KYRGYZSTAN: Children's rights in the UN Special Procedures' Reports

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.

Please note that the language may have been edited in places for the purpose of clarity.

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      Report of the Special Representative of the Secretary General on the Situation of Human Rights Defenders
      Ms. Hina Jilani
      (E/CN.4/2002/106/Add.1)
      Country visit: 30 July - 4 August 2001 Report published: 12 March 2002

      Youth groups: It has been brought to the Special Representative's attention that a group of students from the American University in Bishkek who had formed an Amnesty International group applied for registration with the Ministry of Justice in September 1999. They were refused registration reportedly on the ground that an organisation with the word "Amnesty" in its name could not be registered as amnesty was a prerogative of the deputies of the parliament. Another objection was to the word "international" being used by an organisation seeking registration nationally. The term "prisoners of conscience" used in the objectives of the organisation was cited as a reason for denying registration on the ground that as Kyrgyz law did not allow discrimination because of political beliefs, there were no political prisoners in the country. (Paragraph 107)

      It was reported that the group was not allowed to take public action in their campaign against torture under an administrative order banning public demonstrations in Bishkek without prior permission and at specific locations fixed by the administration. Only registered bodies can apply for this permission. (Paragraph 108)

      It was reported that the American University in Bishkek offered a liberal environment for student activities for human rights. However, it was reported that other universities generally discouraged students from such activities. The Special Representative received reports that students from the Humanitarian University were warned against attending public meetings on democratic rights or fundamental freedoms. Students who had distributed material on freedom of expression were threatened with expulsion. The Youth Parliament, allegedly a pro-Government student union, called for a "social boycott" of students who indulged in any political activity. It is claimed that there is a tendency to term any activity for the protection of rights or to protest against violations of fundamental freedoms as political. These reports are at variance with the claim of the dean of the university that students enjoyed complete freedom. (Paragraph 109)

      However, it was encouraging to note that some of the institutions of higher education did allow students a degree of freedom to carry out activities for the promotion and protection of human rights. University students had initiated a project on human rights education in schools that had evoked interest among the students. The Special Representative was told that the Minister of Education supported this programme. (Paragraph 110)

      According to information received, a section of the press had disparaged and ridiculed the human rights activities of the Youth Human Rights Group (YHRG) based in Bishkek and those of other youth groups and the students' movement in general. The newspaper Vicherney Bishkek published an article in July 2001 accusing the YHRG of acting on the "orders" of foreign donors in carrying out their activities. One of the activities mentioned in this article was an event held by the YHRG and other organisations in connection with the all-European week against racism in March 1999. The other was signing a petition for public hearings in Felix Kulov's case. It is interesting to note that before December 2000 the same paper had been encouraging the activities of the YHRG and had published advertisements for their legal aid centre for children free of cost. The change in the paper's policy seemed to coincide with its change of management, allegedly under pressure from the Government. (Paragraph 111)

      Forced marriages: Although they play an important role in public affairs, a reassertion of traditional attitudes towards women has resulted in practices that violate women's human rights. The Special Representative has been told that the old practice of bride kidnapping has re-emerged recently and forced marriages of under-age girls have become more common. Authorities often ignore these incidents and existing legislation has seldom been implemented to deter such practices. Cultural traditions and social structures that lack sensitivity to women's rights seem to discourage victims from seeking redress for these violations. Trafficking of women for use in prostitution is a persistent problem. Absence of reliable information on trafficking and other instances of violence against women is a major factor in the lack of effective strategies to combat these problems. Complicity of State officials is indicated by a report that several police officials were charged with issuing passports to abet the trafficking of persons. (Paragraph 153)

