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Violence against women


Forum of Women’s NGOs of Kyrgyzstan has monitored implementation of women’s rights and in 2008 has submitted a list of critical issues for the CEDAW pre-session working group and also a full shadow report to the 42nd session of the CEDAW Committee. Nurgul Djanaeva and Bermet Stakeeva are the authors of the shadow report and the list of critical issues. Eight women’s NGOs – network members, crisis centers contributed to the monitoring. Chinara Kartanbaeva, Sveta Saykbaeva, Lilia Salimjanova from the Forum of Women’s NGOs of Kyrgyzstan have participated in the official country reporting session and Chinara Kartanbaeva made an oral intervention at the 42nd CEDAW session in October 2008.

Forum of Women’s NGOs of Kyrgyzstan continued its work on integration of the Human Rights approach to women’s  issues. Domestic violence is a human rights issue, as well as all forms of violence against women.

2006 -  FWNGO was invited to become a national monitor for the international network  STOPVAW  Monitor.

2005 — Forum of  Women’s  NGOs  of  Kyrgyzstan started working on the alternative report to  CEDAW  Committee.

 

 

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 toKyrgyzstanin 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.

 

Kyrgyzstan legislation, policies and programs related to VAW

 

In the KyrgyzRepublic, there are the following laws related to different forms of violence: a law on domestic violence, a law “On prevention and combating trafficking in persons” and a On the Basics of the State Guarantees of Gender Equality. They contain articles related to violence against women. The Criminal Code criminalizes bride kidnapping.

 

Kyrgyzstanpartially implemented its obligation to protect women from violence by adopting and amending State laws, policies and programs. Recognition of violence against women is based on the formulation in the Criminal Code.  It covers the following forms of violence: crime against persons, killing, intentional harm to health, beating, torture, rape, forced action of sexual character. National indicators used by National Statistical Committee — Number of registered crimes against women on categories of crimes as defined in the Criminal Code: killing, inflectional harm to health, beating, torture, rape, forces sexual acts, kidnapping, forced marriage.

 

  • “Law on Social-Legal Protection from Domestic Violence of the Kyrgyz Republic” (2003)
  • The Sixth Strategic Goal of the National Plan for Action to Achieve Gender Equality in the Kyrgyz Republic for 2002-2006 and for 2006-2010 is called “Decreasing all forms of violence against women”.

 

Last edition of the Family Code was adopted on 24 July 2004 under the #96. In this law there is no special provisions for VAW cases, including remedies, compensation for pecuniary and non-pecuniary damages. But article 18 restricts rights of a husband to initiated divorce during his wife’s pregnancy and one year after child delivery without wife’s consensus.

 

Unfortunately, law enforcement and government officials have failed to integrate existing promising laws into the everyday fulfillment of their duties. Not all appropriate means are pursued to eliminate discrimination.

 

Low capacity and awareness level

Low awareness level among State officials and public about the law on domestic violence and other national and international legislation that protects women and could be used more widely and efficiently

 

State commitments and obligations

The Sixth Strategic Goal of the National Plan for Action to Achieve Gender Equality in the Kyrgyz Republic for 2002-2006 and for 2006-2010 is called “Decreasing all forms of violence against women”. It includes as one objective: Promote wide information and enlightenment campaign “Life without violence” This has not been done on regular State level and no funds were and are allocated.

Forum’s monitoring shows that awareness-raising campaign was done rarely.

 

In educational institutions educational programs on combating violence against women are rarely and inconsistently available to students.  Elementary and secondary school curricula do not deal specifically with the different forms of violence against women, the prevailing prejudices about the sexes and the stereotyped gender roles, or gender discrimination in general. The National Action Plan on Reaching Gender Equality, however, envisions the incorporation of gender components into the curricula of all levels of education.


There are no special items, topics in the school curricula — both in the elementary and secondary schools- about VAW, and its different forms and about prejudices and stereotyped roles for the sexes (as well as gender discrimination generally). The issue of violence against women is not in the agenda of the Ministry of Education. In the response information to Forum’s monitoring Ministry has reported in September 2006 that courses on gender are not mandatory and it is decision and freedom of educational institutes to introduce them in Universities’ curricular or not.

