KYRGYZSTAN: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

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

• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on the Elimination of Discrimination against Women
• UN Committee against Torture
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

(CCPR/C/KGZ/CO/2)

Last reported: 10 and 11 March 2014

Concluding observations adopted: 25 March 2014

Concerns raised:

Trafficking: The Committee is concerned that the State Party still lacks proper identification and referral mechanisms for victims of trafficking and that the law enforcement authorities and other officials lack capacity in working with victims. The Committee is also concerned about allegations of the trafficking in newborn children and lack of regulation concerning adoption (arts. 3, 8 and 24). (paragraph 12).

​The Committee recommends that the State party continue its efforts to prevent and eradicate trafficking, by effectively implementing the relevant legislation and by harmonizing the child adoption legislation with the requirements of international law. It also recommends that the State party establish proper mechanisms of identifying victims of trafficking and for referring them to relevant services and continue training law enforcement officials and other relevant professionals in the identification and assistance to victims of trafficking.

Corporal punishment: The Committee notes that corporal punishment remains a concern especially in the home where it traditionally continues to be accepted and practised as a form of discipline by parents and guardians (arts. 7 and 24). (paragraph 21)

​​The State party should take practical steps, including through legislative measures where appropriate, to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects.

Birth registration: The Committee is concerned at the absence of a registration system for newborn children in the provinces of Osh and Jalal-Abad, as well as at the difficulties faced by women without passports in registering their new-born children (art. 24). (paragraph 26).

​The State party should ensure that every child is registered immediately after birth and take measures, including awareness-raising, to facilitate the registration process with regard to children of parents who may have particular difficulties in providing the necessary documentation.

Minority rights:  The Committee is concerned at the reports that several schools have changed the teaching language from minority language to Kyrgyz and that some of the Uzbek-language media were closed, including two independent Osh-based Uzbek language television stations Mezon TV and Osh TV, following the June 2010 events (art. 27). (paragraph 27).

​The State party should strengthen its efforts to ensure representation of minorities in the judiciary and in law-enforcement to facilitate education in minority languages for children belonging to minority ethnic groups and promote the use of minority languages in the media, including through restoration of Uzbek language TV stations.

(CCPR/CO/69/KGZ)

Last Reported: 11 and 12 July 2000
Concluding Observations Adopted: 19 and 20 July 2000

Concerns Raised:

• Conditions in detention: The Committee remains concerned about inhuman prison conditions, characterised by overcrowding, inadequate food and medical care, and at the fact that convicted persons are frequently not kept segregated from accused persons and that juvenile offenders are frequently detained in the same detention centres as adults (art. 10).

  The Committee urges the State party to:

  (a) Take measures to improve prison conditions and to ensure that juveniles are detained in segregated centres

  (b) Ensure that all persons deprived of their liberty are treated with humanity and respect for their inherent dignity

  (c) Ensure that all detainees are afforded adequate food and medical care. (Paragraph 11)

• Child Labour: The Committee is concerned about the continued existence of child labour, the problem of mistreatment of children in some educational institutions, cruel punishment and the phenomenon of trafficking in children.

  The Committee urges the State party to:

  (a) Urgently address these issues so as to ensure the special protection to which children are entitled under article 24 of the Covenant. Specifically, corporal punishment must be prohibited. (Paragraph 19)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/KGZ/CO/2-3

Last Reported: 1 and 2 June 2015                                                                  Concluding Observations issued: 22 June 2015

Equality between men and women: The Committee is concerned that women are not enjoying equal rights in the area of economic, social and cultural rights. In particular, it notes with concern that... (c) Women in non-registered marriages cannot prove guardianship of their children without their husband’s confirmation, inter alia posing an obstacle to the children’s residence registration which is conditional to access basic services... The Committee recommends that the State party increase efforts to promote gender equality, inter alia by adopting a comprehensive strategy which includes time-bound goals and quotas as well as the use of temporary special measures, with a view to achieving full equality of women and men, with a particular focus on those areas where women are underrepresented and disadvantaged. The Committee requests the State party to: (a) Ensure that women in a non-registered marriage can prove guardianship of their children without their husband’s confirmation and that women are fully protected upon dissolution of non-registered marriages... (Paragraph 8) 

