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Monitoring of the implementation of BPFA, CEDAW and national legislation and plans


2010

Round Table “Monitoring of CEDAW, BPFA and UN SCR 1325 implementation and preparation of recommendations for the future NPA for 2010-2014”, Bishkek, Kyrgyzstan.

Round table was held on 25th May 2010 with participation of women’s NGOs.  At the round table monitoring of implementation of anti VAW work and questionnaire for monitoring were discussed.

 

 Round table “Results of monitoring implementation of Beijing Platform of Action (BPFA) and Convention on eliminating all forms of discrimination against women (CEDAW)”.

 

The problem of violence against women was and remains one of the most acute problems of our society. The number of cases and forms of violence against women does not decrease, but increases. According to National Statistics Committee the number of women who come to crisis centers, aksakals courts and other specialized institutions was4651 in2005, while there were 4135 crimes registered. Preliminary results of the monitoring of Beijing Platform for Action were presented at the Round table for the members of Forum’s network on April 2, 2007. Monitoring started in October of 2006. The first stage was the training on women’s rights with trainers fromHelsinki  Foundation for Human rights (Warsaw,Poland). Monitors for each province were selected after the training. Forum of women’s NGOs of Kyrgyzstan monitored the implementation of CEDAW and BPFA from October 2006 till May 2007. This monitoring concentrated on domestic violence against women.

At the round table, participants discussed the issues of violence analysis and the course of the monitoring, and also developed a plan on implementing a program “Preventing violence against women and girls”. An important point of discussion became the difficulties occurring in the monitoring process. The coordinator presented the analysis of correspondence of national legislation to international standards in the area of preventing violence against women. The analysis of legislation was conducted throughout the monitoring process, where international and state legal practices were considered. The analysis of legislation was used to create tools necessary for the monitoring.

 

Monitoring was conducted in Karakol city and Issyk-Kul rayon of Issyk-Kul province, inOshcity and in Karakulja rayon ofOshprovince, in Naryn city and Kochkor rayon of Naryn province, in Karabura, Manas, Talas rayons of Talas province, In Issyk-Ata rayon of Chui province, in Batken province, in Pervomai rayon of Bishkek city.

Monitoring was held with participation of 8 representatives of women’s organizations of Forum of women’s NGOs of Kyrgyzstan network, who were selected to be regional monitors in 6 provinces of the country.

 

The regional monitors were: crisis center “Altynai” (Cholpon-Ata city, Issyk-Kul province), NGO “Tiopliy dom” (Issyk-Kul province), crisis center “Tendesh” (Naryn city, Naryn province), crisis center “Meerban” (Osh city, Osh province), public association “Ene Nazary” (Alai rayon, Osh province),  crisis center “Janyl Myrza” (Batken province), NGO “Interdem” (Talas province), Forum of women’s NGOs of Kyrgyzstan (Bishkek city).

 

Monitoring process included:

•  Raising potential of monitors

•  Development and discussion of monitoring concept, methods and tools

•  Monitoring itself:

  • Collecting data on cases of violence against women locally,
  • Collecting data in official bodies
  • Interviewing
  • Questionnaires
  • Analysis of documents, analysis of the questionnaires, data analysis, including interviews and informal conversations, statistical data from crisis centers and state law enforcement agencies

 

Forum of women’s NGOs of Kyrgyzstan has held several meetings of regional monitors in order to have effective monitoring. At those meetings monitors discussed the used tools and approaches, the interviews scheduling, difficulties and approaches to training staff of monitoring organizations in skills necessary for monitoring.

 

Round table with the monitors was held on April 3, 2007.  Monitors presented results from each province. Preliminary results and conclusions were drawn.

 

On May 27, 2007, around table was held in Osh in order to summarize received results of the monitors and incorporate it into the platform of future candidates to be members of the National Parliament.

 

In the monitoring process monitors interviewed 38 officials from Internal Forces Departments – 30 district inspectors and 8 investigators from rayon departments of Internal Forces, 10 medical workers, 7 judges of rayon courts, 7 victims of domestic violence, as well as monitored work of 6 crisis centers.

 

 

 

CEDAW monitoring

 

Monitoring of the CEDAW implementation in Kyrgyzstan

Geneva, Switzerland, 20 October – 7 November, 42nd session of CEDAW Committee, Kyrgyzstan periodic Reporting; Presentation of the Forum’s Shadow report to CEDAW Committee, 20th October — Oral statement of the Forum of Women’s NGOs of Kyrgyzstan. An output of lobbying is inclusion of Forum’s recommendations to the Concluding Observations of the Committee on the Elimination of Discrimination against Women Committee in articles 19 — 22, 31 – 34 and 50.

