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23 May 2000
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CRC
24th Session
23 May 2000
Morning
Government Delegation Queried on Application of Convention in Domestic Law,
Coordinated Responses to Children's Issues
The Committee on the Rights of the Child began review this morning of an initial report of the Kyrgyz Republic, questioning a three-member Government delegation, among other things, on whether the Convention on the Rights of the Child had direct legal force in the country and on the possible creation of a Government agency, such as an Ombudsman's office, to coordinate policies and programmes related to children.
Introducing the report, Nelya Beishenalieva, Minister of Justice of Kyrgyzstan, said the Government was responding, although sometimes in a fragmentary fashion, to the problems faced by Kyrgyz children. She said an increasing number of non-governmental organizations (NGOs) dedicated to child rights ensured open and lively scrutiny of Government programmes, and added that the country's President had declared the year 2000 the "Year of Young People and of Education".
The country's written report to the Committee cites difficulties with tuberculosis, educational funding, and juvenile delinquency, among other problems, and says a decline in the country's economic performance has had widespread negative effects on the Government budget and on society.
Creation of a coordinating body for child affairs was being discussed, Mrs. Beishenalieva said. Under the Kyrgyz Constitution, she said, international treaties ratified by the Government became part of domestic law.
In addition to Mrs. Beishenalieva, the Kyrgyz delegation consisted of Toktobubu Aitikeeva, Chairperson of the President's Commission on Education and Culture, and Tamara Vinnikova, Chairperson of the Government Commission on Minors' Affairs.
As one of the 191 States parties to the Convention on the Rights of the Child, Kyrgyzstan, which acceded to the international treaty in 1994, must file periodic reports with the Committee on the status of the country's children and on efforts to implement the Convention.
The Committee will reconvene at 3 p.m. to continue its discussion with the Kyrgyz delegation.
Initial report of Kyrgyzstan
The report (CRC/C/41/Add.6) reviews implementation of the Convention on an article-by-article basis. The introduction notes, among other things, that the Kyrgyz mass media has broadcast a series of programmes on child rights and on the responsibilities of parents; that there is an Academy of Civil Liberties, an Educational Centre for the Vocational Training of Disabled Children, and a Children's Fund of the Kyrgyz Republic. Child-related matters are the responsibility of a Commission on Families, Youth, and Women and a Commission for Minors.
A chapter on background information remarks, among other things, that there is a "difficult economic situation" and a "sharply reduced budget for health care", although preventive clinics and hospitals still provide a guaranteed amount of free medical attention for children under age 14; that air pollution in cities with large power-industry enterprises often exceeds international norms; that in recent years among adolescents aged 15 to 17 there has been a two-fold increase in the incidence of such illnesses as infectious and parasitogenic diseases, diseases of the endocrine system, and disorders of the immune system; and that the deterioration of the country's socio-economic system has led to an increase in the number of cases of tuberculosis, resulting in the adoption by the Government of a programme through the year 2005 to stabilize the incidence of tuberculosis.
The report also notes that the country's economic difficulties have led to problems in keeping open and in maintaining pre-school facilities, and to difficulties in keeping open and properly equipping schools, which are overcrowded; in addition, the vocational and technical training system has been severely affected. Juvenile crime has increased by 22.6 per cent since 1995, the report adds; many of the crimes are committed by youth who do not go to school, and in response the Government has adopted a Special Decision on juvenile delinquency and has taken further preventive measures aimed, among other things, at improving the circumstances of children and adolescents. There are also problems with neglected children, orphans, and children of single-parent families, according to the report, but recently the economy has improved, leading to greater opportunities for youth to find work.
Introduction of report
NELYA BEISHENALIEVA, Minister of Justice of the Kyrgyz Republic, said Kyrgyzstan had acceded to the Convention in 1994, and the report dealt honestly with the problems the country was facing. An annex at the end of the document listed legislation and other normative acts intended to carry out the principles of the Convention. The country had seriously attempted to deal with the problems experienced by children, but admittedly in a sometimes fragmentary fashion -- there were many difficulties. Implementation of legislation and normative acts was a challenge; the Government did not simply wish to pass laws, it wished to apply them.