Kyrgyz migrant workers: The Committee is concerned about the insufficient protection of Kyrgyz migrant workers abroad, many of whom are subjected to labour exploitation, abuse and intimidation by employers and public officials in the country of employment. The Committee also notes with concern that children of Kyrgyz migrant workers, in the care of other persons whilst their parents work abroad, are frequently subjected to sexual abuse (arts. 6, 7 and 10). The Committee recommends that the State party step up its efforts to conclude bilateral and multilateral agreements with a view to extending protection to Kyrgyz migrant workers abroad, and to providing counselling and legal advice to potential migrant workers. The Committee also recommends that the State party take all necessary efforts to ensure that the spouses and children of Kyrgyz migrant workers obtain adequate residence permits in the country of employment. Furthermore, the Committee recommends that the State party increase efforts to protect children without parental care from sexual exploitation and abuse, to ensure that perpetrators are prosecuted and punished, and to provide access to recovery and reintegration to child victims of sexual abuse. (Paragraph 13)

Economic exploitation: The Committee is concerned about the significant number of children exploited in child labour, including in its worst forms in tobacco cultivation, and also notes with concern that children in boarding schools are reportedly subjected to forced labour. The Committee furthermore notes with concern that child labour is insufficiently prohibited and criminalized, and that enforcement and coordination to enforce the existing law is weak (arts. 7, 10 (3) and 13). The Committee recommends that the State party intensify its efforts to combat child labour exploitation, with a particular focus on forced labour. The Committee also recommends that the State party ensure that child labour and the recruitment of children into labour is explicitly prohibited and criminalized in accordance with international standards. Furthermore, the Committee recommends that the State party inter alia ensure the increase of labour inspections in agriculture and the informal sector, ensure that employers are held accountable, as well as carry out awareness-raising campaigns to eradicate socially accepted child labour. (Paragraph 14)

Domestic violence: The Committee notes with concern that domestic violence against women and children is prevalent and underreported, and frequently leads to life-threatening physical injuries, and includes food deprivation or lockout in the cold. The Committee is furthermore concerned that domestic violence which causes “slight physical harm to health or physical or psychological suffering” is addressed under the code of administrative liability, rather than subject to criminal sanctions and reparation to victims. Finally, the Committee is concerned about common inaction by law enforcement and courts, the referral of many cases to community elders courts (aksakals courts), and the lack of shelters for victims (art. 10). The Committee recommends that the State party take the necessary legal amendments to ensure that all forms of domestic violence are criminalized, that victims have access to effective remedies as well as to adequate shelter and support, that judges, prosecutors and law enforcement officials receive mandatory training on addressing domestic violence cases, and that these cases are always referred to criminal courts. The Committee also recommends to encourage reporting of domestic violence including by ensuring that healthcare providers and other relevant professionals are sensitized to domestic violence and that victims are adequately protected against retaliation. (Paragraph 16)

Bride kidnapping: The Committee is concerned about the prevalence of “bride kidnapping”, despite its criminalization, which affects both women as well as underage girls, and that a kidnapped woman or girl is often left with the kidnapper by her family for economic reasons or because she is considered to be “tainted”. Furthermore, the Committee is concerned that upon marriage, the bride is considered to belong to her husband’s family, who has the power to hamper her access to education and employment (art. 10). The Committee urges that the State party increase its efforts to enforce the criminalization of bride kidnapping as well as carry out awareness-raising campaigns on the illegality of bride kidnapping. The Committee further recommends that the State party provide shelters and support for kidnapped girls and women who have been rejected by their families. (Paragraph 17)

