Home | Databases | WorldLII | Search | Feedback United Nations Committee on the Rights of the Child - States Parties Reports

Kazakhstan - Consideration of reports submitted by States parties under Article 44 of the Convention: Second and third periodic reports of States parties due in 2006 [2006] UNCRCSPR 21; CRC/C/KAZ/3 (23 August 2006)

UNITED NATIONS		CRC
	Convention on the Rights of the Child	Distr. GENERAL CRC/C/KAZ/3 23 August 2006 ENGLISH Original: RUSSIAN

COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Second and third periodic reports of States parties due in 2006

KAZAKHSTAN[*] [**]

[4 August 2006]

Introduction

1. The Republic of Kazakhstan’s initial report on the implementation of the Convention on the Rights of the Child (hereinafter “the Convention”) was considered at the thirty-third session of the Committee on the Rights of the Child (hereinafter “the Committee”), on 4 June 2003.

2. The present report was prepared pursuant to article 44 of the Convention and in keeping with the general guidelines regarding the form and content of periodic reports to be submitted by States parties (CRC/C/58, of 20 November 1996) and the Committee’s recommendations, on the basis of material supplied by relevant ministries and departments and by the local authorities responsible for addressing issues relating to the status of children and the safeguarding and realization of their rights, State statistical data, material obtained from special studies and information received from voluntary organizations that deal with children’s problems.

3. The introductory part of the report contains general information on the country and people and on the main directions of changes in the situation of children during the period under review. The main part of the report consists of 10 chapters, and includes information on steps taken by Kazakhstan to implement the Convention between 2003 and 2005, in accordance with the international obligations it has assumed, and on progress achieved, difficulties encountered and measures planned to implement the provisions of the Convention in the future.

4. In accordance with paragraph 8 of the general guidelines regarding the form and content of periodic reports to be submitted by States parties under article 44 of the Convention, information transmitted in the initial report on the implementation of the Convention in Kazakhstan has not been repeated in the present report. However, reference has been made to the initial report where necessary.

5. The annexes contain a list of Kazakhstan’s principal laws and regulations adopted to apply the principles set out in the Convention, and effect changes in the situation of children, as well as relevant statistical data for the period 2003-2005.

I. GENERAL INFORMATION CONCERNING KAZAKHSTAN

(Country and people)

6. Kazakhstan occupies a territory of 2,724,900 square kilometres.

7. As at 1 January 2006, Kazakhstan consisted of the following administrative and territorial units: 14 provinces, 2 self-governing cities, 160 districts, 84 cities and towns (39 provincial and 45 district centres), 8 townships, 161 settlement and 2,336 rural administrations, 167 settlements and 7,262 rural population centres (aul).

8. The population of Kazakhstan at the beginning of 2006 was 15,218,000 persons, of whom 48.1 per cent were men and 51.9 per cent women. Children under 5 made up 8.1 per cent (1,228,800) of the population; children aged 5-15, 16.1 per cent (2,456,210); young persons aged 15-29, 27.8 per cent (4,228,900); adults aged 30-65, 40.2 per cent (6,115,000); and adults aged 65 years and over, 7.8 per cent (1,193,800). In addition, 42.5 per cent of the population lived in rural areas, and the remaining 57.5 per cent in cities and towns of various sizes and in urban settlements.

Components of population change

9. There has been a change in the male-to-female ratio of the Republic’s inhabitants: on 1 January 2006, there were 928 men for every 1,000 women. Men currently account for 46.7 per cent of the country’s urban population and 50 per cent of the rural population. The total number of men in the Republic has declined by 7.2 per cent over the past 16 years (1990-2005), although the figure has increased by 1.7 per cent over the past 7 years (1999-2005), reaching 7,323,900 at the beginning of 2006; the number of women fell by 6.1 per cent over the same 16year period but rose by 1.8 per cent in the period 1999-2005 and now stands at 7,893,800.

