COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF KYRGYZSTAN

23 September 2004


The Committee on the Rights of the Child today considered the second periodic report of Kyrgyzstan on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.

Introducing the report was Erkinbek Mamyrov, First Deputy Minister of Justice of Kyrgyzstan, who said the problem of the socio-economic protection of children had not yet been fully resolved in Kyrgyzstan and in response the Government had taken several steps to ensure the best interests of the child. The Government had adopted a social policy to develop the best interests of the child and had initiated a State programme in 2002 to protect and defend children. To ensure effective monitoring of the rights of the child, a committee had been created to implement the State programme in which non-governmental organizations were participating.

In preliminary remarks, Committee Expert Nevena Vukovic-Sahovic, who served as Rapporteur for the report of Kyrgyzstan, said she had been left with the impression that the major constraints for the implementation of the Convention were caused by economic setbacks. She indicated that the Committee, in its final observations, would stress that there should be a separate Ombudsman for children, that the State party should strengthen its inter-ministerial cooperation concerning children, and that it should continue to adopt national legislation related to the rights of the child.

Marilia Sardenberg, the Committee Expert who served as country co-Rapporteur, emphasized that changing mentality through awareness raising should also remain a priority issue for the Government. She noted that the Government was faced with problems of debts and poverty, yet drew attention to the good work already done in relation to children’s rights.

Other Committee Experts contributed to the debate by raising questions pertaining to violence against children, juvenile justice, refugee children, child prostitution and trafficking, education, social institutions for children and the Office of the Ombudsman.

The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 1 October.

The delegation of Kyrgyzstan was made up of representatives of the Ministry of Justice, the Ministry of Education, the Office of the Prime Minister and the Permanent Mission of Kyrgyzstan to the United Nations Office at Geneva.

As one of the 192 States parties to the Convention, Kyrgyzstan is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.

When the Committee reconvenes in public at 10 a.m. on Friday, 24 September, it is scheduled to take up the report of Equatorial Guinea (CRC/C/11/Add.26).

Report of Kyrgyzstan

The report, contained in document CRC/C/104/Add.4, outlines the situation of children in Kyrgyzstan, showing how it is related to contemporary social and economic processes, and provides information on the measures taken to fulfil the country’s obligations under the Convention on the Rights of the Child, the progress made, the difficulties encountered, and the plans for further work.

The Minors’ Rights (Protection and Defence) Act, which was adopted in 1999, gives concrete expression to the provisions of the Convention. The Act lays the foundation for the future development of the country’s system for the protection and defence of children’s rights and is also a model for the incorporation of the rules of international law regarding children into domestic law. In addition to the provisions of the Constitution that contain the fundamental principles for the protection of human rights in Kyrgyzstan, there exists a number of laws and regulations aimed at providing additional guarantees of respect for human rights and the rights of the child. The Government has adopted a formal decision on a bill whereby the country will accede to the Optional Protocols to the Convention on the involvement of children in armed conflict, and on the sale of children, child prostitution and child pornography of 25 May 2000 and the bill is now before Parliament. In 2001, the Government approved the “New Generation” State Programme for the Realization of Children’s Rights in the period up to 2010 which aims at creating conditions that will ensure the survival, growth and comprehensive development of all the country’s children, as well as their participation in society, and the reinforcement of ethical values in coming generations.

In recent years, government agencies and non-governmental and international organizations have begun to conduct joint activities on behalf of children. Over 500 family- and child-related non-governmental organizations are registered in Kyrgyzstan. Because of the inadequacy and unreliability of financing, access to education has tended to become more difficult in recent years, especially for the poorer members of society. Since 1999, therefore, students from poorer families have been supported by the State’s Education Fund.

Introduction of Report

ERKINBEK MAMYROV, First Deputy Minister of Justice of Kyrgyzstan, said the problem of the socio-economic protection of children had not yet been fully resolved in Kyrgyzstan and in response the Government had taken several steps to ensure the best interests of the child. Since the submission of the last report in 1999, a great deal had been done by the Government in relation to the protection of children. A social policy to develop the best interests of the child had been adopted and the Government had initiated a State programme in 2002 to protect and defend children. There was also a multi-level programme structured according to the needs of the children in Kyrgyzstan. The special needs of minors, including those who were disabled, were also factored in.

To ensure effective monitoring of the rights of the child, the Government had set up a committee to implement the State programme of 2002; non-governmental organizations (NGOs) had been participating in this committee to ensure inter-sectoral cooperation and to allow for the implementation of Government reforms. The committee was also entrusted to make recommendations to enable the protection of children and to allow them to fully realize their rights.