Homelessness and the right to adequate housing: The Committee is concerned about the high number of homeless persons in the State party and about the lack of a comprehensive housing policy which adequately caters for the housing needs of all its residents, especially disadvantaged and marginalized individuals and groups, who are at particular risk of homelessness, in particular persons living in poverty, women single heads of households, persons with disabilities, migrants, children leaving institutions or former detainees.  It is also concerned about the lack of social housing units for low income and marginalized and disadvantaged individuals and groups. The Committee furthermore notes with concern: (a) The significant number of persons, particular internal migrants, both living in formal and informal settlements, who lack access to safe drinking water and sanitation, electricity or garbage disposal and who are vulnerable to forced evictions; and (b) The lack of adequate consultation and compensation in the case of forced evictions (art. 11).  (Paragraph 19)

Poverty: The Committee is concerned about widespread and increasing poverty, affecting nearly 40 % of the population, including an increasing number of women and of children. Furthermore the Committee notes with concern that families place their children, including many children with disabilities, in childcare institutions and boarding schools on account of economic hardship, and that the living conditions in care institutions are poor, particularly with regard to nutrition and access to adequate health care (arts. 10 and 11). The Committee recommends that the State party implement a poverty reduction strategy that integrates economic, social and cultural rights, in line with the Committee’s Statement on Poverty adopted on 4 May 2001 (E/2002/22E/C.12/2001/17, Annex VII), giving particular attention to members of disadvantaged and marginalized individuals and groups and to women, as well as to regions which are particularly affected by poverty. Furthermore, the Committee recommends that the State party provide adequate child benefits for families living in poverty, and to ensure that insufficient economic means of a family do not result in the institutionalization of children.  (Paragraph 20)

Malnutrition and the right to food: The Committee is concerned about the prevalence of food insecurity and malnutrition, inter alia leading to high rates of anaemia and other malnutrition-related diseases. It also notes with concern that despite rising food prices, food allowance to persons and families subjected to poverty and food insecurity has been insufficient (art. 11).  The Committee recommends that the State party expeditiously address chronic food insecurity and malnutrition, including the critical nutritional needs of children and pregnant women. The Committee furthermore recommends that the State party set up a public food distribution system for disadvantaged and marginalized individuals and groups and remote regions, to significantly strengthen the school feeding programs in the country by increased funding, and to effectively tackle structural problems related to food insecurity. In this regard, the Committee draws the State party’s attention to its general comment No. 12 (1999) on the right to adequate food and to the Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security, adopted by the Council of the Food and Agriculture Organization of the United Nations in 2004.  (Paragraph 21)

Access to healthcare: The Committee notes with concern that access to healthcare is frequently limited, that health facilities are of poor quality and inadequately equipped, and that the number as well as qualification of staff is insufficient. The Committee furthermore notes with concern that: ... (b) While abortion is legal, it is not covered by public health insurance, leading many women to resort to unsafe abortions... The Committee recommends that the State party increase human, technical and financial resources allocated to the health sector, and to: ... (b)Provide confidential access for everyone, including adolescents, to contraceptives and safe abortion services, which are fully covered by health insurance... (Paragraph 22)

Access to education: The Committee is concerned by the high number of children who have never been to school or who drop out of school, including many children with disabilities. The Committee is also concerned about the hidden costs of education and that many schools require administrative fees, as they receive insufficient state support (arts. 13 and 14). The Committee raises attention to its general comment No. 13 (1999) on the right to education (article 13) and recommends that the State party increase budgetary allocations to education to ensure free access to quality education, including to inclusive education, as well as to provide families who live in poverty with adequate support to cover the hidden costs of education. (Paragraph 27)

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(E/C.12/1/Add.49)

Last Reported: 23 and 24 August 2000
Concluding Observations Adopted: 29 August 2000

Concerns Raised

• Unemployment and Poverty: The Committee notes with concern the recent estimates of unemployment reaching 26 per cent in Kyrgyzstan. The Committee regrets that despite the efforts of the Government to raise the statutory minimum wage to match the minimum consumer budget, the minimum wage does not provide a decent standard of living to the worker and his/her dependents. Furthermore, the Committee notes with regret that the Government is in arrears in payments of pensions and of civil servants' salaries.