      Independent monitoring: The Government has created bodies to advise it on human rights policies and laws. A Commission on Human Rights established by a presidential decree in 1997 acts as an advisory body to the President. A Parliamentary Committee on Human Rights and another on Education, Women, the Family and Youth work within the legislature. A State Commission on Family and Women and another on Minors have been appointed. While no specific mechanism exists for the protection of human rights defenders, a special unit within the Office of the General Procurator has been set up to investigate cases of human rights violations. It is a matter of concern to the Special Representative that the existence of this unit is not generally known, and none of the cases pertaining to the abuse of human rights defenders was investigated by this unit. One human rights organisation complained that the Office of the General Procurator does not release any information with regard to cases of violations investigated by it. A request by this organisation for information on the number of cases of violations committed by law enforcement and security services was turned down on the ground that this was official record which could not be released. (Paragraph 119)

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      Report of the Independent Expert on Structural Adjustment Policies and Foreign Debt
      Mr. Bernards Mudho
      (E/CN.4/2005/42/Add.1)
      Country visit: 7 June - 16 June 2004 Report published: 20 January 2005

      Environmental health concerns: For a long time, the community was not aware of the environmental and health threat [that arose out of radioactive and hazardous mining waste], and no serious assessment of the situation had been made by the Government. Through the Local Initiative Facility for Urban Environment (LIFE) supported by UNDP, the community became active in political life and organised themselves to improve their living with modest resources available. In cooperation with local authorities and the central Government, five most poor and needy families (e.g., many children, absence of breadwinners, invalids etc.) were identified and chosen for the pilot project under which the beneficiaries received poultry, small cattle and goats to raise and to be distributed to the next group of beneficiaries. This programme, based on the ancient Kyrgyz tradition of increasing distribution to poor people by a chain system, is an innovative approach in increasing community participation for local development. The community was also able to receive assistance from the Ministry of Emergencies and Civil Defence for roofing material to rehabilitate some of the houses and buildings. The independent expert encourages the local community in continuing its activities, including under the LIFE programme, and combining them with raising more human rights awareness of the residents as holders of rights and the authorities as duty-bearers. Government and international support should be mobilised to improve access of the community to health services and to have a comprehensive environmental and health impact assessment, for the fulfilment of their right to health and the right to access to information. (Paragraph 42)

      Education: Similarly to the right to health, the right to education is both a human right in itself and an indispensable means of realising other human rights. The Committee on Economic, Social and Cultural Rights stated, in its general comment No. 13 (1999):

      "As an empowerment right, education is the primary vehicle by which economically and socially marginalised adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Education has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth." (para. 1). (Paragraph 43)

      Accordingly, it is appropriate that the Government places access to quality education as one of the key NPRS priorities and promises expenditure increases for education in the MTBF. The Government has also elaborated on "An Education Development Concept until 2010", which defines main development priorities as enduring accessibility and quality of education. Based on this concept and the CDF, the Government has enacted various legislations and elaborated programmes and strategies that are aimed at improving access to good quality education, including the "New Generation" State Programme for the Realisation of Children's Rights in the period up to 2010 which was elaborated in 2001 as a follow-up to the concluding observations of the Committee on the Rights of the Child on Kyrgyzstan's initial report (CRC/C/15/Add.127). (Paragraph 44)

      Both the Committee on Economic, Social and Cultural Rights and the Special Rapporteur on the right to education define the interrelated and essential features that education in all its forms and at all levels shall exhibit as: (a) availability - functioning educational institutions and programmes should be available in sufficient quantity; (b) accessibility - educational institutions and programmes have to be accessible to everyone without discrimination, both in terms of physical accessibility and economic accessibility (affordability); (c) acceptability - the form and substance of education, including curricula and teaching methods, have to be acceptable (e.g., relevant, culturally appropriate and of good quality) to students and, in appropriate cases, to parents; and (d) adaptability - education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings. The independent expert would limit his observations on the first two elements of the right to education - availability and accessibility. (Paragraph 45)

      In terms of availability of education services, similarly to the situation of health services, the education sector in Kyrgyzstan is characterised by a relatively well developed infrastructure and quality as positive features inherited from the Soviet legacy. However, the decline in public expenditure as a result of transition has over the past decade, led to a serious deterioration in the quality of education in all but a few well-endowed urban schools represented by depleted stocks of textbooks and other educational materials, underpaid teachers and physical deterioration of schools. (Paragraph 46)

