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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ______________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee is concerned that the recommendations made upon consideration of the State party's initial report with regard to the involvement of children in sexual exploitation have not been fully implemented. The Committee is also concerned about the health risks posed to children who are sexually exploited and/or trafficked. The Committee recommends that the State party: (a) Undertake a study of sexually exploited children and use the data to design policies and programmes to prevent sexual exploitation, including by developing a national plan of action on commercial sexual exploitation of children as agreed at the two World Congresses against Commercial Sexual Exploitation of Children in 1996 and 2001; (b) Carry out awareness-raising campaigns, particularly for children, parents and other caregivers, on the risks and effects of commercial sex; (c) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner that respects the privacy of the victim; (d) Ensure that sexually exploited children are always treated as victims and are provided with assistance and support for their reintegration; and (e) Ensure that those who sexually exploit children are prosecuted. (Paragraphs 61 and 62) UN Human Rights Committee 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) Special Representative of the Secretary General on the Situation of Human Rights Defenders 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) Special Rapporteur on Violence against Women 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) [The Rapporteur recommended that the State] develop mechanisms, both legal and social, to combat internal trafficking and sexual exploitation of women and girls. (Paragraph 92) 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) 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) 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) International Labour Organisation Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 124(1) of the Criminal Code prohibits the trafficking of persons, and section 124(2) specifies that trafficking in persons under 18 is an aggravated offence. However, the Committee noted the Government's indication to the Committee on the Rights of the Child (CRC) in May 2006 that women and children are trafficked to Turkey, China and the United Arab Emirates for sexual exploitation, and that Kyrgyz citizens have been sold in Kazakhstan to work in tobacco (CRC/C/OPSC/KGZ/1, page 10). In light of this, the Committee requested the Government to take immediate and effective measures to apply section 124 of the Criminal Code and to provide statistical information on the practical application of this provision. The Committee notes the information in the UNODC Global Report on Trafficking in Persons that state authorities recorded six child victims of trafficking in 2005, and nine such victims in 2006. The Committee also notes the information in the 2008 report on human trafficking in Kyrgyzstan, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that indicates that the Government conducted 33 investigations relating to trafficking in 2007, and 92 such investigations in 2008. This report indicates that, in 2008, the Government prosecuted eight persons for this offence, of which six were convicted. However, this report also indicates that four out of the six offenders received suspended sentences, with two receiving sentences of 3-8 years' imprisonment. The Committee also notes that the CRC, in its concluding observations in relation to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC OP-SC) of 2 February 2007, expressed concern that, in a number of cases, investigations and prosecutions had not been initiated (CRC/C/OPSC/KGZ/CO/1, paragraph 17), and that complicity by government officials with traffickers, and corruption, was impeding the effectiveness of prevention measures (paragraph 25). The CRC also expressed regret at the lack of statistical data, and the lack of research on the prevalence of national and cross-border trafficking and the sale of children (paragraph 9). The Committee expresses its deep concern at allegations of complicity of low- level government officials with human traffickers, and at the lack of complete data on the prevalence of child trafficking in Kyrgyzstan. The Committee therefore requests the Government to take the necessary measures as a matter of urgency to ensure that persons who traffic in children for the purpose of labour or sexual exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. The Committee also urges the Government to take the necessary measures to ensure that sufficient data on the sale and trafficking of persons under the age of 18 is made available. In this regard, the Committee once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of section 124 of the Criminal Code. To the extent possible, all information provided should be disaggregated by sex and age. Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Trafficking in children. The Committee previously noted that governmental departments, international agencies and the local media, in collaboration with the International Organization for Migration (IOM), conducted a high-profile awareness campaign on violence against women and trafficking in women and girls and its prevention. The Committee also took note of the Sezim Psychological Crisis Centre in Bishkek, which provided rehabilitation and reintegration services to victims of trafficking, including 30 children. The Committee notes the information on the IOM website that its collaboration with the Government continues through the IOM programme entitled "Combating Trafficking in Persons in Central Asia: Prevention, Protection and Capacity Building", which includes awareness raising and assistance for victims. The Committee also notes the