KYRGYZSTAN: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Kyrgyzstan - 8th Session - 2010
3rd May, 10am to 1pm

Scroll to:

National Report
Compilation of UN information
Summary of Stakeholder compilation
Accepted and Rejected Recommendations

National Report

43. The Constitution provides for the responsibility of society as a whole for caring for families and children, and it specifies that responsibility for children and their education is the natural right and civil duty of parents and that the State must ensure the support, instruction and education of orphans and children whose parents have lost custody. Child labour is prohibited, as is forced labour for adult citizens, except in the event of war, in the context of addressing the consequences of natural disasters, epidemics and other unusual circumstances, and in cases of enforcement of a court sentence.

44. The Constitution, the Children’s Code, the Family Code, the Civil Code and other normative legal provisions regulate the protection of children’s rights.

45. The State provides for additional benefits for orphans, children whose parents have lost custody, child refugees and displaced persons. In conformity with the law, children with disabilities are entitled to a monthly allowance, financial compensation and a variety of hospital services.

46. The Government has ratified the “New Generation” programme on the implementation of children’s rights for the period until 2010 and the 2009–2011 inter- agency action plan for the reform of the child protection system and the promotion of social services for the population.

47. The Government has adopted the 2008–2011 national programme of action of the social partners for the eradication of the worst forms of child labour as part of its obligations under International Labour Organization (ILO) Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. A resource centre that helps street children find employment was opened in 2009 with the support of the United Nations Development Programme (UNDP).

48. The Government ensures that children are provided with a variety of social services. As of 1 January 2009, 439,900 children benefited from State aid. Of that number, 20,842 children with a disability, 11,550 children who had lost one parent and 308 children who had lost both parents received welfare benefits.

49. Kyrgyzstan has nine State orphanages, 68 conventional boarding schools, 20 schools for children with disabilities, four children’s homes, three homes for children with disabilities, three boarding schools for orphans and children whose parents have lost custody and 19 non-State family-type children’s homes.

50. The Ministry of Internal Affairs has appointed special operatives to prevent and combat juvenile crime, and the post of school inspector for juvenile matters has been created in secondary schools.

51. A protocol was signed in 2008 on mutual understanding and cooperation between the Ministry of Justice, the Supreme Court, the Department for the Protection of Children of the Ministry of Labour, Employment and Migration, and the United Nations Children’s Fund (UNICEF) on questions of juvenile justice. A bill on the regulation of juvenile justice is currently being elaborated.

52. The Government is improving the institutional mechanism for the protection of the rights and interests of children. Starting in 2008, children’s affairs commissions and family and child protection offices have been reconstituted and are now functioning at regional and local level.

53. In order to make prisons more humane and to run them in accordance with recommendations under international standards, and given the need for a differentiated approach to the personality of prisoners and for an improvement in the social and legal protection of women and minors, a programme is under way to reform the prison system in Kyrgyzstan by 2010.

54. The Constitution guarantees the right of citizens to work, to make use of their occupational abilities and to choose a profession or trade. They are entitled to labour protection and to working conditions consistent with the requirements of safety and hygiene, and they have the right to remuneration not less than the legally established minimum wage, to the legal minimum of social protection and to State assistance to improve occupational qualifications; the use of child labour is prohibited.

79. The Constitution provides that every Kyrgyz citizen has the right to education. General basic education is compulsory and free, and everyone has the right to education in State and municipal schools. The State establishes the conditions for all citizens to receive preschool and basic education and to learn the State language and two foreign languages. Every citizen may choose between schooling that is either free of charge or on a paying basis.

80. The Education Act, the Preschool Education Act and the Elementary Vocational Education Act define basic policy principles in the area of preschool education and child development and the legal, organizational and financial foundations of the country’s preschool educational system.

81. Budgetary expenditure for supporting and developing the educational system grew perceptibly over the period 2001–2008. Its share of GDP increased 1.5 times over that period and accounted for six per cent of GDP in 2008. Vocational education provides training for occupations in demand on the labour market. There are 110 educational establishments, including 103 secondary schools, one college and six secondary schools in prisons.

101. A number of laws have been enacted in Kyrgyzstan to implement the provisions of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air.

UN Compilation

4. In 2007, CRC noted with appreciation the adoption in 2006 of the Code of  Children,15 UNICEF pointed out that the Children’s Code sets out a broad legal framework  for a decentralized system of child protection and services. Kyrgyzstan’s commitment to  children’s rights was underpinned, inter alia, through the adoption of the Code on Breast Milk Substitutes and the Law on Mandatory Preschool.16

6. In 2004, CRC encouraged Kyrgyzstan to strengthen the role of the Office of the Ombudsman in accordance with the Paris Principles and empower the department of children’s rights to deal with complaints from children.18 The UNCT noted that two independent experts recommended that it resume the provision of technical assistance to the Ombudsman Institution.19 The UNCT noted that a draft law identifies the Ombudsman as the national preventive mechanism under OP-CAT20

16. In 2004, CRC expressed concern that societal discrimination persists against vulnerable groups of children and recommended a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.42 The UNCT highlighted that several United Nations agencies linked discrimination against persons living with HIV and existing misconceptions about HIV/AIDS-related issues to the poor quality of educational and awareness-raising programmes.43