 

There are no mandatory training programs (at universities, vocational schools, etc.) for future professionals, including the police, prosecutors, judges, health, social, child and family protection personnel as well as teachers, about VAW, and its different forms and about prejudices and stereotyped roles for the sexes (as well as gender discrimination generally)[1]. There are no mandatory training programs for the practicing professionals including the police, prosecutors, judges, health, social, child and family protection personnel, as well as teachers, about the above topics. But it depends on institution’s leadership. For example,  “On the basis of the academy of specialized police school MoI training was organized for the department of interior affairs on gender components. The curriculum of  the academy of MoI introduced a special course named Gender Policy in the Activities of the Department Interior Affairs.  In the Bishkek department of  interior affairs the following themes were introduced to training groups into all training plans:  Role of women in everyday life, violence against women and provision of urgent assistance to people, victims of accidents and crimes, and the understanding of gender sensitivity.

 

There are other limited training programs for practicing professionals about the above topics. The number of participants is not available. The duration depends on individual projects. The content covers the following topics: domestic violence, trafficking, norms of international law. The organizers are national and international  NGOs are NGOs and rarely State organizations.

 

“Victims fail to report crimes committed by their relatives or husbands to the police.  The main reason is rooted in existing gender stereotypes of women and other victims (lack of trust in solving the problem through legal actions) as well as in fear of retaliation by the perpetrator”.

   

    Domestic voilence

  •  Evidence of high scale of domestic violence from state resources
  • Evidence of scale of non application of  laws
  • Case
  • Kyrgyzstan legislation related to domestic violence
  • Problem:  Ineffective application and enforcement of existing laws and State orders
  • Problem: Despite the actions taken by the State,  further legislative reforms are necessary
  • Problem: State measures to increase financing program, policies, and implementation laws related to violence against women
  • Recommendations
  • National campaign “16 days against violence”
  • Memorandum with the Ministry in Internal Affairs and Academy under Ministry of Internal Affairs

 

 

Evidence of high scale of domestic violence from state resources:

  • Department of Interior Affairs made 8,579 visits to respond to domestic violence calls in 2005.
  •  Police made preventive registration 2002-2005 -15,262 people who committed domestic violence.

 

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;

 

Kyrgyzstan legislation related to domestic violence

Kyrgyzstan partially implemented its obligations with regard to VAW by:

  • Adopting in March2003 aprogressive law to address the problem of domestic violence “the Law on Social-Legal Protection from Domestic Violence of theKyrgyzRepublic” (2003 Domestic Violence Law).
  • Adding amendments to legislation regarding the consequences of the violation of the 2003 Domestic Violence Law ”. Law of the Kyrgyz Republic “On introduction of amendments into the Code of the  Kyrgyz Republic on administrative liability”, added three new articles into the Code: 66–3, 66–4 and 66–5. Articles 66-4 and 66-5  on non-implementation of the temporary and judiciary protective order provisions state that, non implementation of the temporary and judiciary protective order provisions lead to administrative fines or administrative arrests up to 10 days and 15 days.
  • Setting up a working group under the President’s Administration “Social and legal protection from violence in the family” and recommendations were developed by this group.
  • Ministry of Internal Affairs’ order # 388 on “Integration of temporary protective orders and statistical data collection on them into practical work of district police departments”.

 