 

Kyrgyzstan partially implemented its obligations with regard to VAW: In 2003 “the Law on Social-Legal Protection from Domestic Violence of the Kyrgyz Republic” was adopted the Sixth Strategic Goal of the National Plan for Action to Achieve Gender Equality in the Kyrgyz Republic is called “Decreasing all forms of violence against women”. However, Kyrgyz NGOs report that domestic violence in the country is increasing. Forum of Women’s NGOs of Kyrgyzstan in 2008 has submitted its recommendations on elimination of domestic violence in Forum’s shadow report to the 42nd session of the CEDAW Committee. The following problems were identified: A need in further legislative reforms,   Low awareness level among State officials and public about the law on domestic violence and other national and international legislation that protects women,   Lack of statistics on domestic violence, Ineffective application and enforcement of existing laws and State orders; There is no budget line in the State and municipality budget for the fight against VAW, lack of state financing for program, policies, and implementation of laws related to VAW,

Lack of mandatory training programs for future professionals, including the police, prosecutors, judges about VAW. There are no mandatory training programs for the practicing professionals including the police, prosecutors, judges.

Often police refuses to take an appeal under the pretext that there  is not enough evidence of the crime. Evidence of scale of non application of laws

  • Only 18 protection orders were issued since 2003 when the Law came to effect, whilst according to the National Statistics Committee, 4,651 women sought assistance from shelters, court of elders and other organizations and 4,135 cases of violence against women were registered.
  • Only 63 domestic violence cases reached the court in 2005-2006 resulting in issue of 18 court orders;
  • Of the 18 court orders, in 16 cases the court only issued warning of administrative arrest or criminal proceedings;

 

Concluding observations of the CEDAW committee to Kyrgyzstan in 2008 state that despite existing legislation (law on social and legal protection against violence in the family) and other efforts, domestic violence remains widespread. It is also concerned that the police approach to such violence is ineffective and that police officers frequently prefer to qualify such incidents as constituting mere hooliganism. In addition, victims of violence prefer to contact crisis centres, mainly run by NGOs, rather than addressing the State authorities. It also recommends that the State party ensure that its existing legal framework in this context is effectively applied in particular by law enforcement personnel; that training programmes for the police are strengthened. The committee further recommends that an adequate State budget be allocated for the programmes to combat violence against women. The Committee remains seriously concerned at the continuing existence of bride abduction, despite its prohibition in the law.

 

 

 

From Summary of shadow report on CEDAW implementation

by the state of Kyrgyzstan

Forum of women’s NGOs of Kyrgyzstan has developed its report in cooperation with  women’s NGOs from all Kyrgyzstan provinces as monitors with data collection and interviews.

 

Data on violence against women is based on Forum of Women’s NGOs Monitoring of  Violence  Against Women in all regions of Kyrgyzstan in the period of September 2005 – May2007. Ateam of monitors conducted interviews, surveyed local, polices officers, staff at prosecutor’s office, medical workers, workers of social agencies. Monitoring of the women’s political participation was done during 2004 – 2007 and was implemented by Forum’s staff.

 

Report includes statistical and analytical data.

 

Shadow report of the Forum of women’s NGOs of Kyrgyzstan focused on two crucial issues related to discriminatory practices against women, which include: 1 – violence against women with concentration on domestic violence, 2- Women’s participation in political processes.

 

The report is reflecting also country actions to address Concluding comments from the CEDAW committee of 2004.

 

The monitoring findings and an initial report were presented three times: to Parliament and State officials in February 2008, to women’s NGOs in March and April. It was widely disseminated among interested parties.

 

 

Violence Against Women  

Description of the problems

In 2003, Kyrgyzstan adopted a progressive law to address the problem of domestic violence “the Law on Social-Legal Protection from Domestic Violence of the Kyrgyz Republic.” Unfortunately, law enforcement and government officials have failed to integrate this promising law into the everyday fulfillment of their duties. Currently, there are no statistics on domestic violence, which law enforcement agencies are required to compile in accordance with the 2003 Law on Social-Legal Protection from Domestic Violence. However, Kyrgyz NGOs as well as 2006 Human Rights Watch Study “State Failure to Stop Domestic Abuse and Abduction of Women in Kyrgyzstan” report domestic violence in the country is increasing. Forum of Women’s NGOs recent study “Monitoring of Violence Against Women” in all regions of Kyrgyzstan for the period of September 2006 – May 2007 shows lack of enforcement of the Domestic Violence Law.