      In terms of accessibility without discrimination, the Constitution and other enactments provide that every minor has the right to free education in State general education establishments and that full-cycle general secondary education is compulsory and free, as described in Kyrgyzstan's second periodic report (CRC/C/104/Add.4, paras. 256-258). In reality however, increasing reliance on formal and informal payments and contributions from parents to supplement the State budget to meet essential school needs has led to a rise in inequality, both in terms of access and quality. Children of poor families, particularly in rural areas where the majority of them live, face de facto discrimination in the sense that there are large differences in schooling conditions and educational outcomes among oblasts and between urban and rural schools. It is reported that many rural schools are dilapidated, often unheated in the winter and lack sanitation and drinking water facilities. (Paragraph 47)

      The independent expert is encouraged by the intention of the Government to substantially increase education expenditures in the coming MTBF period. He ventures to suggest that in executing the NPRS in education and other sectors, the government programmes would benefit from further integration of human rights. This essentially requires that the realisation of all human rights should be an explicit objective of the government and donor-supported programmes and that its implementation at all stages should be guided by human rights principles such as non-discrimination, equality and participation. Paying close attention to human rights dimensions often helps to reveal underlying causes of development challenges that require stronger political will and to find innovative solutions that could be implemented by making the maximum use of available resources. For example, a pioneering work supported by UNICEF has demonstrated the potential of community participation in education to improve both access and quality. As a result of refurbishment of 36 schools by community members in Naryn province, some 11,000 children in this deprived mountainous province now have access to better quality education. The community mobilisation generated by this initiative led to the active participation of parents in a community-based education management information system for monitoring school enrolment, attendance and education quality. As a result, 46 village education groups and 5 district resource groups are now active in Naryn province. (Paragraph 49)

      UNICEF reported that: "Evaluations of the community-based education management information system have shown that capacity-building for service providers has to be matched by mobilisation of families, young people and communities to demand and claim entitlements. The mobilisation of local authorities, communities and families to use community resources to protect and realise children's rights to education proved to be effective in reaching the unreached and facilitating the provision of quality schooling and social protection services." (Paragraph 50)

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      Report of the Special Rapporteur on Independence of Judges and Lawyers
      Leandro Despouy
      (E/CN.4/2006/52/Add.3)
      Country visit: 18 September - 24 September 2005 Report published: 30 December 2005

      Juvenile justice: There is no separate system of juvenile justice. According to article 218, paragraph 3, of the Criminal Procedural Code, the right to independent legal counsel cannot be waived in the case of a suspect who is a minor. Juveniles are detained in pretrial detention for long periods and often receive harsh sentences. There is also no system of alternative penalties for juveniles, who can be kept in the same detention facilities together with adults. There is also concern about the lack of vocational training and rehabilitation programmes for imprisoned juveniles. Administrative proceedings related to minors are a further important problem. Commissions on minors' affairs set up within the local administration serve as administrative bodies to consider cases related to minors, except those dealt with by courts. These commissions have the authority to place minors aged between 11 and 14 in so-called "special schools for difficult children". (Paragraph 73)

      The Special Rapporteur is concerned that the conduct of judicial proceedings does not sufficiently conform to the principle of equality of arms, and that the prosecutor currently exerts excessive control over the proceedings at both the pretrial and trial stages. Furthermore, higher-level prosecutors can bring special appeals even after a final judgement has been rendered. It is vital that steps be taken, in law and in practice, to reduce the dominant role of the prosecutor in judicial proceedings in order to ensure a fairer balance between the respective roles of the prosecutor and the defence lawyer.

