COMMITTEE EXAMINES REPORTS OF KYRGYZSTAN ON OPTIONAL PROTOCOLS
TO CONVENTION ON RIGHTS OF CHILD

The Committee on the Rights of the Child today reviewed the initial reports of Kyrgyzstan on how that country is implementing the provisions of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.

In opening remarks to the Committee, Toktokan Borombaeva, Executive Secretary of the National Council on Issues of Women, Family and Gender Development of Kyrgyzstan, said that Article 25 of the Kyrgyz Children's Code prohibited trafficking in children, child prostitution, and child pornography. Article 124 of the Criminal Code addressed trafficking in persons, including the crimes of forced labour, adoption for commercial purposes or using such persons for armed conflicts. In April 2002, a Programme of Action to Combat the Illegal Trade in Persons, 2002-2005, had been elaborated, and a National Council to prevent illegal trafficking in persons had been established. With regard to children in armed conflict, by law, in Kyrgyzstan no one under 18 could participate in military operations. The legal code also criminalized the use of minors as mercenaries. For children traumatized by armed conflicts, the Government had expanded the network of classes to include more than 2,000 children and national legislation was going to be adopted to further include those rights.

In preliminary concluding observations, Committee Expert Yanghee Lee, Rapporteur for the report of Kyrgyzstan on the Optional Protocol on children in armed conflict, said she was left with the impression that much was being done to implement the Optional Protocol in Kyrgyzstan. Among its recommendations, the Committee would request that the New Generation programme receive adequate resources, with a monitoring mechanism, and impact assessment. The Committee would also urge Kyrgyzstan to establish a children's ombudsman. She also hoped that the result of today's dialogue and the Committee's concluding observations would be made available to the public at large in Kyrgyzstan, and to children in particular.

In additional concluding observations, Committee Expert Nevena Vuckovic-Sahovic, Rapporteur for the report of Kyrgyzstan on the Optional Protocol on the sale of children, child prostitution and child pornography, said there had been many improvements in Kyrgyzstan with regard to the Optional Protocol, in particular in the area of training and prevention, as well as in legislation. Among its recommendations, the Committee would single out the need for all the provisions and definitions in the Protocol to be included in domestic legislation. Moreover, a good, independent monitoring system had to be set up, as well as a good system for coordination at the State level.

The Committee will release its formal, written concluding observations and recommendations on the initial reports of Kyrgyzstan to the Optional Protocols towards the end of its three-week session, which will conclude on 2 February.

Also representing the delegation of Kyrgyzstan were Muktar Djumaliev, Permanent Representative of the Kyrgyz Republic to the United Nations Office at Geneva, as well as other members of the Permanent Mission in Geneva, and representatives from the Department of Social and Cultural Development of the Prime Minister, the Ministry of Labour and Social Protection, the Ministry of the Interior, the Ministry of Education, Science and Youth Policy, the Law Centre (a public foundation), and the Centre on Child Protection.

When the Committee next reconvenes in public on Thursday, 1 February, at 3 p.m., it will hold its fourth informal meeting of States parties to discuss various issues related to its methods of work, in particular with regard to the Committee’s experience of working in two chambers.

Reports of Kyrgyzstan

The Kyrgyz Constitution stipulates that male citizens aged 18 at the time of conscription shall perform national service, according to the initial report of Kyrgyzstan on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC/C/OPAC/KGZ/1). Pursuant to the Compulsory Military Service Act, male citizens desiring to pursue their studies at a military academy may be admitted to such an institution at the age of 17 or if they turn 17 in the year they enter the academy. Only Kyrgyz citizens who are 18 years of age at the time of their conscription and are judged fit for military service may perform national service in commands, units and institutions under the jurisdiction of the Kyrgyz Ministry of Defence. First-year cadets are not allowed to take part in military operations. The network of day schools for children traumatized by military conflicts and refugees has been expanded and evening classes have been organized for more than 2,000 children. In many regions of Kyrgyzstan, evening schools have been converted into technical lycées or training centres where students can combine their academic education with apprenticeship in a trade. Eleven evening schools catering to 1,210 children have been inaugurated and are now in operation.