In recent years, joint measures had been carried out by the Government and NGOs as well as with international organizations, Mr. Mamyrov said. The Government had established a bill concerning the activities of children-related bodies to further its efforts to protect and defend children. Issues concerning public funding were also given the highest priority.

Cases of child abuse had also been monitored closely by the Government and information had been disseminated to the public and the media on such cases. Children were guaranteed education and social benefits regardless of their social conditions, the head of the delegation added. Special education was available for disabled children and orphans and health care were afforded to children in need. Moreover, in 2002 and 2004 several legal steps had been taken, including the Family Code, to protect the rights of the child. The State regrettably was not able to fully implement all legislation due to economic setbacks.

Mr. Mamyrov said information on the Government’s activities in the area of child rights was made available to all relevant bodies nationwide. The Convention was also disseminated to all schools and educators as well as the media. The system of education had been subjected to reform at all levels and student requirements had been taken into account. Efforts had also been taken to bring in line access to education despite certain economic limitations. Moreover, the budget for health services was not sufficient to enable the Government to alleviate all health problems. However, special allowances had been granted to vulnerable groups in society including the physically disabled and orphans. Those living below the poverty line also received a monthly allowance from the Government.

The Government was also monitoring the illegal trade in children as per a new law in 2002, Mr. Mamyrov noted. The Law on Family and Violence prohibited all acts of domestic violence and aimed to protect the young victims. Among other things, the Government had ratified the ILO Convention concerning child labour. Moreover, special attention had been paid to crimes committed by minors. These cases were dealt with separately as per the guidelines of the Convention.

In conclusion, the head of the delegation said there were many problems faced by developing countries such as Kyrgyzstan. However, active support had been offered by several international organizations. Effective operational and multilateral measures had been adopted by the Government in all areas related to child rights and protection which was a testament to its commitment to the Convention.

Questions Raised by Experts

NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of Kyrgyzstan, said Kyrgyzstan was a country in transition which had undergone political change in the early 1990s; these changes had brought enormous opportunities but equally, major constraints. The transition had greatly affected the social welfare system, and the lifestyle of families and children.

The Rapporteur noted that during the reporting period Kyrgyzstan had taken positive moves towards the implementation of the Convention on the Rights of the Child such as the adoption of the National Programme and Plan of Action on the realization of children’s rights. Ms. Vukovic noted with satisfaction that the Government had established ministerial sections to oversee respect for human rights and freedoms and compliance with laws on minors. Also welcomed was the adoption of the Law on the People’s Rights Defenders (Ombudsmen) and the election of the first Ombudsman in November 2002. The State party had also ratified the two Optional Protocols to the Convention.

Despite the many positive steps taken by the Government, the Rapporteur noted that children in Kyrgyzstan still faced enormous problems. The poverty level was striking, the health and education systems were not in satisfactory condition, and violence against children remained a great problem in the country. Moreover, the establishment of guidelines governing foster care, adoption, the protection of street children, the enforcement of labour laws with regard to child labour, the protection of children from sexual exploitation, and the administration of juvenile justice, had not been given sufficient follow up.

The Rapporteur asked the delegation about the measures taken by the Government of Kyrgyzstan to cooperate with non-governmental organizations (NGOs), even when NGO representatives were critical of the Government or did not approve of actions taken by the authorities.

Ms. Vukovic said she was also concerned about violence against children in Kyrgyzstan. On the one hand, there was family violence and on the other hand, there was State violence. She asked what steps had been taken by the State party to assess this situation and to reform it. The Rapporteur was also interested in receiving additional information about the Government’s support to single parent households and children in institutions as well as the conditions of such establishments in general.

MARILIA SARDENBERG, the Committee Expert serving as co-Rapporteur for the report of Kyrgyzstan, said there was a need to change attitudes and behavioural patterns in Kyrgyzstan towards children. In this respect, the Convention might be a useful tool to guide the State party to bring about changes so the Government did not lose sight of this priority to benefit children and the family at large. One way to change attitudes and behaviour was through awareness raising at all levels, she added.

Among the subjects that Ms. Sardenberg sought clarification on were the State party’s “New Generation” programme; the State’s Commission for Family and Youth and the Commission on Minor Affairs; and the Office of the Ombudsman. Specifically, she asked for information on the independence of the Ombudsman in Kyrgyzstan and whether children were allowed to file complaints to this Office.

The Co-Rapporteur also asked what programmes and policies were in place to raise awareness on the need to enforce laws related to children’s rights and protection. Other points she raised dealt with the Government’s Child Code, the Minors Rights Act and the Government’s position to ratify the Ottawa Convention on Landmines. Ms. Sardenberg also asked whether the Government had a poverty reduction strategy.

