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Kazakhstan - Initial reports of States parties [2000] UNCEDAWSPR 22; CEDAW/C/KAZ/1 (12 October 2000)

Committee on the Elimination of

Discrimination against Women

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Initial reports of States parties

Kazakhstan*

Contents

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* The present document is being issued without formal editing.

Preface

The Republic of Kazakhstan ratified the Convention on the Elimination of All Forms of Discrimination against Women on 29 July 1998. Under Directive No. 106-r issued by the Prime Minister on 13 July 1999, a working group was established to draw up this report, headed by the Minister of the Republic of Kazakhstan and the Chairperson of the President’s National Commission on the Family and Women, Ms. A. B. Samakova. The working group included representatives of non-governmental organizations (NGOs), international organizations and high-ranking state officials.

A draft of the report, prepared on the basis of extensive factual and analytical material submitted by ministries, departments, NGOs and international organizations, was made available to the public, whose comments, proposals and wishes were taken into consideration when the report was finalized. To the extent possible, full and exhaustive replies have been given to the questions posed by the Convention on the Elimination of All Forms of Discrimination against Women.

In preparing the report, the working group followed the guidelines concerning the form and content of initial reports submitted in accordance with article 18, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women.

The report presents an analysis of the main standard-setting legislative acts of the Republic of Kazakhstan which relate to women’s interests and rights and to questions covered by the Convention.

General information: the country and its people

1. The Republic of Kazakhstan, with a population estimated on 1 January 1999 at 14,957,800, stretches over an area of 2,724,900 square kilometres. The population density is 5.5 persons per square kilometre, and the capital is Astana. There are 14 regions in the republic, with 159 districts, 84 cities and 241 villages.

Kazakhstan is the ninth largest country in the world, after the Russian Federation, China, the United States of America, Argentina, Brazil, Canada, India and Australia. It has 12,187 kilometres of borders, which it shares with China, Kyrgyzstan, Uzbekistan, Turkmenistan and the Russian Federation. The country stretches some 3,000 kilometres from west to east and 1,600 kilometres from north to south. It includes forest-steppe, semi-desert and desert temperate regions. In January, average temperatures rise from -18˚ C in the north and east to -3˚ C in the southern most regions. In July, average temperatures range from 19˚ C in the north to 28˚ C in the south. There are four climatic zones in the country — forest-steppe, steppe, semi-desert and desert. The highest point in Kazakhstan is Mount Khan-Tengri (7,010 metres), and the lowest is the Karagiye Depression (132 metres below sea level). The present-day fauna includes 172 species of mammals, 490 species of birds, 51 species of reptiles, 12 amphibious species and over 100 species of fish. Kazakhstan is bordered on the south-west by the Caspian and Aral inland seas. It is the largest landlocked country in the world.

Natural resource potential

2. Kazakhstan has a wise variety of minerals, with deposits of 99 of the 105 elements in Mendeleyev’s periodic table. It has the largest known reserves of zinc, tungsten and barium sulphate, the second largest known reserves of silver, lead and chromite, the third largest known reserves of copper and fluorite, the fourth largest known reserves of molybdenum and the sixth largest known gold deposits.

Among the countries of the Commonwealth of Independent States (CIS), Kazakhstan’s ranking for mineral deposits is as follows: first place for chromite ores and lead, second for petroleum, silver, copper, manganese, zinc, nickel and phosphorus, and third for gas, coal, gold and tin.

Among the CIS countries, Kazakhstan ranks first in silver, chromite, lead and zinc production, second for petroleum, coal, copper, nickel and phosphate production, and third for gold extraction.

According to surveys of the country’s mineral wealth, the resources with the greatest economic importance are coal, petroleum, copper, iron, lead, zinc, chromite, gold and manganese.

History

3. Ancient manuscripts first mentioned a union of tribes, the largest of which was called the Saki, living in Kazakhstan in the middle of the first millennium BC. In the early medieval period, in the sixth and seventh centuries AD, the Turkic Kaganate played a significant role in the formation of an ethnic identity. In the third and fourth centuries AD, the formation of a Turkic ethnic group had taken place in eastern Turkistan and the Altai region. The Turkic peoples were the sole masters of the silk road leading to the Mediterranean countries. Islam spread extensively in the tenth to twelfth centuries. Turkic writing developed, based on the Arabic alphabet. The period from the thirteenth to fifteenth century is linked with the history of Genghis Khan’s Golden Horde. In the fourteenth and fifteenth centuries, the Kazakh language developed out of the Kypchak group of Turkic languages.

The break-up of the Golden Horde led to the formation of a large number of States. In Kazakhstan, three practically independent Khanates known as the Elder, Middle and Younger Zhuzes emerged. The strengthening of the Kazakh Khanate ran contrary to the interest of a number of neighbouring States, and a struggle for national independence soon ensued.

The complexity of the external political situation prompted the Kazakhs to seek solutions, one of which was the joining of the Younger Zhuz to Russia in 1731. Kazakhstan was fully integrated into Russia in the 1860s. From October 1917 to March 1918, the Soviets consolidated their power in the country.

Between 1921 and 1940, Kazakhstan was transformed from an agrarian to an industrial-agricultural society. In the post-war period, the country became the site of nuclear weapons testing, which was halted only after 40 years. In general terms, the Soviet era transformed Kazakhstan into an agro-industrial country with a highly educated intelligentsia. Kazakhstan obtained independence in 1991, and on 1 December 1991 its first President, N. A. Nazarbaev, was elected.

Population

4. According to the Statistics Agency of the Republic of Kazakhstan, at the beginning of 1999 the population¹ was 14,957,800, including 7,752,300 women (51.8 per cent). The population had declined since 1995 by 718,000 (or 4.6 per cent).

5. Kazakhstan ranks 93rd among 175 countries in the Human Development Index (it had ranked 61st in 1991).

Population by age and gender

6. At the beginning of 1998, population in the main age groups was: 0 to 15 years — 4,737,400 (31.2 per cent); of working age — 8,656,300 (57.0 per cent); over working age — 1,794,500 (11.8 per cent). In 1997, more boys were born than girls, and there were more boys than girls under 17 years of age, while among persons over 17, women outnumbered men, owing in part to differences between the male and female mortality rates. In 1997, among persons from 0 to 16 years of age, males outnumbered females by 55,300 (i.e., there were 1,022 males for 1,000 females), and among persons over 17, women outnumbered men by 602,100 (or 888 men per 1,000 women).

Life expectancy

7. The average life expectancy is falling. From 1990 to 1997 it decreased by 4.1 years, to 64. It is 58.5 for men and 69.9 for women.

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¹ Populations for the entire period between censuses, as adjusted according to preliminary results.

Table 1

Population breakdown by gender and age

(Beginning of year, in thousands)

Birth rate and mortality

8.

Table 2

Births and deaths by gender

General birth and mortality rates

In 1998 the birth rate was 14.8 and the mortality rate 10.2.

Infant mortality

9. Overall infant mortality, like infant mortality in towns and rural areas, is decreasing. In 1997, it stood at 24.9 per mille, and in four years it had dropped by 20 per cent. In 1998, 4,843 children under one year of age died, including 2,019 girls and 2,824 boys.

Table 3

Infant mortality, by gender

Per 1,000 live births

Infant mortality rate

(Per 1,000 live births)²

The infant mortality rate was 21.6 per thousand births. In urban areas it was 24.1, and in rural areas, 19.0. The largest groups of fatalities resulted from conditions arising in the perinatal period (33.8 per cent) ad pulmonary diseases (28.2 per cent).

Mortality

10. The number of deaths was 7.6 per mille in 1987, 10.4 in 1997 and 10.2 in 1998.

Main causes of mortality

11. Among persons of working age, mortality continues to increase more quickly among men than women. The breakdown of mortality by causes remained essentially unchanged in 1998. Among all deaths, 48.7 per cent were attributable to circulatory diseases, 13.5 per cent to accidents, poisoning and trauma, 13.1 per cent to oncological disorders, 7.3 per cent to pulmonary diseases and 4.8 per cent to infectious and parasitic diseases.

Table 4

Causes of death, 1998

independently taking at least one breath. Live births also include foetuses born before the twenty-eighth week of pregnancy (i.e., under 35 centimetres and 1,000 grams) which live for more than seven days (or beyond the end of the perinatal period).

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² A live birth is defined as the full separation or removal of the foetus from the mother after a period of 28 weeks or more of pregnancy (i.e., a foetus of 35 centimetres or more, weighing at least 1,000 grams), capable after separation from the mother of

Table 5

Suicides, by gender and age

Table 6

Maternal mortality, by region

Maternal mortality

12. In absolute terms, maternal mortality is constantly falling, along with the birth rate. The number of women who died from complications related to pregnancy, labour and the post-natal period was 199 in 1990 and 122 in 1998.

Maternal mortality rate

The maternal mortality rates per 100,000 births were 55 in 1990, 57.6 in 1995, 52.9 in 1996, 59 in 1997, and 54.9 in 1998.

Natural population growth

13. The natural population growth decreased 4.3-fold in the 12 years from 1987 to 1998, owing to a decline in the birth rate and an increase in mortality. The natural population growth was 68,066 in 1998, or 4.6 per thousand. The natural population movement exhibits a tendency towards a decline in the population of the northern and eastern regions.

Table 7

Births, deaths and natural population increase

Fertility

14. There has been a substantial decrease in fertility among both Russian and Kazakh women. According to data from 1987, fertility among Kazakh women essentially ends at the age of 35; 90.9 per cent of births take place when the mother is under 35. Among Russian women, fertility ends by the age of 30 (mothers under 30 account for 84.1 per cent of all births). The overall nationwide birth rate (i.e., the average number of children born during a woman’s life) in 1997 was 1.86. The rate was 1.49 in urban areas and 2.5 in rural areas.

Family structure

Information on families is generally taken from census data. The next-to-last census was taken in 1989, and data from the most recent census, in March 1999, have not yet been finalized.

According to the 1989 census, there were 3,824,595 families, or 530,717 more than the estimated number in 1997. Average family size is 4 persons, or 3.6 in urban areas and 4.5 in rural ones. Over 90 per cent of the population lives in families. The number of families with more than one child is falling. Generally, Russian women in urban areas have just two children and those in the countryside have three. Kazakh women in urban areas unusual (90 per cent) have three children and those in rural areas (91.4 per cent) have four.

Marriage and divorce

16. Out of the total of 101,874 men who married in 1997, 86,351 had not been married before, 2,476 were widowed and 13,020 were divorced. Out of the total of 101,874 women who married, 88,466 had not been married before, 2,499 were widowed and 10,861 were divorced. The age at which men and women married was usually between 20 and 24 years. In 1998, there were 96,048 marriages and 35,460 divorces.