      In this regard, the Special Rapporteur makes the following recommendations:

      A separate system of juvenile justice should be established as a priority. Juveniles should be tried under a specific juvenile justice system, in compliance with the relevant provisions of the Convention on the Rights of the Child, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines). (Paragraph 83)

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      Report of the Special Rapporteur on Toxic and Dangerous Wastes
      Okechukwu Ibeanu
      (A//HRC/15/22/Add.2)
      Country visit: 29 September - 9 October 2009 Report published: 24 June 2010

      Health: Acute exposure to ionising radiation can cause burns and radiation sickness, and, depending on the dose, can result in death within hours or days. Long-term, low-level (chronic) exposure is known to cause various forms of cancers, and can also have other adverse health effects, including damage to the nervous system, genetic defects and mental retardation in children. Exposure to heavy metals like lead, mercury or arsenic can also lead to severe long-term health effects, including cancer and damage to the nervous, digestive, reproductive and respiratory systems. In particular, lead has long been associated with the permanent reduction of the cognitive capacity of children, even at extremely low levels of exposure. (Paragraph 39)

      High levels of DDT and other POPs have been found in the soil and in surface water and groundwater resources around many burial sites, as well as in vegetable oil, meat, dairy products and vegetables throughout the country. According to a study carried out by the Ministry of Health in 2004, samples of breast milk of women who live in rural areas in the south showed high levels of DDT and other POP pesticides, and POPs were also found in the placenta and amniotic fluid of over one third of pregnant women examined. Children from southern regions are more often diagnosed with iron-deficiency anaemia, tuberculosis, viral hepatitis and acute respiratory viral infections than children from other areas of the country. Furthermore, the incidence of some hormone-dependent tumours, such as breast and ovarian cancers, has increased among women from cotton- and tobacco-growing areas. (Paragraph 53)

      Mercury was widely used in thermometers and scientific instruments (due to its unique chemical properties), as well as in many other products and processes. Its use, however, is being reduced throughout the world due to its toxicity and the availability of substitutes. Certain forms of mercury and its compounds can damage neurological development and affect internal organs. Effects are most pronounced in pregnant women, infants and children. Mercury can spread far and wide through air and water, and is ingested by fish and other marine life, where it becomes concentrated as it moves up the food chain. (Paragraph 56)

      Limited studies on the impact of mercury on the health of local population have shown that mercury has accumulated in various tissues and parts of the body (hair, blood, urine) of the persons analysed. Maximum levels were registered among workers employed in the mercury plant. Higher concentrations of mercury were also observed in children's blood and in the milk of nursing mothers. Although no comprehensive study has been carried out to assess the extent of mercury contamination, elevated mercury concentration, often exceeding maximum allowable concentration norms, have been recorded in air and water resources in areas surrounding large enterprises that are currently producing or had produced mercury in the Batken and Osh oblasts. (Paragraph 58)

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      Report of the Special Rapporteur on Violence Against Women
      Leandro Despouy
      (A/HRC/14/22/Add.2)
      Country visit: 8 November - 17 November Report published: 28 May 2010

      Education: The Government of Kyrgyzstan has undertaken some important initiatives to raise the status of women. Most notably, legislation setting out the principles of gender equality and an agenda for achieving gender parity were passed. The introduction in 2006 of temporary special measures in electoral legislation, which set a target of 30 per cent for women deputies in Parliament, has resulted in an increase of women deputies in the Jogorku Kenesh (National Parliament) from 0 to 26.6 per cent since 2005.7 Women constitute 35 per cent of legislators, senior officials and managers.8 Furthermore, 8.6 per cent more girls than boys attend school past the ninth grade, and more women than men are now attending university. (Paragraph 9)

      This has resulted in a decline in the quality and number of services and benefits available to women. It is estimated that only a quarter of kindergartens which operated in 1990 currently remain open, with a capacity to enrol only 11 per cent of all preschool children.19 Such drastic cuts in affordable childcare services for women severely limit women's livelihood options, while State welfare and childcare support remain too minimal to rely on. (Paragraph 17)

      Health: Women and girls in rural areas in particular are further affected by the deterioration in access to other basic public services, such as running water and public sewerage systems, over the past 18 years. (Paragraph 21)

      Domestic violence: At a societal level, violence within the family and between intimate partners is not generally perceived as a crime or a problem warranting legal intervention. According to one survey, 38 per cent of women between 15 and 49 years of age believe that a husband has the right to beat his wife in various situations – which include leaving the home without permission, disagreeing with the husband, refusing to have sex, burning the food or taking inadequate care of the children. (Paragraph 27)

