Human Dimension Conference, OSCE ODIHR October 4, 2022. Side-Event: "Internal and External Challenges, including border conflicts and access to justice, and their impact on gender in the Cent
Окт 10.2022
Watch the program
Watch the presentation
Human Rights Movement "Bir Duino-Kyrgyzstan"
Respect for the right to freedom of association is mandatory to guarantee the work of women human rights defenders, activists, and journalists.
In recent years, the tendency to limit the political space for NGOs and human rights defenders has intensified in Kyrgyzstan due to the desire of the ruling groups to strengthen their positions and usurp power. Over the past 10 years, the Parliament and Government of the KR have promoted a bill on foreign agents several times. Many of these initiatives were influenced by the integration processes of rapprochement with Russia and joining the EEU, copying of Russian legislation aimed at suppressing civil society and the persecution of human rights defenders. Due to the wide representation of the non-governmental and human rights sector by women, women human rights defenders and civil society activists were very often subjected to pressure and harassment.
On 17 June 2021 Jogorku Kenesh of the Kyrgyz Republic (Parliament) amended the Law on Non-Profit Organizations, establishing additional discriminatory reporting requirements for non-profit organizations. In accordance with the legislation, NGOs whose activities are funded by donor organizations are required to annually provide information on the sources of funding, the purpose of their expenditure, as well as information on acquired, used and alienated property on the website of the tax authority by 1 April. The tax authority may apply to the court with an application for compulsory liquidation of a legal entity in case of failure to submit reports within 1 year.
Prior to this change, the tax authority could apply for compulsory liquidation of a legal entity if they did not provide a report within two years. I.e., the new changes reduced the term to one year. The amendments made do not apply to religious organizations, political parties and trade unions.
When this draft law was initiated, civil society organizations criticized it, stating that the law would be used against human rights organizations and human rights defenders who oppose illegal actions and anti-democratic initiatives of the authorities. In order to protect the constitutional rights of citizens to freedom of association, the Human Rights Movement "Bir Duino Kyrgyzstan" appealed to the judicial authorities with a request to declare the amendments invalid, due to the lack of the required quorum of deputies at the moment of its adoption.
Chronology of trials:
- On 16 August 2021, the Human Rights Movement "Bir Duino-Kyrgyzstan" filed a lawsuit with the Administrative Court of Bishkek;
- On 20 August 2021, the Bishkek City Administrative Court, by its ruling, refused to accept the administrative claim of the Human Rights Movement "Bir Duino-Kyrgyzstan", arguing that the parliament is not an administrative body whose actions and acts could be challenged in an Administrative Court;
- On 5 October 2021, the Human Rights Movement "Bir Duino-Kyrgyzstan" filed an appeal with the Bishkek City Court. In paragraph 5 of Article 3 of the Administrative Procedure Code, when defining the concept of an administrative body, along with a state executive authority and an executive body of local self-government, the bodies that are legally empowered to permanently or temporarily carry out administrative procedures are also indicated. In accordance with paragraph 9 of this article, an administrative procedure is the actions of an administrative body to establish, change or terminate rights and (or) obligations. It should be noted that the Parliament, having adopted the contested law, established additional obligations for non-profit organizations to provide reports and deadlines for the forced liquidation of non-profit organizations;
- On 28 October 2021, the Bishkek City Court, by its ruling, upheld the ruling of the Bishkek Administrative Court dd 20 August 2021. As a justification, in addition to the reasoning of the court of first instance, it is stated that the actions of the parliament indicated in the private complaint are purely procedural in nature;
- On 17 November 2021, the Human Rights Movement "Bir Duino-Kyrgyzstan" filed a cassation appeal to the Supreme Court.
- On 20 January 2022, the Supreme Court, by its decision, upheld the ruling of the Bishkek Administrative Court dd 20 August 2021 and the ruling of the Bishkek City Court dd 28 October 2021. As a justification, it indicated the same motives as the courts of the first and second instances.
According to the national legislation, effective domestic remedies are courts of first, second and cassation instances. The Human Rights Movement "Bir Duino-Kyrgyzstan" has exhausted these remedies at the national level. Unfortunately, the court sessions were of a formal nature, and the courts refused to satisfy our appeals, thereby limiting our access to fair justice.
Currently, the HRM "Bir Duino Kyrgyzstan" intends to continue defending the right to freedom of association by appealing to the UN Human Rights Committee, in order for the adopted amendments to the Law on Non-Profit Organizations to be recognized as non-compliant with the Constitution of the Kyrgyz Republic and the ICCPR, thereby protecting the constitutional right of citizens to freedom of association. The Working Group on development of recommendations within the framework of the Universal Periodic Review for Kyrgyzstan outlined the need to bring the legislation on NGOs in accordance with international norms and standards to ensure the right of citizens to freedom of association.
It is necessary to do the following:
- The state and local authorities of the Kyrgyz Republic should create favorable conditions for the work of NGOs in accordance with principle 2 (the duty of the State to respect, protect and promote the exercise of the right to freedom of association) and other principles provided for in the OSCE/ODIHR Guidelines on Freedom of Association;
- Restore the violated rights to freedom of association by repealing the adopted amendments to the law on NGOs;
- In accordance with the OSCE/ODIHR Guidelines on Freedom of Association, ensure that associations, their founders and members, as well as individuals seeking to exercise their right to freedom of association, have access to effective remedies in order to challenge or seek review of decisions affecting the exercise of their rights;
- State bodies should abandon initiatives to promote and adopt unconstitutional laws aimed at restricting the basic civil and political rights of citizens, including freedom of association;
- Follow the recommendations of the Venice Commission [1]in the future when initiating amendments affecting freedom of association;
- Put an end to excessive control and undue interference in the activities of NGOs, as well as intimidation and harassment of individuals and groups that deal with human rights issues;
- The Jogorku Kenesh and Government of the Kyrgyz Republic should support initiatives to adopt national legislation to protect the rights of human rights defenders in accordance with the UN Declaration on Human Rights Defenders, the EU Guidelines on Human Rights Defenders and the OSCE Guidelines on the Protection of Human Rights Defenders.