information in the Trafficking Report that, while the Government provides no direct funding for shelters or medical assistance to victims, it provides space for three NGO-run shelters, and has improved its process for the repatriation of Kyrgyz nationals who are victims of trafficking. The Trafficking Report also indicates that the Government and NGOs identified 331 trafficking victims in 2007, and 161 victims in 2008. This report further indicates that 117 victims of trafficking received NGO assistance in 2008, 20 of whom were referred to these services by the Government. Observing the disparity between the number of trafficking victims identified, and the number of victims receiving assistance, the Committee requests the Government to strengthen its efforts to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking, and for their rehabilitation and social integration. It requests the Government to provide information on concrete measures taken in this regard, and to supply information on the results achieved, including the number of victims of trafficking under the age of 18 who have participated in the repatriation process, and the number of children receiving rehabilitative assistance, shelter and other services. ______________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee is concerned that persons below 18 allegedly continue to be subjected to torture and cruel treatment, in many cases when in police custody or awaiting trial. Access to legal counsel and/or medical services and communication with their families also seems limited for young persons in police custody. The Committee is also concerned that the complaint procedures for these abuses are not child-sensitive and have not proven to be efficient as no sanctions seem to have been applied. The Committee recommends that the State party: (a) Undertake all necessary measures to prevent acts of torture and inhuman or degrading treatment or punishment, in particular through training of the police forces; (b) Take measures to investigate, prosecute and sanction those involved in committing acts of torture and inhuman or degrading treatment or punishment against children and young persons; (c) Provide information in its next report on the implementation of the 2003 amendment to the Criminal Code that made torture a crime; and (d) Establish programmes for the rehabilitation and reintegration of the victims. (Paragraphs 37 and 38) Universal Periodic Review (May 2010) A - 51. Fight against torture, in particular torture against minors (Italy); (accepted) ______________________________________________________ Domestic violence, particularly against women and girls UN Committee on the Rights of the Child (Concluding Observations, November 2004) While commending the State party for the adoption of the Law on Protection from Violence (2003), the Committee expresses its concern about the abuse and neglect that take place in families, in particular with regard to children and against adolescent girls. It is also concerned that recovery and counselling services are insufficient to meet the increased demand for such services. The Committee recommends that the State party: (a) Enforce and closely monitor the Law on Protection from Violence; (b) Carry out effective public-awareness campaigns and adopt measures to provide information, parental guidance and counselling with a view, inter alia, to preventing violence against children, including the use of corporal punishment; (c) Provide more training to law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child sensitive manner; and (d) Ensure access to counselling for all victims of violence as well as assistance for their recovery and reintegration. (Paragraphs 44 and 45) UN Special Rapporteur on Violence against Women 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) 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) 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: Universal Periodic Review (May 2010) 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); (accepted) 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 ); (accepted) 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); (accepted) ______________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee welcomes the fact that the State party considers corporal punishment unacceptable and inadmissible; however, it remains concerned that corporal punishment is not explicitly prohibited in the family, in schools, in other institutions and in childcare settings. The Committee urges the State party to expressly prohibit corporal punishment by law in the family, in schools, in institutions and in other childcare settings. It further recommends awareness-raising and promotion of positive, non-violent forms of discipline, especially in families, schools and care institutions. (Paragraphs 45 and 46) UN Human Rights Committee 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: 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) Universal Periodic Review (May 2010) 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); (accepted) ______________________________________________________ Absence of a separate and appropriate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee is concerned that the State party has not yet established specific procedures and courts to deal separately with juvenile offenders under the justice system. Parents, doctors and lawyers are not guaranteed access to those persons below 18 who are arrested. The Committee is also concerned at the lack of vocational training or rehabilitation programmes for those below 18 who have been detained. The long pre-trial detention periods, the harshness of the punishments given to those below 18 when found guilty (up to 15 years in prison) and the lack of alternative penalties to deprivation of liberty for those under the age of 14 are also of concern to the Committee. The Committee notes that when determining the criminal responsibility