17. CRC was deeply concerned about child victims of crimes covered by OP-CRC-SC and recommended that Kyrgyzstan ensure that child victims of exploitation and abuse are neither criminalized nor penalized and that all possible measures be taken to avoid the stigmatization and social marginalization of these children.44

26. In 2007, CRC expressed concern that the prohibition of the sale of children, child prostitution and child pornography had not been explicitly included in the national Criminal Code and/or the Code on Children. It urged Kyrgyzstan to implement OP-CRC-SC and to ensure that any suspicion of complicity by State officials is thoroughly investigated and adequately sanctioned, if proven.60

28. CRC recommended ensuring that street children were provided with adequate nutrition, clothing, housing, health care and educational opportunities, and ensure that they are provided with recovery, and services for reconciliation with their families.63

32. In 2004, CRC was concerned that Kyrgyzstan had not yet established specific procedures and courts to deal separately with juvenile offenders under the justice system. It was concerned that juveniles, in particular girls, are being detained with adults.68 The UNCT referred to indications that while 90 per cent of offences attributed to 14-17 year old children involve petty robbery, more than 60 per cent of sentences results in imprisonment.69 It also referred to reports indicating that arrested minors are usually denied lawyers, often held without parental notification, questioned without parents or lawyers and often were intimidated into signing confessions.70 CRC encouraged Kyrgyzstan, as a matter of priority, to expedite its work on reform of the system of juvenile justice.71

35. UNICEF noted that the residential institutions remain the main means of protecting children left without parental care.76 The UNCT noted that according to the National Statistics Committee in 2007, there were 20,750 children living in residential institutions.77 UNICEF indicated that policies on deinstitutionalization need to be developed, reintegration of children with their biological or extended families and transformation of large residential institutions into centres where alternative care services and social support to families are provided.78

47. UNICEF noted that while poverty is declining, it is still very high and that 35 per cent of the population lived below the national poverty line and that about six per cent lived in extreme poverty in 2007.99 According to the UNCT, 43.3 per cent of children live in poverty, while 7.7 per cent live in extreme poverty (data from 2007). Families residing in rural and mountainous areas run almost twice and higher the risk of living in extreme poverty.100 In 2007, CRC recommended that further attention be given to the implementation of the poverty reduction programme.101

49. CRC expressed concern at the inhumane treatment of children in psychiatric hospitals and recommended that Kyrgyzstan ensure the highest attainable standard of health for all children106, as also highlighted, in a specific communication, by the Special Rapporteur on the question of torture and the Special Rapporteur on Education.107 The UNCT expressed serious concerns about conditions in psychiatric hospitals, including the lack of State financing to provide basic needs such as food, water, clothing, heating and health care. Involuntary placement of people into mental facilities, physical abuse and deprivation of sufficient nourishment were also highlighted as areas of concern.108

52. UNICEF indicated that approximately 50,000 children, representing 4 per cent of school-age children are out of school.112 CRC recommended that Kyrgyzstan continue to strengthen measures aimed at increasing enrolment rates in primary and secondary education, tackle high dropout rates, and establish special educational programmes to accommodate the needs of working children, street children, migrants with no formal residence permits and children deprived of their liberty.113

64. CRC recommended that Kyrgyzstan seek assistance from different United Nations entities in relation to demining and demarcation of the border areas;134 safe drinking water and increased access to sanitation;135 educational system;136 street children;137 juvenile justice 138 and the “New Generation” programme for children’s rights.139

Stakeholder Compilation

15. JS1 noted that, in some ethnic minority communities and among ethnic Kyrgyz in rural areas, gender-selective abortion is practised, as male children are valued more than female children.26

19. JS5 noted that domestic violence is under-reported because of a culture of silence and the failure of officials and society to acknowledge its gravity.36 JS1 expressed concerns that women perceived violence from their spouses as their destiny and put up with the situation.37 The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted a UNICEF study that 38per cent of girls and women aged 15-49 believed that a husband or partner was justified in hitting or beating his wife under certain circumstances.38

23. GIEACPC noted that corporal punishment of children was lawful in the home, in schools and in the penal system.46 Corporal punishment was unlawful in residential institutions, but there was no explicit prohibition of corporal punishment in foster care and other alternative care settings.47 GIEACPC recommended the urgent introduction of legislation prohibiting all corporal punishment of children in the family home and all other settings.48

30. JS2 noted that the majority of juvenile offenders were sentenced to jail upon reaching the age of 14.64 JS2 recommended setting out alternative forms of punishment to the deprivation of liberty for juvenile offenders in the national legislation.65

33. JS2 noted that there was no effective and transparent management system of institutions for orphans and homeless children in Kyrgyzstan, and no private child adoption institutions.69 JS2 further noted that the living conditions and treatment of children in state institutions did not comply with national legal standards: children suffered from malnutrition since there were insufficient funds for their food or it was spent inefficiently. There was also an acute lack of hygienic items, clothes and shoes.70