Civil society was expanding, Mrs. Beishenalieva said; since the report was prepared in 1997, the number of non-governmental organizations (NGOs) had greatly expanded, including the number focusing on matters related to children, which now was over 100. Such very sensitive topics as torture of children, rape of children, and criminal behaviour by children were now openly talked about and written about in the media, partly as a result of the vociferous debate led by NGOs. Although such offenses were rare, they were no longer hidden, and the Government investigated all allegations. The country's President constantly monitored issues related to the rights of the child, and had declared that the year 2000 would be the "Year of Young People and of Education".
Discussion
Discussion during the morning meeting centred on implementation measures, definition of the child, general principles, and civil rights and freedoms.
Members of the Kyrgyz delegation, responding to questions from Committee experts, said, among other things, that the Constitution of the country stated that all international treaties ratified by the Government were an integral part of Kyrgyzstan's legislation; on the other hand, the Convention's provisions had not been completely implemented, although many national laws had been modified to reflect the Convention's standards, and many new laws had been passed to further implement the Convention. Direct invocation of the Convention in the courts was extremely rare, probably because judges were used to the specifics and concrete standards of domestic law. But the principles of the Convention were reflected in domestic law, and so were applied in practice.
The Government's training centre for judges conducted courses on the standards of the Convention and on its application in court, the delegation said, and it was expected that greater specific reference to the Convention would be made in the future in judicial decisions.
The creation of a coordinating body on the subject of child rights was being discussed, the delegation said. Meanwhile, the State Commission on Families, Youth and Women dealt with such matters. Other ministries, such as that for education, dealt with issues related to children within their areas of competence. The Government and NGOs carried out monitoring of the situation of children around the country.
A draft bill on human rights was being discussed by Parliament, the delegation said; and a group of deputies was working on possible alternative legislation; creation of a national institution for human rights or a human-rights ombudsman could well lead to establishment of a comparable office or agency for child rights.
Currently, the court system and its judges were placing emphasis on the circumstances and backgrounds of minors charged with crimes, the delegation said; the causes of juvenile delinquency were receiving greater attention. All provisions of the Convention were binding for all State agencies and all citizens.
Obstacles to the implementation of the Convention included some lack of awareness among citizens and State officials, in part because of the continuing democratic transformation taking place in the country, the delegation said. Legal and cultural prerequisites for application of the Convention existed. A single, unified compendium of all legislation and regulations related to children was viewed by a number of legislators as a redundant activity; nevertheless the Government was working towards such an approach and could succeed in the future.
A "children's week" was held every year, and focused on a specific article of the Convention, the delegation said; last year, it was the right to live in a family; this year it was the right to education and the right to an opinion. Public discussions and activities were held, and the mass media participated.
The State Commission on Families, Youth and Women had ministerial status and had the power to direct relevant ministries to deal with problems related to children, the delegation said; in practice, however, the staff of the Commission was small and could not keep up with a heavy and expanding workload.
The financial difficulties of Kyrgyzstan and other "transition countries" were well-known, the delegation said; the Government had taken a number of measures to cushion children from the negative effects of the financial crisis. Matters had been worst in 1992-93; then, the number of children not attending school reached 23,000; a special programme had been prepared to increase access to education, stressing basic education for the socially excluded. Since then, access to education had improved year by year. The number of those not attending school had been reduced to a fifth or a sixth of the level of 1992-93. Currently the greatest difficulties were in providing education for disabled children. Help from the Asian Development Bank had been used to augment educational programmes. The educational budget had been cut in the last few years by 3 per cent, but the budget for primary education had not been cut.