Women and men by age group

(At beginning of year (persons))

Sex structure of the population

10. Over the past seven years, there has been a significant increase in both the total number of young persons aged 15-29 (445,800 or 11.8 per cent) and adults aged 45-59 (529,700 or 27.3 per cent) and the share of these groups in the population. At the same time, the overall share of youth (children, adolescents and young persons, i.e. persons aged 0-29) in the population has continued to decline, from 54 per cent (8,079,000) on 1 January 1989 to 52.2 per cent (7,908,900) at the beginning of 2006. In consequence, the population has continued to age: while in 1989 the average age of the Republic’s inhabitants was 28.5 years, in 1999 it stood at 29.9 years, and in 2005, at 31.6 years.

Age structure of the population

11. The total number of children and adolescents (0-14 years) in Kazakhstan as at 1 January 2006 was more than 3,680,000, of whom 1,228,800 (33.4 per cent) were children aged 0-4; 1,088,100 (29.6 per cent), children aged 5-9; and 1,363,100 (37 per cent), adolescents aged 10-14. The composition of the young adult population (15-29 years) by sex as at 1 January 2006 reflects the slight numerical and relative superiority of males (in contrast to the overall population structure): in this age group as a whole, the ratio is 50.5 to 49.5 in favour of men; in the age groups 15-19 and 20-24, it is 50.8 to 49.2 and 50.6 to 49.4, respectively; and, in the age group 25-29, it is 50.1 to 49.9.

Age structure of the urban and rural populations

(At beginning of year)

12. As the table shows, while children (0-9 years) continue to account for a significantly greater proportion of the rural population (owing to the number of large families) than of the urban population, the rate of decline in their number and share in the population is far higher in rural areas than in cities and towns.

Ethnic composition of the population

13. Kazakhstan remains unique in its ethnic diversity: its population includes representatives of more than 100 large and small peoples of Asia and Europe (nearly 130 peoples, when representatives of peoples of the African and American continents - numbering from a few dozen to 100 to 300 - are taken into account), who have different languages, culture and customs but are closely bound by a common historical destiny. As at 1 January 2006, Kazakhs and Russians comprised 85 per cent of the total population (Kazakhs, 58.6 per cent, and Russians, 26.1 per cent). The next most numerous ethnic groups are Ukrainians, Uzbeks, Tatars, Uigurs, Germans and Koreans. Each of these groups is from 100,000 to 500,000 strong, and taken together they constitute 11 per cent of the total population. The number of Turks, Azerbaijanis and Belarusians is between 85,000 and 93,000 each.

Natural population movement

14. Natural population increase has not only remained the main source of growth but has also to some extent offset the substantial negative migration balance (a larger number of emigrants than immigrants) seen in the 1990s, although it declined sharply during this period, in both absolute and relative terms. Over the past 15 years, there has been a significant deviation from the population replacement model established in the previous decade, which was characterized by long periods of very high natural population increase, as a result of a high birth rate and a relatively low death rate, combined with an increase in average life expectancy, as can be seen from the statistics provided below.

15. Since 2000, natural population increase has grown gradually but significantly -
from 70,162 persons in 1999 to 120,779 persons in 2005 - while the rate of natural increase per 1,000 inhabitants in this period rose from 4.7 to 8.

Natural population movement indicators for urban and rural areas

1999 2000 2001 2002 2003 2004 2005

1999 2000 2001 2002 2003 2004 2005

Maternal mortality rate, 2003-2005

16. The maternal mortality rate is the number of women who die of complications of pregnancy, childbirth and the puerperal period per 100,000 live births.

Infant mortality rate, 2003-2005

17. The infant mortality rate is the number of deaths among children under 1 per 1,000 live births.

Under-five mortality rate, 2003-2005

(per 1,000 live births)

II. GENERAL MEASURES OF IMPLEMENTATION
(arts. 4 and 42 and art. 44, para. 6)

18. Kazakhstan shares the purposes and principles set forth by the international community in the outcome document of the twenty-seventh special session of the General Assembly, entitled “A world fit for children”, and, pursuant to article 4 of the Convention, is taking legislative, administrative and other measures for the application of the norms stipulated in the Convention.

19. Information on national legislation adopted for the implementation of the Convention up to 2003 is contained in paragraphs 21-24, 29, 30, 55-57, 70-72 and 84 of the initial report and in the annex to the report.

20. Kazakhstan’s efforts to implement international standards for safeguarding the rights and interests of children are reflected in the development and enhancement of its national legislation.

