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23 August 2000
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CESCR
23rd session
23 August 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning began its consideration of the initial report of Kyrgyzstan on how that country was complying with the rights and guarantees contained within the International Covenant on Economic, Social and Cultural Rights.
The Kyrgyz delegation, consisting of members of the Kyrgyzstan Mission in Geneva, told Committee experts that the Government wanted to send a high-level delegation from the capital, but was unable to do so because of terrorist activity by armed bands that had recently entered the country. International terrorists were threatening the democratic systems of Kyrgyzstan and its neighbours in Central Asia, and aid from the international community was needed.
Despite some economic hardships, the delegation said, Kyrgyzstan had begun to provide a more favourable environment for the creation of small- and medium-sized businesses. Local farms were producing large percentages of potatoes, grains, vegetables, and livestock. In 1999, the GDP grew by 3.6 per cent, and by 7.8 per cent in the first half of this year. Inflation had decreased this year.
Education, the delegation said, was guaranteed for all. One-third of the population was now studying in schools -- there were 2,017 schools of various forms and types, and the number of pupils was more than 1.2 million.
Responding to questions posed by Committee experts, the delegation said a National Commission had been established to ensure the proper functioning of the machinery for the implementation of the rights guaranteed in the treaty. Further, there was a Committee on Human Rights that would be able to initiate legislation.
Asked about the status of the Russian language, the delegation said a law was enacted giving Russian the status of an official language. Most of the population, about 40 per cent, did in fact communicate in Russian. It was more convenient for the people for uses like documentation.
Committee members asked questions about the court system, particularly about the impartiality of judges; the country's external debt burden and how it affected implementation of rights guaranteed in the treaty; how Kyrgyzstan coped with the economic crisis of 1998; laws ensuring non-discrimination, including discrimination against women, particularly in the areas of employment and higher education; discrimination against homosexuals and lesbians; and female representation in Government.
When the Committee reconvenes at 3 p.m. this afternoon, it will continue its consideration of the report of Kyrgyzstan.
Report of Kyrgyzstan
The initial report of Kyrgyzstan details, on an article-by-article basis, how that country complies with the rights embodied in the International Covenant on Economic, Social and Cultural Rights, to which it acceded in October 1994.
The report gives a general outline of the status of citizens in the Kyrgyz Republic, reflecting the interrelationship with current social and economic processes. It also analyzes the basic legislative instruments of the Kyrgyz Republic, including the laws of the Kyrgyz Soviet Socialist Republic and the USSR still in force, as well as legislation adopted in the process of implementing the treaty.
Introduction of Report of Kyrgyzstan
MUKTAR JAMALIEV, First Secretary of the Kyrgyzstan Mission and head of the delegation, said unfortunately, an official high-level delegation was not able to come from Kyrgyzstan. One was supposed to come, but given recent events that were still continuing, the visit had to be cancelled. This was due to armed bands entering the country. International terrorists were threatening the democratic systems of Kyrgyzstan, and other countries in Central Asia. The international community was requested to help put an end to this threat.
Despite some economic hardships, the country had begun to provide a more favourable environment for the creation of small- and medium-sized business. Local farms were producing large amounts of potatoes, grains, vegetables, and livestock. In 1999, the GDP grew by 3.6 per cent, and by 7.8 per cent in the first half of this year. Inflation had decreased this year. The population of the Republic was 4.8 million, and there was a steady upward trend. There was education for all. One-third of the population was now studying in schools -- there were 2,017 schools of various forms and types, and the number of pupils was more than 1.2 million.
Discussion
Committee experts asked the delegation what mechanisms were in place to guarantee that the rights in the Covenant were practised in the domestic laws of the country. The delegation said a National Commission had been established to ensure the rights. The Commission was created by a Presidential decree, and consisted of 13 members whose main objective was to ensure the proper functioning of the machinery for implementation of the rights guaranteed in the treaty. There was also a Committee on Human Rights, established this year, that was able to initiate legislation.
Asked about the status of the Russian language, the delegation said a law was enacted giving Russian the status of an official language. Most of the population, about 40 per cent, did in fact communicate in Russian. It was more convenient for the people for uses like documentation.
Experts also focused on the courts in Kyrgyzstan, asking the delegation about the manner in which judges were appointed, the terms of their appointment, and their impartiality.
Concerning the status and independence of judges, the delegation noted that judges were appointed by the President for terms initially of three years, and then later seven years. Tenure was recently implemented for them.
Asked further about the judges' impartiality, the delegation said there were many cases of corruption in the Government in court which showed there was no pressure from the Government on judges.
All questions and complaints about possible human rights violations were dealt with right away, and addressed in courts when necessary.
Experts questioned the delegation about Kyrgyzstan's external debt burden.