      Some studies indicate that certain groups of women are more likely to be the victims of domestic violence. These groups include women aged between 25 and 44 years, women with no children and women with three children or more.32 During the mission, other vulnerable categories of women also came to light, such as elderly women and young, economically dependent women living with their in-laws where their husbands have migrated. (Paragraph 28)

      During the mission, interviewees stated that violence against women and girls is under-reported. Some of the reasons which make it difficult for women to reveal domestic abuse and seek help include: convention, which dictates that domestic problems should not be revealed to the outside world; economic dependency; fear of retaliatory violence by their partner; the lack of sufficient support services and legal clinics; and a low level of awareness of their rights. Those who have been kidnapped for the purpose of marriage fear stigmatisation and rejection by their families should they elect to report the kidnapping instead of marrying the perpetrator. Victims of trafficking will often fear the police rather than seek their help, as they may have been forced into illegal activities, and fear retaliation by traffickers and those conspiring with them. (Paragraph 71)

      Elimination of violence against women and girls:

      • Treat violence against women as a criminal offence and investigate and prosecute cases within the formal justice system.
      • Establish specialised female law enforcement units, including in rural areas.
      • Develop mechanisms, both legal and social, to combat internal trafficking and sexual exploitation of women and girls.
      • Commit sustainable State support to women and girls' crisis centres, including in areas currently not serviced.
      • Establish information and assistance centres for women and girls at risk who have moved from rural to urban centres.
      • Establish effective monitoring systems of decisions by Aksakal courts, a policy of strengthened cooperation and engagement with them and promote female participation.
      • Support awareness-raising campaigns on domestic violence and women's rights which specifically target community leaders and local populations.
      • Undertake reforms with regard to temporary and court protection orders and adopt practical measures to facilitate their implementation.
      • Take measures to ensure the protection of women who are victims of discrimination and violence on account of their sexual orientation or gender identity, and simplify procedures for changing the sexual identity of transgender persons in their identity cards.
      • Implement a comprehensive strategy to address abuse, torture and extortion while in police custody and detention, including: a complaint procedure that can be activated any time upon arrest; investigation procedures which meet international standards of impartiality, thoroughness and efficiency; and training to accompany a zero-tolerance policy.
      • Support the establishment of legal aid clinics, including in rural areas, which provide free legal services for women in need. (Paragraph 92)
      • Allow for a defence based on a prior history of being a victim of domestic violence as a mitigating factor in the sentencing of women who have killed their partners and/or other family members.

      Marriage practices: The term bride-kidnapping refers to the "act of taking a woman or girl against her will through deception or force and using physical or psychological coercion to force her to marry one of her abductors".33 The kidnapping is usually performed by a group of men, who can either be men known to the victim or complete strangers. The woman is then taken to the home of the intended groom, where his female relatives exercise different forms of physical and psychological coercion to get her to "agree" to the marriage, usually indicated by allowing the women to place a marriage scarf on her head. The process can last for hours or days, depending on her level of resistance. During this period, her abductor may rape her, often to shame her into agreeing to the marriage rather than facing disgrace at home. (Paragraph 29)

      Although Kyrgyzstan is recognised as the country with the highest prevalence of bride-kidnappings,34 existing data on the extent of this practice varies considerably. Government statistics in 2007 on abductions in general recorded 7 kidnappings of women and girls and 31 cases of compulsion to marriage, a related crime.35 This represents a significant increase from the previous year's statistics of 4 and 7 cases, respectively. However, studies estimate that the actual number is much higher. One study estimated that 30 per cent of all marriages are the result of bride-kidnapping, while others have found that in certain areas, predominately at the village level, the prevalence may be as high as 80 per cent.36 According to the data collected over a period of eight years by the Association of Crisis Centres, they receive an average of 250 reported cases of bride-kidnapping a year. (Paragraph 31)