of a minor, differences exist between those under the age of 14 years and those under 16 years. The Committee is also concerned at the fact that juveniles, in particular girls, are being detained with adults. In this regard, the Committee encourages the State party as a matter of priority: (a) To expedite its work on reform of the system of juvenile justice in order for children to be tried under a specific juvenile justice system and not the ordinary justice system; (b) To review the existing distinction regarding criminal responsibility of minors under 14 years and those under 16 years, and ensure that alternative penalties to the deprivation of liberty exist for all minors; (c) To ensure that pre-trial detention is used only in exceptional cases, and when this does occur, that access to relatives/representatives and to doctors and lawyers is guaranteed; (d) To undertake all necessary measures, including through technical cooperation, to establish separate detention facilities for juveniles; (e) To review the mandate and restructure the Commission on Minors' Affairs with a view to removing its punitive functions; (f) To ensure that the Akzakal Courts (Elders' Courts), when dealing with children in conflict with the law, fully apply the principles and provisions of the Convention; and (g) To seek technical assistance from the OHCR and UNICEF in this regard. (Paragraphs 65-67) UN Special Rapporteur on Independence of Judges and Lawyers 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) Universal Periodic Review (May 2010) 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); (accepted) A - 69. Establish a juvenile judiciary (Afghanistan); (accepted) A - 76. Raise the minimum age for marriage and establish a juvenile judiciary (Egypt); (accepted) ______________________________________________________ Use of and conditions in detention, including detention of children with adults UN Committee on the Rights of the Child (Concluding Observations, November 2004) The long pre-trial detention periods, the harshness of the punishments given to those below 18 when found guilty (up to 15 years in prison) and the lack of alternative penalties to deprivation of liberty for those under the age of 14 are also of concern to the Committee. The Committee notes that when determining the criminal responsibility of a minor, differences exist between those under the age of 14 years and those under 16 years. The Committee is also concerned at the fact that juveniles, in particular girls, are being detained with adults. [T]he Committee encourages the State party as a matter of priority: (c) To ensure that pre-trial detention is used only in exceptional cases, and when this does occur, that access to relatives/representatives and to doctors and lawyers is guaranteed; (Paragraphs 66 and 67) UN Human Rights Committee 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) UN Special Rapporteur on Independence of Judges and Lawyers 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) ______________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee is also concerned at the increasing discrimination against the girl child, in particular girls living in rural areas, due to re-emerging trends such as bridal kidnappings and forced marriages. The Committee recommends that the State party increase its efforts to ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups. The Committee urges the State party to pay particular attention to the situation of the girl child, in particular girls living in rural areas, in order to halt the practices of forced marriage and bridal kidnapping, which prevent the girl child from fully enjoying the rights enshrined in the Convention. (Paragraphs 26 and 27) UN Committee on the Elimination of Discrimination against Women 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) UN Special Representative of the Secretary General on the Situation of Human Rights Defenders 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) UN Special Rapporteur on Violence against Women 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: Universal Periodic Review (May 2010) A - 75. Consider increasing the minimum age of marriage for girls (Jordan); (accepted) A - 76. Raise the minimum age for marriage and establish a juvenile judiciary (Egypt); (accepted) ______________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee welcomes the recent creation of the Coordination Council on Child Labour (in 2004), but remains concerned about the prevalence of child labour in Kyrgyzstan and the lack of official data in this regard. The use of children as workers by State institutions, and in particular by State educational establishments, is a matter of concern to the Committee. The Committee recommends that the State party: (a) Take steps to improve the labour conditions of children who are allowed to work and enforce the provisions of the Minors' Rights (Protection and Defence) Act with regard to child labour; and (b) Take immediate and effective steps to eliminate the practice in State institutions, in particular in educational institutions, of requiring children to work for the profit of these institutions. (Paragraphs 59 and 60) UN Human Rights Committee 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) UN Special Rapporteur on Violence against Women 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) International Labour Organisation Clause (d). Hazardous work. Children working in agriculture. The Committee previously noted that the Government had approved a detailed list of occupations or works prohibited for persons under 18 years, and had adopted regulatory instruments at the sectoral level prohibiting this group from being engaged in work related to the use and storage of pesticides. The Committee also noted that that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions, including in the manufacture of tobacco. Nonetheless, the Committee notes the indication