The decline in the number of marriages taking place is evident. In 1998 the number of marriages was 6.4 per thousand inhabitants, as against 9.8 in 1990, which means that it declined by 1.7 times over the period in question.

17. Although the number of marriages declined, the number of divorces barely changed. The divorce rate in Kazakhstan remains high. From one divorce per 3.76 marriages in 1990 the rate climbed to one divorce per 2.4 marriages in 1998. The number of marriages per one thousand inhabitants was 6.6 in 1997 and 6.4 in 1998, reflecting an almost constant decline.

Table 8

Marriages and divorces; marriage and divorce rates

Table 9

Live children born in 1997 to women not registered as married

Education

18.

Table 10

Pre-school establishments

Table 11

State schools providing a general education

Table 12

Urban and rural population

Urban and rural population

19. The urban share of the population in 1999 was 55.9 per cent (8.4 million inhabitants) and the rural share 44.1 per cent (6.6 million inhabitants). Compared with the previous year, the urban population declined by 1.5 per cent and the rural population by 1.4 per cent.

As compared with men, women in Kazakhstan are more likely to migrate between regions and between town and village, abandoning regions becoming ecologically degraded, particularly in rural areas. As at 1 January 1998, the number of women per thousand men was as follows: in Qyzylorda region (ecological disaster zone — 1,045 (town) and 947 (village); in Atyrau region — 1,084 (town) and 987 (village). In the more highly developed regions the proportions were different: in Qostanay region — 1,147 (town) and 1,023 (village); in North Kazakhstan — 1,153 (town) and 1,015 (village). The largest number of women per thousand men was to be found in Almaty: 1,197.

Table 13

Number of urban and rural inhabitants by gender (at the beginning of each year)

Migration and refugees

20. The Republic of Kazakhstan has a migration deficit. In 1998, 472,000 people departed from the Republic and 269,000 arrived; the migration deficit was minus 203,000. More women than men participated in migratory movements. As regards international migration, more women than men departed, and more women than men arrived. The total number of refugees in 1998 was 758: 453 men and 305 women.

Table 14

International migration of the population

Table 15

Migration of the population by nationality/ethnic group in 1998

Current situation as regards the reception and settlement of returnees (Oralmans)

21. Many of the immigrants are Oralmans, i.e., Kazakhs who have returned from other States. During the period 1991-1998, 41,000 families returned to Kazakhstan, or more than 176,000 people, of whom 63,500 arrived from Mongolia, 4,800 from Iran, 2,400 from Turkey and 103,000 (58.5 per cent) from CIS countries.

Basic repatriation problems

(a) Citizenship. Only a little over 2,000 of the 63,500 returnees from Mongolia were naturalized in Kazakhstan; the low figure is due to the complicated formalities for relinquishing Mongolian citizenship.

(b) Housing. Currently, 6,298 (15 per cent) of returnee families are without housing, the principal reason being that repatriation measures are systematically underfinanced.

(c) Job placement. Only 46 per cent of the returnees have been placed in jobs, including 37 per cent of the women.

(d) Loans. Only 107 returnees have been able to obtain small loans of US$ 400 from the more than 16,000 granted under the programme to provide small loans to citizens with the lowest income. This is principally due to a lack of collateral.

The legal status of the returnees (Oralmans) and refugees is regulated by the Migration of the Population Act and other enforceable enactments of the Republic. In December 1998, Kazakhstan acceded to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto. Returnees and migrants are afforded training and social welfare, including protection of their rights under international instruments.

Political and legal systems

Constitution

22. The current Constitution is the second one in the eight years of Kazakhstan’s independence. The previous Constitution had been in force from 28 January 1993 to 30 August 1995. The Soviet Constitution of the Kazakh SSR was in force in Kazakhstan up to 1993.

The current Constitution was adopted by a referendum on 30 August 1995, following nation-wide discussion. On 7 October 1998 amendments were introduced, inter alia extending the terms of office of members of Parliament and the President.

The Constitution guarantees fundamental human rights and freedoms.

The Constitution may be changed and amended by Parliament on the proposal of the President or by a national referendum.

President

23. Kazakhstan maintains a presidential form of government.

The President decides on the basic directions of the domestic and foreign policy of the State, determines when elections to Parliament and referendums are to be held and signs laws, international treaties and instruments of ratification.

The President, with the consent of Parliament, appoints and dismisses the Prime Minister, members of the Government and the Chairman of the National Bank and, with the consent of the Senate, the Procurator-General, the President of the National Security Committee, all judges (with the exception of judges of the Supreme Court), the Chairman and members of the Supreme Court Council and the akims (governors) of regions and of major cities, including the capital. The akims of other administrative-territorial units are appointed or elected to their posts in the manner determined by the President. The President has the right, at his own discretion, to dismiss any of the akims from their posts.

The President is the Supreme Commander-in-Chief of the Armed Forces of the Republic and presides over meetings of the Government on matters of special importance.

The President takes decisions relating to citizenship of the Republic and the granting of political asylum, grants pardon to citizens, presents State awards, confers honorary, higher military and other titles, civil and diplomatic ranks and professional titles, and exercises any other powers determined by the Constitution of the Republic of Kazakhstan.

The President has the right to veto laws adopted by Parliament and to repeal or suspend all normative acts of the Government and organs of executive authority. He may issue Orders and regulations which are binding in the territory of Kazakhstan and, in cases provided for in the Constitution of 30 August 1995, he may issue laws and orders having the force of law.

Other powers of the President are determined by the Constitutional Act of the Republic of Kazakhstan on the President of the Republic of Kazakhstan of 26 December 1995.

The President is elected on the basis of universal, equal and direct suffrage for a seven-year term, but for not more than two successive terms. The President may be relieved of his post by the Parliament only if he is found guilty of high treason. A final decision on the question is taken by a majority of not less than three quarters of the total number of votes of the deputies to each chamber, provided that the Supreme Court finds the accusation justified and the Constitutional Council finds that the established constitutional procedures have been observed.

The President may be relieved of his office before the end of his term if he is unable to carry out his duties owing to illness.

Parliament

24. The Parliament consists of two chambers: the Senate and the Majilis.

The Senate is composed of deputies, two being elected from each region and major city, including the capital, at a joint session of the deputies of all representative bodies of the respective region and major city, including the capital. Seven deputies to the Senate are appointed by the President.

The Majilis consists of 77 deputies; 67 are elected from the territorial electoral districts and 10 are elected on the basis of party lists for a single national electoral district. Those political parties which receive not less than 7 per cent of the votes of those taking part in the election have access to the distribution of the deputies’ mandates on the basis of the party lists. The term of office of deputies to the Senate is six years and the term of office of deputies to the Majilis is five years.

Parliament adopts and amends laws and ratifies and denounces international treaties of the Republic.

The deputies to Parliament and the Government have the right of legislative initiative, which is exercised exclusively in the Majilis.

The Senate elects and dismisses (on the proposal of the President) the President of the Supreme Court, the chairmen of the panels of judges and the judges of the Supreme Court of the Republic, and gives its consent to the appointment by the President of the Procurator-General and the Chairman of the National Security Committee.

Parliament has the right to delegate legislative powers to the President, at his request, for a period of no more than one year.

The President may dissolve Parliament in the event of a vote of no confidence in the Government, repeated refusal by Parliament to give its consent to the appointment of a Prime Minister, or a political crisis resulting from insuperable disagreements between the chambers of Parliament or between Parliament and the other branches of Government.

The organization and activities of Parliament and the legal status of the deputies are determined by the Constitutional Act on the Parliament of the Republic of Kazakhstan and the status of its deputies of 16 October 1995.

Government

25. The Government is formed by the President of the Republic of Kazakhstan and is responsible to the President and accountable to Parliament.

The Prime Minister is appointed by the President, with the consent of Parliament.

Parliament hears the Government’s programme and approves or rejects it.

Parliament has the right, on the initiative of not less than one third of the total number of the deputies, to hear the reports of members of the Government.

On the initiative of not less than one fifth of the deputies, Parliament may express a vote of no confidence in the Government by a majority of two thirds of the votes. In that case, the Government must resign. If the President does not accept the resignation of the Government, he has the right to dissolve Parliament.

The Parliament has the right to take a decision on his own initiative to terminate the powers of the Government and to remove any of its members from their posts. Removal of the Prime Minister from his post means the termination of the powers of the entire Government.

The terms of reference, organization and activities of the Government are determined by the Constitutional Act on the Government of the Republic of Kazakhstan of 18 December 1995.

Constitutional Council

26. The Constitutional Council was created by the 1995 Constitution. It reviews the laws adopted by Parliament before the President signs them to ensure that they are in conformity with the Constitution of the Republic; reviews the international treaties of the Republic before their ratification to ensure that they are in conformity with the Constitution; in the event of a dispute, resolves issues relating to the validity of the election of the President of the Republic and of deputies to the Parliament and the validity of a national referendum; and carries out other functions determined by the Constitution.

The Constitutional Council considers these issues only at the request of the President, the Prime Minister, the President of the Senate, the President of the Majilis, or not less than one fifth of the total number of deputies to the Parliament.

Laws or other enforceable enactments that are found to encroach on the human and citizens’ rights guaranteed by the Constitution are declared null and void by the Constitutional Council and are not enforced.

The Constitutional Council consists of seven members with a term of office of six years. The President of the Senate and the President of the Majilis appoint two members each and the President of the Republic appoints two members and the President of the Constitutional Council.

Courts and justice

27. There are no jury courts in Kazakhstan. The courts consist of judges, whose independence is protected by the Constitution and by law.

The courts of the Republic of Kazakhstan are the Supreme Court and the local courts.

All judges are appointed by the President, with the exception of the members of the Supreme Court. The Supreme Court is the highest judicial organ of the Republic of Kazakhstan.

The courts are not entitled to apply laws and other enforceable enactments that encroach on the human and citizens’ rights and freedoms guaranteed by the Constitution. If a court sees that an applicable law or other enforceable enactment encroaches on the human and citizens’ rights and freedoms guaranteed by the Constitution, it is obliged to suspend it and refer it to the Constitutional Council with a request that the law or enactment should be declared unconstitutional.

The President of the Supreme Court, the chairmen of the panels of judges and the judges of the Supreme Court of the Republic of Kazakhstan are elected by the Senate upon nomination by the President of the Republic.

The status, procedure for the formation, and organization of the work of the courts and of the Supreme Court Council are determined by the Order of the President on the courts and status of judges in the Republic of Kazakhstan of 20 December 1995, which has the force of constitutional law.

28. The Office of the Procurator exercises overall supervision to ensure the exact and uniform application of laws, Presidential orders and other enforceable enactments, represents the interests of the State in the courts and, within the limits established by the law, conducts criminal prosecutions.