Cruelty, violence, sexual exploitation, and other crimes committed against children were monitored by the Government, the delegation said; the Commission for Minors discussed such matters and also kept an eye on issues of education and on the operation of institutions for children. There was concern that on occasion, often for lack of money, children were kept for unsuitably long periods in detention, sometimes as long as a month. In general, there were not a lot of complaints from minors that their rights had been violated, but when they did complain, anyone found responsible for an actual violation of child rights was punished under relevant laws.
The country's economic situation was complicated, the delegation said, but the programmes being adopted would enable the country to deal with its economic problems in a balanced way; Government policy and distribution of funding ensured that children were treated equally throughout the country -- there was no discrimination.
The Code on the Family established a minimum age of marriage of 18, although under certain circumstances, age 17 was allowed for girls, the delegation said; there was no exception, it was true, for boys under 18.
Discrimination against girls did exist, the delegation said; for example, in the past there had been a tradition of kidnapping of brides; that did not occur now, but to some extent there could be intimidation; real kidnappings were very rare and were illegal.
Abortions were performed privately, the delegation said; although they used to be illegal, abortions were now allowed; women could make their decisions independently.
A "minor" was someone who had not reached age 18, the delegation said.
One cause for lack of school attendance was that parents did not want their children to go to school, the delegation said; also, many children worked and did not want to attend. There also were a number of drop-outs from dysfunctional families -- broken homes and families where parents had alcohol or drug problems. It was difficult for the State to cure the problems of broken families; parents had to want their children to be educated for Government efforts to succeed. Abandoned children existed; the number was not high, but every case was a small tragedy; it generally occurred that abandoned children did not go to school. On the other hand, many school graduates went on to university, and many parents were very supportive; they found a way for their children to continue their educations even if they were short of money. There were problems in providing education for disabled children, and social attitudes towards the disabled needed to be changed.
Kyrgyz children were expected, by tradition, to obey their parents, the delegation said; on the other hand, by tradition children were the most valuable members of the family -- they were sometimes called the "kings" of the family -- and parents were expected to do everything possible for their children's welfare.
* *** *
24th Session
23 May 2000
Morning
Government Delegation Queried on Application of Convention in Domestic Law,
Coordinated Responses to Children's Issues
The Committee on the Rights of the Child began review this morning of an initial report of the Kyrgyz Republic, questioning a three-member Government delegation, among other things, on whether the Convention on the Rights of the Child had direct legal force in the country and on the possible creation of a Government agency, such as an Ombudsman's office, to coordinate policies and programmes related to children.
Introducing the report, Nelya Beishenalieva, Minister of Justice of Kyrgyzstan, said the Government was responding, although sometimes in a fragmentary fashion, to the problems faced by Kyrgyz children. She said an increasing number of non-governmental organizations (NGOs) dedicated to child rights ensured open and lively scrutiny of Government programmes, and added that the country's President had declared the year 2000 the "Year of Young People and of Education".
The country's written report to the Committee cites difficulties with tuberculosis, educational funding, and juvenile delinquency, among other problems, and says a decline in the country's economic performance has had widespread negative effects on the Government budget and on society.
Creation of a coordinating body for child affairs was being discussed, Mrs. Beishenalieva said. Under the Kyrgyz Constitution, she said, international treaties ratified by the Government became part of domestic law.
In addition to Mrs. Beishenalieva, the Kyrgyz delegation consisted of Toktobubu Aitikeeva, Chairperson of the President's Commission on Education and Culture, and Tamara Vinnikova, Chairperson of the Government Commission on Minors' Affairs.
As one of the 191 States parties to the Convention on the Rights of the Child, Kyrgyzstan, which acceded to the international treaty in 1994, must file periodic reports with the Committee on the status of the country's children and on efforts to implement the Convention.
The Committee will reconvene at 3 p.m. to continue its discussion with the Kyrgyz delegation.