in the WFCL Report that the use of hazardous child labour in the agricultural sector is widespread, particularly in tobacco, rice and cotton fields, and that these children face dangerous working conditions. The Committee also notes the indication in the WFCL Report that, in rural areas, regulations prohibiting children from engaging in such work are not strictly enforced. In this regard, the Committee notes the statement in the report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) for the World Trade Organization General Council on the trade policies of Kyrgyzstan of 9 and 11 October 2006, entitled "Internationally recognized core labour standards in Kyrgyzstan" that some schools require children to participate in the tobacco harvest, and that the income from this goes directly to the schools, not the children or their families. This report also indicates that, in some cases, classes are cancelled and children are sent to the fields to pick cotton. Lastly, the Committee notes that the CRC, in its concluding observations of 3 November 2004, expressed concern regarding the use of children as workers by State institutions, and in particular by State educational establishments (CRC/C/15/Add.244, paragraph 59). The Committee expresses its serious concern at the situation of school children who are required to engage in agricultural work in the cotton and tobacco sectors, often under hazardous conditions, and requests the Government to take the necessary measures, as a matter of urgency, to ensure that persons under 18 years of age are protected against this worst form of child labour, including through the enforcement of regulations prohibiting children's involvement in hazardous agricultural work. Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children engaged in hazardous work in agriculture. The Committee notes the estimation in the ILO-IPEC Technical Progress Report for the project entitled "Health and rehabilitation of working children in tobacco, rice and cotton fields in Osh and Jalalabat regions" of August 2006 (Agriculture TPR 2006), that child labour in the agricultural sector is quite common in Kyrgyzstan, and that, in the oblast of Jalalabat alone, it is estimated that 125,000 children are involved in agricultural production each year. The Agriculture TPR 2006 indicates that many of these children face work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodents bites, and hazards related to tobacco production (skin irritation and intoxication). However, the Committee notes the statement in the Agriculture TPR 2006 that there is an understanding at the governmental level for the need to develop a comprehensive programme for the elimination of the worst forms of child labour in the agricultural sector. The Committee also notes that various initiatives are being implemented to address this issue, such as the "Elimination of child labour in tobacco growing industry in Kyrgyzstan" project for 2010-12, implemented by the Agricultural Workers' Union and supported by the ECLT Foundation (within the framework of the PROACT-CAR Phase II) and meetings organized by the ILO Bureau for Employers' Activities on the role of employers in the elimination of child labour in agriculture in Kyrgyzstan. Nonetheless, the Committee notes the information in the WFCL Report indicating that, during the cotton and tobacco harvesting season, children in southern Kyrgyzstan frequently miss school to work in the fields, often under hazardous conditions. Therefore, the Committee requests the Government to redouble its efforts to remove and rehabilitate children engaged in hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors. The Committee requests the Government to provide information on concrete measures taken in this regard, and the results achieved, including information on the number of children removed and rehabilitated. Universal Periodic Review (May 2010) A - 101. Eliminate the practice of requiring boys and girls to work in the educational institutions where they are enrolled (Spain); (accepted) 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); (accepted) 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); (accepted) A - 105. Ensure that measures are in place to fight and eradicate child labour (Denmark); (accepted) ______________________________________________________ Use of children as workers in educational establishments UN Committee on the Rights of the Child (Concluding Observations, November 2004) The use of children as workers by State institutions, and in particular by State educational establishments, is a matter of concern to the Committee. The Committee recommends that the State party: (b) Take immediate and effective steps to eliminate the practice in State institutions, in particular in educational institutions, of requiring children to work for the profit of these institutions (Paragraphs 59 and 60) International Labour Organisation Clause (d). Hazardous work. Children working in agriculture. Lastly, the Committee notes that the CRC, in its concluding observations of 3 November 2004, expressed concern regarding the use of children as workers by State institutions, and in particular by State educational establishments (CRC/C/15/Add.244, paragraph 59). Universal Periodic Review (May 2010) A - 101. Eliminate the practice of requiring boys and girls to work in the educational institutions where they are enrolled (Spain); (accepted) ______________________________________________________ Discrimination in access to education UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee notes with appreciation the efforts being made by the State party to provide more inclusive education for children with disabilities. However, the Committee is concerned about the still significant number of children with disabilities who do not receive an education and at the still prevalent trend of institutionalizing children with disabilities. The fact that children