The Office of the Procurator of the Republic is a uniform centralized system in which procurators of lower ranks are subordinate to procurators of higher ranks and to the Procurator-General, who is appointed by the President for a five-year term. The Office of the Procurator is accountable only to the President.

The terms of reference, organization and operational procedures of the Office of the Procurator of the Republic are determined by the Order of the President on the Office of the Procurator of the Republic of Kazakhstan of 21 December 1995, which has the force of law.

Local authorities

29. Local State management is exercised by local representative and executive organs, which are responsible for the state of affairs in their respective territories.

The local representative organs (maslikhats) are elected by the population on the basis of universal, equal and direct suffrage for a four-year term.

The terms of reference of the maslikhats include: the approval of plans, economic and social programmes for the development of the territory, local budgets and budget performance reports; decisions on matters relating to the local administrative-territorial structure; consideration of reports of the heads of local executive organs on matters within the competence of the maslikhat; and the exercise of any other powers to guarantee the rights and lawful interests of citizens.

The local executive organs form part of a uniform system of executive organs of the Republic of Kazakhstan, and ensure the carrying out of the general State policy of the executive in their respective areas.

The terms of reference of the local executive organs include: the drawing up of economic and social development programmes and the local budget; the management of communal property; and the exercise of other powers as determined by the Constitution and the legislation of the Republic of Kazakhstan.

The local executive organ is headed by an akim, who is appointed directly by the President or appointed or elected as determined by the President.

The authority of the akims of regions and major cities, including the capital, are terminated with the inauguration of a newly elected President.

Police. Service for the prevention of violence against women

30. The Republic of Kazakhstan, as a State party to the Convention on the Elimination of All Forms of Discrimination against Women, has taken measures to implement and ensure the effectiveness of legislation to eradicate violence against women, paying special attention to the prevention of violence and the prosecution of those guilty of committing it.

With a view to adopting effective measures for the prevention and suppression of all forms of violence against women, on 19 February 1999 subdivisions to combat violence against women were established within the system of internal affairs organs, as part of the administrative police.

Their activities are directed mainly towards protecting the constitutional rights and freedoms and the legal interests of women from unlawful encroachments, providing legal support to the population on questions relating to the prevention and suppression of acts of violence, and analysis and correlation of the data on violence against women.

An analysis of crimes against women involving violence shows that, during six months of 1999, 8,475 crimes were committed against women. These included 267 homicides, 24 cases of driving women to suicide, 153 cases of deliberate serious bodily harm, 2,923 cases of deliberate moderate to slight bodily harm, 1,020 cases of beating and torture, 98 threats, 913 rapes, 45 cases of women being kidnapped and lured into sexual or other forms of exploitation, 1,582 cases of women victims of robbery and 284 cases of women victims of armed robbery.

Ten women were victims of drug- and vice-related crimes. Seven people were brought to justice for inducing women to use narcotic and psychotropic substances and three for using violence to force women into prostitution.

162 people were brought to justice for persistent non-payment of a court-ordered subsistence allowance to a disabled mother, and 19 for non-payment of maintenance to a disabled wife.

The clearest manifestations of violence against women take such forms as homicide caused by alcoholism and drug abuse, rape, systematic beating, torture, forced cohabitation and prostitution.

The most widespread forms of violence against women are domestic violence, which causes physical, psychological, economic and moral harm and suffering to women, and the threat of such treatment.

During the first six months of the current year alone, 2,797 crimes involving violence were committed in family and domestic situations; that accounted for more than 33 per cent of the total number of crimes committed against women. Those crimes of domestic violence included 81 homicides, or 30 per cent of the total number of homicides, 67 per cent of the cases of women being driven to suicide, 44 per cent of the cases of deliberate harm to women, 29 per cent of the cases of deliberately causing moderate or slight bodily harm, 60 per cent of the cases of beating and torture, and 21 per cent of the cases of threats.

Further study of the problem of violence against women, the development of proposals to amend and add to the legislation in force and the improvement of types and methods of work with the victims of violence and those who perpetrate it will make it possible to achieve the goals that have been set.

National Commission for Women and the Family attached to the Office of the President of the Republic of Kazakhstan

31. By an Order of the President of the Republic of Kazakhstan, N. A. Nazarbaev, of 22 December 1998, the National Commission for Women and the Family — an advisory consultative body attached to the Office of the President of the Republic of Kazakhstan (hereinafter referred to as the Commission) — was established to protect the interests of the family and ensure the necessary conditions for the participation of women in the political, social, economic and cultural life of the country. It is composed of 28 members representing scientific and cultural circles, industrial enterprises, small- and medium-sized businesses and office employees. The Commission is headed by A. B. Samakova, a Minister of the Republic of Kazakhstan and a member of the Government.

Similar commissions have been established under the akims of the regions and the towns of Astana and Almaty. They are headed by deputy akims. This system makes it possible for active work to be done in resolving problems relating to the family and women throughout the country.

The main objectives of the Commission are:

– To formulate priorities and introduce proposals on problems relating to the family, women and children in State programmes developed on the basis of the Strategy “Kazakhstan — 2030”;

– To develop a system of complex measures on economic, social, psychological and legal support for families, women and children and assist in their implementation;

– To analyse the situation with regard to maternal and child welfare, the economic and social conditions of the family and the health of the people;

– To create an information base on the status of women in society and on their political, social, economic and cultural level;

– To expand the representation of women in the organs of State government;

– To cooperate with international organizations and participate in conferences, meetings and seminars on questions relating to the situation of the family, women and children held at the international level, and so on.

The Commission has been given wide power and has the right to hear at its meetings the leaders of State organs directly subordinate and accountable to the Head of State and the leaders of central and local executive organs on questions relating to the protection of the rights of the family, women and children.

During the short period since it was established, the Commission has done the following work to improve the status of the family and women:

– It developed a national plan of action for the improvement of the status of women in the Republic of Kazakhstan; after being approved by the Government, the plan of action was submitted to the United Nations as an official document;

– It prepared materials for the ratification of the Convention on the Nationality of a Married Woman, the Convention on the Political Rights of Women and the Protocol on the establishment of a group for cooperation between women of the Eurasian countries;

– Jointly with the Office for Demographic Institutions and Human Rights (ODIHR), the Organization for Security and Cooperation in Europe (OSCE) and other international organizations, a seminar was held in Almaty to prepare women for the legislative elections. Similar seminars were held in various regions of the country;

– A meeting took place between leaders of the Commission and leaders of the political parties and movements, at which agreement was reached on cooperation to support the participation of women in the political life of the country, as well as to move women into leadership roles and to encourage them to participate in elections;

– Draft legislation is being prepared on equal rights and opportunities and on domestic violence;

– A women’s illustrated magazine is published entitled Woman: East — West;

– A working group established by order of the Prime Minister of Kazakhstan and headed by the Chairman of the Commission prepared this report.

The Commission reports regularly to the Head of State on the results of its work.

Commission on Human Rights attached to the Office of the President of the Republic of Kazakhstan

32. The President of the Republic of Kazakhstan, by an Order dated 12 February 1994, established the Commission on Human Rights as a consultative advisory body attached to the Office of the Head of State. At present it consists of 17 members representative of various social and economic strata and the national, political, professional and departmental characteristics of our society.

Today Kazakhstan is in the course of undertaking new democratic reforms. The principle of the creation of a humane democratic State, proclaimed in October 1990 in the Declaration on State Sovereignty, requires the reorganization of the economic, political, social and spiritual life of society and the formation of an appropriate legal base.

One of the activities in the field of human rights is the adoption of enforceable enactments aimed at the introduction into the legal system of international standards and principles for the observance of human rights.

The legislation already adopted, including the laws on freedom of religion and religious associations (1993), on the rehabilitation of the victims of political repression, on psychiatric care and guarantees of the rights of citizens under such care (1992) and on population migration (1997), has to a large extent incorporated international human rights standards, and this has marked an important stage in the establishment of a national system for the defence of human rights.

However, the part of the Constitution of the Republic of Kazakhstan relating to human rights and freedoms is still not fully enforced and implemented. Strong and effective measures are required to bring national legislation into line with the international conventions and other legal acts adopted by Kazakhstan.

Owing to the difficulties of economic reform, the standard of living of the population and, consequently, the real level of observance of social and economic rights, is not rising.

The social and political stability achieved during the years of the Republic of Kazakhstan’s independence has created conditions for the comprehensive establishment of human rights and freedoms in society and for their observance and implementation.

Economy

Gross domestic product

33. Gross domestic product (GDP) for 1990-1999:

1990 — 47,870.5 million roubles;

1991 — 85,863.1 million roubles;

1992 — 1,217,689.2 million roubles;

1993 — 29,423.1 million roubles;

1994 — 423,468.8 million tenge;

1995 — 1,014,190.0 million tenge;

1996 — 1,415,749.7 million tenge;

1997 — 1,672,142.5 million tenge;

1998 — 1,747.7 billion tenge;

1999 (estimate) — 1,824.1 billion tenge.

Labour resources

36. Before the independence of Kazakhstan, more women than men were gainfully employed. According to the National Statistical Agency, in 1991 the employment rate (total number gainfully employed as a percentage of population of working age) was 84.4 per cent for men and 85.8 per cent for women. After 1991, the number of working women began to decrease and the gap is constantly widening. In 1993: men — 78.4 per cent, women — 74.3 per cent. In 1995: men — 84.2 per cent, women — 80.5 per cent. In 1997: men — 87.3 per cent, women — 78.2 per cent.

It should be noted that official data do not reflect the real employment picture. The number of women involved in the informal sector (street trading, shuttle trade, catering, etc.) is considerably higher than that of men.

Table 16

Per capita GDP in tenge, at constant prices (1993 = 100 per cent)

Inflation

34. Inflation over the last five years (at the end of the period, as a per cent of December of the previous year): 1994 — 1,258.3 per cent; 1995 — 160.3 per cent; 1996 — 128.7 per cent; 1997 — 111.2 per cent; 1998 — 101.9 per cent.

External debt

35. As at 1 January 1999, the gross external debt of the Republic was US$ 7,542.9 million, of which direct State debt constituted US$ 3,960.6 million, external debt not guaranteed by the Republic of Kazakhstan US$ 2,308.9 million and indebtedness under direct contracts US$ 1,273.4 million.

Table 17

Labour resources (annual average)

thousands of people

Table 18

Number of men and women working in various branches of the economy

thousands of people

Number of men and women employed in the various branches of the economy, for 1998³

(average for the year)

________________

³ Since 1998, the International Standard Industrial Classification of All Types of Economic Activities has been used for the statistics; prior to 1998, the Classification of Branches of the National Economy (CBNE) was used.

37. In 1997, a new budgetary classification of income and expenditure was approved for the Republic’s budget. Table 19 shows State budget expenditure according to this classification.