[1] http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-PI(2016)009-e
Warsaw Human Dimension Conference, OSCE/ODIHR
Jamilia Kaparova, gender expert, Director of the NGO Ensan Diamond. Kyrgyzstan.
Participation of women and women's organizations in building peace and border conflicts using the example of Kyrgyzstan.
Localization of Action Plans for the implementation of the UN Security Council Resolution 1325
The Kyrgyz Republic, being a party to many international agreements and conventions on the promotion of women's rights and interests, has recently been paying significant attention to the participation of women in local and State affairs.
It is currently impossible to overestimate the role of women in various spheres of public life of the Kyrgyz Republic. Women are playing an increasingly prominent role in improving security and peace-building.
Non-governmental organizations, including women's NGOs, on the contrary, have demonstrated the ability and skills of resource mobilization, conflict prevention in emergency situations and in situations of armed conflict, as well as peace-building.
Positive experience of Kyrgyz women’s participation in conflict prevention and resolution.
In Kyrgyzstan, women's experience of participation in the prevention and resolution of conflicts, as well as in post-conflict recovery and development is important (Osh, southern Kyrgyzstan, 2010). The conflict had clear gender consequences: women were subjected to sexual violence, humiliation and extortion, as well as social stigmatization as survivors of sexual violence.
Women and women's organizations created civilian rapid response teams, analyzed the situation, negotiated with key parties, conducted focus groups, made appeals to the population and the Government, and worked with rumors. In the post-conflict period, they actively participated in the distribution and monitoring of State and humanitarian aid, were members of damage assessment commissions, identified victims of violence, provided them with psychological assistance and redirected them to receive medical and legal support.
Women's organizations, women human rights defenders and activists have played an important role during the border conflicts. At the same time, women and girls become the most vulnerable during border conflicts. The statistics of the military aggression of Tajikistan in May 2021shows that 36 Kyrgyz citizens were killed, including a 12-year-old girl, a 5-year-old child, more than 100 people were injured, thousands of local residents were forced to leave their destroyed and looted homes, and the military invasion of Tajikistan on 14 September 2022 led to 59 human casualties, including 11 civilians, 2 innocent girls, 200 thousand displaced refugees, as well as the destruction of numerous objects of social and civil infrastructure, including schools and residential buildings, the facts of looting of property and property of Kyrgyz citizens, which demonstrates the constant risks and dangers of repetition and cyclical nature of such military conflicts.
Conflicts and situations of instability exacerbate already existing patterns of discrimination against women and girls, exposing them to a high risk of becoming victims of human rights violations. Conflicts lead to:
- increase in the level of violence against women and girls, including arbitrary killings, torture and mutilation, sexual violence and forced marriages;
- lack of necessary services, food, hygiene products,
- limited access to health and education services,
- absence of many things necessary for women and children, shock, fear, depression, psychological trauma – this is an incomplete set of feelings experienced by women refugees.
UN Security Council Resolution 1325 is one of the international instruments with the potential to contribute at the national level to building institutions and systems capable of being proactive and responding adequately in conflict situations.
The main purpose of UN Security Council Resolution 1325, based on the principles and purposes of the UN Charter, is to strengthen the role and participation of women in conflict prevention, resolution and peace-building, as well as to significantly improve women's security and strengthen the factors influencing it. As part of such actions, the State has taken special measures to protect women from gender-based crimes, violence and to promote women's political participation.
Kyrgyzstan has become the first country in Central Asia and the second country in the post-Soviet space (after Georgia) to develop and approve at the state level a Policy document on the implementation of Resolution 1325. Moreover, the 1325 Action Plan was one of the first plans that was developed by civil servants themselves on the basis of expert assessments of the 2010 conflict and post-conflict development with the facilitation of national experts.
The Action Plans were the result of relentless protection of civil society and women's movements, including by local women peacemakers. While the responsibility for fulfilling these global commitments lies largely with Governments, women peacemakers are also at the forefront of fulfilling them. And despite the fact that women work on the ground in mediation and conflict prevention and peace negotiations, they are still largely excluded and still face many obstacles to full and meaningful participation in decision-making and prevention, resolution and peace-building processes.
Kyrgyzstan has developed the 4th Action Plan for 2022-2024.
The previous three Action Plans did not have a matrix of indicators of implementation, allocated budgets, various factors limiting the implementation of the NAP were identified, including lack of funding, lack of state support, insufficient awareness, poor coordination, lack of synchronization with other policies, etc.
Challenges for the Women, Peace and Security agenda (UN Security Council 1325) in Kyrgyzstan:
- There is a number of persistent factors, reinforced today by stereotypes, nationalism, inequality and discrimination, inefficient management, including natural resources;
- Sociocultural norms and stereotypes that perpetuate inequality and discrimination against women are often supported by public and state media;
- Inequality manifests itself in the extremely low representation of women in the political space and in business activities. Discrimination in the labor market has become part of the culture of employers.
- Currently, unresolved regional conflicts such as border demarcation disputes (caused by issues of access to and allocation of resources), which arise from border tensions and hinder peace processes in a number of regions of the Kyrgyz Republic, remain relevant;
- Renaissance of patriarchal culture, radicalization of society, including radical Islamization, violent extremism continue to be favorable factors for armed conflict and violence;
- The unsettled nature of border disputes concerning economic facilities and the insufficient border infrastructure negatively affect the socio-economic development of border areas.