      Interviews reveal that high levels of poverty have been linked to the phenomena of bride-kidnapping. Men or families unable to afford the expenses associated with a wedding or the dowry given to the bride may conspire to kidnap a suitable woman instead. More rarely, the bride's own family may conspire in the abduction in order to keep her from marrying a man they do not approve of or to receive a bride price from the groom's parents. Other factors perpetuating this practice include the light penalties imposed for this crime and the fact that there is little or no social stigma attached to abduction among many sections of the population, who view it as an assertion of one's cultural identity and male authority over women. The man's family also benefits from such a marriage since his new bride is expected to take over household duties. Moreover, the girl's parents will often refuse to accept their daughter back and ultimately accept the marriage in order to avoid the shame of having a "tainted" daughter. (Paragraph 32)

      While precise data remains elusive, many experts believe that marriage practices such as early and forced marriage, polygamy and unregistered marriages are on the rise. These discriminatory practices undermine the rights and economic position of women and girls and are closely tied to the prevalence of domestic violence. Despite the existence of legal prohibitions against child marriage, forced marriages and polygamy, they have continued to be practiced without systematic monitoring or punishment. (Paragraph 47)

      The minimum legal age of marriage in Kyrgyzstan is 18, although in certain circumstances, local State bodies may authorise a marriage if a girl has reached 16 years of age. Approximately 12.2 per cent of women in the country get married before their eighteenth birthday, with early marriage being more common in rural areas and among the poorest households (16.5 per cent, as compared to 9.1 per cent in the richest ones). (Paragraph 48)

      Official Government statistics also reveal a sustained increase in birth rates among women in the 15–17 age group since 2005, as well as a steady increase in the number of births to women who are officially unmarried. According to official statistics, approximately one third of children in Kyrgyzstan are born into marriages which are not officially registered, possibly indicating an increase in early religious marriages, which are not recognised under Kyrgyz law. (Paragraph 49)

      The phenomenon of early marriage in the country is often attributed to rising unemployment and poverty, as well as the resurfacing of patriarchal traditions and religious conservatism. Others contend that the lack of state effort on the issue, and more specifically the lack of a clear public awareness strategy to overcome patriarchal stereotypes is the primary reason for the increase in this practice. (Paragraph 50)

      According to a UNICEF survey data, approximately 1.7 per cent of respondents of fertile age (15–49 years) stated that they were in a polygamous marriage or union, with location and income levels being key determining factors. Polygamous marriages were registered more often in the Batken (3.6 per cent) and Chui (3.1 per cent) regions and among the richer strata of the population.57 Despite the fact that polygamy is illegal, there are reports that the practice is flourishing in other regions as well, particularly in the southern regions of Osh and Jalal-Abad. (Paragraph 51)

      Marriage practices such as under-age and forced marriage, polygamy and bride- kidnapping are illegal under Kyrgyz law. According to article 155 of the Criminal Code, forcing a woman to marry or to continue a marriage or kidnapping her in order to marry without her consent is punishable by a fine of 100–200 times the measurement indicators or imprisonment for the period of up to 3 years. Article 154 of the Criminal Code also envisages criminal liability for de facto marriage with a person under the minimum legal age of marriage, forcing this person into marriage and kidnapping a person under 16 years of age with the purpose of establishing a de facto marriage. Polygamous marriages and bigamy are punishable by a prison sentence of up to 2 years under article 153 of the Criminal Code. Persons such as religious clerics or staff of registry offices who knowingly formalise such a marriage are also criminally liable. Enforcement and prosecution for polygamy is very rare, however, in Kyrgyzstan. At the time of the Special Rapporteur's visit, officials – who were also concerned by these marriage practices – stated that they would be considering a number of reforms to address these problems, including requiring that a civil marriage be performed before any religious marriage is undertaken. (Paragraph 62)

      Recommendations:

      • Amend legislation to set a uniform minimum legal age for marriage at 18 for both women and men, in line with international standards.
      • Undertake research on the prevalence of unregistered marriages and its consequences for women and children, and consider the adoption of regulations to protect their legal and property rights both during the de facto union and upon its dissolution.
      • Undertake awareness-raising campaigns, including through the media, on forced bride-kidnapping, early marriage, polygamy and unregistered marriages. (Paragraph 93)

