g., employees of State enterprises). (Paragraph 34) The Special Rapporteur welcomes the legislative and policy measures taken by the State to strengthen the implementation of the right to adequate housing at the national level, including: (a) The State housing construction programme for 2008-2010; (b) The national human rights plan of action for 2009-2012, which contains a number of recommendations to improve the protection of the housing rights of individuals belonging to vulnerable groups, such as persons with disabilities and returnees; (c) The amendments to the Housing Relations Act, which recognize, in compliance with the recommendation of the Committee on the Rights of the Child,7 the right of children without parental care to have access to social housing; (d) The system of housing loans, which aims at access to home ownership for middle-income young families with children and certain categories of civil servants; (e) The elaboration of a draft programme of loans for housing construction, aimed at facilitating access to affordable housing for persons not belonging to the priority target groups identified by the existing legislation on housing loans; (f) Measures to provide rental accommodation at affordable price to low-income households in need of housing; (g) Measures aimed at facilitating access to land and adequate housing for returnees. (Paragraph 52) One of the most controversial measures taken by the Government is the decision to provide shareholders with no more than one apartment within the housing complex, regardless of the number of apartments purchased, in order to ensure that all those who invested in shared construction receive at least one dwelling for themselves and their families. The legality of this measure, which has the aim of guaranteeing the stability of the mortgage market and protecting the rights of shareholders in housing constructions, was upheld by the Esilskiy District Court of Astana (decision No. 2-947/10 of 5 May 2010). However, most shareholders invested in more than one apartment in order to provide adequate accommodation to other family members (elderly parents, children getting married and relatives from the countryside). The Special Rapporteur heard many testimonies from people who had been adversely affected by this decision. (Paragraph 76) The Special Rapporteur recommends that Kazakhstan review and streamline its legislation and policies on housing in order to ensure their consistency with international human rights norms and standards on adequate housing. Kazakhstan should also review its approach centred solely on the market and mortgage-based home-ownership (a factor contributing to the real-estate crisis), and develop a comprehensive national housing policy. Such a policy should envisage different measures, inter alia, rental schemes and the upgrade of informal settlements to address the needs of different strata of society, including the most vulnerable groups, such as low-income households, large families, single mothers with young children, persons with disabilities, the elderly, internal migrant workers, returnees (oralman), refugees and asylum-seekers. (Paragraph 93) Demolition of homes: The Special Rapporteur is extremely concerned about the high rate of demolition of informal settlements and forced evictions carried out without prior notification, any form of judicial control or review, or the provision of adequate compensation or alternative accommodation. During the mission, she received reports and saw documentary evidence of demolitions conducted by public officials using force, in some cases during winter when the temperature was well below zero. She was dismayed to hear that a great number of vulnerable individuals, including pregnant women, children and persons with disabilities, had been made homeless as a result of such demolitions. (Paragraph 74) ______________________________________________________________________________ Independent Expert on Minority Issues Country visit: 6 July to 15 July 2009 Identification documents: The independent expert sought information about small minorities on the extreme margins of society. The Roma and Luli (or Lyuli) are generally described as nomadic and with livelihoods relying on informal trading, music, scavenging and begging. They may be de-facto stateless persons and are not represented in the Assembly of the People or other State institutions. Little information is available regarding their access to health care, education, housing and the effects of poverty. Members of these minorities often lack identification documents required to secure services; women and children may be particularly vulnerable. According to the Government, in January 2008, there were 5,153 Roma in Kazakhstan, and measures were being introduced to prevent acts of discrimination against them, while no complaints or representations from the Roma had been recorded. Roma representatives registered the collective association Tsygan (gypsy), which works to promote the culture and traditions of Roma people. (Paragraph 41) Groups, including Roma and Luli (or Lyuli), were generally described as nomadic or itinerant and with livelihoods solely in the informal sector. Such groups are not represented in the Assembly of the People or other State institutions. They often lack identification documents required to secure services and may be vulnerable with regard to access to health care, education, housing and the effects of extreme poverty. Women and children belonging to these groups may be particularly at risk. The Government is urged to constructively engage with such communities