The OSCE has pledged to support the implementation of the Women, Peace and Security agenda on the territory of 57 participating States. In accordance with the Action Plan, all OSCE structures are instructed (in accordance with their sphere of competence) to contribute to the implementation of United Nations Security Council Resolution No. 1325 (2000), devoted, inter alia, to the role of women in conflict prevention and post-conflict reconstruction. Since then, the OSCE's commitment to support the implementation of the UN Security Council 1325 has been enshrined in other decisions of the OSCE Ministerial Council.[1]
Taking into account new challenges and risks, military conflicts and commitments to implement the Women, Peace and Security agenda, UN SCR 1325, it is necessary for the OSCE to do the following:
- Initiate a new stage of research on the implementation of the Women, Peace and Security agenda in the OSCE region for the implementation of the UN Security Council Resolution 1325 to identify new trends and needs in the implementation of the NAPs by participating States in connection with conflicts, wars, including the Central Asia region;
- Promote the support of regional women's "networks" - mediators on gender-sensitive peace-building and prevention of violations of the rights of women and girls during conflicts, focusing on the Central Asia region;
- Focus efforts on "early warning" of potential conflicts or in developing dangerous situations of the new Climate and Women agenda;
- Within the framework of the OSCE Moscow Mechanism, send missions of experts, speakers to record the facts of human rights violations as a result of conflicts and military actions against civilians in Central Asia;
- Activate the role and expand the mandate of the OSCE program offices in the countries of Central Asia, to monitor the situation and the possibility of conflict prevention jointly by local civil organizations and women human rights defenders.
At the NAP level in Kyrgyzstan it is necessary to do the following:
´ Develop training programs for citizens, from communities to the national level, together with government agencies, local OSCE offices on the Women, Peace and Security agenda;
´ Promote localization of the OSCE national and donor programs on development and gender equality to reduce the gap between cities and communities;
´ People living in risk and disaster zones should have access to high-quality information about the actions carried out by government agencies to restore destroyed buildings, it is necessary to ensure equal participation of citizens in decision-making processes at the local level, strengthen civil monitoring and control;
´ The lessons of the pandemic and post-conflict situations require the development of new action plans to increase the capacity of women's organizations and NGOs on issues of peace-building and their participation in reconstruction processes;
´ Support dialogue platforms, networks of CSOs and local, national and interregional levels to form a common platform on peace and security issues.
[1] https://www.osce.org/files/f/documents/6/3/452845_1.pdf
Warsaw Human Dimension Conference, OSCE/ODIHR
Kadir Kasiet Public Association
"Promoting Women's Rights in Public Affairs"
The title of the Annual Review (October 2021-September 2022) is "Promoting Women's Rights in Public Affairs", which was prepared as part of the project "Focus on Human Rights: Women and Children. The project was implemented by the Kadir Kasiet Public Association in partnership with the United States Agency for International Development (USAID). But it could also be called "Creating Gender Balance into Reality.
The structure of the most important and high-priority human rights action plan of 2021 emphasizes the need for gender equality and the elimination of discrimination against women. In April 2022 the President of Kazakhstan Kassym-Jomart Tokayev supplemented the Decree "On Further Measures of the Republic of Kazakhstan in the Field of Human Rights". He coordinated the work of the government to promote equal rights and opportunities between the sexes and against discrimination against women. It is important for all government bodies to publish quarterly on their websites and hold public briefings for society about what measures have been taken and what results have been achieved.
To ensure that reforms do not remain partial and do not create an image of striving for international standards, we believe it is advisable (the following recommendations[1]):
- To develop and legislate an independent mechanism of control and effective sanctions for non-compliance with the quota, to ensure that parties retain parliamentary seats for women[2].
- The proportion of women on party lists should not depend on party policies, and it may turn out that quotas will be filled by young people, among whom there are very few women. Instead, use both the formation of women's lists and accessibility (ensured by both openness and incentives) in the system of proportional representation for women candidates. Other measures: the norm of the law on accepting a woman to a vacant deputy's seat, assistance to the "women's wing" in the form of access to the media.
- "Women are still appointed mainly on the basis of 'femininity. In most cases, women are in charge of social activities, not economic ones. Avoid factors contributing to this approach. Conduct constant monitoring with specific indicators on this issue, develop and execute roadmaps based on the results of research.
- "Taking into account the low representation of women in the economy and politics, there is a need for more quality forums (to create important entry points for women to raise the profile of women's voices) for decision-making in the state that affect their lives. Despite such opportunities, women's level of influence is insufficient, and the government interacts with only a small number of NGOs. It is important to develop and create more space for strengthening the voices of women, girls. To unite efforts, to consolidate women, because it is better to avoid "female conservatism, unhealthy competition[3].
- There are many women in the government, but with few exceptions, they do not occupy key political decision-making positions. These are mostly women in administrative positions, not political ones. But even in administrative positions, very few women hold leadership positions - only 4 percent. In order to realize the goal of increasing the proportion of women in leadership positions, it is important to conduct appropriate research into the root causes, and to formulate and execute plans to overcome gender barriers[4].
- Men in Kazakhstan are paid 22% more than women. The unemployment rate in Kazakhstan in the fourth quarter of 2021 was 4.9%, but while for men the rate was 4.1%, for women it was 5.1%. Preference for men in employment is noticeable, so it is legally important for employers to establish a quota for women.
- The state does not support the feminist movement. Peaceful rallies, flash mobs and pickets in support of women in Kazakhstan usually end with fines and arrests. But despite this, holding a rally and peaceful march on International Women's Day has become an annual tradition for the feminist movement. Female officials could bring their own agenda to the discussion to implement gender balance.
- The Government Action Plan № 935 of 24.12.2021 to implement the UN Security Council Resolution № 1325 is the only one in the Republic of Kazakhstan, and in Kyrgyzstan it is already the fourth. If we analyze this Plan of the Government, an unambiguous conclusion will follow without much difficulty, the results of such a plan will be deplorable, not implementing the Resolution in the end. Conditionally, consultations are included in 2024-2025, in 2023-2025; women diplomats are included only in the context of participation in conferences; analysis of the practice of appointing women to positions in the NDPs, defense, courts, the diplomatic service - in 2023, etc. It is important to develop such a plan in conditions of broad public discussion, taking into account all voices in society, so that the indicators will actually benefit women and implement the Resolution, rather than being an empty sound.