The legal system of Kyrgyzstancontains in “Law on social and legal protection from violence in family” temporary protective order and protective judicial order (article 21). Protecting order is determined in the Law of the Kyrgyz Republic “On Social and legal protection from violence in the family” as  “a procedural legal document, providing state protection to victim of domestic violence or its thread, and bringing warning to a person, who acted or threatened to act with violence, in the form of measures, determined by this law” (article 1). Temporary protective order is given by the police officer and should be filed within 24 hours after the domestic violence act or its thread or from the moment of the appeal submission. Temporary protective order is given to the perpetrator up to 15 days. In case if the perpetrator is breaking the conditions of the temporary protective order this person might be fined. Control lies on police. Article 24 provides formulations of temporary protective order conditions. They include: prohibition for violator to make any violent acts against the victim, regulation of the violator’s access to children, payment of the medical treatment, warning of the violator about administrative responsibility in case of the violation of the protective order conditions, information to victim about rights to initiate criminal case, to divorce, on property division. Monitoring of the observance is on police. Protective judicial order is given with the purpose to protect victim from the domestic violence with the consent of the victim for duration of 1 up to 6 months (article 25).  Article 26 formulates the order of decision-making about giving protective judicial order. According to this article court makes a decision about giving or not protective judicial order to violator. Court holds hearing within 10 days from the days of application submission.  Court has to send its decision to the territorial police department with 24 hours after decision-making. Monitoring of the observance is on police and judicial executor. Article 27 formulates conditions of the protective judicial order. They are same that of temporary order but include additional conditions: suggestion to violator to leave the place of living regardless of who is the owner, warning about inadmissibility of contacts with the victim, prohibition for violator to purchase or use weapon, warning of the violator about possible criminal responsibility if breaking the conditions of the order.

 

There were amendments to legislation regarding the consequences of the violation of this Law on social and legal protection from violence in family. Law of  theKyrgyzRepublic“On introduction of amendments into the Code of the Kyrgyz Republic on administrative liability”, added new three articles into the Code: 66 –3, 66 –4 and 66 –5. Articles 66-4 and 66-5  on Non implementation of the temporary and judiciary protective order provisions state that, non implementation of the temporary and judiciary protective order provisions lead to administrative fines or administrative arrests up to 10 days and 15 days (Law of  the Kyrgyz Republic “On introduction of amendments in the Code of the  Kyrgyz Republic on administrative liability”, of 26 July 2004, # 98).

 

Problem: Despite the actions taken by the State,  further legislative reforms are necessary 

  • There are some troublesome provisions that should be removed or changed in 2003  Domestic Violence Law , such as removal of the victim from the home and insufficient duration of protective orders. Also there is a need to further improvement of the Criminal Code. Beating occurred in family should be classified as criminal act and be included to the Criminal Code. In the Criminal Code there is no law or article, which explicitly defines or prohibits sexual harassment, whether generally, in the workplace or in educational institutions.  The law should also bind State to take financial responsibility  for protection and treatment of the victim of domestic violence.
  • There is a need  to harmonize  the laws and there are at least 14 legal acts that need to be amended.
  • There in no state system of compensation to victims of domestic violence.  There is also no legal norm regulating compensation to victims.
  •  The law of  the  state obligation on Article 6 of the DV law needs to be changed to make concise and clear the right  to compensation for victims of domestic violence.
  • Article 7 needs  to be amended to make clear the state bodies’ responsibilities.
  • Article 9 is not implemented and needs changes to increase role of prosecutors’ office
  • Amendments to  article 10  are necessary.   This formulation should be changed or deleted because it creates additional legal barrier to already existing cultural one. Before a victim collects all this required materials she may be killed by perpetrator if sanction are not on time and the essence of temporary orders is in immediate response to violence against women in family. Oral appeal or evidence from victim or police should be enough.
  • Article 18 on social intervention of the domestic violence should be amended to add a provision requiring the  automatic removal of the perpetrator from the home.

 

Problem:  Ineffective application and enforcement of existing laws and State orders

Currently, there are no statistics on domestic violence,  although law enforcement agencies are required to compile these statistics pursuant to  the 2003 Domestic Violence Law . However, Kyrgyz NGOs as well as 2006 Human Rights Watch Study “State Failure to Stop Domestic Abuse and Abduction of Women in Kyrgyzstan” report that domestic violence in the country is increasing. The 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.

 

The Minister of Interior developed and integrated into the practice a form of temporary protective order.  The department of internal affairs of the republic issued 31 temporary protective orders in 2003, 62 in 2004 ,101 in 2005 and 39 during the first  3 months of 2006. 63 materials were transmitted to the court which issued judiciary protective orders. With the purpose of decreasing domestic violence, district police from the  department of  interior affairs of the republic executed preventive measures among people who commit domestic violence.