in order to assess their needs and address discrimination against them. Sustainable solutions should be developed to improve access to their rights. (Paragraph 92) Education: Article 9, paragraph 3, of the Law on Education also establishes the right to education in one's native language. The Government highlights general secondary education in pupils' native languages or teaching native languages as subjects; however, it also acknowledges difficulties in the organisation of multicultural education arising from the complicated mosaic of ethnic cultures. A total of 65 schools have Uzbek as the language of instruction and 75 schools have mixed languages of instruction allowing 79,426 to be enrolled in Uzbek-language education. There are 14 Uighur and 50 mixed language schools in the Almaty region, enabling 14,955 students to be enrolled in Uighur-language education. Two Tajik schools and 10 mixed language schools teach 3,503 students in Tajik in the South Kazakhstan region. Fifteen native languages are studied as separate subjects in 126 general education schools; 76 general education schools provide optional language subjects or "study circles" in languages including German, Korean, Tartar, Polish and Ukrainian. (Paragraph 43) The Government points out that the right to study native languages is realized by involving cultural associations in the implementation of the State's language policy. A total of 79 Sunday schools established by national and cultural unions for children and adults receive support from the Ministry of Education and regional budgets for the teaching of native languages, including German, Korean, Hebrew, Tartar and Polish. Three "national revival" schools have also been established. There are plans for Sunday schools to provide courses in Kazakh. Members of over 80 nationalities are enrolled in institutes of higher education. At the Abaya National Teacher Training University, courses are taught in Uighur, Turkish, Azerbaijani, Korean, Chinese and German. (Paragraph 44) Spokespersons of minority communities expressed concern that greater attention and resources should be given to developing and maintaining the system of minority schools. A decline in teaching standards, even with respect to the teaching of Kazakh and Russian languages in minority schools, and a shortage of adequately qualified teaching staff are increasingly problematic. Parents often regard minority schools as inferior educational alternatives that impede their children's competitiveness for university entrance and employment. This has resulted in a marked decline in students attending minority schools. (Paragraph 48) A meeting for minority women revealed their desire for equality of access to education and education outcomes to be improved for girls from minority communities. They noted that, especially in traditional rural communities, greater priority was given to the education of boys. Traditional gender roles were more likely to be preserved, thus restricting the opportunities for girls to pursue education. The Government notes that in December 2009 the Law on Equal Rights and Equal Opportunities for Women and Men was adopted with the aim of preventing discrimination on the grounds of sex. (Paragraph 50) Inequality of access to university for minority students was a common concern. University education is provided in Kazakh and Russian only, and the national testing system for high school students — the university entrance examination — is not available in minority languages. Consequently, minority students must first pass a graduation exam and then sit additional university entrance exams in Russian or Kazakh, which some struggle to pass owing to their poor language proficiency. Although an alternative "dissertation channel" exists for university entrance, minority representatives stated their desire for a long-term solution that ensures that language issues and difficulties faced by minority students are more thoroughly taken into account in the mainstream testing process. (Paragraph 51) While welcoming the provision and support of minority language schools, the independent expert requests the Government to take action to ensure the highest quality in non-Russian language schools, including minority language schools and Kazakh schools; guarantee adequate funding and resources, particularly for schools using languages of smaller ethnic groups; ensure sufficient provision of minority language textbooks; ensure that all textbooks include appropriate consideration of the cultures, traditions and history of minorities and their contributions to Kazakh society; and ensure equality of access to university education for students from all groups. The Government is commended for supporting the provision of informal structures, such as Sunday schools, where circumstances do not allow for the provision of permanent, full-time minority schools. Most important is that all schools prepare all groups for full inclusion in every aspect of society. Particular measures should be taken to ensure that minority girls do not face barriers to equality in access to education and equal education outcomes. (Paragraph 87) Rape: In October 2007, in the village of Mayatas, the rape of a 4-year-old Kazakh boy was blamed on a Kurdish man. The suspect was detained by police, however, a group of Kazakhs reportedly attacked the home of his family and the neighbouring Kurdish community. A series of riots, attacks against Kurdish individuals and families and widespread damage to Kurdish property in the region, including with firebombs, reportedly led many Kurds to flee the village. Some