      Trafficking: Trafficking of women and children for sexual exploitation and forced labour became increasingly common during the country's transition period and continues to be a problem today. According to Government data, women and children are most commonly exported to United Arab Emirates, Turkey, China and South Korea, although other countries including the Russian Federation, Kazakhstan and Saudi Arabia are also trafficking destinations. (Paragraph 33)
      While there are no reliable statistics specifically on incidences of human trafficking, data is derived from figures provided by different agencies, Government bodies, non- governmental organisations (NGOs) and also from statistics on other related crimes (e.g., exploitation, illegal border crossing and smuggling of humans). From 2004 to 2006, the International Organisation for Migration (IOM) reported 309 persons as having been returned from slavery, including labour migrants and victims of sexual exploitation, who were most likely also the victims of trafficking.40 Documented calls to the State trafficking hotline service and NGO records identified approximately 400 victims of trafficking over a one year period in 2006-2007. A Government report further noted that 98 per cent of trafficking victims are women and girls, the majority of whom are between 15 and 30 years of age. (Paragraph 34)

      Young woman and girls in Kyrgyzstan are often deceived by false offers of employment, either in large cities such as Bishkek or abroad. One young woman interviewed during the mission, described how she went to the market in Bishkek to seek employment only to be lured to a house in the outskirts of the city under the pretence of securing a job as a nanny. She was locked up for months and forced to have sex with clients brought to the house. After becoming pregnant, she was finally able to escape with another girl who was similarly imprisoned. She was living in a shelter with her infant baby and said she would not go to the police for fear of retaliation from her kidnappers and was even afraid to walk the streets of the city for fear they may recognise her. Some experts have argued that internal trafficking of young girls is more common than cross-border trafficking. Adolescent girls can be especially vulnerable to forced employment as commercial sex workers in urban areas, with the majority of the girls involved coming from rural areas. (Paragraph 35)

      Sexual harassment: Sexual violence, including sexual harassment in the workplace, is still largely unacknowledged as a significant problem in Kyrgyzstan, even though statistics indicate that the ratio of crimes of a sexual nature, as a proportion of the overall number of crimes against women, is increasing. There were approximately 4,210 crimes against women and adolescent girls officially registered in 2007, of which 283 were reported rapes and other violent actions of a sexual nature. (Paragraph 42)

      Domestic legislation: On 9 August 2003, amendments to the Criminal Code, and particularly to article 124 on trafficking in human beings, brought the law into line with international standards, including the United Nations Convention against Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, to which Kyrgyzstan is a State party. The country has also ratified the Protocol against the Smuggling of Migrants by Land, Sea and Air. Other provisions in the Criminal Code are also relevant to trafficking, including provisions on child trafficking, rape, violent acts of a sexual nature and involvement in the prostitution business.63 The Law on Preventing and Combating Human Trafficking, No. 55 (of March 17, 2005) details measures for the prevention of human trafficking and specifies the assistance to be provided to victims. The Children's Code of the Kyrgyz Republic also provides for the criminal liability of persons guilty of involving children in trafficking in human beings, child prostitution and child pornography (art. 25). (Paragraph 63)

      Women's empowerment and gender equality: Make specific budgetary commitments towards the implementation of programmes related to gender equality, the socio-economic position of women and violence against women and girls. (Paragraph 91)

      Judicial hearings of cases of domestic violence are also rare. The reluctance of women to approach the courts in domestic violence cases was explained to the Special Rapporteur by a State official in the General Prosecutor's office, who believed that women, particularly in rural areas, still found it psychologically difficult to have recourse to the courts, especially if children are involved. They may also be economically dependent on their husband and lack the resources to undertake legal proceedings. (Paragraph 76)

      Statistics and Research:

      • Gather data on the prevalence and types of abuses faced by girls under 18 (Paragraph 94)

      Countries

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