 

Description and proof of the problem

  • The need to  develop  an enforcement mechanism for the 2003 Domestic Violence Act.
  • Low level of regular State monitoring of  laws enforcement   as contributing to  the problem of low level of  application.
  • CEDAW was not used and not referred to judicial practice in cases on VAW.
  • Articles 10, 17, 18, 19, 22, 23, 24, 25, 26, 27 and 28 of the 2003 Domestic Violence Act  were rarely applied .
  • Low level of use of protective and judicial orders in practice.   Law  on Department of Interior Affairs doesn’t include norms of officials’ duties regarding issuing temporary protective order. During the 2005 – 2006 no judicial orders were issued by courts. Rare practice of issuing of protective, especially of judicial orders — number of issued orders was evidence of  this.
  • Annually police officers do 8-10 thousands visits to domestic violence cases. But they are not fully documented. According to National Statistical Committee’ data, in 2005 4135 cases of domestic violence against women were registered.
  • Existing bad conditions of the law applications in police departments, lack of specialized officers in police departments. There are no special units or responsible persons in law enforcement agencies dealing only with cases of violence against women.
  • No state, municipal shelters or crisis center for victims of domestic violence.
  • Not satisfactory police performance in dealing with violence against women the rights of victims of domestic and sexual violence are not properly protected. In cases of domestic violence police officers are not following  their own Ministry’s instruction and do not register often cases of domestic violence. 98 % of interviewed police officers don’t consider domestic violence as a serious crime.  Often police refuses to take an appeal under the pretext that there  is not enough evidence of the crime.
  • No state, municipal shelters or crisis center for victims of domestic violence.
  • Judges do not provide justice based on law. Judges do not use CEDAW and very rarely use national laws on Domestic Violence. For example, monitoring by  the Forum of Women’s NGOs of Kyrgyzstan in the some districts showed that during 2005-2006 courts received 63 cases on domestic violence, but the courts issued  only 18 protective orders. In the period of 2005-2007 Kyrgyzstan courts didn’t issue even one judicial order. Many judges not only don’t work with cases of domestic violence, but they even don’t know about the existence of the domestic violence law.
  • Domestic violence related reports from judicial department under the Ministry of Justice of the Kyrgyz Republic, received upon Forum’s request provides the following data. In 2005 warning notes about possible arrests were given to 14 violators, 13 of them were men, and 1 – woman. Total number of victims of domestic violence in 2005 were 14 persons, 8 of them were men, 6 – women. Total number of violators was 14, 13 men and 1 woman.
  • According to the official reply from the Ministry of Healthcare, state medical institutions are the first state units where victims of violence go to.  This is the reason why, in 2005, Ministry of Healthcare has introduced  changes into registration and reporting documentation, so that  data is collected on the number of victims of violence (domestic, physical, psychological, sexual). In 2005, 377 people were registered as victims of violence, 243 (64,4%) out of them are women, which probably does not reflect the real scale of the problem. Received data from other statistical medical materials are published in the form of collection that is used in the work of the healthcare system.

 

 

 

Case

 Domestic violence victim, a young unemployed woman with secondary education form the remote village has come to the NGO Crisis center “Tendesh” for help. This woman was regularly subject to domestic violence (beating, psychological violence) from her unemployed husband and his relatives. Before two years she has come to the crisis center she was kidnapped by her future husband from her relatives house in the different province of the country. At the moment of appealing to the crisis center they had a daughter who was one year old.  After the beating, the woman ran way to neighbors, which saw everything but did nothing in reaction. This is evidence of the people’s awareness about women’s rights – victims of domestic violence. The last time, her husband threatened her to kill by knife. After this she has appealed to the police district office. When the policeman arrived to the place they  took no action, despite continuing threats from the husband in their presence. The appeal from the victim was not taken and no registration protocol was filled. According to the policemen it was due to absence of the identity documents of the victim and her husband.

After the victim came to the crisis center its personnel  contacted law enforcement offices for clarification, but  the response was that victim didn’t have identify documents. On the question of the crisis center staff “What if she is killed”, the police officer responded that it is her problem.

