Philadelphia University Summer 2008 Research Project Notes
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CORE Metadata, citation and similar papers at core.ac.uk Provided by Directory of Open Access Journals Eurasian Journal of Social Sciences, 1(1), 2013, 50-60 EURASIAN JOURNAL OF SOCIAL SCIENCES http://www.econjournals.net REDUCING NON-CONSENSUAL BRIDE KIDNAPPING IN KYRGYZSTAN Russell Kleinbach Corresponding Author: Philadelphia University, USA. Email: [email protected] Gazbubu Babaiarova Kyz Korgon Institute, Kyrgyzstan. Email: [email protected] Abstract Bride kidnapping in Kyrgyzstan is the act of abducting a woman to marry her and includes actions, ranging from consensual eloping to forceful kidnapping and rape. This paper reviews the current context and research on bride kidnapping and describes a program that shows promise in preventing bride kidnapping. This program was tested in two studies, one in small villages (2008-2009), and one in Karakol City (2011-2012). These studies provide evidence that the program can help reduce the rate of bride kidnapping from approximately 1/2 to approximately 1/4 of marriages. Analysis of the practice and the economic, political and cultural changes in Kyrgyzstan in the last century shows how this program can be effective by shifting the focus from law and punishment to a discourse framed by tradition, family, honor and shame, and using the assumption from Gandhi's Satyagraha that truth is force. Keywords: Kyrgyzstan, Bride Kidnapping, Ala Kachuu, Marriage, Satyagraha 1. Background (Historic, Economic and Cultural Context of Bride Kidnapping) “Men make their own history, but they do not make it just as they please; they do not make it under circumstances chosen by themselves, but under circumstances directly encountered, given and transmitted from the past. The tradition of all the dead generations weighs like a nightmare on the brain of the living.” (Marx, 1963, p.15) Bride kidnapping (kyz ala kachuu) in Kyrgyzstan (a former Soviet Republic) is the act of abducting a woman to marry her and includes a variety of actions, ranging from consensual eloping to forceful kidnapping and rape. Previous research has described the practice in general (Amsler and Kleinbach, 1999; Open Society Institute, 2010), measured the frequency (Kleinbach, 2003), identified it as an affirmation of Kyrgyz male ethnic identity (Handrahan, 2004), documented its increase over the last half century (Kleinbach et al. 2005), shown that it was uncommon prior to the Soviet period and thus not an “old tradition” (Kleinbach and Salimjanova, 2007) and discussed it as part of the discourse on gender and social change (Borboieva, 2012). Non-consensual bride kidnapping is popularly accepted as a traditional practice even though it violates the fundamental human rights (UN General Assembly 1948; 1993) of approximately 1/3 of Kyrgyz women (Kleinbach, 2003). It is a violation of Kyrgyz civil law According to Articles 154 and 155 of the Criminal Code of the Kyrgyz Republic, (criminal liability for "kidnapping a woman to marry against her will" in the form of deprivation of liberty is a term of five to seven years. For forcing a girl into marriage who has not attained the age of 17, R. Kleinbach and G. Babayarova / Eurasian Journal of Social Sciences, 1(1), 2013, 50-60 the "groom" could go to prison for a term of 7 to 10 years). It is also a violation of Islamic law and Kyrgyz traditional law of adat (Kleinbach and Salimjanova, 2007). Kidnapping is common and can be deadly. Recently in Karakol City there were at least 4 suicides by girls within weeks/months of being kidnapped (3 in 2010-2012 and 1 in 2006). In two other cases where girls died, one in Balykchy and one in Naryn, the girls (according to their parents) may have been killed and not committed suicide. In 2010, there was a case where a girl was rescued from the kidnapping family only to return and marry the kidnapper after her family was threatened with physical harm. Sometimes the shame/violence is directed inward as the recent case where a young man committed suicide after kidnapping three girls, all of whom refused to stay. Usually it is the girl who dies as in this case: In August 2007 in one of the villages of Bazar-Korgon district of Jalalabat oblast, a 17 year old girl, bride kidnapping victim committed suicide. When she was kidnapped and taken to the boy’s home she got out of the kidnapper’s place saying that she was not a virgin. Afterwards everyone in the village spread the rumors about her not being a