Let us consider a number of PARALLELS as an example. It will be noticeable that all of them as a result demonstrate the inequality forbidden by Article 14 of the Constitution of the Kazakhstan[5]:
- Knowledge of parties as a tool for safe and effective participation (and influence) in the economy, politics and other spheres of the state is similar to only one path to access to information, to the right to education. When it comes to the affairs of the state, the means of participation should be many: to express an opinion, to vote in elections, to take a seat in the civil service, to have equal access to this service, to participate in the development and implementation of policies through various platforms and means of expression (assemblies, hearings, meetings, protocols, portals, working groups, public control, discussions, various forms of national human rights mechanisms, complaints and appeals, monitoring etc.), to participate in jury, to participate in NGOs and associations, but it must be ensured. In order to justify our Constitution, the experience of countries should be studied and implemented, where the influence of citizens on decision making is the most important achievement, which really shows that the people make the decisions, not one or a group of people. By doing so, the public interest will be placed on a level where, in actual practice, the public interest serves the public interest.
- Expressing opinions in various other forms is a one-way game if the individual is not heard or the state does not hear him or her, i.e., without benefit and result for all. In other words, it is important to consider opinions (to hear), not just to listen. In doing so, we should always put the voices of the vulnerable (women, children, people with disabilities) and minorities at the forefront: the voices of the vulnerable (women, children, people with disabilities) and minorities ensure democracy.
- One participates in associations in reality, and for that one is held accountable in all kinds of ways and it is outside the law. This practice has to be eradicated as a matter of urgency. A person cannot be forbidden what he/she is born with. It is inherent to the human being to live in society, to unite and participate in the activities of associations, to do something together with other people. Eliminate responsibility for participation in unregistered associations; abolish registration of associations (people unite without registration anyway), or register all of them without distinction.
- Introduction of a quota of seats in the Parliament (a tool in the process, not a guarantee of a deputy's mandate) is similar to an amnesty to reduce the number of prisoners (it does not solve the problem qualitatively). The reform should be aimed at open and healthy competition, and not be limited to demonstrating such a criterion of evaluation. Such a resource as age is very important, should not occupy the older generation all the seats possible, but do the opposite - a quota for the older generation, and the predominant number of seats should belong to young people, middle-aged women (including those with disabilities). For example, I assume that already many in power (but this information is not available to the public) know: who will be in the Constitutional Court, and it is those who have made themselves more than a decent pension, which is not far off. The next proposal: to introduce exclusively middle-aged women as judges of the Constitutional Court, then the new state body will not have people "looking at the size of pensions", but people with sufficient experience and qualifications, who understand the importance of human rights and humanism.
- Unpaid domestic work, caring for children, the elderly and disabled is similar to various modern forms of slavery (with someone enjoying the benefits and doing things for themselves - development, connections, potential at the expense of this). It is important to provide women with time - this is the most valuable thing that the state can do (and this is to relieve women by resolving issues with the placement of children in kindergartens and schools, with child employment, with care through individual assistants for the elderly and disabled, with housing, with work, and so on).
This is a huge layer of questions, which are solved, if at all, but partially, in a fragmented way, in relation to certain categories. In the long term, the countries of Eurasia may consider joining the OECD Council Recommendation on Gender Equality in Public Life (2015), which includes three high-level provisions relating to gender mainstreaming and gender balance in both public and private sectors, and contains 16 practical recommendations to ensure effective implementation and monitoring of the Recommendation. The Recommendation calls for the development of a whole-of-government strategy for gender equality reform, robust mechanisms to ensure accountability and sustainability of gender initiatives, and tools and evidence for effective policy decision-making. It also identifies policy options to ensure equal access to public life, including the political and judicial system and public administration, for women and men from different sectors of society.
- There is a stereotype that only the social sphere or health care can be entrusted to women, while politics and economics can be entrusted to men, which demonstrates discrimination. Understanding that the social sphere is solved at the expense of the budget, it is important to turn to finding innovative solutions, including at the expense of other spheres. Why not appoint a woman as the head of the National Bank, the State Duma or the Ministry of Finance, who would probably be able to manage the budget more economically? Torture is a problem which was deemed "politically incorrect" in the early 2000s in Kazakhstan. If a woman heads the Ministry of Internal Affairs, the Prosecutor's Office or at least the Agency for Combating Corruption Offences, it will not take long to see changes in attitudes and results. More qualitative data is needed on the dynamics of women's career paths and the challenges that arise to develop relevant policies that promote women's inclusion in the public and private sector. Sex-disaggregated data will allow governments to track progress and identify the determinants of inequality between men and women. Some OECD 17 member countries now set targets or quotas for the number of women in leadership positions, particularly on boards of directors. France has revised its target and adopted sectoral plans that by 2025 women should predominate in one-third of traditionally male-dominated sectors (OECD, 2019[118]).
- Sometimes, the situation is reversed. So it is now: we say gender equality, but we think about protecting women. I would say the following: when we talk about gender equality, for some reason we do not mean the protection of men with their right to child care, with their right to choose whether to serve under contract or conscription, with their right to life when it comes to the death penalty or life imprisonment, with their right to elect in prison, with their right to choose - otherwise, if a man is not in public service, he will not provide a stable income for his family in our country, etc. In Kazakhstan, it has already become commonplace: if a man is in public service, it means that he can go to work without much effort and get a stable income.