Finally an assistance in the form of clothes, transport costs, costs of telephone communication with relatives was provided by NGO crisis centers “Tendesh” and “Sezim”.

 

This case  demonstrates violation of women’s right and non-implementation of norms, that are formulated by the Kyrgyzstan laws.

 

Sanctions for Domestic violence are not applied fully.  In 2006, in Kochkor district of Naryn province, 150 domestic violence complaints were filed with only 19 cases reaching the court and 4 protection orders issued whilst 74 complaints were rejected for lack of  “crime”.

District police officers and do not use Kyrgyzstan law on Domestic violence in the daily work.

Even if we issue temporary protective orders a question arise, how to prevent direct and non-direct domestic violence victims with perpetrators. We don’t have special places and services, which would work with perpetrators.

Police office, Naryn Province

 

  •   Despite adding amendments to the Administrative Code on administrative liability in accordance with the abovementioned law (articles 66-3, 66-4, 66-5 formulate responsibility for domestic violence, non-implementation of the conditions of the temporary and judicial protective orders),  no cases were investigated under  article 66-3 (domestic violence) and 66-5 (non implementation of conditions of temporary and judicial protective orders).
  • The Minister of Interior developed and integrated into the practice a form of temporary protective order.  The department of internal affairs of the republic issued62 in 2004 ,101 in 2005 and 39 during 3 months of 2006.  63 materials were transmitted to the court which issued judiciary protective orders.
  • State institutes on social protection do not participate in domestic violence law implementation.

 


 

 

Problem: State measures to increase financing program, policies, and implementation laws related to violence against women


Budget allocated for implementation of tasks in the area of VAW from State budget is not specified. It is only noted  that state budget and other then state budget resources will be used. No specific deadlines are fixed in any State documents with regards to VAW.

 

There is no budget line in the State and municipality budget for the fight against VAW. 

 

There is no yearly amount for the support of  NGOs  from the State (authorities), including for those working in the field of VAW.

 

There is no financing system to compensate victims. There is no differentiated budget allocation for implementation of the commitments related to violence against women. State gender equality machinery is understaffed. Number and qualification of staff on VAW– 1 person, who also has other responsibilities and has no special professional background.

 

There is no budget line  in the State or municipal budgets for  activities to address  VAW.  This is despite the fact that the  Matrix of Activities to Implement 2004 Concluding Comments. clearly includes plans to sett up municipal crisis centers with services for  victims of trafficking VAW. The State has failed to  create even  a single such crisis center.  Moreover, the  State doesn’t provide sustainable and consistent support to existing crisis centers.

 

There is no state financing system to compensate victims. Shelters and hotlines in Kyrgyzstanare generally operated by crisis centers and women’s NGOs. There are about ten crisis centers, which provide immediate help for women and children victims of domestic violence, rape, trafficking in persons, as well as support to victims of physical, psychological, sexual and economic violence. However, the crisis centers are often unclear about what form of violence they address. Their services are usually available free of charge but are not accessible throughout the country. Depending on funds, they provide medical, psychological, social, and legal assistance and shelter for up to one month. International donors serve as the sources of cash funding for crisis centers. The state sometimes provides in-kind donations, such as a free telephone line and free space, but this is more an exception than a rule. Victims of violence against women can use free legal consultations at police departments or free consultations in consulates when being abroad. Although the National Action Plan on Reaching Gender Equality envisions the development of a program to work with perpetrators, there are no treatment programs for offenders whether on a regular or a project basis. As occasional community initiatives, offender treatment programs are offered by women’s NGOs working in the countryside.

Although State Commitment on financial support from state budget was formulated in the NPA, the State Report doesn’t address its implementation. Regarding the funding of planned NPA on gender equality activities, it mentions that the state budget and other resources will be earmarked, but the amount is not specified. Tasks regarding violence against women include: organizing training programs for law enforcement personnel and judges to raise gender awareness among them; supporting crisis centers; developing an information manual for schools on prevention of violence against women; applying an intersectional approach in the organized response to violence against women; collecting gender statistics on all forms of violence against women and children; monitoring and analyzing the effectiveness of measures used.