Table 19

State budget expenditure on education, healthcare and social security, as per cent of total expenditure

Information on the implementation of the provisions of the Convention

Part I

Article 1

For the purposes of the present Convention, the term “discrimination against women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

38. The term “discrimination against women” is not actually defined in the legislation of the Republic of Kazakhstan. However, this term is widely used in juridical practice and is found in the Constitution and other normative acts.

Article 14 of the Constitution of 30 August 1995 states:

1. All persons are equal before the law and the courts.

2. No one may be subjected to discrimination of any form on grounds of origin, social, official and property status, sex, race, nationality, language, attitude to religion, belief, place of residence or any other circumstance.

Article 2

State Parties condemn discrimination against women in all its forms, agree to pursue, by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

(a) To embody the principle of equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

(g) To repeal all national penal provisions which constitute discrimination against women.

(a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

39. As pointed out in the explanations on article 1, the principle of equal rights is included in the Constitution of the Republic of Kazakhstan adopted on 30 August 1995.

In the Criminal Code in force prior to 1 January 1998, article 120 stated that preventing women from participating in State, public and cultural activity, or other actions violating the equal rights of women, involving the use of force, threats, economic or other dependence, were punishable by a term of imprisonment of up to three years.

The new Criminal Code, which came into force on 1 January 1998, does not give separate consideration to the violation of women’s equal rights. However, a similar crime — violation of the equal rights of citizens (article 141) — encompasses direct or indirect limitations of human rights and freedoms, including on grounds of gender, for which the penalty is detention for up to three months, or imprisonment for one year, or a fine of up to one thousand average monthly indices. The same crime, committed by a person using official status, is punishable by detention for up to six months, or imprisonment for a term up to two years, or a fine of two thousand times the average monthly wage indexes.

40. There is no special legislative act embodying the principle of the equal rights of men and women in the legislation of Kazakhstan.

The National Plan of Action to improve the status of women in the Republic of Kazakhstan, approved by the Government on 19 July 1999, envisages for 2000 the formulation of a draft law “On equal rights and opportunities”.

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

41. Gender-based legislative discrimination is contrary to the Constitution of the Republic of Kazakhstan; accordingly, normative acts containing discriminatory provisions are considered illegal and the organs of the Procurator’s Office transmits complaints to the State organ or official that issued them.

For example, in September 1996, the Procurator-General’s Office transmitted a complaint to Parliament aimed at the repeal of paragraph 4 of article 17 of the Law “On labour protection” as being contrary to the Constitution of the Republic of Kazakhstan. This article stated that all women starting work who are under 45 years of age are obliged to have an annual medical examination.

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

42. Under Kazakh legislation, juridical protection is provided on an equal footing regardless of sex.

Article 13 of the Constitution of 30 August 1995 recognizes every person’s right to legal personality, to judicial defence of his or her rights and freedoms and to qualified legal assistance. In the cases envisaged by law, legal assistance is provided without charge.

Article 14 of the Constitution states:

“All persons are equal before the law and the courts”.

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

43. On 29 June 1998, Kazakhstan became a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and, having assumed the obligation to observe the norms of this Convention, has confirmed its adherence to human rights protection.

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

44. The Law on the special State social security in the Republic of Kazakhstan of 5 April 1999 abolished the social security levy of 1.5 per cent of the payroll, which was formerly part of the State budget. This 1.5 per cent now remains with the tax payers and is included in taxable income. When social security benefits are paid, the amount paid is deducted from taxable income, in the amount of not more than 1.5 per cent of the payroll.

Research conducted by a non-governmental organization, the “Women’s League” has shown that, following adoption of the new law, a considerable number of enterprises found it unprofitable to employ women of child-bearing age.

These enterprises include the following:

Enterprises with a small number of employees are quite unable to pay maternity and child benefits (see commentary on the article 11 (e)), especially as the enterprise is forced to pay a large amount of tax from this sum.

Enterprises with a large number of women employees.

The highest proportion of women employees is found in health care, physical education and social security — 82.2 per cent of the total number of employed. And it is precisely in these branches of the economy that wages are lowest. The average monthly wage is 5,824 tenge (here and later in the text 1997 figures are used).

Next come: education —76.6 per cent (6,320 tenge), public catering — 76.4 per cent (6,237 tenge), information and computer technology — 75.7 per cent (11,237 tenge), finance, credit, insurance — 66.1 per cent (17,004 tenge), culture — 69.6 per cent (5,571 tenge), communications — 60.7 per cent per cent (10,209 tenge), trade — 62.8 per cent (6,223 tenge), personal consumer services — 56.5 per cent (4,711 tenge).

In some industries where women form an absolute majority of the staff employed, wages are even lower (1997 figures): light industry — 5,405 tenge, clothing industry — 4,232 tenge, tanning, fur and footwear industry — 4,671 tenge, medical industry — 2,867 tenge.

The number of women (out of the total number of employees) who are on maternity and child care leave in these branches is considerably higher than the average (4 per cent): health care — 8.4 per cent, education — 5.9 per cent, public catering — 8.2 per cent, information and computer technology — 8.4 per cent, finance, credit and insurance — 5.2 per cent, trade — 7.1 per cent, etc.

The above figures show that in these branches the amount of benefits paid considerably exceeds the non-taxable annual social security fund.

Enterprises employing fewer women are more profitable. These include: industry — 37.2 per cent (average monthly wage of 12,135 tenge), transport — 26.3 per cent (10,974 tenge), construction — 23.8 per cent (11,319 tenge), housing and utilities — 38 per cent (8,184 tenge) geology, geodesy, hydro-meteorology — 38.7 per cent (14,269 tenge), other kinds of material production — 29.8 per cent (7,731 tenge).

In these enterprises, the amount of compulsory social benefits paid is lower than the amount collected before 5 April 1999 from the budget for these purposes, so that the profits of enterprises employing fewer women are increasing.

(f) To take all appropriate measures, including legislative, to change or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

45. A number of measures are mentioned in connection with other articles of the Convention. A list is given below of the basic legislative and other normative legal acts in the interests of women adopted after Kazakhstan’s accession to independence in 1991.

Law on special protection of the victims of the ecological disaster in the Aral Sea zone of 30 June 1992.

See commentary on article 4.2 of the Convention.

Law on social protection of the victims of nuclear testing at the Semipalatinsk test site of 18 December 1992.

Law on labour protection of 22 January 1993.

Order of the President of the Republic of Kazakhstan on measures of social support for large families of 4 December 1992.

See commentary on article 4.2 of the Convention.

Government resolution on new standards for maximum allowable weights to be manually lifted and moved by women of 20 January 1994 (with amendments and additions of 20 August 1996).

Presidential regulations on State awards in the Republic of Kazakhstan of 12 December 1995.

Government Directive on guidelines for the improvement of labour conditions and labour protection in the branches of the economy of the Republic of Kazakhstan for 1997-2000 of 21 January 1997.

Presidential Order on the concept of State policy for the improvement of the status of women in the Republic of Kazakhstan of 5 March 1997.

Regulation on assistance to families and children, approved by Directive of the Government of the Republic of Kazakhstan of 21 March 1997. Under the regulation, the following benefits were paid to families with children:

Single benefit for families with children;

Benefit for unemployed mothers with four or more children under seven years of age;

Benefit for children of military personnel serving for a fixed period;

Benefit for HIV-infected children and children with AIDS;

Benefit for children disabled since childhood.

See commentary on article 4.2 of the Convention.

Law on health care for citizens in the Republic of Kazakhstan of 19 May 1997.

In accordance with the law, maternity is protected through a broad network of specialized medical organizations, childbirth benefits, rational job placement for pregnant women allowing them to follow doctor’s orders, granting working women maternity leave and childcare benefits.

Decree of the President of the Republic of Kazakhstan on the State programme “Health of the people” of 16 November 1998.

Law on marriage and the family, which entered into force on 17 December 1998 to replace the former Code “On marriage and the family” of 1969.

Article 2 of the Law establishes the principle of the voluntary nature of the conjugal union of man and woman, equality of the spouses in the family, solution of family issues by mutual agreement, prohibition of any form of limitation of civil rights at the time of marriage and in family relations on social, racial, national, linguistic or religious grounds.

The Law also contains a provision on the medico-genetic examination of persons entering into marriage. The examination is designed to ascertain the genetic compatibility of the persons, and their health, in order to avoid undesirable social and legal consequences in the future, in particular a breakdown of the family or birth of defective progeny. The medical examination is carried out only with the consent of both parties.

The Law on marriage and the family provides that spouses are obliged to support each other financially. The Law also provides that the wife shall have the right to receive maintenance from her husband, not only during the marriage but also after its dissolution, both during the wife’s pregnancy and for three years after the birth of a child.

For more details, see the commentaries on article 16 of the Convention.

Law on employment of 30 December 1998.

(g) To repeal all national penal provisions which constitute discrimination against women.

46. In the Criminal Code of the Republic of Kazakhstan, there is affirmative discrimination towards women as regards the serving of sentences by them. According to the new Criminal Code (article 72), the serving of sentences may be deferred for pregnant women and women with children under eight years of age, except for those who committed serious crimes against persons, both at the time of sentencing and while a sentence is being served. Under the previous legislation, a similar provision concerned women serving terms of imprisonment but the new legislation makes this provision applicable to women sentenced to any form of punishment.

In accordance with the new Criminal Code, women may not be sentenced to capital punishment or life imprisonment.

47. A number of articles in the former Criminal Code specially protecting the rights of women were abolished by the new Criminal Code (see commentary on articles 2 (a) and 16 (a), (b) and (e) of the Convention).

crimes. The New Criminal and Criminal Procedure Codes give victims more rights and opportunities to independently collect evidence, bring the criminal before the court, as well as to reach an out-of-court settlement with the criminal.

The national action plan to improve the status of women in the Republic of Kazakhstan, approved by the Government on 19 July 1999, envisages amendment of the Criminal and Criminal Procedure Codes in 2000, in order to make persons who commit criminally punishable actions against women more accountable.

This plan provides for the formulation in 2001 of a draft law on domestic violence.

At the same time, new articles appeared — for crimes related to the sexual exploitation of women (see commentary on article 6 of the Convention).

48. The New Criminal Procedure Code, which came into effect on 1 January 1998, in articles 32, 33 and 45 refers the majority of cases of rapes, forced acts of a sexual nature, forced sexual intercourse, sodomy and lesbianism (respectively, articles 120, part 1, 121, part 1 and 123 of the Criminal Code) for private prosecution, in which the proceedings are instituted and terminated by the victims.

This abolished the previous arrangement under which the organs of internal affairs were obliged to accept for consideration all applications relating to sex

Table 20

Crime rates (cases per 10,000 inhabitants)

Article 3

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

49. The Constitution of the Republic of Kazakhstan guarantees equality before the law and prohibits discrimination on the basis of sex.