Other Committee Experts raised questions pertaining to the status of the proposed law on juvenile justice; financial resources; the minimum age of employment and criminal responsibility; nationality and birth registration; and traditional attitudes towards women in Kyrgyzstan. A Committee Expert asked for clarification on the Government’s policy dealing with refugees, particularly refugee children and also refugees coming from Chechnya.

Another Expert asked what measures the Government of Kyrgyzstan had taken to effectively deal with the cases of brutality and violence committed by police forces against street children. The Expert also noted that several judicial cases involving minors had been published in the press and asked what the State party was doing to address this violation to the Convention.

Turing to education, an Expert indicated that according to reports students not only had to pay for their schoolbooks and materials but also were required to pay for any reparations to these items which sometimes amounted to the price of a monthly salary in Kyrgyzstan. More information was sought in this regard.

Response by Delegation

Responding to questions, the delegation said the Ombudsman was elected by the Parliament and reported only to that body. The Ombudsman could be approached directly and there was a Department within the Office of the Ombudsman which dealt specifically with children. There was also a reception centre open during the working week which enabled people to visit or telephone to voice their concerns. The Ombudsman was authorized to attend all ministerial meetings and to visit social institutions and detention centres.

Regarding nationality and birth certificates, the delegation said birth certificates were given to all those who asked for them and the price only covered the cost to print the paper. Local authorities were responsible for the registration of children and the Ministry of Justice was responsible for explaining the process of nationality and birth registration. Citizenship in Kyrgyzstan was based on the citizenship of the parents and required that at least one parent was born in the country.

In response to another question, the delegation said the Government’s Child Code was currently in draft form and was being tabled for future adoption. The idea of the Code was to bring together all normative acts related to the child under one single act. However, a working group had suggested that it was not possible to bring all such normative acts under one code.

Concerning the budget, the delegation said the issue of funding was being introduced as a priority in programmes identified by the Prime Minister while working with the relevant Ministry related to children’s rights. During its transitional stage, the Government had experienced serious economic problems and certain areas had not been paid attention to. The Government had adopted a medium term budget where an increase in social programme spending was envisaged, in particular for the rights of the child.

Generally speaking, the delegation said an agreement had been developed between the Government of Kyrgyzstan and UNICEF in order to help fully realize its “New Generation” programme. Any event or activity related to the programme was spelt out in terms of indicators in order to monitor them and implement the programme effectively. Moreover, a Secretariat was set up to monitor the implementation of the programme.

Concerning disabled children, the delegation drew attention to the Presidential decree which had created a Council for Disabled Children as well as a Government-run programme which aimed to integrate disabled persons into society, including children. Currently the Government was engaged in monitoring how the programme was being implemented. Certain obstacles remained, however, due to financial constraints. Some 55 institutions existed in the country for disabled children. Public organizations also existed, including those for blind children.

The delegation indicated, in response to a question, that the infant and maternal mortality rates had been decreasing largely as a result of the support given to Kyrgyzstan by international organizations. Maternal health education and awareness raising had been carried out. The goal was to provide timely assistance to pregnant women.

On the subject of domestic violence, the delegation said several educational programmes had focused on the strengthening of the family in order to give children greater liberties within the family. Regarding corporal punishment, the delegation noted that this form of punishment did not exist as a system in Kyrgyzstan. However, if there were incidents of this type, steps were taken to deal with the situation; any perpetrators were either punished, dismissed or prosecuted. Moreover, the Criminal Code applied sanctions against acts of this type.

With regard to education, the delegation noted that in recent years there had been a democratization process of the school system whereby school government bodies were established and parents associations were set up where concerns could be voiced. The Ministry of Education had also set up a “hotline” where concerns about the school system could be expressed and which enabled decisions to be taken. There were some 1.1 million students in Kyrgyzstan, many of whom would enter one of several vocational training facilities which the Government had established. The plan of the Government was to increase the number of recently graduated students who entered into vocational training. Since 2002, the Government had introduced the principle of independent assessment of the level of preparation of students and was now been able to establish an assessment of a student’s education level to determine if he or she would be able to attend higher education institutions.

The main problem at present was the quality of education and the professional level of the teachers working in education institutions, the delegation added. There had been a growth in the number of pre-school institutions in Kyrgyzstan and within the next few days the Government would adopt a new measure for additional support for pre-school education. Moreover, education was compulsory and free in Kyrgyzstan. The Government had prepared a special budget appropriation for education; however the budget was still insufficient. In 1990 the Government had adopted a decree whereby parents who wanted to support a school were able to make financial contributions. These contributions were made on a voluntary basis and were not compulsory. In every region there were a number of schools with different levels of education. As a result, a negative trend was unfolding where one school in a community received more students, and therefore more financial contributions, resulting in disparities.