 

Government lacked the adequate resources to implement many aspects of the anti-trafficking national program.

 

There is no budget line in the state or municipality budgets for combating violence against women. There is no yearly amount earmarked in the state budgets for the support of NGOs, including for those organizations working in the field of violence against women.

 

Examples:  State doesn’t provide even enough paper with forms for protective orders’ forms to police departments, no state locations for victims, even no funding for police to pick up victims, etc. The State Report fails to include  information on level of technical support to police on the law implementation.

 

Recommendations of the Forum of Women’s NGOs of Kyrgyzstan in its shadow report to CEDAW Committee

  1.  To continue Legislation reforms and enforcement of existing  laws. The 2003 Domestic Violence Act and corresponding laws of theKyrgyzRepublic such as the Criminal Code, the Administrative Code, the Family Code and other legislation related to Domestic Violence need to amended and harmonized to remove contradictions between the laws. To include criminalization of all offensive acts against women, including sexual harassment; Strengthen the legal basis for combating violence against women by holding regular gender expertise of the current legislation and developing and adopting special legislative and normative acts aimed at the struggle against violence against women; to strengthen the 2003 Domestic Violence Act  by  including amendments on punishment and financing.
  2. Development and enforcement of implementing mechanisms, such as guidelines for implementing the  2003 Domestic Violence ACT, the Ministry of Internal Affairs internal instructions and domestic violence desks at each district branches of the Ministry of Internal Affairs.
  3. Improve police performance in dealing with violence against women so as to ensure that the rights of victims of domestic violence, trafficking, sexual violence and all other forms of VAW are properly protected;
  4. Establish a stronger and clearer punishment mechanisms for offenders;
  5. Monitor and analyze the effectiveness of measures used in combating violence against women, including monitoring implementation of international and local recommendations with the active participation of the judiciary and law enforcement officials;
  6. Improve the process and Improve capacity of the government agencies to generate, use and publish data on domestic violence nationally.
  7. Allocate sufficient funds to combat violence against women, using the state budget and other resources as well following article 24 of the law of  Kyrgyzstan (of 2003) on state  guarantees on gender equality  which clearly states government is recommended to “finance activities on realization of the state policy in the area of gender equality” including: to set up compensation mechanism for victims of violence against women; to oblige local governance to allocate in local budget to address violence against women.
  8. Improve capacity in gender-responsive budgeting of the Ministry of Internal Affairs to ensure adequate government funds are allocated to enforce legislation to end domestic violence.
  9. Develop and adopt special bylaws for various professions with codes of conduct or guidelines would regulate how to deal with cases of violence against women.
  10. Establish a special state department on violence against women within the working body of the National Council on Women, Family and Gender Development with staff to coordinate actions in the country aimed at the reduction of violence against women;
  11. Strengthen capacity of the law enforcement officers in understanding domestic violence legislation, women’s human rights and gender issues and incorporating these into their work. Introduce mandatory training programs for practicing professionals, including the police, prosecutors, judges, health, social, child and family protection personnel, as well as teachers, about the above topics;
  12. Carry out systematic training programs for the judiciary and law enforcement officials to raise gender awareness on the issue of violence against women and make them women-friendly; strengthen such component on professionals training as training on VAW with law on domestic violence inPoliceAcademycurriculum.
  13. Undertake the transformation of social attitudes towards violence against women, especially those concerning practices of bride kidnapping, polygamy, sexual harassment, sexual violence, domestic violence, and trafficking;
  14. Expand educational programs at all levels to change traditional attitudes and stereotypes towards violence against women in all forms;
  15.  Introduce measures, including an extensive, nationwide public awareness-raising campaign organized together with NGOs, to inform the population through the mass media about the problem of violence against women.
  16. Emphasize that domestic violence, forced marriage, bride kidnapping, and sexual harassment are violations of human rights and not simply “women’s issues”
  17. Ensure support by the state and international organizations for crisis centers, shelters, hotlines and women’s NGOs dealing with violence against women and expanding their network throughout Kyrgyzstan;
  18. Strengthen the capacity of Women’s NGOs (including crisis centers) in monitoring domestic violence and holding government agencies accountable for implementing the laws to end violence against women

 

Committee on the Elimination of Discrimination against Women at its Forty-second session during 20 October-7 November 2008 made Concluding observations of the Committee on the Elimination of Discrimination against Women for Kyrgyzstan.