have described growing anti-Kurdish attitudes, particularly in the media. (Paragraph 68) ______________________________________________________________________________ Special Rapporteur on Torture Country visit: 5 May to 13 May 2009 Threats against children: The Special Rapporteur received a number of allegations of threats against women accused of crimes, targeting in particular, their children. He received reports about women suspected or accused of drug-related crimes, and foreign women who are subjected to beatings and other forms of violence, including hooding and electroshock by law enforcement agents. Within the penitentiary system, he received credible allegations of corporal punishment against women. Since there are fewer colonies for women, they tend to be cut off from their families and friends even more than male prisoners. (Paragraph 38) Many of the detainees interviewed by the Special Rapporteur indicated that they had been threatened with further charges, longer imprisonment and, in some cases, sexual violence by fellow inmates in order to make them withdraw complaints or sign declarations that they did not have any complaints or statements that they had sustained injuries while resisting arrest. He also learned that, in certain cases, threats are made against family members of the detainee, for example they will be arrested or that the friends of the child will be informed. Such behaviour, besides going counter to international standards, renders any complaints system meaningless and should be addressed in a determined manner. (Paragraph 59) Juvenile justice: Article 10 of Law 345-II on Child Rights of 8 August 2002 enunciates a child's right to life, personal liberty and integrity of the dignity and personal life, and sets out the State's obligation to protect children from physical and/or mental violence, cruel, rough or humiliating treatment, sexual abuse and so on. Violence against children is, however, severely under-researched, in particular in the private sphere, and no effective mechanisms for combating it seem to be in place. While the above-mentioned draft law on domestic violence might address some of these concerns, it contains shortcomings, such as the omission of a reporting obligation for health professionals. (Paragraph 39) According to article 15 of the criminal code, criminal responsibility for serious crimes is applicable as of 14 years of age; for other crimes, as of 16. Article 491 of the criminal procedure code provides that the detention of juveniles may be ordered in exceptional cases only, when a grave crime or felony is committed, and may not exceed six months. Articles 71.2 and 79 and chapter 52 of the code describe safeguards applicable to the various stages of criminal procedure of juveniles, such as limits on the duration of interrogations, the presence of a legal guardian, and the right to remain silent. However, the Special Rapporteur learned that many of the safeguards were respected only formally and that beatings of minors by the police with fists and police truncheons upon apprehension were common, mostly before detention was formally recorded. During that time children were often handcuffed to radiators for several hours, sometimes for entire nights. (Paragraph 40) The Special Rapporteur is encouraged to learn that, on 18 August 2008, the President approved a "juvenile justice system development concept" which, with reference to the Beijing Rules, foresees the creation, in the period 2009–2011, of a juvenile justice system and, among others, provides for specialised juvenile courts, a juvenile police, specialised legal aid, a specialised service for supervising non-custodial sentences, better coordination mechanisms and the integration of socio-psychological services into the juvenile justice system. He hopes that such a comprehensive approach will significantly improve access to justice for juveniles in practice and eliminate torture and ill-treatment of children. (Paragraph 41) The Special Rapporteur recommends that the appropriate bodies take the following measures: (a) Explicitly prohibit by law corporal punishment of children in all settings (b) Raise the age of criminal responsibility and establish a juvenile justice system that puts the best interests of the child at its core, and abolish the use of temporary isolators for minors; (c) Seek technical assistance and other cooperation from the United Nations Interagency Panel on Juvenile Justice, which includes the United Nations Office on Drugs and Crime, the United Nations Children's Fund, OHCHR and non- governmental organisations, to implement these reforms. (Paragraph 84) Children in detention: The Special Rapporteur visited an educational colony in Almaty (LA-155/6), the physical conditions of which seemed to be good (taking into account the extensive preparations made before the visit). The children attended school and leisure activities, and had no major complaints regarding the food or health care. The Special Rapporteur did, however, receive allegations of corporal punishment of minors in the colony, notably of severe, regular beatings with fists and truncheons by guards. The Special Rapporteur is also very concerned about the extensive restrictions on family visits (the norm was three two- day visits and three short-term visits a year). Such restrictive policies in relation to minors are definitely in contravention of the key requirement that their best interest should be placed at the centre of all measures taken by the State. (Paragraph 42) The Special Rapporteur also inspected a centre for temporary isolation, adaptation