In Kyrgyzstan, as in many other countries around the world, violence against women and girls remains a critical issue requiring immediate attention and action. The Parliament of Kyrgyzstan (Jogorku Kenesh), in collaboration with the United Nations Development Program (UNDP) and the UN-EU Initiative "Spotlight," is actively working to establish a legislative framework aimed at addressing this issue and safeguarding the rights of women and girls. In this article, we delve into the legislative measures undertaken by the parliament and UNDP.
Advancements in Gender Equality Legislation: Kyrgyzstan's Commitment to Protecting Women's Rights
September 5, 2023
Authors: Ainagul Abdrakhmanova and Nazgul Asangojoeva-Baekova
In Kyrgyzstan, as in many other countries around the world, violence against women and girls remains a critical issue requiring immediate attention and action. The Parliament of Kyrgyzstan (Jogorku Kenesh), in collaboration with the United Nations Development Program (UNDP) and the UN-EU Initiative "Spotlight," is actively working to establish a legislative framework aimed at addressing this issue and safeguarding the rights of women and girls. In this article, we delve into the legislative measures undertaken by the parliament and UNDP.
In 2020, the Jogorku Kenesh passed amendments to key legal codes and laws, including the Criminal Procedure Code, the Law on Alimony, and the Law on Guaranteed State Legal Aid. Furthermore, with support from the UN-EU Spotlight Initiative, efforts were made to develop amendments to the Labor Code, the Code of Administrative Offenses, and the Criminal Code to combat sexual harassment in workplaces. Several important projects, such as "On Amendments to Some Legislative Acts of the Kyrgyz Republic in the Field of Safeguarding and Protection Against Domestic, Sexual, and Gender Violence," "On Amendments to the Law of the Kyrgyz Republic 'On State Guarantees of Equal Rights and Equal Opportunities for Men and Women,'" and a draft law targeting discrimination, is expected to be deliberated in the near future.
Throughout this process, legal experts examined 36 laws and 60 normative acts, resulting in specific recommendations for enhancing legislation and law enforcement practices concerning violence against women and the promotion of gender equality. These recommendations were presented to the Parliamentary Committee on Law and Order, Combating Crime and Corruption of the Kyrgyz Republic, and subsequently forwarded to law enforcement agencies and the judicial system for their consideration and response.
Dinara Ashimova, a proactive member of parliament, emphasized, "These laws and amendments were developed to provide comprehensive support to women and girls who have experienced sexual, gender, or domestic violence while eliminating impunity for perpetrators. They aim to ensure access to justice for victims, safeguard the rights and legitimate interests of victims, and enhance the efficiency of officials handling criminal proceedings related to sexual and domestic violence. Investigative and judicial practices have demonstrated that women and children affected by domestic, sexual, and gender violence require procedural guarantees—legal means and methods to uphold their rights and ensure fair resolutions of criminal cases and violations."
National statistics from 2022-2023 indicate that women constituted the overwhelming majority (95-96%) of domestic violence victims (Ministry of Internal Affairs of KR). Therefore, the enactment of these laws will have primarily positive ramifications for the rights and protection of women and children experiencing domestic violence. According to Article 1 of the Law "On Safeguarding and Protection against Domestic Violence," even minor children witnessing domestic violence are considered victims.
The economic consequences of domestic violence are substantial and place a burden on the state budget. The study "How much is violence in the family?" revealed that the direct costs related to investigating domestic violence-related homicides, court proceedings, detaining suspects, and incarcerating convicted individuals exceed 1.6 million Kyrgyz soms. The average cost of maintaining a shelter for women who are victims of violence is approximately 2 million Kyrgyz soms.
The proposed draft laws outline terms and mechanisms that will help mitigate corruption risks. They also clarify the concept and expand its application to a broader range of individuals, providing more effective mechanisms for SGBV survivor protection. The adoption of these laws will facilitate more effective prosecution of wrongdoers, reduce the risk of recurring violence, and provide better safeguards for SGBV survivors.
Implementing these changes in the law will positively impact the gender situation and enhance the protection of citizens' rights. The adoption of the draft law is not expected to result in negative social, economic, legal, human rights, gender, environmental, or corruption consequences.
Based on the successful reforms and initiatives implemented within the project, we call upon everyone to join in active collaborative actions. To achieve progressive changes in the field of women's rights, gender equality, and violence prevention, it is imperative to continue improving legislation, developing institutions, changing norms, and ensuring high-quality services. We can only protect every woman and child through these efforts, making equality and justice an integral part of our culture. Let's unite our efforts and continue moving forward, making our world better for all.
About the "Spotlight" Initiative:
In January 2020, in partnership with the Government of the Kyrgyz Republic, the European Union (EU), and the United Nations (UN), a multi-year national program called the "Spotlight Initiative" was launched to eradicate all forms of violence against women and girls. The program's objective is to create an environment in which all women and girls in Kyrgyzstan, particularly the most vulnerable, can live without fear of violence and harmful practices, such as early marriage and "kidnapping."
The "Spotlight" Initiative encompasses a comprehensive set of integrated activities with a focus on policy and legislation. The program is actively engaged in reforming the legal framework to safeguard the rights of women and girls.