The "Union of Crisis Centers" noted that equal access is determined by what kind of cabinet positions women hold, what degree of power and prestige is associated with these positions. What I am about to say will be just one of the measures for the implementation of UN Security Council Resolution 1325 "Peace, Women, Security" by our state. For example, today only one judicial system maintains gender balance, the reasons are obvious - the court is the branch of government that is closer to the people, more transparent and open, and therefore less corrupt. As you can see, the focus is different - already the attitude to the issue is changing. Since the judiciary alone cannot be responsible for everything that happens in the country, one of the serious motivating measures on the one hand should be the introduction of such public service mechanisms which would orient officials towards the effective result of their work and entail individual demand for the wages received, and on the other hand, a close, methodical work to eradicate any forms of corruption in the legislative and executive branches of government. The appointment of at least 52% of women to leadership positions in government bodies will play a role in this.
- Unequal economic opportunities for women in business are similar to the deprivation of a sufficient standard of living and sometimes of property. For example, individual efforts by the government, society, or the Fintech Hub initiative, for example, are not enough. Research shows: if women participate in the global economy on an equal footing with men on an ongoing basis, by 2025, the annual global GDP will increase by 26% with $28 trillion in profits. The "Coronation Crisis" has set back all achievements in the field of gender equality by years. In particular, according to a study by the UN and the World Bank, women entrepreneurs have borne the brunt of the pandemic and have been hit harder than men: 64% vs. 52%. Women's empowerment and gender equality should be on the policy agenda in all line ministries and at all levels of government (OECD, 2017[7]). Women's empowerment benefits both women and men, and it is inadmissible to ignore these benefits in the context of the crisis. It is important to take these factors into account in policymaking with regard to women's participation in the economy, the quasi-business sector, and so on. A policy and system of tax relief for women entrepreneurs would help to stimulate the growth of women's income.
The main recommendation is to include a definition of the term "discrimination" in the legislation of Kazakhstan, providing for direct and indirect, harassment[6].
[1] The main general recommendations are as follows:
1. Strengthening mechanisms for the implementation of the nationwide Gender Equality Concept, which ensures equal access for women from different strata of society to public life, including the political and judicial system and public administration.
2. Promoting comprehensive government support for women's nongovernmental organizations that are on the front lines of problem-solving.
3. Increasing the influence of women's voices in the political and private spheres by guaranteeing women's voice in policy making in times of crisis.
4. Creating robust mechanisms to ensure accountability and sustainability of gender initiatives, as well as tools and evidence for effective political and social decision-making.
5. Empowering women to access formal and informal information platforms.
6. Strengthening efforts to consolidate women's forces in Kazakhstan.
[2] The introduction of a 50% quotation for male in the Concept of Family and Gender Policy of Kazakhstan (and for women in all spheres of life and the separation of quotas for women should be an a priori permanent reality);
- The observance of the same representation of women at the local level and in the executive branch;
- Obligations of the party to comply with the quota at the end of elections, establishing a mechanism for replacing MPs who have left parliament with MPs of the same gender.
[3] uniting women's NGOs, representatives of parties for a unified gender policy, etc;
- Development of a women's movement with the participation of women deputies to support women leaders;
- Supporting the efforts of feminists and women's rights activists to increase women's protection from gender-based violence and for women's equality in general, and ending the denial of their right to peaceful protest;
- Respecting the right to freedom of peaceful assembly, where women's rights activists intend to say no to gender-based violence and demand equal rights.
[4] Training and capacity building for women who are selected at the decision-making level and accompaniment (mentoring, coaching, creating question and answer rooms for potential women leaders);
- Creating a "women's wing" of parties;
- Creation of a gender activist or a pool of women politicians who could become deputies at all levels (maslikhats, parliament) in the future.
[5] "1. All are equal before the law and the courts. 2. No one shall be subjected to any discrimination for reasons of origin, social, official or property status, sex, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.
[6] Direct discrimination refers to discrimination against a person(s) based on his or her marital status; pregnancy; parental status; and other conditions due to a person's gender characteristics.
Moreover, the definition of direct discrimination also includes negative treatment of a person that is related to "harassment on the basis of sex, sexual harassment, and subjecting a person to less favorable treatment because of resistance or submission to harassment.
With regard to indirect discrimination, this context refers to a situation in which neutral regulations (NLAs) create a worse situation for members of one sex compared to members of the other sex.
Obviously, introducing the definitions mentioned in the legislation, as well as placing the obligation to prove the absence of a violation of the principles of equal treatment on the person who allegedly committed discrimination, is a progressive step towards achieving equal rights and opportunities for men and women.
Warsaw Human Dimension Conference, OSCE/ODIHR
HRM "Bir Duino Kyrgyzstan", lawyers A. Sadykov, B. Avtandil
Petition on the need for an independent investigation into the death of human rights defender Azimzhan Askarov and bringing to justice those responsible.
2 years ago, on 25 July 2020, the well-known human rights activist, journalist Azimzhan Askarov died of bilateral pneumonia in a penal colony in Kyrgyzstan.
No qualitative investigation into his death has been conducted yet, and no one has been brought to justice. The results of an internal audit of the state penitentiary service boil down to the fact that no one is guilty of Askarov's death, however, after studying these materials, the lawyers saw signs of at least 6 crimes committed by the administration and doctors of the State Penitentiary Service – these are "Improper performance of professional duties by a medical or pharmaceutical worker", "Abuse of power", "Torture", "Failure to provide assistance", "Abandonment in danger", "Negligence".
And although evidence of all these crimes is already available in the case file, the State Committee for National Security does not prosecute the perpetrators and does not conduct any investigative actions. Currently, lawyers have already appealed 5 times against inaction on the part of the SCNS investigator and violations have been recognized by the court, but the SCNS continues to ignore even the court decisions.
Since the legal mechanisms of protection against the SCNS do not work, we are forced to appeal to the international community and request it to appeal to Kyrgyzstan for the following actions:
- Conduct an independent public investigation into the death of Azimzhan Askarov;
- Give a legal assessment of violations of the criminal procedure legislation committed by investigative bodies, as well as ignoring court decisions;
- The case should be taken under the personal control of the Prosecutor General and the Chairman of the SCNS;
- Bring to justice those responsible for the death of Azimzhan Askarov and make sure that an appropriate compensation is paid to his relatives.