and rehabilitation in Karaganda. These institutions, under the responsibility of the Ministry of the Interior are designed to carry out a variety of tasks, including detaining children younger than 16 years of age suspected of having committed minor offences, housing children who have lost their parents or legal guardians, or have been picked up in the streets.4 Placement of child suspects may be ordered by the Commission on Minors, an administrative body composed of representatives of the police, the department of education, the department of health, local government and civil society. The Special Rapporteur regrets that the children had been intimidated and instructed on what they should say during his visit. He is concerned that, in the centre, there were children aged from 3 to 18 years of age held together. Most children are shaved upon arrival. In addition, they seemed not to be allowed much outdoor exercise and, although there was a garden around the centre, they only used a small indoor courtyard, and no toys were provided. The Special Rapporteur was very concerned at reliable claims that staff routinely subjected the children to corporal punishment if they did not obey orders. Reports indicate that educators regularly hit the children on the head with a bunch of keys or a thin wooden chair plate and punched the upper part of their bodies. Also the fact that children can be confined to the centres for 30 days (plus three weeks in the case of an outbreak of disease) on the basis of a prosecutorial decision is not in compliance with international standards. Although there appear to be some internal inspections and some centre officials in other towns appear to have been sanctioned for using force against the children they guard, the Special Rapporteur deplores the lack of transparency of such proceedings and of all independent monitoring. (Paragraph 43) Corporal punishment: With regard to violence against women, the Special Rapporteur is concerned about the inadequate prevention and protection afforded by the State to victims of domestic violence and about the lack of awareness of this problem. Children are extremely vulnerable to corporal punishment and need strengthened protection. (Paragraph 78) ______________________________________________________________________________ Special Rapporteur on Independence of Judges and Lawyers Country visit: 11 June to 17 June 2004 Trafficking: Criminalisation of violence against and trafficking of women and girls. Kazakhstan is a party to CEDAW and UNIFEM is actively working with the National Commission on Family Issues to ensure a gender-neutral legislation that upholds the principles of gender-equality. In May 2003, Parliament approved amendments to the Criminal Code to specify punishments for trafficking in human beings, especially women. The Minister of Interior started to implement a special national programme on combating violence against women into the police system at the district level. At the time of the visit, the Ministry was to table in Parliament a bill on domestic violence. It appears that this issue was never taken seriously by the police and the judiciary and local human rights institutions and organizations were thus hopeful that this legal development would generate positive changes. (Paragraph 21) Access to the courts: In principle equal access is guaranteed by law. Yet, no statistical information was offered regarding effective access to the courts by groups such as the disabled, minorities, women and children. (Paragraph 29) The Government should do all in its power to guarantee access by all, in particular in rural areas. It should organize campaigns aimed at increasing public awareness and confidence, including among organisations representing groups such as children, women, minorities and the disabled, that the legal system upholds the rule of law and can provide redress and remedies. (Paragraph 87) Juvenile justice: In addition, 16 Economic Courts (one by oblast, including Almaty and Astana) are at a level equivalent to that of the Rayon Courts and deal with commercial disputes. Also, Military Courts functioning at the oblast and rayon levels address cases concerning the military and its personnel. Finally, Kazakhstan is trying to establish a number of specialised courts: (iv) Administrative tribunals have been established in Almaty and Astana on an experimental basis to address issues relating to fines; (v) A specialised system of juvenile justice will be established in Almaty and the Almaty region with eventual implementation nationwide. In the meantime, certain judges specialise in juvenile matters at the Rayon and Oblast Courts. (Paragraph 9) The Government should quickly move forward with its plan to introduce legal reforms in order to establish a separate juvenile justice system and, at the same time, pursue its work with UNICEF to develop a national child right's code. The Ministry of Justice should further introduce sentencing reforms to provide juveniles with the benefit of alternative sentences so that imprisonment is not applicable in cases of a minor nature and is not necessarily the rule in more serious cases. This would minimize the number of children entering the criminal system. (Paragraph 89)
Please note that the language may have been edited in places for the purpose of clarity.
Raquel Rolnik
(A/HRC/16/42/Add.3 )
Report published: 19 January 2011
Gay McDougall
(A/HRC/13/23/Add.1 )
Report published: 1 February 2010
Manfred Nowak
(A/HRC/13/39/Add.3 )
Report published: 16 December 2009
Leandro Despouy
(E/CN.4/2005/60/Add.2 )
Report published: 11 January 2005