with disabilities do not have access to public buildings and public transport is also of concern to the Committee. The Committee recommends that the State party: (a) Establish a comprehensive policy for children with disabilities; (b) Take effective measures to collect adequate and disaggregated data on children with disabilities up to the age of 18 years and use such data in developing policies and programmes to prevent disabilities and to assist disabled children; (c) Reinforce its efforts to develop early detection programmes to prevent and remedy disabilities; (d) In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on "The rights of children with disabilities" (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and into society, including by providing special training to teachers and by making schools more accessible; (e) Undertake awareness-raising campaigns to sensitize the public, and parents in particular, about the rights and special needs of children with disabilities, including those with mental health concerns; (f) Increase resources, both financial and human, for special education, including vocational training, and the support given to families of children with disabilities; (g) Seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO. (Paragraphs 47 and 48) The Committee is also concerned that enrolment in early childhood education has decreased in the past several years and that access to education is made difficult for children who are migrants with no formal residence permits, working children and/or street children. The Committee recommends that the State party: (a) Continue to strengthen measures aimed at increasing enrolment rates in primary and secondary education, in particular with regard to early childhood education; (b) Ensure that the practice of requesting that parents pay "voluntary fees" and other non official contributions for the education of children is discontinued; (c) Take measures to create more favourable conditions at schools (e.g. improvement of heating and electricity facilities as well as more friendly and less abusive environments) in order to tackle the high drop-out rates; (d) Establish special educational programmes in order to accommodate the needs of working children, street children, migrants with no formal residence permits and children deprived of their liberty; (e) Improve the educational system with a view to achieving the aims mentioned in article 29, paragraph 1, of the Convention, taking into account the Committee's General Comment No. 1 (2001) on the aims of education, and introduce human rights, including children's rights, into school curricula; (f) Seek assistance from, inter alia, UNESCO, OHCHR and other competent bodies in this regard. (Paragraphs 53 and 54) UN Committee on Economic, Social and Cultural Rights 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 drop-out and abandoned children, including measures taken to address the problem. (Paragraphs 23, 31, and 34) Independent Expert on Structural Adjustment Policies and Foreign Debt 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) Universal Periodic Review (May 2010) 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); (accepted) 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); (pending) ______________________________________________________ High school drop-out rates, particularly among girls UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee notes the State party's efforts to increase enrolment rates, both in primary and secondary education, through the national programmes spelled out in the Education Act. It is, however, concerned at the high drop-out rates, especially among girls, due to forced marriages. The increasing practice of requesting parents to pay unofficial monthly and/or one-time enrolment fees, as well as for textbooks and school repairs, constitutes an obstacle for children's access to education. The Committee is also concerned that enrolment in early childhood education has decreased in the past several years and that access to education is made difficult for children who are migrants with no formal residence permits, working children and/or street children. The Committee recommends that the State party: (a) Continue to strengthen measures aimed at increasing enrolment rates in primary and secondary education, in particular with regard to early childhood education; (b) Ensure that the practice of requesting that parents pay "voluntary fees" and other non official contributions for the education of children is discontinued; (c) Take measures to create more favourable conditions at schools (e.g. improvement of heating and electricity facilities as well as more friendly and less abusive environments) in order to tackle the high drop-out rates; (d) Establish special educational programmes in order to accommodate the needs of working children, street children, migrants with no formal residence permits and children deprived of their liberty; (e) Improve the educational system with a view to achieving the aims mentioned in article 29, paragraph 1, of the Convention, taking into account the Committee's General Comment No. 1 (2001) on the aims of education, and introduce human rights, including children's rights, into school curricula; (f) Seek assistance from, inter alia, UNESCO, OHCHR and other competent bodies in this regard. (Paragraphs 53 and 54) UN Committee on Economic, Social and Cultural Rights 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 drop-out and abandoned children, including measures taken to address the problem. (Paragraphs 23, 31, and 34) UN Special rapporteur on Violence against Women 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) ______________________________________________________ Inadequate reproductive health education UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee is concerned that adolescents do not receive adequate reproductive health or appropriate sex