The initial report of Kyrgyzstan on the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (CRC/C/OPAC/KGZ/1) notes that, under the Programme of Measures to Combat Smuggling and Trafficking of Persons in the Kyrgyz Republic, approved on 21 April 2002, activities are carried out to provide information about measures to combat trafficking in persons. The Kyrgyz State Committee on Migration and Employment regularly provides information, counselling and legal assistance to citizens wishing to work abroad and public awareness campaigns are carried out in the media on the proper employment of Kyrgyz citizens abroad and the prevention of trafficking in persons. Officials of the regional branches of the State Committee conduct information campaigns in rural areas, where the population has very little knowledge of legal matters. The State Committee also has a hotline to provide advice and information on questions concerning labour migration. It is well known that victims of trafficking in persons in Kyrgyzstan are not only women and children who were exploited in the sex industry, but also citizens who have been sold in Kazakhstan to work on tobacco plantations. With a view to putting an end to trafficking in persons and solving problems of migrant workers whose rights are violated by their Kazakh employers, on 9 July 2002 the Governments of Kyrgyzstan and Kazakhstan signed the Agreement on Labour Activity and Social Protection of Migrants Employed in Agriculture in Border Areas.

Presentation of Reports

TOKTOKAN BOROMBAEVA, Executive Secretary of the National Council on Issues of Women, Family and Gender Development under the President of the Kyrgyz Republic, introducing the reports of Kyrgyzstan, said that the rights of children were a priority for the Government, as demonstrated by the high-level delegation present today. Despite the crisis situation that had led to a people's revolution and the change of political leadership, Kyrgyzstan had given priority to re-establishing its economy, and as of 2005, the income of the state budget had increased by 10 per cent as compared with the previous year, 43.1 per cent of which went to the social sector. As of 2006, all of primary school pupils received hot meals paid for by State and local budgets. Today, fighting poverty was being tackled through practical measures, and a Poverty Reduction Strategy for 2007-2010 had been finalized.

Today, Ms. Borombaeva noted, the legal basis for child protection in Kyrgyzstan included more than 30 laws and normative regulatory acts. Moreover, the fundamental principles of the Convention had been incorporated in the Constitutional reform of 30 December 2006. As a first step in implementing the provisions of the Convention, the Government established the "New Generation" programme in 2001, which defined concrete measures to be taken until 2010 in the sphere of protecting children's rights and in defining priority areas for actions undertaken in this sphere.

Ms. Borombaeva wished to highlight the role of UNICEF, in particular, which had collaborated with the Government in drafting the Code on Children (2006), which was the basic legislative document regulating issues regarding children in Kyrgyzstan. That Code, she underscored, complied in all facets with the Convention on the Rights of the Child and its priority thrust was to implement the rights enshrined in the Convention. At the same time, in regulatory terms, the Code enshrined the rights and responsibilities of the child, defined the competent State bodies in that area and regulated how they worked together.

Article 25 of the Children's Code prohibited trafficking in children, child prostitution, and child pornography, Ms. Borombaeva said. Article 124 of the Criminal Code addressed trafficking in persons, including the crimes of forced labour, adoption for commercial purposes or using such persons for armed conflicts. In April 2002, a Programme of Action to Combat the Illegal Trade in Persons, 2002-2005, had been elaborated, and a National Council had been established to prevent illegal trafficking in persons. The executive body for that Council was the State Committee on Migration and Protection of the Population, established in 2005. In April 2003 a law was adopted to ratify the UN Convention on Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

In accordance with the military law of 1992, persons could be conscripted in Kyrgyzstan as of 18 years of age. Women between the ages of 18 and 40 could voluntarily participate. However, no one under 18 could participate in military operations, Ms. Bormobaeva underscored. The legal code also criminalized the use of minors as mercenaries. For children traumatized by armed conflicts, the Government had expanded the network of classes to include more than 2,000 children and national legislation was going to be adopted to further include those rights.

Kyrgyzstan had ratified ILO Convention 182 on the worst forms of child labour in 2003, and had ratified and adopted a state programme of action 2007 to eliminate the worst forms of labour in the country, Ms. Borombaeva indicated. In 2004, with UNICEF support, a competition had been organized to develop social projects to prevent social orphans and child labour, in which numerous international organizations had participated and the Government had established a grant fund for their implementation. In that regard, she noted that, in 2000, there had been 10,609 refugees in Kyrgyzstan, of whom 4,971 were children, and in 2006, Kyrgyzstan had some 1,397 refugees, among them 309 children.