34. According to JS2, the existing burdensome provisions on registration prevent people who change their place of residence within the country from exercising their social rights. JS2 stated that it is impossible to receive pensions and social benefits and use social and health services outside the area where people are registered. It is also difficult for children to be enrolled in school. According to JS2, citizens changing their place of residence in the country are obliged to get temporary registration.71

57. JS2 noted that school curricula and textbooks did not reflect the cultural diversity of society113, and recommended the development of ethnic and religious tolerance by including the cultural diversity of Kyrgyzstan in educational programmes.114

Accepted and rejected recommendations

The following recommendations were accepted by Kyrgyzstan:

76. A - 6. That the ongoing constitutional reform should provide for the comprehensive promotion and protection of all human rights, with particular emphasis on the rights of women and children (Egypt) ;

A - 20. Establish a national preventive mechanism that will constitutionally guarantee the rights of all people, particularly the rights of minorities (Tajikistan) ;

A - 24. Establish a national preventive mechanism that would constitutionally/institutionally guarantee the rights of all people, particularly the rights of minorities (China);

A - 25. Establish a national preventive mechanism that will constitutionally guarantee the rights of all people, particularly the rights of minorities (Afghanistan);

A - 26. Place emphasis on the rights of women and children in its policies and programmes (Tajikistan) ;

A - 30. Continue its reform of the system to protect children and enhance the social services for its population through the "New Generation" programme (Kuwait);

A - 31. Strengthen its policy for the full guarantee of the rights of the child, with attention to implementing the Guidelines for the Alternative Care of Children, according to resolution 11/7 of the Human Rights Council and 64/142 of the General Assembly (Brazil);

A - 35. Activate the New Generation programme with regard to children's rights and initiate cooperation with UNICEF and other relevant international human rights organizations (Libyan Arab Jamahiriya);

A - 36. Continue to place emphasis on the rights of women and children in its policies and programmes (Pakistan);

A - 37. Place emphasis on the rights of women and children in its policies and programmes (Afghanistan);

A - 39. Strengthen policies for the protection of the rights and interests of children (Angola);

A - 46. Give special regard to women and children and enhance their enjoyment of human rights and fundamental freedoms (Jordan);

A - 51. Fight against torture, in particular torture against minors (Italy);

A - 56. Ensure the full legal protection of the freedom of children from physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including corporal punishment in any setting, and take further practical measures to stem the occurrence of violence against children (Sweden);

A - 59. Further improve measures to address the problems related to gender issues, including violence against women, through, inter alia, the establishment of effective coordination and the strengthening of an enforcement and judicial system for the greater protection of women and girls (Malaysia );

A - 63. Address the situation of children living or working on the street and juvenile offenders; intensify measures to criminalize and sanction cases involving the sale of children, child prostitution and child pornography; and initiate reforms of the juvenile justice system in line with international standards (Uruguay);

A - 64. Continue making efforts to take effective measures for the promotion and protection of women's and children's rights, including improvements with regard to the issues of bride-kidnapping, domestic violence, child abuse and the sale of children (Japan);

A - 69. Establish a juvenile judiciary (Afghanistan);

A - 75. Consider increasing the minimum age of marriage for girls (Jordan);

A - 76. Raise the minimum age for marriage and establish a juvenile judiciary (Egypt);

A - 100. Implement urgently the provisions enshrined in the ILO Worst Forms of Child Labour Convention, with special emphasis on articles 1 and 6 (Hungary);

A - 101. Eliminate the practice of requiring boys and girls to work in the educational institutions where they are enrolled (Spain);

A - 102. Further protect children's rights; in particular, fully implement the prohibition of child labour and adopt legislation providing for responsibility for the use of child labour (Lithuania);

A - 103. Adopt and implement necessary measures, including its national programme of action of the social partners for the eradication of the worst forms of child labour, with a view to eliminating this phenomenon (Slovakia);

A - 105. Ensure that measures are in place to fight and eradicate child labour (Denmark);

A - 106. Fight poverty and provide high-quality education and health care for sustainable development (Kazakhstan);

A - 112. Continue its efforts aimed at the development of policies and programmes for poverty alleviation and eradication, with special emphasis on vulnerable groups, including people with disabilities and women and children, and mainstream a gender perspective into all relevant policies and programmes being developed (Armenia);

A - 115. Focus on the development of an efficient education system for all throughout the country (Iran);

A - 121. That inclusive and longer-term measures be taken with respect to linguistic policy, education and participation in decision-making for minorities (Norway);

A - 126. Strengthen cooperation with the international community and organizations including the United Nations in building capacity and technical cooperation in crucial areas such as poverty eradication , increase access to sanitation, education, combating drug abuse and illegal drug trafficking (Malaysia);

No recommendations were rejected by Kyrgyzstan

The following recommendations are pending by Kyrgyzstan:

77. P - 35. Undertake the corresponding measures to improve the birth registry system as recommended by the Committee on the Rights of the Child (Uruguay);

P - 36. In regard to freedom of movement, make more flexible the requirements for those people who change their place of residence within the country so that they have equitable access to social security, health care, education and pensions (Mexico);

Web: 
http:// www.crin.org/resources/infoDetail.asp?ID=22015&flag=report

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.