Initial report of Kyrgyzstan
The report (CRC/C/41/Add.6) reviews implementation of the Convention on an article-by-article basis. The introduction notes, among other things, that the Kyrgyz mass media has broadcast a series of programmes on child rights and on the responsibilities of parents; that there is an Academy of Civil Liberties, an Educational Centre for the Vocational Training of Disabled Children, and a Children's Fund of the Kyrgyz Republic. Child-related matters are the responsibility of a Commission on Families, Youth, and Women and a Commission for Minors.
A chapter on background information remarks, among other things, that there is a "difficult economic situation" and a "sharply reduced budget for health care", although preventive clinics and hospitals still provide a guaranteed amount of free medical attention for children under age 14; that air pollution in cities with large power-industry enterprises often exceeds international norms; that in recent years among adolescents aged 15 to 17 there has been a two-fold increase in the incidence of such illnesses as infectious and parasitogenic diseases, diseases of the endocrine system, and disorders of the immune system; and that the deterioration of the country's socio-economic system has led to an increase in the number of cases of tuberculosis, resulting in the adoption by the Government of a programme through the year 2005 to stabilize the incidence of tuberculosis.
The report also notes that the country's economic difficulties have led to problems in keeping open and in maintaining pre-school facilities, and to difficulties in keeping open and properly equipping schools, which are overcrowded; in addition, the vocational and technical training system has been severely affected. Juvenile crime has increased by 22.6 per cent since 1995, the report adds; many of the crimes are committed by youth who do not go to school, and in response the Government has adopted a Special Decision on juvenile delinquency and has taken further preventive measures aimed, among other things, at improving the circumstances of children and adolescents. There are also problems with neglected children, orphans, and children of single-parent families, according to the report, but recently the economy has improved, leading to greater opportunities for youth to find work.
Introduction of report
NELYA BEISHENALIEVA, Minister of Justice of the Kyrgyz Republic, said Kyrgyzstan had acceded to the Convention in 1994, and the report dealt honestly with the problems the country was facing. An annex at the end of the document listed legislation and other normative acts intended to carry out the principles of the Convention. The country had seriously attempted to deal with the problems experienced by children, but admittedly in a sometimes fragmentary fashion -- there were many difficulties. Implementation of legislation and normative acts was a challenge; the Government did not simply wish to pass laws, it wished to apply them.
Civil society was expanding, Mrs. Beishenalieva said; since the report was prepared in 1997, the number of non-governmental organizations (NGOs) had greatly expanded, including the number focusing on matters related to children, which now was over 100. Such very sensitive topics as torture of children, rape of children, and criminal behaviour by children were now openly talked about and written about in the media, partly as a result of the vociferous debate led by NGOs. Although such offenses were rare, they were no longer hidden, and the Government investigated all allegations. The country's President constantly monitored issues related to the rights of the child, and had declared that the year 2000 would be the "Year of Young People and of Education".
Discussion
Discussion during the morning meeting centred on implementation measures, definition of the child, general principles, and civil rights and freedoms.
Members of the Kyrgyz delegation, responding to questions from Committee experts, said, among other things, that the Constitution of the country stated that all international treaties ratified by the Government were an integral part of Kyrgyzstan's legislation; on the other hand, the Convention's provisions had not been completely implemented, although many national laws had been modified to reflect the Convention's standards, and many new laws had been passed to further implement the Convention. Direct invocation of the Convention in the courts was extremely rare, probably because judges were used to the specifics and concrete standards of domestic law. But the principles of the Convention were reflected in domestic law, and so were applied in practice.
The Government's training centre for judges conducted courses on the standards of the Convention and on its application in court, the delegation said, and it was expected that greater specific reference to the Convention would be made in the future in judicial decisions.
The creation of a coordinating body on the subject of child rights was being discussed, the delegation said. Meanwhile, the State Commission on Families, Youth and Women dealt with such matters. Other ministries, such as that for education, dealt with issues related to children within their areas of competence. The Government and NGOs carried out monitoring of the situation of children around the country.