  The Committee is also deeply concerned about the high rate of poverty, estimated to affect more than 50 per cent of the population. The most affected areas are the remote southern rural areas, where persons over the age of 60, women and children, especially, suffer from poverty. In particular, the Committee is concerned about malnutrition, which mostly affects infants (19.7 per cent), children and adolescents.

  The Committee urges the State party to:

  (a) Provide information on the progress made in the implementation of "Araket", the National Poverty Alleviation Programme, and related governmental programmes.

  (b) Continue to seek international financial and technical assistance, as provided for in articles 2.1 and 23 of the Covenant, in its efforts to improve the enjoyment of economic, social and cultural rights in Kyrgyzstan, and to continue to direct resources to those most in need.

  (c) Assess the impact of its economic reforms on the well-being of the population. (Paragraphs 14, 19, and 29)

• Education: As regards education, the Committee is concerned about the phenomenon of children dropping out of school to provide for their families. The situation of girls is particularly alarming, as their access to education is being curtailed by a revival of the tradition of early marriage, and a decrease in the prestige of having a formal education.

  The Committee urges the State party to:

  (a) Discuss the results of the future International Labour Office (ILO) study on child labour in Kyrgyzstan and to report to the Committee on the status of ratification of ILO Convention No. 182, as well as the practical measures taken by the State party to address the problem of child labour.

  (b) Take special care to ensure the right to education, in particular of the girl child.

  (c) Provide information on the extent of the phenomenon of school dropout and abandoned children, including measures taken to address the problem. (Paragraphs 23, 31, and 34)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/KGZ/CO/5-7

Last reported: 18 / 19 February 2013
Concluding Observations issued: 19 April 2013

Issues raised:

Minority children and education: The Committee notes that the Constitution of the State party (art. 10) and the State Languages Act guarantee the right of persons belonging to minorities to be taught in their languages. However, the Committee is concerned at the lack of qualified teachers, translators, textbooks and teaching material in minority as well as in the State languages. The Committee is particularly concerned at reports that since the June 2010 events, many schools inOshand Jalal-Abad have changed the language of education from minority languages into Kyrgyz, and that some of them do no longer benefit from State funding enabling them to ensure classes in minority languages. The Committee is also concerned at information on a decision of the State party according to which the high school testing will be conducted in Kyrgyz, thus creating a discrimination with regard to minority children who were educated partially in minority languages and do not have proficiency to be tested in Kyrgyz; such a situation may prevent their admission to universities or access to the labour market on equal footing with members of the majority. Moreover, the Committee remains concerned at reports that textbooks and curricula for primary and secondary schools do not adequately provide information on the history and culture of different ethnic groups living in the territory of the State party (arts. 2, 5 and 7) Paragraph 12.

The Committee encourages the State party to strengthen its efforts to promote education in minority languages for children belonging to minority ethnic groups in particular in the regions of Osh and Jalal-Abad. The Committee also recommends that the State party review its decision to introduce high school testing in Kyrgyz and take appropriate measures to ensure that children belonging to minorities be tested in languages in which they were mainly educated. The Committee reiterates its previous recommendation (CERD/C/KGZ/CO/4, para. 14) that the State party include in curricula and textbooks for primary and secondary schools information about the history and culture of different ethnic groups living in its territory. The Committee requests that the State party provide information on follow-up given to this recommendation in its next periodic report.

Human rights education:  While noting information provided by the State party on human rights training provided to security forces, the Committee remains concerned at the lack of comprehensive and precise information on effective measures taken by the State party relating to human rights education and their concrete results, in particular with regard to law enforcement officials as well as in schools (art. 7). Paragraph 20.

The Committee recommends that the State party redouble its efforts to ensure that law enforcement officers receive training in human rights and in particular with regard to the provisions of the Convention. The State party should also include human rights education in school curricula and conduct awareness-raising campaigns on human rights, including on racial discrimination.