19. The Committee remains concerned about the fact 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 centers, mainly run by NGOs, rather than  addressing the State authorities. The Committee also expresses concern about the lack of detailed information on sexual violence against women, including sexual harassment in the workplace, in the report of the State party.

 

20. In line with its previous concluding observations, the Committee recommends that an extensive public-awareness-raising campaign against violence in the family be launched nationwide. 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; and that the judiciary is provided with and effectively uses or strengthens the existing mechanisms so as to ensure that the

rights of victims of domestic violence are properly protected. The Committee further recommends that an adequate State budget be allocated for the programmes to combat violence against women. The Committee also requests that detailed information on sexual violence, including sexual harassment and efforts to eliminate it, be provided in the next report.

 

21. The Committee remains seriously concerned at the continuing existence of bride abduction, despite its prohibition in the law, and notes that this matter was also highlighted in its previous concluding observations. It is also concerned that this practice results in forced marriages, in contradiction to article 16 of the Convention.

The Committee is also concerned at the existence of polygamy, despite its legal prohibition in the State party.

22. The Committee recommends immediate action by the State party to ensure full respect of the laws penalizing bride abduction, forced marriage and polygamy. In particular, the Committee urges the State party to take appropriate measures in order to have all cases involving these phenomena recorded, investigated and prosecuted, even in the absence of a formal complaint. The Committee also recommends that the State party take urgent and effective measures, including the training of the judiciary and law

enforcement officials and constant and large public-awareness-raising campaigns, to eliminate these practices. The role of the media is of crucial importance in this respect. The State party is also invited to conduct research on the causes for the existence and reinforcement of these phenomena, in order

to better understand what would be the most adequate measures for their eradication.”

 

National campaign “16 days against violence” — 2007

Bermet Stakeeva – executive director of Forum of women’s NGOs of Kyrgyzstan was part of the working group on the national campaign “16 days of activism against violence”. Forum of women’s NGOs of Kyrgyzstan took active part in preparing and holding events on the national campaign. The following events took place in the framework of the campaign: press-conference with the organizers of the campaign; National Forum of organizations and activists working in the area of preventing gender based violence; consultative meeting  “Eliminating gender based violence: legislation, law implementation, problems and ways to solution”; final press-conference with the organizers dedicated to International Day of Human Rights.

 

 

 

Memorandum with the Ministry in Internal Affairs and Academy under Ministry of Internal Affairs

On September 7, 2007, Forum of women’s NGOs of Kyrgyzstan signed a “Collaboration Memorandum with Ministry of Internal Affairs and Academy under Ministry of Internal Affairs. The memorandum is aimed at cooperation in monitoring the State’s implementation of its obligations on Beijing Platform of Action and Convention on Eliminating all forms of Discrimination against Women on preventing violence against women.

 

 

 

 

Presentations to State, Parliament and women’s NGOs of the Forum’s recommendation on VAW from Shadow report

On 2 February 2007 inthe UN House Forum of Women’s NGOs of Kyrgyzstan organized a presentations of the  List of Critical Issues for the CEDAW Pre-Session (Violence against women and Women’s participation in political processes) for state officials from law enforcement bodies and president’s Administration department on gender equality, Police Academe, city municipality,  MIA, Judicial department, prosecutors’ office, State agency on public service, international organizations, women’s NGOs. Another similar presentation was done on 5th February to members of the Parliament in cooperation with Parliamentary commission on gender equality. All participants actively discussed raised issues and recommendations well as collected data.

 

 

Regional conference on the legal reform on Domestic Violence  — February 12 – 14, 2008.

In Sofia, Bulgaria a Regional conference on the legal reforms in the area of Domestic Violence was held from 12 till 14 February.