education. Furthermore, the Committee is concerned at the rising trend of tobacco use, alcohol and drug abuse and suicide among adolescents. The Committee recommends that the State party ensure adequate adolescent health services, as stated in its general comment No. 4 (2003) on adolescent health, implementing in particular programmes on reproductive health, sex education and family planning. The Committee further recommends that the State party take measures to provide mental health services to adolescents. (Paragraphs 51 and 52) UN Committee on the Elimination of Discrimination against Women The Committee urges the State party to: (f) Promote sex education and target it towards adolescent girls and boys ______________________________________________________ Inequalities in the provision of health services UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee notes with appreciation the efforts made by the State party to work with different specialized agencies of the United Nations as well as with international NGOs to reduce child mortality. It also welcomes the decision of the Government in December 2003 to introduce the WHO live birth definition nationwide. It is, however, concerned at the regional disparities in mortality rates, the inadequate antenatal care, which is not completely free, the inhumane treatment of children in psychiatric hospitals, and the increase in cases of communicable diseases, such as tuberculosis and HIV/AIDS. Exposure to environmental hazards such as mining wastes or unsafe drinking water also worries the Committee. The Committee recommends that the State party undertake more efforts to ensure the highest attainable standard of health for all children, to improve antenatal care programmes, to prevent the spread of contagious diseases such as HIV/AIDS and tuberculosis, to improve psychiatric care so as to ensure that children with psychiatric problems are treated humanely and to explicitly prohibit placing children in adult psychiatric hospitals. International assistance from WHO and UNICEF should be requested, inter alia to address the issue of providing safe drinking water and increased access to sanitation. (Paragraphs 49 and 50) UN Committee on the Elimination of Discrimination against Women 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) Independent Expert on Structural Adjustment Policies and Foreign Debt 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) UN Special Rapporteur on Toxic and Dangerous Wastes 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) UN Special Rapporteur on Violence against Women 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) Universal Periodic Review (May 2010) A - 106. Fight poverty and provide high-quality education and health care for sustainable development (Kazakhstan); (accepted) 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); (pending) ______________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2004) The Committee notes that the State party continues to deal with serious economic, social and political challenges following independence in 1991, including a deterioration of living standards, increased unemployment, poverty and corruption, which have had an especially severe impact on children belonging to the most vulnerable segments of society. (Paragraph 6) UN Committee on Economic, Social and Cultural Rights 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 dependants. 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) UN Special Rapporteur on Violence against Women 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) 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) Universal Periodic Review (May 2010) A - 106. Fight poverty and provide high-quality education and health care for sustainable development (Kazakhstan); (accepted) 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); (accepted) 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); (accepted) ______________________________________________________
Last reported: 11 and 12 July 2000
Concluding Observations adopted: 19 and 20 July 2000
Country visit: 30 July-4 August
Report published: 12 March 2002
Country visit: 8-17 November 2010
Report published: 28 May 2010
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)
Individual Observation concerning the Worst Forms of Child Labour Convention (No. 182)
Published: 2011
Country visit: 8-17 November 2010
Report published: 28 May 2010
Last reported: 11 and 12 July 2000
Concluding Observations adopted: 19 and 20 July 2000
Country visit: 18-24 September 2005
Report published: 30 December 2005
Last reported: 11 and 12 July 2000
Concluding Observations adopted: 19 and 20 July 2000
Country visit: 18-24 September 2005
Report published: 30 December 2005
Last reported: 23 October 2008
Country visit: 30 July 2001
Report published: 12 March 2002
Country visit: 8-17 November 2010
Report published: 28 May 2010
Last reported: 11 and 12 July 2000
Concluding Observations adopted: 19 and 20 July 2000
Country visit: 8-17 November 2009
Report published: 28 May 2010
Individual Observation concerning the Worst Forms of Child Labour Convention (No. 182)
Published: 2011
Individual Observation concerning the Worst Forms of Child Labour Convention (No. 182)
Published: 2011
Last reported: 23 and 24 August 2000
Concluding Observations adopted: 29 August 2000
Country visit: 7-16 June 2004
Report published: 20 January 2005
Last reported: 23 and 24 August 2000
Concluding Observations adopted: 29 August 2000
Country visit: 8-17 November 2010
Report published: 28 May 2010
Last reported: 23 October 2008
Last reported: 23 October 2008
Country visit: 7-16 June 2004
Report published: 20 January 2005
Country visit: 29 September – 9 October 2009
Report published: 24 June 2010
Country visit: 8-17 November 2010
Report published: 28 May 2010
Last reported: 23 and 24 August 2000
Concluding Observations adopted: 29 August 2000
Country visit: 8-17 November 2010
Report published: 28 May 2010