The delegation said the country had an external debt of more than $1.5 billion. It was extended credit by the World Bank and the International Monetary Fund. There were cases when money did not produce the desired impact. Any matters involving that were referred to the courts for criminal proceedings. The President had focused on fighting corruption.
Committee experts queried the delegation about the successes and difficulties of guaranteeing the rights of the treaty since the country gained its independence.
The economic crisis of the world financial markets in 1998 had a negative impact on the Kyrgyzstan economy, the delegation said. Inflation was 18.4 per cent. Stabilization measures, short-, medium- and long-term schemes were immediately enacted. Decisions were made to promote exports, and to improve the taxation situation. One of the main tasks of the Government was to ensure transparency of all actions taken by Ministers and other Government officials. All of these measures should produce positive results in the near future. The microeconomic environment had substantially improved -- there had been positive signs in the economic indicators.
There were questions about the actual realization of rights relating to non-discrimination. The delegation said all members of the Kyrgyz society enjoyed all basic freedoms without discrimination. The Government had developed a law ensuring gender equality that included provisions about domestic violence. The law was drafted in consultation with non-governmental organizations (NGOs). There was a platform adopted for gender equality in the country, and the 12 priorities from that platform were being put into the domestic laws.
The delegation said a large percentage of state funding was earmarked for women to help them find employment. Asked about the declining number of women attending higher education classes, the delegation said there were no quotas, but there was no real discrimination against women in education. Once market reforms were underway, most of the population decided that higher education was not essential to earn a good living. People started to establish their own businesses. Many people, not only women, began to show less interest in higher education.
Experts asked if there were any court decisions which limited or violated a citizens' right under the Covenant. The delegation said that any violation of a persons rights could be appealed by the person. If there were questions about constitutionality, there was a Constitutional Court that could answer those questions. When a person did not have the resources for a legal defense, the State would pay for it. The burden of proof was on the prosecutors.
Asked about discrimination against homosexuals and lesbians, the delegation said they were protected within the penal code. But in the new penal code, this was going to be dropped. When the changes were completed, the delegation said it would forward them to the Committee.
Women were active in Government, the delegation said. There were women ministers and deputy prime ministers. The Government was considering introducing women in public service and in State bodies. The situation there was already better than it was in many neighbouring countries. Females were well-represented in businesses in Kyrgyzstan as well.
Asked about discrimination in employment, the delegation said anyone who had been discriminated against in employment could file a complaint with the courts, and could seek compensation for damages. If it was found that there was discrimination in hiring or in dismissals, this could also be referred to the courts.
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23rd session
23 August 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning began its consideration of the initial report of Kyrgyzstan on how that country was complying with the rights and guarantees contained within the International Covenant on Economic, Social and Cultural Rights.
The Kyrgyz delegation, consisting of members of the Kyrgyzstan Mission in Geneva, told Committee experts that the Government wanted to send a high-level delegation from the capital, but was unable to do so because of terrorist activity by armed bands that had recently entered the country. International terrorists were threatening the democratic systems of Kyrgyzstan and its neighbours in Central Asia, and aid from the international community was needed.
Despite some economic hardships, the delegation said, Kyrgyzstan had begun to provide a more favourable environment for the creation of small- and medium-sized businesses. Local farms were producing large percentages of potatoes, grains, vegetables, and livestock. In 1999, the GDP grew by 3.6 per cent, and by 7.8 per cent in the first half of this year. Inflation had decreased this year.
Education, the delegation said, was guaranteed for all. One-third of the population was now studying in schools -- there were 2,017 schools of various forms and types, and the number of pupils was more than 1.2 million.
Responding to questions posed by Committee experts, the delegation said a National Commission had been established to ensure the proper functioning of the machinery for the implementation of the rights guaranteed in the treaty. Further, there was a Committee on Human Rights that would be able to initiate legislation.
Asked about the status of the Russian language, the delegation said a law was enacted giving Russian the status of an official language. Most of the population, about 40 per cent, did in fact communicate in Russian. It was more convenient for the people for uses like documentation.
Committee members asked questions about the court system, particularly about the impartiality of judges; the country's external debt burden and how it affected implementation of rights guaranteed in the treaty; how Kyrgyzstan coped with the economic crisis of 1998; laws ensuring non-discrimination, including discrimination against women, particularly in the areas of employment and higher education; discrimination against homosexuals and lesbians; and female representation in Government.
When the Committee reconvenes at 3 p.m. this afternoon, it will continue its consideration of the report of Kyrgyzstan.
Report of Kyrgyzstan
The initial report of Kyrgyzstan details, on an article-by-article basis, how that country complies with the rights embodied in the International Covenant on Economic, Social and Cultural Rights, to which it acceded in October 1994.
The report gives a general outline of the status of citizens in the Kyrgyz Republic, reflecting the interrelationship with current social and economic processes. It also analyzes the basic legislative instruments of the Kyrgyz Republic, including the laws of the Kyrgyz Soviet Socialist Republic and the USSR still in force, as well as legislation adopted in the process of implementing the treaty.
