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Beijing Betrayed Asia and the Pacific

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Beijing Betrayed Asia and the Pacific ASIA AND THE PACIFIC ASIA CENTRAL ASIA New Laws Adopted but Change a Long Way Off ubmitted reports from Central Asia include the Republics Overall, women’s work in the unpaid sector is unaccounted for in of Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan. all the Central Asian countries covered in this report. No statistics Turkmenistan, along with Iran and Afghanistan—which exist to track such work nor are any measures in place to account for are often considered to be part of this subregion—did unpaid home and farm work, which disproportionately is the respon- not report. sibility of women, or to create conditions of equity in sharing family In Central Asia, the reporting countries have all ratified the Conven- welfare and household responsibilities. In the formal sector, there has Stion on the elimination of All Forms of Discrimination against Women been a reduction in the number of women in highly remunerative (CEDAW). Generally, governments condemn violence against wom- sectors. Women’s work in the informal sector is mainly in indepen- en and endorse prevention of such acts. Yet violence against women in dent small trade or in “shadow businesses”—underground, off the Central Asia is prevalent. Current law enforcement practices treat do- books and untaxed—owned by men. mestic violence indulgently, and governments lack programs to train Data on women’s participation in Central Asia in the natural re- judicial, legal, medical, social, educational, police and immigrant per- sources and environmental sector has not been widely recorded. sonnel on dealing with violence against women. Most of the training As the majority of the populations live in rural communities, land that exists is carried out by women’s NGOs, but it is limited because reforms are critical issues to women throughout the subregion, but of resource constraints faced by these organizations. latent forms of discrimination among officials blocks access. HUMAN RIGHTS tion; and CEDAW. The Government of Ta- and opportunities principle but also the Con- jikistan ratified CEDAW and the Protocol; stitution of Kazakhstan. The article finally was CEDAW Compliance the International Covenant on Economic, So- rescinded in 2004 when the new Law on La- In Central Asia, Kazakhstan (1998), Kyrgyz- cial and Cultural Rights (ICESCR); Interna- bor Safety and Protection was adopted. stan (1996), Tajikistan (1993) and Uzbeki- tional Covenant on Civil and Political Rights Women in Kazakhstan are prohibited from stan (1995) have ratified CEDAW. Kazakh- (ICCPR) and its first Optional Protocol (IC- driving large automobiles and buses carrying stan, Kyrgyzstan and Tajikistan have also CPR-01); Convention on Elimination of All more than 14 passengers. Moreover, new dis- ratified the Optional Protocol. There are no Forms of Racial Discrimination (CERD); criminatory laws have come into force fol- reservations from these countries. and Convention on the Rights of the Child lowing CEDAW ratification. A new labor States that have ratified CEDAW are le- (CRC). As with CEDAW, implementation law (2000) revoked many privileges earlier gally obligated to take steps to respect, pro- on these agreements is slow to emerge. granted to women with young children. For tect, promote and fulfill the rights of women. instance, women are no longer entitled to Ratification of CEDAW, however, has not al- National Law breaks, previously included as paid time, for ways translated into concrete measures aimed In Kyrgyzstan, eight laws relating to women’s feeding children who are under 18 months at protecting women against discrimination. rights have been examined and 84 amend- of age. Maternity leave has been reduced, Awareness of the Optional Protocol to ments and recommendations were made in and this law also does not include a direct CEDAW is not high. In Kyrgyzstan, there the period between 1996 and 2000. In 2002, prohibition on the dismissal of women who are no known examples of women having President Askas Akaev signed the National are on pregnancy or maternity leave and does used it. The Government has not taken mea- Action Plan on the achievement of gender not provide for individual working hours’ sures to provide information and training to equality and a decree on the improvement schedule and part-time jobs for women as the population on the complaint process. As of the personnel recruiting policy to involve stipulated by CEDAW. The new law also a result, not a single registered application more women leaders in governance. The Par- prohibits men from going on leave to take has been made through any individual com- liament adopted two new laws in 2003 on care of children. plaints mechanism from Kyrgyzstan to any gender issues, one related to state guarantees National Action Plans do exist. For ex- of the UN committees of treaty bodies. The for gender equality in the Republic and the ample, Kyrgyzstan established the National situation was reported