(CERD/C/KGZ/CO/4)

Last Reported: 2 and 3 August 2007
Concluding Observations Adopted: 16 August 2007

Concerns Raised

• Education: The Committee notes with concern that according to reports received, curricula and textbooks for primary and secondary schools do not adequately reflect the multi-ethnic nature of the State party, and do not provide sufficient information on the history and culture of the different national and ethnic groups living in its territory (art. 7).

  The Committee recommends that the State party:

  (a) Include in curricula and textbooks for primary and secondary schools information about the history and culture of the different national and ethnic groups living in its territory, and encourage and support the publication and distribution of books and other printed materials, as well as the broadcasting of television and radio programmes about their history and culture.

  (b) Ensure the participation of national and ethnic minorities in the elaboration of such materials and programmes. (Paragraph 14)

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/KGZ/CO/4

Adopted by the Committee: 25 February 2015

Published by the Committee:  6 March 2015

Issues raised:

Harmful practices:

The Committee is concerned that such stereotypes are also root causes of violence against women and expresses concern at the high prevalence of harmful practices that discriminate against women, such as child marriage and bride kidnapping, and that to date, the State party has not taken sustained measures to modify or eliminate discriminatory stereotypes and negative traditional attitudes, as well as harmful practices (para.15).

The Committee is concerned at the persistence of child and forced marriages, despite setting of the minimum age of marriage at 18 years (para.35).

The Committee is deeply concerned at the persistent abduction of women and girls for forced marriages, despite the amendments to the Criminal Code which criminalize bride kidnapping and provide for increased sanctions. The Committee is alarmed by the high prevalence of marriages in the State party resulting from bride kidnapping, especially in rural and remote areas. The Committee is deeply concerned that bride kidnapping appears to be socially legitimized and surrounded by a culture of silence and impunity and that cases of bride kidnapping remain underreported, as they are considered a private issue that should remain within the family. The Committee is concerned that only one perpetrator of bride kidnapping was convicted in the period since 2008 (para.19).

Sexual exploitation:

The Committee is concerned about the lack of information on the number of complaints, investigations, prosecutions and convictions related to trafficking in women and girls and on support and rehabilitation programmes for victims (para.21).

Education:

The Committee is concerned at the significant gender gap in secondary and higher vocational education (83,1% of male students and only 16,9% of female students enrolled in power industry studies), at horizontal segregation which leads to segregation into labour market, that women and girls continue to choose traditionally female dominated fields of education (only 21,1% women were enrolled in architecture studies in comparison to 87,9% of men), and that they remain underrepresented in technical-vocational education (para.25).

Health:

The Committee is concerned about the limited access of women and girls to health care in rural areas, the lack of trained personnel and obstetric health services for women, as well as at women’s limited access to adequate sexual and reproductive health services; That the maternal and infant mortality remains high, especially in rural areas, due to inadequate prenatal care, as well as the high number of early pregnancies (para.29).

(CEDAW/C/KGZ/CO/3)

Last Reported: 23 October 2008

Concerns Raised

• Education: Noting that in its replies to the lists of issues (p. 5 of the written replies), the State party provides examples of cases where the Ministry of Education has produced a gender-focused analysis of new school manuals, the Committee remains concerned that they are limited and relate only to primary/basic education.

  The Committee urges the State party to:

  (a) Take all necessary measures to analyse all existing manuals and curricula from a gender perspective

  (b) Systematically review all new manuals and curricula, in particular in respect to secondary education. (Paragraphs 15 and 16)

• Marriage: The Committee is concerned at the existence of marriages involving girls under the age of 18, as well as the existence of non-registered marriages, in violation of article 16, paragraph 2, of the Convention.

  The Committee urges the State party to:

  (a) Implement fully the laws on marriage and family which set the legal age of marriage at 18 years for both women and men and to adopt measures in order to bring all marriages in line with article 16, paragraph 2, of the Convention.