Warsaw Human Dimension Conference, OSCE/ODIHR
"Lack of gender-oriented management and measures to prevent ill-treatment and gender-based violence against women in places of detention."
Statement of the Association for the Protection of Human Rights in Criminal Proceedings
"Article – 9".
The Kyrgyz Republic does not adequately ensure the rights of women in criminal proceedings. From the moment of actual detention until the end of criminal proceedings, a woman is subjected to numerous human rights violations, including: torture/ill-treatment, sexual harassment, harassment. Among other things, this happens due to the fact that there are practically no female personnel in the ranks of the police responsible for the detention, escort and protection of persons in custody. And although in 70% of cases women are accused of committing economic crimes, the courts continue to detain them.
It is also important to note that none of the 46 isolation wards in Kyrgyzstan is adapted for detention of women, especially pregnant women, women with children and those with health problems. In all temporary detention facilities women are guarded by men, who have access to their wards. Only 11 temporary detention facilities have cold water in the wards, while there is no hot water in any of them; only 7 temporary detention facilities have toilets inside the wards, in the rest of them the toilets are outside and are not heated; 5 temporary detention facilities are located in basements, and 2 temporary detention facilities are in semibasement premises; the food is insufficient and substandard there; hygiene products are not provided, there are unsanitary conditions and lack of infection control; there are no proper conditions for washing clothes, diapers, also diapers and other newborn care items are not provided for infants; poor-quality medical care. Problems with pregnancy management and preparation for childbirth in some cases leading to termination of pregnancy have been identified.
Recommendations to Kyrgyzstan:
- Provide the necessary number of female employees in places of detention for conducting a personal search, to participate during provision of medical care, in escort procedures and other necessary cases to prevent encroachment on personal dignity;
- Introduce a ban in the criminal procedure legislation on the use of a preventive measure in the form of detention against women in cases of economic crimes committed by them, pregnancy, if they have young children, in cases of disability or other serious health problems. Detention of women should be applied only in exceptional cases.
- Provide women prisoners with adequate conditions of detention, including the right to receive qualified medical care.
Warsaw Human Dimension Conference, OSCE/ODIHR
Nadira Masyumova, NGO "Kyrgyz Indigo", member of the partner network Coalition for Equality.
The anti-gender turn in Kyrgyzstan: reaction of civil society. The need to promote the anti-discrimination Law on Equality.
“A nation is above rights; if divorced, do not leave the people; Don't undress, shame on you!" - with such slogans, an action of the anti-gender movement in Kyrgyzstan was held. The Minister of Culture and the Mayor of Bishkek participated in the action.
“If they hold a May Day, I will blow myself up together with them,” a member of the right-wing movement ‘Kyrk Choro’, said.
“They did the right thing by dispersing them. Now we need to drive them out of the country,” the MP reacted to the illegal detention of women activists.
Anti-gender movements are growing in Kyrgyzstan with the tacit consent of the authorities, and sometimes with their active involvement. The principle of "divide and rule" became the leading one in the country's politics. We are divided into "right" and "wrong" women; "moderate" and "radical" feminists; "acceptable human rights defenders" and "those who undermine national values".
Women were at the forefront of the right to peaceful assembly. In 2019, during a May Day meeting, eight feminists were attacked by 30 men in the presence of the police and its complete inactivity. And although the participants wrote a statement, and provided photo and video evidence, the case is still not being investigated. In 2020, during a march for women's rights, activists were first attacked by radical groups, and then the same women were illegally detained by the police.
LGBT people are used for political purposes to divert public attention from poverty, and the economic crisis. We are being watched, installed with hidden cameras, threatened to reveal information about sexual orientation and gender identity to relatives and colleagues, and then our personal data are published during the regular elections.
A well-known international organization has asked a youth initiative they support financially not to march because they don't want them to be associated with LGBT people.
"Divide and rule". Women feminists and LGBT activists have become marginalized within civil society. “Approved human rights defenders” can stay connected to state institutions if they work on mainstream issues, trying not to mention LGBT people.
"Divide and rule". After restricting peaceful assemblies for feminists and LGBT people, the authorities began to restrict political peaceful assemblies. After LGBT activists ended, the private lives of investigative journalists became public.
For some time longer, “approved human rights activists” will be able to maintain their positions by disowning LGBT people, but very soon they will become displeasing to the authorities.
In two years, Kyrgyzstan has turned from a partially free country into a not free state, according to Freedom House. And if civil society does not act as a united front, regardless of sexual orientation, gender identity, gender, religion, political and other convictions, we will lose our rights and freedoms and cease to be an “island of democracy” in Central Asia.
By protecting the least represented, the most vulnerable, we protect the entire society, because we do not allow the boundaries of our rights and freedoms to move.
Manas - the largest epic in the world belongs to the Kyrgyz people. The first commandment of Manas: Unity and solidarity of the nation. Only by uniting, and accepting the right of everyone to exist, we will be able to resist the antigender turn and the growth of human rights violations in the Kyrgyz Republic.
And so the Kyrgyz Republic needs:
- Adopt comprehensive anti-discrimination legislation with a broad list of protected grounds;
- Conduct a fair investigation into violations of the right to peaceful assembly.
- The OSCE, within its mandate, should monitor violations of freedom of expression and systemic hate crimes against the most vulnerable groups.
- The nation is not above rights, rights are an integral part of our national identity.
Warsaw Human Dimension Conference, OSCE/ODIHR
Vikram Ruzakhunov, Jazz pianist, arranger, jazz orchestra leader, Member of the Board of Directors of the Public Association "Human Rights Movement "BirDuino Kyrgyzstan”
Hello! My name is Vikram Ruzakhunov. I am a jazz musician, and more recently also a human rights activist.