  • Only 18 protection orders were issued since 2003 when the Law came to effect, whilst according to the National Statistics Committee, 4,651 women sought assistance from shelters, court of elders and other organizations and 4,135 cases of violence against women were registered.
  • Only 63 domestic violence cases reached the court in 2005-2006 resulting in issue of 18 court orders;
  • Of the 18 court orders, in 16 cases the court only issued warning of administrative arrest or criminal proceedings;

 

Within the ‘Violence against women’ section the report describes implementation articles of CEDAW that relate to the issue, one by one. The issues taken up within the section are:

  • Problems in implementation and needed reforms of the Law on Social-Legal Protection from Domestic Violence of the Kyrgyz Republic adopted in 2003;
  • Ineffective application and enforcement of existing laws
  • The issue of protective orders for women victims of domestic violence;
  • State measures to increase financing for women’s issues and Financing for crisis centers;
  • Work of interior forces agencies on providing security for women victims of domestic violence;
  • Low awareness level among State officials and public about the law on Social-Legal Protection from Domestic Violence of the Kyrgyz Republic.

At the end of the section the report provides a list of recommended issues for the working group to raise with the government of Kyrgyzstan.

 

 

 

Monitoring capacity development of the network members

Last years Forum’s experience showed that monitoring depends on many factors, not only on access to data, availability of information, but also on capacity to work with data, analyze it, use it for advocacy, lobbying. We need knowledge and skills to do efficient monitoring. In response to this challenge Forum of Women’s NGOs of Kyrgyzstan continuing its work on monitoring of violence against women in Kyrgyzstan. Forum of Women’s NGOs of Kyrgyzstan held a training to increase women’s monitoring capacity.

Forum of Women’s NGOs of Kyrgyzstan pay big      attention to capacity development of the network members. In order to build monitoring capacity Forum of  Women’s NGOs of  Kyrgyzstan under the OSI sponsorship held a training workshop on monitoring skills building (October 2005). In addition to this Forum of  Women’s NGOs of  Kyrgyzstan in partnership with IWRAW, IIE, APWLD, Hunt Alternative Fund sent representatives of the forum, its network’s network, local monitors to the IWRAW’s training “From global to local” (June-July and October 2008).  Our network and staff raised monitoring capacity also through participation at CEDAW session and participation at Forum’s shadow reporting process both in Kyrgyzstan and in UN.

 

Monitoring training 2006

(training was sponsored by OSI Budapest)

List of participants:

  1. Alga,  rural women’s NGO in Chui oblast
  2. Kol-Kabysh, Naryn region
  3. Center of support to women
  4. Metsolibo, Kochkorka, Naryn oblast
  5. Tendesh, Naryn
  6. Sezim, Bishkek
  7. Crisis center Darshaim
  8. Hairinisso, village Kara-Dube, Jail region
  9. Republican independent Association of disabled women, Bishkek,
  10. Soobker, Naryn

Center of support to women’s initiatives, Djalal-Abad

  1. “Ledi Shirin”, Talas region
  2. At Bashi’s women’s center — Naryn oblast
  3.  Kyiak — Batken region
  4.  Yrys, Kyzyl-Kyia, Batken oblast
  5. Altynay, Cholpon Ata,Issyk-Kuloblast
  6. Ayl Aimdary, Djalal-Abad region
  7. Support of women and children,Osh region, Kara-Suu region
  8. Aitoldu, women’s NGO of the Djalal-Abad region
  9. Association of crisis centers of Kyrgyzstan, Bishkek
  10. Protection of women and children, Bazar-Kurgan, Djalal-Abad region
  11. Aiym ajary, Djalal region
  12. Dai shans — Noukat rayon,Osh oblast
  13. Kurkak uchuk, Osh region
  14. Women’s initiatives Center of  Talas region, Talas
  15. “Bermet”, Chui region
  16. Ulgu, Djalalabad region
  17. Crisis center Shans
  18. Crisis center in Djalalabad – Kaniet
  19. Crisis center Arulan inOsh
  20. Crisis center Akyl Kara Chach in village Gulcha
  21. Crisis center Djanyl Myza in Batken
  22. Crisis center Maana in Talas
  23. Crisis center in Osh Meer Ban