  (b) Include in its next report information on the measures taken in this regard, and the impact of such measures on the registration of marriages. (Paragraphs 17 and 18)

• Health: The Committee is concerned, in general, about the health situation of women, and in particular at the inequalities in access between urban and rural areas. The Committee is concerned that the requirement that individuals contribute to health costs may disproportionately disadvantage women, although it notes that children up to the age of 5, pregnant women, those who have recently given birth and those aged 75 and above are exempted from such contribution to costs. The Committee is concerned about the increase in the rates of maternal and infant mortality, women's anaemia during pregnancy, the persistent high number of abortions, including among those under the age of 18, underweight girls, the large incidence of tuberculosis and sexually transmitted diseases among women. It is also concerned about the problem of alcoholism among women and the lack of sex-disaggregated statistical data about the health situation of rural women.

  The Committee urges the State party to:

  (a) Fully implement a holistic, life cycle approach to women's health.

  (b) Ensure accessible, affordable and adequate health care to all parts of the population and to rural women in particular.

  (c) Strengthen measures to reduce the maternal and infant mortality rates as well as the spread of tuberculosis and other diseases among women.

  (d) Take effective steps to address and prevent alcoholism and drug addiction among women.

  (e) Adopt measures to increase knowledge of, and access to, affordable contraceptive methods

  (f) Promote sex education and target it towards adolescent girls and boys

  (g) Undertake broadcasts on sexual and reproductive health education programmes in public media, and increase the public awareness in the domain of reproductive health.

  (h) Carefully monitor delivery of health services in order to ensure that it responds in a gender-sensitive manner to the health concerns of all women, including those in rural areas.

  (i) Utilise its general recommendation 24 as a framework for action to ensure that all health policies and programmes integrate a gender perspective. (Paragraphs 37 and 38)

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UN Committee against Torture

Concluding observations on the second periodic report of Kyrgyzstan

CAT/C/KGZ/CO/2

Last reported: 12 and 13 November 2013

Fundamental legal safeguards: The Committee expresses its serious concern at the State party’s failure to afford all persons deprived of their liberty, especially those held in pre-trial detention, with all fundamental legal safeguards, as described in the Committee’s General Comment No. 2 (CAT/C/GC/2, paras.13-14), from the outset of deprivation of liberty. The Committee is particularly concerned at reports that detainees are frequently denied access to an independent lawyer of their choice, that police officers forcibly extract confessions in the early stages following apprehension, before formal detention or arrest, and that in practice lawyers need to secure special permission from investigators to have access to their clients (arts. 2, 11, 12, 13, 15 and 16).

The State party should ensure that:

(a) All persons deprived of liberty are afforded, in law and in practice, all fundamental legal safeguards from the very outset of their deprivation of liberty, including the rights to prompt access to a lawyer of their choice and to request a medical examination by an independent doctor, to contact family members, to be informed promptly of their rights, including about the charges against them, and to be brought before a judge within 48 hours of deprivation of liberty;

(b) All persons deprived of their liberty have prompt access to assistance from independent lawyers, have the option to avail themselves of independent legal aid, and to communicate privately with them;

(c) All detainees, including minors, are included in a central register of persons deprived of liberty, in which relevant information about fundamental safeguards is immediately recorded, and which can be accessed by lawyers and family members of those detained and others as appropriate; that the State party monitors the provision of safeguards to persons deprived of their liberty, including public officials’ compliance with registration requirements; and that any public official who denies fundamental legal safeguards to such detained persons is disciplined or prosecuted. (para. 10)

Violence against children: Although corporal punishment of children is unlawful in schools, in the penal system and in certain care settings, the Committee is concerned at allegations that a high number of children experience violence, abuse or neglect in the family and some care settings (CRC/C/KGZ/3-4, para.74) (art.16).

The State party should explicitly prohibit corporal punishment of children in all settings, including at home, institutions and alternative care settings, and ensure awareness-raising and public education measures. (para. 22)

(CAT/C/KGZ)

Last Reported: 16, 17, and 18 November 1999

No mention of children's rights in this report.

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

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UN Committee on Enforced Disappearance

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