The conference was organized by the Bulgarian Gender Research Foundation and its partner Minnesota Advocates for Human Rights. The goal of the conference is to strengthen the capacity of NGOs, advocates and government officials to create and implement domestic violence laws that promote safety for victims and their children and accountability for violent offenders. As a result of the conference we expect new initiatives and new partnerships for legal reform throughout the region. Nurgul Djanaeva from the Forum of Women’s NGOs of Kyrgyzstan and Gulsara Alieva, colonel, professor from thePoliceAcademy took part in this event.

 

 

 

Training on VAW – level 1 for women leaders, July 2008

From 20 till 24 July2008 inBishkek training workshop on VAW was held for women leaders.

Training was held with the financial support from donor “Mamacash”

 

Trainers were two professors from Police Academy-  Gulsara Alieva and  Venera Tabaldieva.

Major themes were connection of VAW with gender inequality, introduction of main terms of the VAW theory, areas of concerns on Kyrgyzstan, preventive mechanism from domestic violence, international laws on VAW, role of legislation in combating VAW, Kyrgyzstan law social and legal protection from domestic violence, issue of bride kidnapping as violation of women’s human rights.

 

 

Forum’s program officer on VAW, Bermet Stakeeva shared Forum’s VAW monitoring recommendations and plan of their further implementation in their places of the CEDAW.

 

We hope that participants of the training will be addressing issues of VAW in their work and in their agenda as women-leaders. Participants discussed

 

Participants of the training were from all provinces ofKyrgyzstan.

New York, USA, 1- 6 July, 41st session of the CEDAW Committee; two Forum’s representatives were as observers – Nurgul Djanaeva and Elena Mikhailidi.

 

 

UN SR on VAW in Saint-Petersburg

Saint-Petersburg, Russia, September 17-19, Non-Governmental East European and Russian FederationRegional Consultation with the UN Special Rapporteur on Violence against Women Dr. Yakin Erturk. Regional consultation with UN Special Rapporteur on VAW, Dr. Yakin Erturk, was organized by the Russian crisis center “Anna’. Nurgul Djanaeva, Head of the Forum of Women’s NGOs of Kyrgyzstan made a presentation of the VAW inKyrgyzstan.

 

2007: Representatives of the Forum of Women’s NGOs of Kyrgyzstan attended the following meetings, all related to the status of women: New York USA, 26 February — 9 March, The Commission on the Status of Women, 51st session on “The elimination of all forms of discrimination and violence against the girl child” as its priority theme. Three representatives were speakers at APWW parallel event “Violence against girls” -  Nurgul Djanaeva and Bermet Stakeeva.

Participation at 42nd session with our shadow report

Forum of Women’s NGOs of Kyrgyzstan was represented by three people: Chinara Kartanbaeva, program officer, our network member and monitor from the mountainous province Sveta Sayakbaeva from Naryn, crisis center Tendesh, and a young activist Lylya Salimjanova.

On the 23rd October 2008 Chinara Kartanbaeva on behalf of the Forum of Women’s NGOs of Kyrgyzstan presented our shadow report to the CEDAW Committee. She also made an oral official presentation of man points. In the picture Kyrgyzstan women’s NGOs team: Chinara Kartanbaeva, Sveta Sayakbaeva, Lylya Salimjanova  from the Forum of Women’s NGOs of Kyrgyzstan, Shahnaz Islamova from Tais Plus, Syinat Sultanalieva from Labris and Munara Beknazarova from Women’s support center are preparing to the meeting with CEDAW Committee members in Geneva on October 2008.

 

 

Statement of the Forum of Women’s NGOs of Kyrgyzstan

CHINARA KARTANBAEVA, of the Forum of Women’s NGOs of Kyrgyzstan, speaking on violence against women, noted that while Kyrgyzstan had adopted a law on domestic violence in 2003 there were no obligations on financing the law or mechanisms for its implementation. The level of issuance of protective orders was very low. For instance in 2006, where 150 cases of appeal on the issue of domestic violence were recorded in one region, only 4 protective orders were issued. Furthermore, no compensation to victims of domestic violence existed.