virgin. At her home she did not have peace. Her grandmother (her mom had passed away) cursed and yelled at her day and night saying bad things. Her relatives said that she shamed her whole family and now nobody else would marry her and she needed to go back to the kidnapper. After having these hardships and pressure by her own family the kidnapping victim went to the barn of their neighbor and hung herself with the note in her pocket: "tell my dad I am still a virgin; I hope I am leaving for a peaceful place now." Villagers blamed her saying that she was truly not a virgin or psychologically ill, otherwise she wouldn’t commit a suicide. [Account given to one of the authors] International agencies such as Human Rights Watch (2006), the Committee on the Convention on Elimination of all forms of Discrimination against Women (UN General Assembly 1981), and the Organization for Security and Cooperation in Europe (OSCE) have linked non- consensual bride kidnapping with domestic violence and human trafficking, and have urged NGOs and Kyrgyz law enforcement officials to address the problem. "We appreciate cooperation with the Kyrgyz authorities in human trafficking. Kyrgyzstan has joined a number of agreements in this dimension. At the earliest possible time, particular attention is to be paid not only to the supplier- states, but also countries in which slave-trade is widely spread. We are going to fight not only sex enslavement, but also kidnapping of women, as a way of marriage proposal, and child panhandling. We believe it is crucial to develop relationships with the non-profit sector and law enforcement bodies to raise chances for effective outcomes," the OSCE message reads. (Muller, 2007) Lilly Salimjanova, as part of a Forum of Women's NGOs of Kyrgyzstan (2008), using data from the 2008 part of this study, testified in Geneva at the fall, 2008 meeting of the Committee on the Convention on Elimination of all forms of Discrimination against Women. The recommendations of the Committee on the Convention on Elimination of all forms of Discrimination against Women forty-second session (November, 2008) on Kyrgyzstan, included the following: 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. 22. The Committee recommends immediate action by the State party to ensure the 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 51 R. Kleinbach and G. Babayarova / Eurasian Journal of Social Sciences, 1(1), 2013, 50-60 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 must be 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. [Committee on the Elimination of Discrimination against Women, 2008] In 2011 the Kyrgyz ombudsman’s website announced a month-long campaign against kidnapping women to force them into marriage. The campaign, part of a month-long human rights promotion, is timed to end on Human Rights Day, December 10. “Bridal kidnapping is one of the worst violations of human rights, an infringement of a girl’s honour and dignity,” Ombudsman Tursunbek Akun wrote. “(My office’s) purpose is to dispel the myth that bridal kidnapping is a national custom.” Law enforcement agencies, NGOs, the ombudsman’s office and the Education Ministry will co-operate to fight the problem, he said, adding that Kyrgyz men kidnap 15,000 to 16,000 brides yearly. Kidnapping is a crime under Kyrgyz law. [Osmonaliyev, 2011; see also Washington Times, 2011] In January 2013, the president of Kyrgyzstan approved legislation toughening the penalty for bride-kidnapping. Sentences for forcing women into marriage against their will could now range up to 10 years (UN Women, 2013). Prior to the Soviet era, Kyrgyzstan was primarily a nomadic, pastoral economy with a decentralized, patriarchal, patrilocal and patrilineal society with exogamous marriage. By tradition and consistent with Islamic law, marriages were arranged between families for young men and girls (often at a very young age) but with their consent, at least formally. Husbands were usually considerably older than their brides. Dowry and bride-price were exchanged and marriages often involved expensive celebrations and exchange of gifts to extended members of the families. There was little chance for young men and girls to become romantically interested before marriages were arranged because of the youthful age and protective isolation of girls. In this context girls were relatively powerless and bride kidnapping (stealing) was rare and severely punished, i.e., girls were labor/property to be exchanged between parents or men (Kleinbach and Salimjanova, 2007).