In addition, article 1 of the Constitution proclaims the highest values of the State: the individual person, his life, rights and freedoms; and article 12 of the Constitution guarantees human rights and freedoms, if their implementation does not violate the rights and freedoms of other persons and does not infringe the constitutional system or public morals.

Ministries and departments are currently considering Kazakhstan’s possible accession to such international treaties as the 1976 International Covenant on Civil and Political Rights and the 1976 International Covenant on Economic, Social and Cultural Rights, which provide for equal rights for men and women in the areas in question.

Information and education programmes in the field of human rights

50. In Kazakhstan’s schools and higher education establishments, the State education standards provide for mandatory enrolment in the course “The Basis of the Law”, which furnishes information on protecting the rights of women in all areas of social life.

Some State institutions have special programmes on human rights. In particular, the Migration and Demography Agency has developed a plan for education and training measures related to the observance of human rights, taking into account the gender factor for employees dealing with migration and refugee problems, and conducts seminars on an ongoing basis.

Most of the other State structures have not yet considered the need to introduce educational and training programmes that take the gender factor into consideration.

Disabled women

51. The rights of disabled persons are guaranteed under the Law of the Republic of Kazakhstan of 21 June 1991 on social protection of the disabled in the Republic of Kazakhstan, which ensures the creation of social, economic, legal and organizational conditions for providing equal opportunities for the disabled. The legislation also sets forth specific norms governing the rights and benefits of disabled soldiers from the Second World War and the war in Afghanistan, persons disabled as a result of the measures to eliminate the consequences of the Chernobyl nuclear power-station accident and of the ecological crises in the Aral and Semipalatinsk regions, as well as congenitally disabled persons.

Some organizations for the disabled, including the non-governmental organization for disabled mothers, Bibi-Ana, enjoy tax exemptions.

In other respects, Kazakhstan’s legislation considers the problems of the disabled, including women, on a general basis. There are no mandatory standards relating to disabled persons in the areas of construction, health care, education, information and so forth.

However, non-governmental organizations of disabled persons, including women, maintain a rather high level of activity.

Lesbians

52. Prior to 1 January 1998, the concept “lesbianism” was not included in Kazakhstan’s legislation. The new Criminal Code, in effect since 1 January 1998, having abolished the penalty for sodomy (imprisonment for up to 3 years), at the same time introduced a new article 121 on forced acts of a sexual nature, which establishes the punishment for sodomy, lesbianism and other sexual acts involving the use of force or the threat of its use as imprisonment for 3 to 6 years.

At the same time, two new articles on sexual intercourse and other sexual acts with persons under 16 years of age (article 122) and on coercion for the purpose of sexual intercourse, sodomy, lesbianism or other sexual acts (article 123), which also established, on an equal basis, the punishment for coercion for the purpose of sodomy and lesbianism, were introduced.

Equality of rights in the field of science and culture

Article 20 of the Constitution of 30 August 1995 guarantees freedom of speech and creativity.

Taking into account the higher level of education among women than among men in Kazakhstan, it can be stated with confidence that the basic opportunities for all-round cultural development are greater for women than for men. This is reflected in the fields of employment that are directly or indirectly connected with culture, where women represent the overwhelming majority.

Percentage of women among the overall number of workers and employees

Nevertheless, the opportunities for women to implement their rights with regard to culture are steadily declining. There are two reasons for this.

The first is the general economic recession, which also affects the field of culture.

Accordingly, the number of cinemas decreased from 8,313 in 1991 to 1,129 in 1997 and public libraries from 9,541 in 1991 to 3,260 in 1997, the number of theatregoers from 4 million in 1991 to 1.4 million in 1997 and museum visitors from 3.7 million in 1991 to 1.7 million in 1997, and the number of titles of children’s books published from 112 in 1991 to 16 in 1997.

The second reason is the continuing exclusion of women from the fields of science and agriculture, particularly at the most prestigious levels.

Women in the field of culture, as in other areas of employment, as a rule, are not allowed above a certain level.

The presidents of all the unions of creative artists are men.

State prizes are awarded primarily to men.

Thus, only one woman (from among 12 prize recipients) received a State prize in the area of culture in 1996, and one woman (out of 5 recipients) in 1998.

Only two women (from among eight prize recipients) were awarded the State “Daryn” youth prize in 1996, and two women (out of 15 recipients) in 1998.

Article 4

1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.

53. In Kazakhstan there are no special measures aimed at accelerating de facto equality between men and women. It is considered that the constitutional guarantees ensuring equal rights fully suffice. The commentary to article 7 of the Convention is more detailed in this regard.

Nevertheless, the representation of women at all levels of power is extremely low.

Given the clear predominance of women specialists with higher and secondary-level education, their presence among the managers of organizations is insignificant and represents approximately 7 per cent.

54. There is no single State policy for achieving equal representation in appointed and elected posts; each State body deals with this matter autonomously.

Of the seven deputies to the Senate of the first convocation of Parliament (1995-1999) whom he appoints in accordance with the Constitution, the President of the Republic appointed four women. A further four women were elected to the Senate and nine to the Majilis (lower chamber) of the Parliament, which represents 14.9 per cent. Of them, eight are in the Senate (18.18 per cent) and nine in the Majilis (13.43 per cent).

Announcements published by the State Service Agency about competitive examinations for filling State posts contain no limitations relating to gender.

In May and June 1999, the Agency held the first four competitive examinations for eligibility for State posts in State bodies of the Republic of Kazakhstan. Of those who passed the tests and became eligible, 56 per cent were women. Of the 52 candidates placed in the personnel reserve of State employees for central executive bodies, 35 were women, representing 67.3 per cent.

However, in many cases the reverse is true, particularly in announcements by private companies, which often indicate the gender required (usually male) for the vacancy in question.

55. Under the Labour Law Code of the Kazakh Soviet Socialist Republic of 21 July 1972, an administration is obliged (article 48) to establish, at the request of a pregnant women, a woman with a child under the age of 14 or a woman providing care to a sick family member, a part-time work day or part-time work week for her.

Article 53 imposes limits on overtime work. Pregnant women and women with children under the age of two may not be assigned to overtime work. Women with children from 3 to 14 years of age or disabled children up to 16 (article 157) may be assigned to overtime work or sent on business trips only with their consent.

Leave, upon the request of an employee prior to completion of 11 months uninterrupted service (article 69), is granted to women before leave for pregnancy and childbirth or afterwards.

Kazakhstan’s legislation establishes various types of allowances for families with children.

Childbirth allowances

56. The resolution of the Supreme Soviet of the Kazakh SSR of 29 November 1990 on social protection for indigent citizens during the transition to a market economy established a one-time childbirth allowance, replacing the previous one-time childbirth allowances differentiated according to the order of birth: as from 1 December 1990, the amount was three times the minimum wage.

The law of 31 December 1996 on the national budget for 1997 reduced the size of the one-time childbirth allowance from four times the minimum wage to a significantly smaller amount equivalent to four times the monthly accounting index.

From 1 January to 17 April 1999, the one-time childbirth allowance was paid to working women from the national budget.

The grants were paid by State institutions from savings in the salary fund and by other employers from their own resources.

The Ministry of Finance of the Republic of Kazakhstan approved, in document No. 242 of 25 May 1999, the rules for reimbursing employers’ expenditures for the payment of mandatory social security allowances to working citizens. Funds are set aside for the aforementioned payments in the expenditures of the national budget.

Since 18 April 1999, social assistance has been provided to women upon the birth of a child through funds from local budgets in the manner determined by the local executive bodies.

Allowances for indigent families with under-age children

57. The law of the Republic of Kazakhstan on the State budget for 1993 established, as from 1 January 1993, monthly allowances to be paid from the national budget to families with children: for children under 3 years — 1,790 roubles, and for those from 3 to 18 years — 1,330 roubles.

During the first quarter of 1993, payments were made in accordance with a procedure established under the resolution of the Cabinet of Ministers of 16 November 1992, on the condition that the average monthly aggregate income per family member for the previous quarter did not exceed the equivalent of four times the minimum wage.

Under the resolution of the Cabinet of Ministers of 5 February 1993, allowances were paid if the aggregate income per family member did not exceed the amount equivalent to twice the minimum wage.

The law of 14 June 1994 on the detailed national budget for 1994 established monthly allowances for families with children under six years at 75 per cent of the minimum wage, and from 6 to 18 years at 80 per cent of the minimum wage.

Furthermore, in view of the economic situation at the time, allowances were instituted for children which partially compensated for price increases: for children under six years, from 1 July 1994 — 100 per cent of the minimum wage, and from 1 October 1994 — 130 per cent; for children from 6 to 18 years, from 1 July 1994 — 105 per cent of the minimum wage, and from 1 October 1994 — 135 per cent.

Under the law of 31 December 1996 on the national budget for 1997, an accounting index is applied in order to calculate pensions, allowances and other social payments and also to impose fines, taxes and other payments in accordance with current legislation. In 1996, the amount of the single grant for children under three was 125 per cent of the monthly accounting index, and for children between 3 and 18, 130 per cent.

According to the Government decision of 21 March 1997 on confirmation of the regulations for providing social assistance to families with children, families whose average monthly mean per capita income is not larger than twice the accounting index used for calculating pensions, allowances and other social payments are entitled to receive single grants.

Under the law of 16 December 1998 on the national budget for 1999, social assistance to families with children is provided through funds from local budgets in the manner and the amount established by law. In accordance with the Government decision of 22 July 1999 on the adoption of provisional rules for providing direct social assistance, the heads of the regions and the mayors of Astana and Almaty were granted the right to determine the amounts to be provided for social assistance.

Allowances for large families

The decision of 29 November 1990 by the Supreme Soviet of the Kazakh SSR on social protection for indigent citizens during the transition to a market economy, together with previously existing monthly allowances provided to large families for the fourth and subsequent children up to the age of five established a monthly allowance for children between the ages of one and a half and six years in the amount of 50 per cent of the minimum wage for each child being supported by a family if the average aggregate income per family member does not exceed the amount of twice the minimum wage in effect since 1 December 1990.

The order of the President of the Republic of Kazakhstan of 4 December 1992 on measures for providing social support to large families established, as from 1 January 1993, the following privileges and benefits for families with four or more children under 18:

The manufacture and repair of dentures, free of charge, for mothers of large families (except dentures made of precious metals);

Free medicine obtained on a doctor’s prescription for children under 14;

Free use of urban transport (except taxis) and suburban and intra-regional buses for mothers and school children;

Priority placement of children in pre-school medical institutions and sanatoriums and other health-care institutions, regardless of the branch of administration to which they belong.