to be similar in Ka- other related to social and legal protection Plan of Action for Achieving Gender Equal- zakhstan and Tajikistan. against violence in the family. The law on ity for 2002-2006. Unfortunately, as in the A greater representation of women in deci- family violence was adopted as a result of a case of the National Program “Ayalzat,” for sion-making roles in government and greater people’s initiative led by an NGO that col- 1996-2000 (of which only 30 percent has activity by women’s rights NGOs is impera- lected the required 30,000 signatures by vot- been implemented), not even half of the tive to achieving international standards of ers to submit a draft law for consideration Plan has been implemented to date. Con- women’s rights. by Parliament. sequently, many provisions of the National In 1996, the Parliament of Kyrgyzstan rati- In Kazakhstan, only one discriminatory law Plan of Action, including ones critical to fied five international UN conventions: the on labor protection (1993) has been repealed. promoting women to decision-making posi- Convention on Women’s Political Rights; According to Article 17 of law, all women are tions and ensuring gender budgeting, have Convention on the Agreement on Marriage, to be hired only after a prior medical exami- not been executed. Marriage Age and Marriage Registration; nation, and women up to the age of 45 must In Kazakhstan, the National Action Plan Convention on the Citizenship of Married undergo a medical examination annually. This on improving women’s position was adopted Women; Convention on Maternity Protec- requirement violates not only the equal rights by a government resolution in 1999. The 56 BEIJING BETRAYED ASIA AND THE PACIFIC Plan was prepared with the participation of ture on improving women’s status is the Na- into Russian. In 2000, the Feminist League of NGOs, based on the Beijing Platform for tional Commission on Family and Women’s Kazakhstan had the majority of conventions Action priorities, and included several pro- Affairs (1999). The Commission has con- concerning women’s rights translated and gressive actions. The proposed law on equal sultative status and lacks its own budget. published in the Kazak language. In Kyrgyz- rights and opportunities for women and During five years of activity the Commission stan as well, international conventions have men, a law against domestic violence and a has attracted off-budget funds in the amount been translated into the Kyrgyz language by law on reproductive rights. of US$5.5 million for the implementation local NGOs. The Beijing Platform of Action, Of the listed laws, scheduled to be enacted of various programs. The funds are exclusive- however, has not been translated into Central in 2000-2001, only the law on reproductive ly in the form of grants from large interna- Asian languages. rights has been adopted (in 2004). Important tional organizations. Women’s human rights are not included in programs that were not implemented include In Tajikistan, one of the Prime Minister’s school curricula in most Central Asian coun- adoption of a gender approach in the prepara- deputies supervises matters of women’s sta- tries. Further, no adult education programs tion of new textbooks to eliminate sexist ste- tus and position. In 1991, the Committee covering women’s human rights are in place. reotypes; introduction of gender disciplines in on Women and Family Affairs was founded In Kyrgyzstan and Kazakhstan, however, the higher and secondary education system; and now functions under the Government police bodies are introducing programs on development of a contraceptive policy; devel- to promote and implement the policy of women’s human rights. opment of a draft law on refugees; research improving women’s status in all spheres of on a quota for women’s participation in ex- social life. It has set up offices in all local Violence Against Women ecutive and legislative state bodies; applica- goverment bodies. In general, governments in Central Asia con- tion of gender indicators in the development New legislation concerning women’s hu- demn violence against women and endorse of economic and social programs; and gender man rights has been adopted in Kazakhstan, prevention of such acts. In Kyrgyzstan, for analysis of the existing legislation. including the Law on family and marriage example, prevention of violence against The Government contends that 80 percent (1997); Addendum to the Criminal Code women is one of the main tasks of the Na- of the Plan has been implemented, while ex- (2000), specifically the part concerning rape tional Commission and the Secretariat. In perts from women’s NGOs estimate that no cases (2000); addendum to the Criminal 2003, the Parliament adopted two new laws greater than 25-30 percent of the plan has Code specifically the part on human traf- on gender issues, one of which dealt with so- been executed. Furthermore, they calculate ficking (2003); and the law on reproductive cial and legal protection against violence in that those parts of the plan that have been rights (2004).
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