In January of this year, I became a victim of circumstances and experienced the most severe torture in Kazakhstan. I barely escaped death, my life miraculously continued, and therefore I consider it my duty to bring my story to you, because it has already helped to free innocent people from prison, save their lives, and shed some light on many issues.
What happened to me finally officially confirmed the fact of the use of torture in Central Asia, which attracted a lot of attention (officials until recently denied the facts of the use of torture and their existence on the territory of Kazakhstan).
This precedent is also unique due to the fact that for the first time in Kyrgyzstan, a criminal case was opened related to the violation of the rights of a Kyrgyz citizen related to torture on the territory of a foreign state. Therefore, there is a protracted investigation process – since no one has ever encountered such a thing in practice before.
I really hope that further coverage of my case will help to improve the legal environment in the CIS countries, possibly to ratify the relevant documents between the countries, and this will contribute to the development of democracy, will be generally useful to society – after all, human rights are a supranational value.
I must say right away – it was a big shock for me, because before this happened, I had a high opinion of Kazakhstan and believed that it was a civilized, developed country, and while living in Kyrgyzstan, I never took part in any marches or rallies, led a completely non-political lifestyle.
After the torture, my worldview has changed and now the idea of human rights to me is not just the sentiments of humanists and philosophers. This is, first of all, a signal to the authorities that if human rights are not respected, then tension will accumulate in society, which can later be used by radical politicians or external forces to overthrow the government.
Therefore, the protests, revolt and bloodshed that took place in Kazakhstan are a direct consequence of the Nazarbayev's regime, which suppressed human rights and freedoms. Their systematic violation has jeopardized the security of the State.
A reasonable government treats human rights as a pragmatic factor: i.e., if the police, prosecutors and local judges do not restore justice, then tension accumulates in the society.
The leaders of the Central Asian countries should keep this in mind, and international organizations should assist them in preventing such shocks.
The development of peace and understanding between States is based on respect for human rights. At the heart of security and cooperation is the observance of human rights.
If human rights are not respected, there is always fuel for coups and various geopolitical upheavals.
The January events in Kazakhstan serve as an example of these arguments.
In this case, if the public justice in Kazakhstan finds and punishes the perpetrators of torture, it will be a deterrent to further spread of torture in the region.
Unfortunately, international organizations, referring to the mandate aimed at cooperation with the authorities, turn a blind eye to human rights violations, especially in the Central Asian region.
I call for the observance of universally recognized principles of international law and human rights – so that they really work all over the world and equally for everyone.
The legend of 20,000 terrorists who attacked Kazakhstan would have looked quite plausible to the whole world if by chance they had not detained me and tried to present me as one of these terrorists who invaded the territory of Kazakhstan. I probably would have believed in terrorists myself if I hadn't been in that place, experienced all the horror and seen everything with my own eyes.
They accused me of looting and murder without providing any evidence, which they could not have. In fact, the military and law enforcement agencies of Kazakhstan robbed me and other unreasonably detained.
Having seized my belongings, cell phone, documents and cash, they didn't return anything, and they would have killed me if not for the news release, thanks to which everyone found out where I was and what happened to me. After that piece on the news, in which people recognized me and made a fuss, and the myth of the 20,000 terrorists who attacked Kazakhstan was destroyed for the whole world, thanks to the cohesive civil society of Kyrgyzstan, I was released and all charges were dropped from Kyrgyzstan, as well as from me. It's scary to imagine what would have happened if an unknown person were chosen for the news story that day.
A criminal case on the fact of torture against me was opened on February 10, 2022, and since then the Kazakh authorities have not found a single person involved in the torture. For 8 months, the authorities have not conducted an objective and transparent investigation of mass torture. The authorities do not even recognize the law enforcement officers identified by torture victims as suspects, evidence of torture is destroyed (videos, registration logs) and is not provided to lawyers and victims of torture.
How come they were able to film me after I was beaten up for a propaganda broadcast on the Kazakhstan channel, but couldn't find the video from the cameras in the temporary detention facility of the police building? Moreover, it should be known exactly who brought me there and when, since the date, time and place are known.
In addition, if they cannot establish those facts, they should bring to justice the head of the police department where I was beaten and the investigators who interrogated me on the case on the day of detention, etc. They do not do that. But they successfully find all those who are considered participants in peaceful protests: they find them by means of video surveillance cameras, they track their calls and the location of phones, interrogate witnesses, etc., and they find them. They can't find only those who applied torture.
This is another proof that there will be no objective and transparent investigation of torture in this case, and therefore an independent international investigation is needed.
I have become the first foreign public figure who they wanted to present as a "terrorist" and a "pogromist". 8 months later, no one has been arrested or brought to justice in my torture case.
To date, neither the authorities nor the law enforcement agencies of Kazakhstan have provided at least an official apology.
I request you to pay close attention to the January events and help resolve them as soon as possible.
Sincerely,
Vikram Ruzakhunov
Public figure
Excellent worker of culture of the Kyrgyz Republic
Jazz pianist, arranger, jazz orchestra leader,
Laureate of international music festivals
Executive Director of Bishkek International Jazz Festival "Jazz_Bishkek_Spring"
Member of the Supervisory Board of the Public Foundation "Central Asia – Arts Management",
Member of the Board of Directors of the Public Association "Human Rights Movement "Bir Duino – Kyrgyzstan""
Warsaw Human Dimension Conference, OSCE/ODIHR
Aina Shormanbayeva, President of the International Legal Initiative
Massive human rights violations in Xinjiang according to victims' testimonies.
Since 2016, under the guise of fighting terrorism, a campaign has been launched in Xinjiang to persecute the indigenous peoples of this region: firstly, the Uyghurs, followed by Kazakhs and other Turkic peoples – based on their ethnicity, culture and identity. At least one million people in the region have been imprisoned in so-called “political re-education” camps, where gross violations of human rights have taken place – including torture, rape, various forms of cruel and degrading treatment, and brainwashing [attempts].