Discussion on the Optional Protocol on the Involvement of Children in Armed Conflict

YANGHEE LEE, the Committee Expert serving as Rapporteur for the report of Kyrgyzstan, noted with appreciation the adoption of the Code on Children adopted in 2006, and wished to hear more information about how it complied with the Convention's provisions, as the delegation had asserted.

Ms. Lee asked about the process of preparation of the report, which did not exactly follow the Committee's reporting guidelines. She wished to know who had been involved in its preparation? In particular, she was concerned that no information had been provided regarding measures to ensure the effective implementation and enforcement of the provisions of the Optional Protocol.

While the report indicated that there were no schools under the Ministry of Defence, Ms. Lee said that the Committee had received reports indicating otherwise. More specifically, they had received information that the Lyceum Daniyar Asanov had been moved to the Ministry of Defence.

Regarding the "New Generation" State programme, Ms. Lee was concerned to know what resources had been allocated for its budget, and whether periodic reviews were carried out, and if so whether children and non-governmental organizations had participated in those reviews.

Finally, Ms. Lee wished for some clarification on one of Kyrgyzstan's replies to the Committee's questions, in which they stated that schoolchildren attended classes in military preparation and patriotism as part of their pre-conscription military course. In that connection, she wondered whether pupils were aware of the Optional Protocol and the Convention.

Another Expert was concerned by reports that children entering military schools were subject to bullying, in particular in the form of initiation rights to test their endurance. He asked what mechanisms existed to deal with violence in military schools. An Expert wondered if Kyrgyzstan recognized the principle of extraterritoriality with regard to the provisions of the Optional Protocol on children in armed conflict. He was also concerned to know whether psychological counselling was available for refugee children traumatized by armed conflict.

Response by Delegation

Responding, the delegation said that, with regard to the preparation of the report, the political situation in 2005 and 2006 had been an obstacle to the proper drafting of the report. The report had been drafted by the Government and comments of non-governmental organizations had been taken on board, including comments from civil society gathered at round tables set up to discuss it.

On bullying, the delegation said that when the Government had reformed the law on conscription, it had also looked at the issue of eliminating this phenomenon. Schools had been reorganized so that ninth year students were put in separate buildings from those in their tenth and eleventh years, and a monitoring committee had been set up. Bullying had not been completely eliminated, however, several mechanisms were now in place that could handle complaints regarding bullying, including an ombudsman's office and via non-governmental organization programmes.

Regarding coordination of government agencies on child rights, an interdepartmental commission headed by the Prime Minister was responsible for implementation of the Convention, the delegation said. They realized this was not enough, and were looking into the establishment of a government agency dedicated specifically to children's rights.

With respect to questions about the Daniyar Asanov school, the delegation wished to clarify that there was only one cadet college, or military academy, in Kyrgyzstan – the Lyceum. That was a voluntary educational choice, which the child and his parents could make. Children enrolled in the military academy could change to a non-military course in the third year and go on to higher education.

On refugees, the Government was working on a "social passport", which would list all the members of their families and details that would impact on their status, such as relevant illnesses. Both social and psychological support were provided for refugees, the delegation clarified.

Regarding funding for the New Generation Programme, it had been an unfortunate practice previously to institute programmes without first assuring the funding for them. For that reason, over the past two years, parliamentary hearings had been held to address that issue, the delegation said. It was believed that Kyrgyzstan would provide funding in the future.

In all state schools, from ninth to eleventh grades, a course "Man in Society" taught about various civil issues, including human rights, and informed children about the Convention and its Optional Protocols.

Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

NEVENA VUCKOVIC-SAHOVIC, the Committee Expert serving as Rapporteur for the report of Kyrgyzstan on the Optional Protocol on the sale of children, child prostitution and child pornography, commended Kyrgyzstan for adopting the Children's Code in 2006, the ratification of ILO Convention 182 in 2004, and the ratification of the Convention against Transnational Organized Crime, as well as its protocol on the prevention of trafficking in persons, in 2003. Those were all very relevant for the implementation of the Optional Protocol on the sale of children, child prostitution and child pornography. Further, she welcomed the numerous activities, such as a project that had included training and awareness-raising in the areas covered by the Protocol.