Introduction of Report of Kyrgyzstan
MUKTAR JAMALIEV, First Secretary of the Kyrgyzstan Mission and head of the delegation, said unfortunately, an official high-level delegation was not able to come from Kyrgyzstan. One was supposed to come, but given recent events that were still continuing, the visit had to be cancelled. This was due to armed bands entering the country. International terrorists were threatening the democratic systems of Kyrgyzstan, and other countries in Central Asia. The international community was requested to help put an end to this threat.
Despite some economic hardships, the country had begun to provide a more favourable environment for the creation of small- and medium-sized business. Local farms were producing large amounts of potatoes, grains, vegetables, and livestock. In 1999, the GDP grew by 3.6 per cent, and by 7.8 per cent in the first half of this year. Inflation had decreased this year. The population of the Republic was 4.8 million, and there was a steady upward trend. There was education for all. One-third of the population was now studying in schools -- there were 2,017 schools of various forms and types, and the number of pupils was more than 1.2 million.
Discussion
Committee experts asked the delegation what mechanisms were in place to guarantee that the rights in the Covenant were practised in the domestic laws of the country. The delegation said a National Commission had been established to ensure the rights. The Commission was created by a Presidential decree, and consisted of 13 members whose main objective was to ensure the proper functioning of the machinery for implementation of the rights guaranteed in the treaty. There was also a Committee on Human Rights, established this year, that was able to initiate legislation.
Asked about the status of the Russian language, the delegation said a law was enacted giving Russian the status of an official language. Most of the population, about 40 per cent, did in fact communicate in Russian. It was more convenient for the people for uses like documentation.
Experts also focused on the courts in Kyrgyzstan, asking the delegation about the manner in which judges were appointed, the terms of their appointment, and their impartiality.
Concerning the status and independence of judges, the delegation noted that judges were appointed by the President for terms initially of three years, and then later seven years. Tenure was recently implemented for them.
Asked further about the judges' impartiality, the delegation said there were many cases of corruption in the Government in court which showed there was no pressure from the Government on judges.
All questions and complaints about possible human rights violations were dealt with right away, and addressed in courts when necessary.
Experts questioned the delegation about Kyrgyzstan's external debt burden.
The delegation said the country had an external debt of more than $1.5 billion. It was extended credit by the World Bank and the International Monetary Fund. There were cases when money did not produce the desired impact. Any matters involving that were referred to the courts for criminal proceedings. The President had focused on fighting corruption.
Committee experts queried the delegation about the successes and difficulties of guaranteeing the rights of the treaty since the country gained its independence.
The economic crisis of the world financial markets in 1998 had a negative impact on the Kyrgyzstan economy, the delegation said. Inflation was 18.4 per cent. Stabilization measures, short-, medium- and long-term schemes were immediately enacted. Decisions were made to promote exports, and to improve the taxation situation. One of the main tasks of the Government was to ensure transparency of all actions taken by Ministers and other Government officials. All of these measures should produce positive results in the near future. The microeconomic environment had substantially improved -- there had been positive signs in the economic indicators.
There were questions about the actual realization of rights relating to non-discrimination. The delegation said all members of the Kyrgyz society enjoyed all basic freedoms without discrimination. The Government had developed a law ensuring gender equality that included provisions about domestic violence. The law was drafted in consultation with non-governmental organizations (NGOs). There was a platform adopted for gender equality in the country, and the 12 priorities from that platform were being put into the domestic laws.
The delegation said a large percentage of state funding was earmarked for women to help them find employment. Asked about the declining number of women attending higher education classes, the delegation said there were no quotas, but there was no real discrimination against women in education. Once market reforms were underway, most of the population decided that higher education was not essential to earn a good living. People started to establish their own businesses. Many people, not only women, began to show less interest in higher education.
Experts asked if there were any court decisions which limited or violated a citizens' right under the Covenant. The delegation said that any violation of a persons rights could be appealed by the person. If there were questions about constitutionality, there was a Constitutional Court that could answer those questions. When a person did not have the resources for a legal defense, the State would pay for it. The burden of proof was on the prosecutors.
Asked about discrimination against homosexuals and lesbians, the delegation said they were protected within the penal code. But in the new penal code, this was going to be dropped. When the changes were completed, the delegation said it would forward them to the Committee.
Women were active in Government, the delegation said. There were women ministers and deputy prime ministers. The Government was considering introducing women in public service and in State bodies. The situation there was already better than it was in many neighbouring countries. Females were well-represented in businesses in Kyrgyzstan as well.
Asked about discrimination in employment, the delegation said anyone who had been discriminated against in employment could file a complaint with the courts, and could seek compensation for damages. If it was found that there was discrimination in hiring or in dismissals, this could also be referred to the courts.
* *** *