The same decree established a monthly allowance in the amount of the minimum wage, regardless of the family’s income, for non-working mothers with four or more children below the age of seven.

The law of 14 July 1994, on the detailed national budget for 1994, replaced this allowance with a monthly cash compensation payment to mothers of large families in the amount of 1.3 to 2.0 times the minimum wage, depending on the number of children.

The presidential order of 15 March 1995 on the national budget for 1995 restored the monthly allowance for non-working mothers with four or more children below age seven in the amount of the minimum wage, regardless of family income, and also restored the privileges in kind that had been suspended in 1994 (free manufacture and repair of dentures, free medicine on a doctor’s prescription for children under 14, and free urban transport).

The law of 31 December 1996 on the national budget for 1997 established allowances for non-working mothers of large families with four or more children below age seven in the amount of one monthly accounting index.

The presidential order of 23 January 1996 on measures to regulate State social guarantees established a special State allowance to cover housing expenses and communal services for large families with four or more under-aged children living together.

The law of 16 December 1998 on the national budget for 1999 provides allowances in the form of social assistance to families with children. Under the Government decision of 22 July 1999, the akims of the regions and of Astana and Almaty have the right to determine the amount of social assistance.

Table 21

Live births according to mother’s age and order of birth

Additional benefits for mothers with four or more children

The law of 7 April 1999 on amending and supplementing certain legislative acts of the Republic of Kazakhstan on providing benefits to specific categories of citizens replaced these benefits with a special State allowance in the amount of 1.9 times the monthly accounting index.

The presidential order of 12 December 1995 on State awards of the Republic of Kazakhstan established the following State awards for mothers of large families:

“Altyn Alka” (Golden Pendant) — for women who have given birth to and brought up 10 or more children;

“Kumis Alka” (Silver Pendant) — for women who have given birth to and brought up eight to nine children.

Women awarded the Golden Pendant were given the right to priority in housing, payment of 50 per cent of the cost of housing and communal services, with account taken of the living space occupied by them and their family members, free use of urban and suburban transport (except taxis) and other benefits. The same benefits were also granted to women who had previously received the title “Heroine Mother”.

Special population categories

58. Pursuant to the Law of 30 June 1992 on the social protection of victims of the ecological disaster in the Aral Sea region, women living in the disaster area (article 14) were entitled to:

Spend their pre-delivery maternity leave in specialized establishments outside the disaster area;

Receive a lump-sum benefit on the birth of a child, equivalent to four times the minimum wage;

Receive compensation equivalent to 50 per cent of the cost of food purchased for children registered with a health centre;

Receive yearly medical care for their children, free of charge, at specialized children’s institutions;

Travel with a sick child free of charge for purposes of medical treatment (in cases where the mother was unable to travel with the child, this provision extended to another accompanying person).

The above-mentioned benefits were abolished by the Law of the Republic of Kazakhstan of 7 April 1999.

59. Victims of the ecological disaster are entitled to:

A 30-per-cent discount on the cost of medicines and of the manufacture and repair of dentures (except those made of precious metals);

A 50-per-cent discount on the cost of housing and public utilities;

Interest-free loans for the construction of housing, with 50-per-cent repayment;

Twelve calendar days’ additional paid leave each year;

Annual financial assistance for medical care equivalent to the monthly premium or by means of an official payment over and above the applicable payments.

The above-mentioned provisions have been suspended until 1 January 2000.

Victims of radiation and environmental effects

60. Under the Act of 18 December 1992 on social protection for victims of the effects of nuclear testing at the Semipalatinsk nuclear test site, persons living in certain areas with radiation risk receive cash compensation, an additional stipend and additional paid leave.

Women living in the area who have been exposed to the effects of nuclear testing are entitled by law to maternity leave of 170 calendar days for normal births and 184 days for births with complications or for the birth of more than one child.

Children and young people under the age of 18 living in the areas affected by nuclear testing are entitled to free medical care (upon medical certification) in health-care institutions. Leave for the purpose of caring for a sick child is paid at 100 per cent to one of the parents and to persons who take their place, regardless of length of service, for the duration of the illness.

Under the Act of 7 April 1999 on changes and additions to some legislative acts of the Republic of Kazakhstan concerning benefits granted to certain categories of citizens, pensioners are given first priority for lump-sum cash compensation, while the cash benefit for the medical care of disabled persons has been abolished. The amount of the benefit payable for sick leave in connection with the care of a sick child is limited to the equivalent of 10 times the monthly accounting index.

Pensioners and disabled persons

61. Under the Law of the Republic of Kazakhstan on social protection for victims of the ecological disaster in the Aral Sea region, pensioners and disabled persons receive:

The use, free of charge, of all forms of urban passenger transport (except taxis) and of automobile transportation facilities for public use in rural areas within the administrative region in which they reside;

Free medicines (prescribed by a physician) and free manufacture and repair of dentures;

Priority for an annual free stay at a health resort;

Priority for obtaining places in homes for the elderly and disabled;

Lump-sum compensation for persons who have become disabled and families which have lost their breadwinner;

Annual allowance for medical care.

The entitlements under the Act of 7 April 1999 have been suspended until 1 January 2000.

62. They also receive, on the same basis as the rest of the resident population over the age of 15 in the area of the environmental crisis:

Medicines and dentures at a 20-per-cent discount;

A 25-per-cent discount on the cost of public utilities;

Nine calendar days’ additional paid leave each year;

Interest-free loans for the construction of housing, with 50-per-cent liquidation.

Under the Law of the Republic of Kazakhstan of 7 April 1999, these benefits have been suspended until 1 December 2000.

Entitlement to a pension calculated at a ration of 1.3.

63. They also receive, on the same basis as the rest of the resident population over the age of 18 in the area where pre-crisis conditions prevail:

Seven calendar days’ additional paid leave each year.

This entitlement was suspended under the Law of the Republic of Kazakhstan of 7 April 1999.

64. Under the Act of 20 June 1997 on the provision of pensions to citizens of the Republic of Kazakhstan, since 1 January 1998, disability pensions have been paid out of the State budget in the form of a government disability benefit.

Under the Law of the Republic of Kazakhstan of 7 April 1999 on changes and additions to some legislative acts of the Republic of Kazakhstan concerning benefits granted to certain categories of citizens, social assistance for the disabled is provided in the form of grants, provision of prosthetic and orthopaedic devices and footwear, publications with special print and compensatory technical facilities. Disabled persons in groups I and II receive a special State benefit to cover the costs of public utilities, fuel and housing.

The Law of the Republic of Kazakhstan of 5 April 1999 on the special State benefit in the Republic of Kazakhstan established the following rates for the special State benefit:

Disabled persons in groups I and II: 1.4 times the monthly accounting index;

Disabled persons in group III: 0.6 times the monthly accounting index.

Benefits for single mothers

65. The decision of 29 November 1990 of the Supreme Soviet of the Kazakh Soviet Socialist Republic concerning social protection for needy citizens during the transition to a market economy increased the monthly State benefits for single mothers (or fathers) payable for each child up to the age of 16, in the case of divorced men and women who received either no child support or support in the amount of 20 roubles or less per month, to 50 per cent of the minimum wage.

The Act of 14 July 1994 on the amended budget of the Republic of 1994 established monthly State benefits for single mothers at the rate of 50 per cent of the minimum wage for children up to the age of six, and 60 per cent for children between the ages of six and 18.

In addition, in view of the current economic situation, single mothers were temporarily granted State benefits for children as a means of partially offsetting the growth in prices. For children up to the age of six, the benefit amounted to 75 per cent of the minimum wage as from 1 July 1994 and 105 per cent as from 1 October 1994; for children between the ages of six and 18, the rates were 85 per cent as from 1 July 1994 and 115 per cent as from 1 October 1994.

The single parent benefit was abolished with effect from 1 January 1997. Single mothers received the same benefits as families with children.

In 1997, there was a sharp increase in the number of children born out of wedlock.

Table 22

Percentage of children born out of wedlock

With effect from 1 January 1999, budgetary legislation established benefits for families with children in the form of social assistance based on family income.

Multiple births

66. Under the Presidential Order of 23 January 1996 on measures to regulate State social guarantees, as from 1 January 1996, families to whom two or more children were born at the same time and whose income was less than the official living wage were required to pay only half of their housing and utility expenses.

With effect from 1 January 1999, budgetary legislation abolished these benefits.

Benefits for disabled children

67. The Act of 31 December 1996 on the budget of the Republic for 1997 established the following benefit rates for disabled children being raised and educated at home for 1997: 3,875 tenge in the first quarter, 4,070 in the second quarter, 4,230 in the third quarter and 4,445 in the fourth quarter.

For 1998, the benefit rates for disabled children being raised and educated at home were 4,520, 4,590, 4,660 and 4,730 tenge in the first, second, third and fourth quarters, respectively.

In accordance with the Law of the Republic of Kazakhstan on social protection of disabled persons in the Republic of Kazakhstan, as from 1 January 1999, disabled children being raised and educated at home receive financial assistance equivalent to the cost of specialized boarding schools for disabled children.

68. Under the Presidential Order of 23 January 1996 on measures to regulate State social guarantees, as from 1 January 1996, families with disabled children whose income is less than the official living wage are required to pay only half of their housing and utility expenses.

As from April 1999, the benefit under the Law of the Republic of Kazakhstan on special State benefits in the Republic of Kazakhstan for disabled children up to the age of 16 has been replaced by the payment of a special State benefit at the rate of 0.9 times the monthly accounting index.

Monthly benefits for children infected with HIV or suffering from AIDS

69. The Act of 14 July 1994 on the amended budget of the Republic for 1994 established monthly benefits for children infected with HIV or suffering from AIDS, at the rate of 80 per cent of the minimum wage.

In addition, in view of the current economic situation, budgetary legislation established benefits as a means of partially offsetting the rise in the price of bread and flour. The benefit rates were 105 per cent of the minimum wage as from 1 July 1994 and 135 per cent as from 1 October 1994.

The Act of 31 December 1996 on the budget of the Republic for 1997 established the benefit rate for children infected with HIV or suffering from AIDS at 130 per cent of the monthly accounting index.

These benefits were abolished as from 1 January 1997.

Benefits for children of non-career military servicemen

71. Non-career military servicemen are paid a monthly benefit for each child, regardless of family income.

As from 1 January 1999, these benefits are paid, under the Budget Act, in the form of social assistance.

As from 1 January 1999, these benefits are paid at the rate of 80 per cent of the monthly accounting index (Law on the prevention of AIDS).

Benefits for minor children whose parents have not paid child support while their parents are being located. Such benefits are paid from local budgets in accordance with the conditions and rates applicable to State benefits for the children of single mothers.

70. The Presidential Order of 20 July 1995 established the rates for these benefits as follows: 105 per cent of the minimum wage for children up to the age of six and 115 per cent for children between the ages of six and 18.