The situation in Xinjiang is viewed by human rights defenders as a massive violation of human rights, and not a Chinese internal affair, as millions of people are being arbitrarily detained, tortured and indoctrinated on the basis of their ethnicity.
As the actual number of victims is still unknown, an international investigation of the massive human rights violations in Xinjiang is necessary. Responsible parties must be punished and victim compensation is mandatory.
Massive violations of ethnic Kazakh rights in Xinjiang are complicated by the issue of familial fragmentation – that is, when different branches of the same family moved to either Kazakhstan (receiving Kazakhstani citizenship) or remained in Xinjiang. Until 2017, those family members who remained in China could freely visit Kazakhstan and obtain visas and residence permits. However, since 2017 their passports and Kazakh residence permits have been revoked in China and they were subsequently prohibited from visiting Kazakhstan, which separated families.
Uyghurs, Kazakhs, Kyrgyzs, Uzbeks and Tatars were arbitrarily detained and imprisoned in political “re-education” camps without trial. Ethnic Kazakhs are imprisoned for any ties with Kazakhstan – having family members and relatives in Kazakhstan, visiting Kazakhstan and/or Turkey, communicating with Kazakh citizens via WeChat and WhatsApp. One political “re-education” camp prisoner was known to be there for taking pictures with a Kazakh deputy, while others were reportedly there for having been in photographs with famous Kazakh singers, artists or athletes.
According to victim testimonies – including former detainees who were released and returned to
Kazakhstan, among whom are people who have been subjected to inhuman treatment, beatings and rape – the ILI received evidence of appalling torture, bullying, and degradation of prisoners. One man, referred to as M, was forced to sit in a concrete toilet for 20 days.
The cell where he was sitting was disinfected in the following way: bleach was siphoned through cell window, where people were seated, causing everyone there to start coughing, making their eyes tear up and their throats sore. People were poisoned, along with the bacteria. Nobody released them from the cell during the disinfection process. More specifically, in terms of torture, the so-called “tiger chair” was used, as well as electric shocks. The “tiger chair” is specifically designed to restrain detainees. Former detainees state that police often strap them into these metal chairs for hours and even days, depriving them of sleep, and immobilizing them until their legs and buttocks are swollen. Another victim was hanged for 17 days.
There is evidence that prisoners in the camps are trafficked and exploited in factories in inland China. No one knows where they are or what they are working on, not even their families. There is information available about labor exploitation under slavery-like conditions to which ethnic Kazakhs and Uyghurs are subjected in factories. Former prisoners in the camps said that in the camp they have been forced to sew gloves, children’s clothes, uniforms for schoolchildren. For example, one prisoner said that he had been required to sew children’s clothes at a camp workshop.
A significant number of people (the exact number is not known), fleeing persecution and torture in Xinjiang, illegally crossed the border, but did not officially apply to migration officials for asylum. As a result, in the opinion of officials and the Border Service of the National Security Committee of the Republic of Kazakhstan, they are criminals who have violated Article 392 of the Criminal Code of the Republic of Kazakhstan (illegal border crossing), while Paragraph 1 of Article 31 of the 1951 Convention relating to the Status of Refugees says that: “The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.”
The consequence of such a criminal record may be a refusal to grant citizenship or stateless person status, since according to Article 17, Clause 9 of the Law on Citizenship of the Republic of Kazakhstan, any application for Kazakh citizenship is rejected if the person “has an unspent or outstanding conviction for committing an intentional crime on the territory of the Republic of Kazakhstan or outside it, recognized as such by the legislation of the Republic of Kazakhstan.” Kazakh authorities must bring domestic legislation in line with international legislation – specifically the Convention relating to the Status of Refugees.
Today, there are others in Kazakhstan who are staying illegally in Kazakhstan for fear of deportation to China, where they face arbitrary detention, torture or the death penalty. There is an urgent need to protect these people and ensure they do not return to China in accordance with the UN Convention relating to the Status of Refugees.
The International Legal Initiative has been working to protect the rights of victims of human rights violations in Xinjiang since the end of 2017.
According to the Front Line Defenders ranking, human rights defenders seeking to protect migrants and refugees are the second most at risk in terms of relevant professions in the Europe and Central Asia region. The ILI often finds it difficult to assist and identify victims detained in the camps in Xinjiang. As noted in a Front Line Defenders report: “Members the International Legal Initiative, which provides free legal assistance for the family members of ethnic Kazakhs imprisoned in political re-education camps in China and advocates to protect the victims of gross human rights violations in Xinjiang, faced constant surveillance and blocking of their WhatsApp accounts.”
Over the three years of its operation, the ILI has sent hundreds of applications in support of more than 350 people imprisoned in camps, separated from their families and unable to leave for Kazakhstan on account of their passports having been confiscated. It has conducted about 80 interviews with victims and former prisoners of the camps in Xinjiang.
ILI has also provided medical and psychological assistance to former camp prisoners.
International actors need to use political and economic measures to push Chinese authorities to end massive human rights violations in Xinjiang, close all the so-called “political re-education camps” that are essentially concentration camps, and bring to justice those who created this inhumane system. Bringing the perpetrators to justice and ending the horrific crimes against humanity in Xinjiang require international solidarity and support from both state actors and the general public.
Recommendations:
- To Kazakhstan – to not criminalize the illegal crossing the border by refugees from Xinjiang according to the Article 31, para 1 of the 1951 Convention relating to the Status of Refugees
To OSCE member states – to impose sanctions on companies producing goods using forced and slavery labor of arbitrarily detained people in Xinjiang; - to support the victims of massive human rights violations in Xinjiang, - to stop deportations from their countries to China; and provide them with full protection in their countries.
We call on the UN
- to establish an international tribunal to investigate crimes against humanity committed in Xinjiang,
PRC and
- to bring the perpetrators to justice and compensate the victims and their families.