Concerning refugees, the Government had been receiving refugees from Tajikistan and Afghanistan, the delegation noted. Although refugee children had the same rights to education and health services, more than 20 per cent of them did not attend school. The Government had been taking steps to make them aware of their social rights, including education and health. In response to a follow up question, the delegation noted that the Government had not registered any refugees from China. There were Uighurs who had been living in Kyrgyzstan for centuries but the Government had not recorded any acts of Uighurs seeking refugee status.

In response to concerns raised by Committee members concerning the ill-treatment reported to be taking place in psychiatric hospitals, the delegation said that the problem of ill-treatment in these institutions existed. It had been discussed in the Government and measures had in turn been adopted and implemented to deal with this issue.

Turning to the questions raised regarding social institutions for children, the delegation noted that in the past few years, the living conditions of children in these institutions had improved considerably. The Government had published a Family Code and a Bill was being discussed to provide alternative arrangements for a child’s benefits which would lead to improved conditions in these institutions, including foster homes. Social partnerships between the Government and civil society had also resulted in the improvement of social services. Today, there were 11 individual children’s homes in Kyrgyzstan, the delegation noted. Children were often sent to these social institutions when parents were deemed incapable of caring for them. However, as per a programme of social rehabilitation, parents could reclaim custody of their child if the Court deemed them rehabilitated and capable of caring for them.

In reply to other questions, the delegation mentioned that the Office of the Prime Minister had a bureau that dealt with the family, women and children as per the “New Generation” programme. A bureau was also created to deal with illegal trafficking in persons in the Prime Minister’s Office. Moreover, violence against children was handled by the Ministry of Interior and all Government institutions had units devoted to children’s issues. The Government had carried out an awareness raising programme for the prevention of violence against children and special training sessions had been conducted for children themselves in order to increase and ensure their safety.

Concerning the ratification of the Ottawa Landmine Convention, the delegation noted that there had been demining activities occurring along Kyrgyzstan’s border with Uzbekistan. In the past the Government had laid landmines along its borders in order to protect them. The matter of ratifying the Convention was now being studied.

In response to questions raised by the Committee on juvenile justice, the delegation stated that persons were criminally responsible as of the age of 14. Criminal punishment in general was often too harsh and in turn the Government had been taking steps to soften sentences handed down. A law was envisaged to be passed next year which aimed to soften criminal punishment. Moreover, juvenile affairs were handled by general courts. The creation of juvenile courts would not be appropriate from an economic point of view given the number of crimes committed by minors versus adults; crimes committed by minors amounted to only one per cent compared to those committed by the adult population. These figures raised serious doubt about the creation and justifiability of such juvenile courts. In response to a follow up question, the delegation noted that there were more than 1,000 juvenile cases at present and that normal pre-trial detention for juveniles was two months but it could be extended to up to six months.

Concerning child prostitution, the delegation said the problem existed in Kyrgyzstan. It was difficult to identify the number of children involved. However, the Government had been carrying out extensive work to combat this problem; some persons had been brought to justice for sexually exploiting children and awareness campaigns had been launched. Moreover, a coordinating committee had been set up to deal with the eradication of the sexual exploitation of children in addition to the eradication of child labour. The Commission on Women and Child Affairs was also dealing with this issue.

Preliminary Remarks

NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of Kyrgyzstan, said she had been left with the impression that the major constraints for the implementation of the Convention concerned economic setbacks. She noted that corruption within the Government and implementing the rule of law was an area of concern.

Ms. Vukovic indicated that the Committee, in its final observations, would stress that there should be a separate Ombudsman for children, that the State party should strengthen its inter-ministerial cooperation and that it should continue to adopt national legislation related to the rights of the child. The Committee looked forward to seeing a finalized version of the Children’s Act, she added. Among other things, the Committee would stress that there should be specific data collection for children from which concrete strategies could be formed. Health and education issues as well as special protection measures and children in conflict with the law would also be focused on, she added. The Committee hoped that the Government of Kyrgyzstan would create a specialized court to handle juvenile matters.

MARILIA SARDENBERG, the Committee Expert serving as co-Rapporteur for the report of Kyrgyzstan, said that the day-long dialogue between the Committee and the delegation had been constructive and had been a way to identify the positive measures taken by the State party. The dialogue had emphasized that the process to implement the Convention in Kyrgyzstan had been launched.

Ms. Sardenberg emphasized that changing mentality through awareness raising should remain a priority issue for the Government. She noted that the Government was faced with problems of debts and poverty, yet drew attention to the good work already done in relation to children’s rights. Among other things, the training of all professional staff in the area of the Convention remained an area of importance.