Pensions for mothers of large families and some other categories of women

72.

Table 23

Data on social assistance to women

* Including benefits paid to families with children, to unemployed mothers of large families with four or more children under the age of seven, to single mothers, to families with disabled children, to children suffering from AIDS and to children of non-career military servicemen.

Article 5

States Parties shall take all appropriate measures:

(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

73. The national plan of action for improving the status of women in the Republic of Kazakhstan — approved by Parliament on 19 July 1999 — envisages the drafting in 2000 of a draft law on advertising, which would prohibit the sexual exploitation of women and the violation of women’s civil rights.

However, the objective laid out in article 16 (a) currently appears unrealistic. The State has lost its ideological influence over the media, culture and — to a certain extent — education. In Kazakhstan, no international programmes for eliminating gender stereotypes in school textbooks, children’s publications and the media are being implemented.

Even the titles of State newspapers for children — targeted at all children — contain sexist language: “druzhnye rebyata” (pals), “ulan” (male youth).

Women’s organizations consider the use of the terms “grazhdanin” (male citizen) and “grazhdane” (male citizens) in legislation — including the Constitution — to be highly sexist and lacking in gender awareness. For example, article 30 of the Constitution reads:

1. (Male) citizens (grazhdane) are guaranteed free secondary education in State education establishments. Secondary education is compulsory.

2. A (male) citizen (grazhdanin) has the right to free higher education in State higher educational establishments.

74. Social and cultural stereotypes governing the behaviour of women and men were not raised as an issue until 1994-1995 when the first gender research groups in women’s non-governmental organizations were created.

The first specialized course on gender theory was taught at the international relations faculty of Almaty Abay State University from March to June 1999. A course on “gender sociology” is planned for the academic year 1999-2000 at the Al-Farabi Kazakh State University.

The teaching of subjects in the humanities from the aspect of gender is hampered by a number of factors, including the lack of appropriately trained lecturers, the absence or shortage of textbooks on the subject, poorly developed methodological resources for courses on gender, the difficulty of introducing gender courses into curricula as a result of the commercialization of higher education, and the lack of motivation of lecturers to take new material on board because of the unsatisfactory remuneration they receive for their work (low salaries).

In Kazakhstan, there are nevertheless a number of independent research groups keen to expand the teaching of gender courses to the secondary school level (the Centre for Gender Research at the Institute for Strategic Research, the Feminist League). They see the opening of a gender research department in one of Almaty’s higher education establishments as the best means of institutionalizing gender research.

(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

75. The Ministry for Education and Science and the Healthcare Agency of the Republic of Kazakhstan plan to draft legislation on the rights of the child, on ethics and sex education, and on social and special pedagogical support for children and adolescents with disabilities.

An educational programme for teenage girls (Izmeneniya — “Change”) was developed in the framework of the nationwide programme “Kazakhstan 2030”.

Article 6

States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

76. The Criminal Code in force until 1 January 1998 contained only one article relating to the elimination of the exploitation of the prostitution of women: “Keeping of brothels and procuring” (article 215-1).

The new Criminal Code, which entered into force on 1 January 1998, significantly reduced the maximum punishment for this crime: from five to three years (in the absence of aggravating circumstances), but simultaneously introduced several new articles into Kazakhstan’s legislation. These covered: the recruitment of persons for the purposes of sexual or other exploitation (article 128), which carries a maximum punishment of eight years’ imprisonment; the luring of a minor into prostitution (article 132) — up to three years’ imprisonment; trafficking in minors (article 133) to and from Kazakhstan — up to ten years’ imprisonment; coercion to prostitution (article 270) — up to three years’ imprisonment.

As a supplement to the Criminal Code, Parliament adopted resolution No. 862 of 25 June 1999 on the approval of the rules for licensing the attraction of foreign manpower and the export of labour from Kazakhstan, which regulates the licensing of export of manpower and prohibits the organization of sex tourism.

Moreover, appropriate instructions have been given to Kazakhstan’s diplomatic missions and consular institutions located in countries where there is a possibility of trafficking in women in order to protect Kazakhstan’s female citizens. If trafficking in Kazakh women takes place, the necessary measures are taken to ensure their return to Kazakhstan.

Prostitution as such is considered an administrative offence under the Administrative Offences Code of 22 March 1984 and is subject to caution or fine (article 182-1).

77. In the first six months of 1999, 45 women were abducted and recruited for sexual or other exploitation, and three individuals were prosecuted for forcing women into prostitution.

According to the Ministry for Home Affairs, crimes such as the organization and keeping of brothels for procuring and prostitution are, for the most part, committed by divorced women and unemployed single mothers with dependent children. This type of offence becomes their source of income. In the first six months of 1999, 30 persons were prosecuted for keeping premises for the consumption of narcotic drugs and psychotropic substances, 43 for organizing and keeping brothels for prostitution and procuring, and 12 for the illicit dissemination of pornography and materials promoting cruelty and violence.

Kazakhstan is interested in becoming a party to the following international treaties pertaining to questions of slavery, subordination and forced labour:

– The 1927 Slavery Convention;

– The 1932 Forced Labour Convention;

– The 1951 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.

The above-mentioned treaties are currently being analysed by the Republic’s Ministries and departments.

The procedure governing the signing, ratification and implementation of international treaties is regulated by an order of the President of the Republic of Kazakhstan on the procedure for the conclusion, implementation and denunciation of international treaties of the Republic of Kazakhstan of 12 December 1995, which has the force of law, and by resolution No. 189 of 12 February 1996 of the Government of the Republic of Kazakhstan on the Council of Experts on the Cooperation of the Republic of Kazakhstan with International Organizations, pursuant to which the Republic becomes a party to international treaties following the approval by the Council of Experts of a proposal submitted by the Ministry or department concerned.

It is planned that the new draft of the law on tourism being prepared by the Ministry of Transport, Communication and Tourism will include measures to prevent the use of tourism for exploitation for purposes of prostitution.

Part II

Article 7

States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:

(a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

78. According to article 33 of the Constitution, citizens of the Republic of Kazakhstan enjoy the right to participate in the management of State affairs either directly or through their representatives, to vote and to be elected to State bodies and local authorities and to participate in the Republic’s referendum; they also enjoy an equal right to hold public office.

(a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

79. The State guarantees equal rights and opportunities to women and men in respect of their nomination and registration as candidates for the posts of President of the Republic of Kazakhstan, deputies to the Senate and Majilis, for local administrative bodies and in all election campaigns.

The constitutional law on elections in the Republic of Kazakhstan strengthened the right of citizens of the Republic of Kazakhstan to participate in elections from the age of 18 years, irrespective of origin, social, professional or property status, sex, race, nationality, language, religious affinity, convictions, place of residence and other circumstances.

80. On 1 July 1999, the total number of male and female voters was 8,358,450.

In the presidential elections of 10 January 1999, 87 per cent of the electorate took part. The Central Electoral Commission does not maintain a separate count of female voters.

According to data provided by the Feminist League NGO, women account for 53 per cent of the electorate.

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

81. The Government of the Republic of Kazakhstan includes one woman: a minister without portfolio, Chairperson of the National Commission on Family and Women’s Affairs. Four women head State committees and agencies, 10 women are Deputy-Ministers of vice-chairpersons of committees or agencies, five women are deputy akims of regions. One woman has been nominated as a presidential candidate by Kazakhstan’s Academy of Sciences.

In the Supreme Court of the Republic, 16 of the 48 judges are women.

Four of the seven members of the Central Electoral Commission of the Republic of Kazakhstan are women. Of the 800 members of regional, area and Almaty and Astany town electoral commissions, 30 per cent are women, as are about 50 per cent of the members of divisional electoral commissions.

The Ministry of State Revenue fills vacant posts according to whether a candidate meets the qualification requirements. There are no discriminatory provisions.

In the Ministry’s central apparatus, women account for over 50 per cent of staff, with one third occupying managerial positions.

Table 24

Information on female staff in the central apparatus of the Ministry of State Revenue (as of 22 July 1999)

* Head of Department to Deputy Chief of Division level.

In the Ministry of Energy, Trade and Industry, of 268 persons working in the central apparatus and committees, 137 are women (51 per cent).

Table 25

Number of female managers in the Ministry of Energy, Trade and Industry

In the Ministry of Natural Resources and Environmental Protection and its regional organs, women account for approximately 40 per cent of the total number of specialist staff.

In the Ministry of Agriculture, women account for over 40 per cent of staff of the central apparatus, with approximately 10 per cent occupying managerial posts as chiefs and deputy chiefs of divisions in ministerial committees and departments.

In the Ministry’s structural subdivisions, preliminary work is being carried out to facilitate the nomination and approval of female candidatures for managerial posts; documentation on the candidatures is being prepared for submission to the National Commission on Women’s Affairs.

In the Ministry of Transport, Communications and Tourism, there are 134 female staff and 125 male staff (259 in total), with 29 women in managerial posts. A total of 1,023 persons are employed in State-owned car manufacturing enterprises, including 384 women (37.5 per cent), including 350 white-collar workers and 34 blue-collar workers.

The Ministry of Defence has drawn up a list of military posts in which women may serve.

There are 3,380 women to serve on a contractual basis in the Armed Forces of the Republic of Kazakhstan.

The Ministry of Defence plans to broaden the sphere of women’s participation in the military to include the command level of units and sub-units.

Since 1 September 1998, for the first time in Kazakhstan’s history, 23 girls have been studying at the Military Academy of the Armed Forces of the Republic of Kazakhstan.

In the context of a campaign to attract women into the Armed Forces, more than 80 female secondary school graduates sat entrance examinations for the National Security Committee of the Republic of Kazakhstan.

Seven women head district (town) education authorities (departments), namely 44 per cent of the total.

Only two of the 51 State higher education institutions are directed by women.

Although women clearly predominate among specialized personnel with higher qualifications, the majority are concentrated in the lower echelons of management.

(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

82. Women enjoy an equal right to participate in non-governmental organizations. The public organizations in existence before 1991 for the most part either no longer exist or have significantly reduced the scope of their activities. Women dominate in many of the new non-governmental organizations established over the past eight years (political parties excepted).

– Welfare support for women (Almaty Association of Single Mothers, “Bibi-Ana”, Kazakhstan Union for Large Families, etc.);

– Violence against women (Crisis Centre for Women and Children, Friends (“Podrugi”) Crisis Centre, Feminist League);

– Increasing women’s participation in politics (Almaty Women’s Information Centre, “Zharia”, Women’s Electoral Block, “Nayada”, etc.);

– Gender education and gender research (Almaty Women’s Information Centre, Feminist League, the Centre for Gender Research at the Institute for Strategic Research);

– Environmental issues (International Environmental Association for Women of the East);

– Monitoring of the situation of women and of women’s rights (Feminist League).