A draft bill on human rights was being discussed by Parliament, the delegation said; and a group of deputies was working on possible alternative legislation; creation of a national institution for human rights or a human-rights ombudsman could well lead to establishment of a comparable office or agency for child rights.
Currently, the court system and its judges were placing emphasis on the circumstances and backgrounds of minors charged with crimes, the delegation said; the causes of juvenile delinquency were receiving greater attention. All provisions of the Convention were binding for all State agencies and all citizens.
Obstacles to the implementation of the Convention included some lack of awareness among citizens and State officials, in part because of the continuing democratic transformation taking place in the country, the delegation said. Legal and cultural prerequisites for application of the Convention existed. A single, unified compendium of all legislation and regulations related to children was viewed by a number of legislators as a redundant activity; nevertheless the Government was working towards such an approach and could succeed in the future.
A "children's week" was held every year, and focused on a specific article of the Convention, the delegation said; last year, it was the right to live in a family; this year it was the right to education and the right to an opinion. Public discussions and activities were held, and the mass media participated.
The State Commission on Families, Youth and Women had ministerial status and had the power to direct relevant ministries to deal with problems related to children, the delegation said; in practice, however, the staff of the Commission was small and could not keep up with a heavy and expanding workload.
The financial difficulties of Kyrgyzstan and other "transition countries" were well-known, the delegation said; the Government had taken a number of measures to cushion children from the negative effects of the financial crisis. Matters had been worst in 1992-93; then, the number of children not attending school reached 23,000; a special programme had been prepared to increase access to education, stressing basic education for the socially excluded. Since then, access to education had improved year by year. The number of those not attending school had been reduced to a fifth or a sixth of the level of 1992-93. Currently the greatest difficulties were in providing education for disabled children. Help from the Asian Development Bank had been used to augment educational programmes. The educational budget had been cut in the last few years by 3 per cent, but the budget for primary education had not been cut.
Cruelty, violence, sexual exploitation, and other crimes committed against children were monitored by the Government, the delegation said; the Commission for Minors discussed such matters and also kept an eye on issues of education and on the operation of institutions for children. There was concern that on occasion, often for lack of money, children were kept for unsuitably long periods in detention, sometimes as long as a month. In general, there were not a lot of complaints from minors that their rights had been violated, but when they did complain, anyone found responsible for an actual violation of child rights was punished under relevant laws.
The country's economic situation was complicated, the delegation said, but the programmes being adopted would enable the country to deal with its economic problems in a balanced way; Government policy and distribution of funding ensured that children were treated equally throughout the country -- there was no discrimination.
The Code on the Family established a minimum age of marriage of 18, although under certain circumstances, age 17 was allowed for girls, the delegation said; there was no exception, it was true, for boys under 18.
Discrimination against girls did exist, the delegation said; for example, in the past there had been a tradition of kidnapping of brides; that did not occur now, but to some extent there could be intimidation; real kidnappings were very rare and were illegal.
Abortions were performed privately, the delegation said; although they used to be illegal, abortions were now allowed; women could make their decisions independently.
A "minor" was someone who had not reached age 18, the delegation said.
One cause for lack of school attendance was that parents did not want their children to go to school, the delegation said; also, many children worked and did not want to attend. There also were a number of drop-outs from dysfunctional families -- broken homes and families where parents had alcohol or drug problems. It was difficult for the State to cure the problems of broken families; parents had to want their children to be educated for Government efforts to succeed. Abandoned children existed; the number was not high, but every case was a small tragedy; it generally occurred that abandoned children did not go to school. On the other hand, many school graduates went on to university, and many parents were very supportive; they found a way for their children to continue their educations even if they were short of money. There were problems in providing education for disabled children, and social attitudes towards the disabled needed to be changed.
Kyrgyz children were expected, by tradition, to obey their parents, the delegation said; on the other hand, by tradition children were the most valuable members of the family -- they were sometimes called the "kings" of the family -- and parents were expected to do everything possible for their children's welfare.
* *** *