Ms. Vuckovic-Sahovic regretted, however, that the report was simply not comprehensive and dealt more with trafficking than with the issues of child prostitution, child pornography, the sale of children, in particular for the purpose of adoption – which were the essential elements of the Protocol. There was also no information about other forms of exploitation – such as labour exploitation.

Ms. Vuckovic-Sahovic welcomed the information that the protocol took precedence over national legislation, and wondered if it had ever been invoked in the courts.

There was also concern, Ms. Vuckovic-Sahovic said, that the national Criminal Code and the Children's Code did not incorporate all the elements of the Optional Protocol. She wished for further information in that regard.

As criminal liability for legal persons was non-existent in Kyrgyzstan, Ms. Vuckovic-Sahovic was concerned to know if civil or administrative liability was applicable for legal persons with regard to the Protocol?

While it was laudable that Kyrgyzstan had taken preventive measures in this regard, including training and seminars, Ms. Vuckovic-Sahovic asked if the delegation could provide an evaluation of those measures.

Finally, Ms. Vuckovic-Sahovic was concerned that the overall atmosphere surrounding the exploitation of children, in particular sexual exploitation, might subject the victims to further stigmatisation rather than support them. That attitude was totally in contradiction of the spirit of the Convention and the Protocol.

Other Experts raised questions and asked for further information on, among other things, ensuring girls stayed in school; a tradition of kidnapping of girls for forced marriages; multilateral or bilateral prevention arrangements; the lack of a national hotline for complaints involving exploitation; a lack of programmes for rehabilitation of child prostitutes, or for medical services for such children; whether Kyrgyzstan contemplated becoming a party to the Hague Code on Inter-Country Adoption; what was the incidence of child pornography in the country; what measures were being taken to prevent child pornography being disseminated on the Internet; details of rehabilitation programmes for so-called "anti-social" children; the lack of a specific crime of use of children for the sale or trade in their organs; and what was being done to prevent children being taken from children's homes without proper procedures being followed to protect the best interests of the child.

Response by Delegation

Responding to Experts' questions, the delegation said that the Government budget for 2007, which would be voted on in March, included an increase to 52 per cent for the three social Ministries: the Ministry of Health, the Ministry of Education and the Ministry of Labour and Social Protection. For the New Generation programme, the budget was allocated out of the budget for each of the social ministries to go for specific sub-programmes that they were responsible for.

The provisions of the Optional Protocols had been incorporated in domestic law in a number of different ways, the delegation explained. For example, article 157 of the Penal Code provided for responsibility for the involvement of a minor in prostitution, commercial sexual exploitation or for being involved in child pornography and carried a penalty of imprisonment for up to three years. Any use of physical violence or threats in conjunction with those crimes carried an increased sentence of up to 5 years. An amendment to the Criminal Code article 124 dealt with the crime of trafficking, and if such acts were carried out against minors, the penalty was increased to 5 to 15 years imprisonment. Trafficking in organs, or other acts that endangered the health of citizens, carried a term of 15 to 25 years. The Criminal Code also provided for the organization of prostitution rings, which carried a penalty of 2 to 5 years. Article 262 dealt with the production and the dissemination of pornography, with sentences of up to 2 years. Article 123 stipulated that persons abducted against their will could give rise to criminal responsibility and could be punished by a term of imprisonment for up to eight years. The President's Office had created an office for trafficking in persons and a national council to coordinate the activities of the State bodies, including on the production of pornography, and was tasked with creating a database. They had a guide with statistics on the situation of women with regard to trafficking, and hoped to do the same for children in the future so that they could more effectively target traffickers and support the victims of trafficking.

An Expert pointed out that the Optional Protocol on the sale of children had not been comprehensively included in the Kyrgyz Criminal Code, which did not prohibit the possession of child pornography, for example, just its sale or production. Another Expert noted that three cases of trafficking in children had been recorded in Kyrgyzstan for 2003, and then none for 2004 and 2005. She wondered whether that was accurate and what had been done about the three cases and if there had been any arrests. Another Expert wondered if it was a criminal offence to offer to procure a child for adoption.