Women’s organizations have some influence over legislative change in the interests of equal rights and opportunities: proposals put forward by the Feminist League in respect of the revision of the marriageable age were included in the new law on marriage and the family (see commentary to article 16 (a) of the Convention).

In recent years in Kazakhstan, a relatively strong non-governmental women’s movement has come into being; since 1998 it has sought to influence policy.

In autumn 1998, the Women’s Electoral Initiative Coalition was formed, comprising 20 of the most prominent women’s organizations. In August 1999, the Coalition sent a memorandum to all registered parties demanding that they include at least 50 per cent women on their party lists for the presidential elections. In June 1999, a fund — the Women’s Electoral Block — was established to support female candidates. In July 1999, the only party with a female majority (60 per cent) and a female leader, the Party for the Regeneration of Kazakhstan, declared itself a women’s party. In August 1999, the Political Alliance of Women’s Organizations was formed.

Nevertheless, the majority of the 11 registered parties put forward only a small number of women as candidates in the October 1999 elections to the lower house of parliament, as was the case previously.

Almaty, until recently the capital of Kazakhstan, is at the centre of the women’s movement thanks to the extensive social, cultural and political activity in the region and the fact that women in Almaty are in the majority (1,197 women to 1,000 men). The main issues concerning women’s organizations are:

Article 8

States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

83. Women of the Republic of Kazakhstan have the opportunity, on equal terms with men and without any discrimination, to represent their Governments at the international level and to participate in the work of international organizations. This is guaranteed by the Constitution of the Republic of Kazakhstan.

Two women currently represent the Government of the Republic of Kazakhstan at the international level as ambassadors extraordinary and plenipotentiary. However, women of the Republic of Kazakhstan are hardly represented at all in international organizations.

Article 9

1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

2. States Parties shall grant women equal rights with men with respect to the nationality of their children.

84. The United Nations Convention on the Nationality of Married Women was submitted to the Parliament in November 1999 with a view to Kazakhstan’s accession to the Convention.

The legislation of Kazakhstan grants women absolutely equal rights with men to acquire, change or retain their nationality.

Part III

Article 10

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

(d) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

(g) The same opportunities to participate actively in sports and physical education;

(h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

85. The Constitution of Kazakhstan of 30 August 1995, in article 30, guarantees citizens free compulsory secondary education in State education establishments.

Under the Law on education of 7 June 1999, one of the basic principles of State policy in the education field (art. 3) is equality of rights of all citizens of the Republic of Kazakhstan to education.

In spite of the fact that, of the total number of the population aged between 7 and 18 years, boys predominate, among schoolchildren there are rather more girls in both primary and secondary education. At the beginning of the 1997/98 school year, a total of 26,900 children did not attend school, the majority of those being boys. The State therefore has to take special measures to expand access of boys in particular to primary and specialized secondary schools.

As a result of the measures taken, the number of school-age children not attending schools for various reasons was reduced by the end of the current school year to 172.

Table 26

Schools, teachers and pupils in primary and secondary education for the 1997/98 school year

* In Kazakhstan, primary and general secondary schools are combined. So the number of primary and general secondary schools is the same.

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

86. See paragraph “a”.

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

87. Within the higher-education system of the Republic, all curricula, textbooks and other teaching materials are uniform in terms of contents and are intended for all students irrespective of gender.

88. The secondary-education system of the Republic is based mainly on co-education. However, within the system of higher education a Women’s Pedagogical Institute has existed for several decades. This is the only higher-education institution in Kazakhstan in which teaching is exclusively in the Kazakh language and in which girls from rural areas comprise a majority of the student body.

Recently, separate secondary schools have appeared, including the Kazakh-Turkish women’s lycée in the city of Kyzylorda.

(d) The same opportunities to benefit from scholarships and other study grants;

89. Scholarships and other study grants are provided on an equal basis irrespective of gender.

(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

90. Taking into account the higher level of education among women, it may be noted that the existing knowledge gap is not in men’s favour.

The Labour Code of 21 July 1972 contains a number of provisions aimed at encouraging continued education, including the expansion of literacy among adults, regardless of gender. They include:

Reduction of the workweek for students of evening and external general secondary schools (art. 186) by one day, with a wage of 50 per cent for that day, and for rural students, by two days;

Paid leave (art. 187) of up to 20 days to sit for final examinations at evening and external general secondary schools, of up to 30 days (art. 189) to sit for examinations at vocational schools, and up to 40 days (art. 193) to sit for examinations at evening and external higher and specialized secondary educational establishments;

Unpaid leave (art. 190) of up to 15 days to sit for entrance examinations to higher and specialized secondary educational establishments.

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

91. No data available.

(g) The same opportunities to participate actively in sports and physical education;

92. Physical training in those educational establishments where facilities are available is compulsory for all students irrespective of gender.

(h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

93. A selective poll of schoolchildren has revealed a lack of medical and hygienic knowledge and habits conducive to a healthy lifestyle.

Thus, 47 per cent of children do not regularly take part in sports, up to 60 per cent smoke tobacco, 30 per cent drink alcohol occasionally, 6 per cent have experimented at least once with narcotic or toxic substances, and up to 30 per cent of children and teenagers have sexual intercourse at an early age.

For the whole period of schooling, children either contract, or suffer a tenfold aggravation of, respiratory, ophthalmic (myopia), digestive, urino-genital, neuro-psychological or locomotory diseases or disorders.

That is why great attention has been paid recently in educational institutions to instilling a healthy lifestyle.

In 1996, in answer to the question “Where do you learn about healthy lifestyles and the problems of sex?”, only 3-5 per cent of pupils replied “At school”; in 1998, 65 per cent of polled schoolchildren gave that answer.

Both teachers and students are given physical-fitness tests, as recommended by the President, and new forms of conditioning and health improvement are being introduced. “Health days” are held regularly.

A training programme and a teacher’s manual were developed for the subject of moral and sexual education, a set of programmes for pupils, students, teachers and parents was elaborated for AIDS prevention, and an educational programme “Changes” for teenage girls was developed.

The Ministry of Health, Education and Sports is planning to draft a law on moral and sexual education.

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:

(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.

3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.

Poverty

94. Starting in January 1999, the Ministry of Labour and Social Security began setting a poverty level, equal to the level of food poverty (which depends on one’s economic situation and purchasing power and amounts to 70 per cent of the subsistence level). In the first quarter of 1999 the poverty level was established at 2,280 tenge, rising in the second quarter to 2,383 tenge.

A family below the poverty level cannot apply for social support, since such support, if granted on a wide scale, would be considered an unacceptable burden for the State budget. That is why the poverty level is used only as a tool to assess the living standards of the population. Another criterion is used to determine the necessity of providing social support, namely, twice the monthly figure per family member, amounting to approximately half the figure for the poverty level and 40 per cent of the subsistence level.

The plan providing for measures to implement the Government’s Programme of Action for 1998-2000 had envisaged development of a State programme for support to the poor and homeless. However, in the light of the worsening economic situation in the Republic, this programme was omitted from the plan.

The proportion of the population living below the poverty level, according to the Statistical Agency of the Republic of Kazakhstan, in 1998 was 18.3 per cent, while in 1999, according to forecasts by the Statistical Agency, it will constitute 23 per cent of the total population.

The proportion of the population with incomes below the subsistence level is considerably higher.

The number of poor people in the south is higher than the average for the Republic. Nearly two out of three poor people live in the south or east of the country.

Table 27

Wages and pensions indexes (1991=100 per cent)

Unemployment

95. In 1998, a total of 537,300 people applied to the State employment agencies, including 295,900 women; 105,300 applicants were placed in jobs, including 49,300 women; 382,000 people were registered as unemployed, including 220,100 women; unemployment benefits were granted to 363,100 people; 39,900 people participated in public works, including 19,600 women; 17,100 unemployed were trained or re-trained, including 10,400 women; and 15,200 people were placed in jobs after training, including 9,100 women. In the first half of 1999, 185,400 job-seekers applied to the competent employment agencies, including 100,000 women; 33,200 were placed in jobs, including 16,800 women; 120,300 were registered as unemployed, including 69,900 women; 32,600 participated in public works, including 21,700 women; 5,600 received vocational training, including 3,400 women; and 4,900 were placed in jobs after training, including 3,100 women.

Table 28

Comparative table of the number of employed and unemployed (in thousands)

The changes currently taking place in the political, economic and social fields have also affected employment.

Unemployment is becoming a constant factor in the development of the labour market and in the sharpening of competition for jobs. Characteristic features of the labour market are the following:

A growing imbalance between demand for and supply of manpower;

A significant level of unregulated employment in the informal sector of the economy;

Growing labour intensity, with a re-distribution of manpower among the economic sectors and various types of economic activity;

The low cost of manpower, which has significantly lagged behind the cost of living;

The large-scale persistence of partial unemployment or hidden unemployment;

A significant level of female unemployment.

A typical present-day unemployed person in Kazakhstan is a woman (58.1 per cent) of total, with general secondary (45.2 per cent) or specialized secondary (37.9 per cent) education, aged between 30 and 50 years (60.4 per cent), and whose length of service is more than ten years (58.7 per cent).

Over the past two years the number of long-term unemployed (more than one year) has considerably increased. They make up approximately 15 per cent of the total number of those who have applied, and are mostly women.

As the competition for jobs grows, the tendency to discriminate against women in job recruitment and dismissal is getting stronger, especially against women with minor children and women over 40.

The drop in aggregate demand for manpower, including workers applying to the State employment services, is the main problem of the labour market. Whereas in 1995, in Almaty — the most prosperous region of the Republic — there were up to two vacancies for every person unemployed, in 1996 there were five or six unemployed applying for every vacancy; in 1997 there were 13 applicants and by 1998, the number had risen to 16.

The employment services have a fairly large database of vacancies listed by occupation, but they cannot be filled, as the employers pay a low wage that does not meet the cost of living, or they delay payment. Those in greatest demand on the labour market are: cooks, waiters, barmen, shop-assistants, construction workers, drivers, loaders, specialists in maintenance of electric-power grids and equipment, and other occupations which do not require vocational training. Today, except for shop-assistants, these occupations are predominantly “male”.

(underlined are the positions which the employer would like to have filled by men): insurance agents, advertising agents, trade (commercial) agents, brokers, secretaries/ assistants with knowledge of several languages, managers and translators/interpreters. A study of applications submitted to employment agencies clearly indicates that employers prefer to see men in practically all positions, excluding those which require longer training and do not call for decision-making.

As for the specialists of a “new caliber”, i.e. those possessing the skills to work under the new economic conditions, those in most demand — judging from applications to employment agencies — are the following

Table 29

Length of unemployment, by number of persons