On adoption, Article 129 of the Family Code defined criteria for children eligible for adoption, and stipulated that it could only be done in the best interests of the child. The guardianship and tutelage body for children without parents was the only body authorized to arrange adoptions, and adoptions had to be by court order. Specialized foreign bodies could be involved in the adoption process if they were legally located in the country, but such adoptions could not be for monetary purposes, and the Kyrgyz courts still had to approve them. The Government monitored such adoptions through the Ministry of Foreign Affairs. The 47 children that had been taken from the children's homes, and which Experts had referred to, had not disappeared, the delegation clarified. Those had all been cases of foreign adoption. The Government had records on all those cases, and followed up on the children's status via foreign consular agencies.

Kyrgyzstan worked with a number of international partners to address the issue of trafficking, including the Organization for Security and Cooperation in Europe, the International Labour Organization and the International Organization for Migration (IOM). Last year the Government had signed an international memorandum with IOM to combat trafficking in persons, including programmes to raise awareness. Now, in two major cities in the south of Kyrgyzstan – Osh and Bishkek – there were two rehabilitation centres for such persons, which focused on providing medical care.

Regarding child labour, children aged 14 and over could work with the approval of their parents. A major State programme had been developed with the participation of all the ministries, trade unions and employers to address the issue of the worst forms of child labour, and it was hoped that programme would receive final approval shortly. A study on the worst forms of child labour would also be completed in September.

On the issue of corporate responsibility, the delegation noted that three "tourist" companies had been closed this year. Legal persons also bore responsibility, through amendments to Kyrgyzstan's administrative code.

There were two juvenile detention centres, one in Bishkek and one in the south of the country, which housed all sorts of different children, including street children or those who had committed offences. In terms of preventive work, those centres had social workers and educational programmes to try and rehabilitate the children. Victims were not seen as criminals in Kyrgyzstan. If the victim were prepared to work with the judicial system as a witness, they were protected, as set out in the revised Criminal Code. Victims received all the assistance they should receive, the delegation stressed. There was a booklet for street children, providing information on to whom they could turn for help and how they could get off the streets.

The delegation agreed that Kyrgyzstan needed to have a specific criminal prohibition for child prostitution.

A painful question was the kidnapping of brides. The delegation wished to underscore that bride-stealing was not a tradition to be honoured, but a crime. It was a method that had been adopted in a number of families where they did not have the money to pay for the wedding. There were 12 crisis centres throughout the country that provided assistance to victims of domestic violence in general, or for such cases. In 2005, there had been 18 cases of forced marriages, all of which had been prosecuted. Forced marriage carried a sentence of two to three years under the Criminal Code.

On extraterritoriality, the Chairman wanted to know what happened if a Kyrgyz child was the victim of a crime outside of Kyrgyzstan. It appeared there was a loophole in the law.

Preliminary Concluding Observations

In preliminary concluding observations, Committee Expert YANGHEE LEE, Rapporteur for the report of Kyrgyzstan on the Optional Protocol on children in armed conflict, thanked the delegation for the constructive dialogue. She was left with the impression that much was being done to implement the Optional Protocol in Kyrgyzstan. The Committee would also issue recommendations on what the State party could do to further that implementation. Among those, the Committee would recommend that the New Generation programme receive adequate resources, with a monitoring mechanism, and impact assessment. It would also urge Kyrgyzstan to establish a children's ombudsman. In conclusion, she hoped that the result of today's dialogue and the concluding observations would be made available to the public at large and to children in particular.

In additional preliminary observations, Committee Expert NEVENA VUCKOVIC-SAHOVIC, Rapporteur for the report of Kyrgyzstan on the Optional Protocol on the sale of children, child prostitution and child pornography, also expressed her gratitude to the extensive replies of the delegation. Kyrgyzstan was doing a lot to implement the Optional Protocol, and there had been many improvements, in particular in the area of training and prevention, as well as in legislation. Among its recommendations, the Committee would single out the need for all the provisions and definitions in the Protocol to be included in domestic legislation. Moreover, a good, independent monitoring system – for example, through an ombudsman, and with the help of non-governmental organizations – had to be set up, as well as a good system for coordination at the State level.


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