21. The Convention’s general principles and norms (arts. 2, 3, 6 and 12) are incorporated in the Constitution of the Republic of Kazakhstan, the Criminal Code, the Code of Criminal Procedure and the Execution of Criminal Penalties Code. Kazakhstan has adopted a whole range of laws dealing primarily with the rights and interests of children (the Children’s Rights Act, the Marriage and the Family Act, the Family-type Children’s Villages and Young People’s Homes Act, and others).

22. The ratification by Kazakhstan of the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict, and on the sale of children, child prostitution and child pornography, is contributing to the realization of the rights of children.

23. With the participation of the International Organization for Migration, Kazakhstan is continuing to implement an initiative to combat trafficking in persons from, to, through and within the country. The initiative provides for the training of officials of law enforcement agencies and the Procurator’s Office in trafficking prevention methods, taking account of international experience; the development of proposals for the enhancement of national legislation on trafficking; and the provision of assistance to victims of trafficking.

24. Efforts are under way to implement Government decision No. 219 on the Action Plan of the Government of the Republic of Kazakhstan to Suppress, Avert and Prevent Human Trafficking Crime for 2004 and 2005, of 24 February 2004.

25. The initial report of Kazakhstan on the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography was prepared and submitted to the Committee on the Rights of the Child in January 2006.

26. The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which Kazakhstan has ratified, prohibits the direct participation of children in hostilities and the compulsory recruitment into the armed forces of persons who have not attained the age of 18 years. The provisions of the Optional Protocol have been incorporated in article 41 of the Children’s Rights Act, which prohibits the participation of children in military actions or armed conflicts and the creation of children’s military units, and in article 23 of the Military Obligations and Military Service Act, which provides for the conscription for a term of military service of citizens aged between 18 and 27 years.

27. The report on the measures taken by Kazakhstan to implement the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict was approved by Government decision No. 1033 of 15 October 2005.

28. In the period 20032006, the laws safeguarding the rights and interests of children were further refined with a view to bringing them more fully into line with the principles and provisions of the Convention and creating the legal conditions for children’s social wellbeing. These efforts were furthered by the adoption of Act No. 430 on the HealthCare System, of 4 June 2003; Act No. 565 on Human Reproductive Rights and Guarantees for Their Realization, of 16 June 2004; Act No. 591 on the Prevention of Juvenile Delinquency, Child Neglect

and Homelessness, of 9 July 2004; Act No. 489 on Preventing IodineDeficiency Disorders, of 14 October 2003; Act No. 74 on Military Obligations and Military Service, of 8 July 2004; and others.

29. The State sectoral programmes in such fields as education, health care, poverty reduction, migration policy, demographic development and rehabilitation of persons with disabilities are aimed, inter alia, at implementing the national policy on the observance of the lawful rights and interests of children. These programmes include:

The State programme for the development of education in the Republic of Kazakhstan for 20052010, approved by Presidential decree No. 1459 of 11 October 2004;

The State programme for the reform and development of health care in the Republic of Kazakhstan for 20052010, approved by Presidential decree No. 1438
of 13 September 2004;

The programme for the intensification of efforts to combat tuberculosis, approved by Government decision No. 850 of 13 August 2004;

The programme to counter the AIDS epidemic in the Republic of Kazakhstan for 20012005, approved by Government decision No. 1207 of 14 September 2001;

The programme for the rehabilitation of persons with disabilities for 20022005, approved by Government decision No. 1758 of 29 December 2001;

The programme for the rehabilitation of persons with disabilities for 20062008, approved by Government decision No. 17 of 6 January 2006;

The programme for the employment of the population of the Republic of Kazakhstan for 20052007, approved by Government decision No. 68 of 27 January 2005;

The programme to reduce poverty in the Republic of Kazakhstan for 20032005, approved by Government decision No. 296 of 26 March 2003;

The programme to extend the scope of social reforms in the Republic of Kazakhstan for 20052007, approved by Government decision No. 1241 of 30 November 2004;

The “Auyl mektebī” programme for 20032005, approved by Government decision No. 128 of 4 February 2003.

30. A special body, the Committee for the Protection of Children’s Rights, was established within the Ministry of Education and Science by Government decision No. 36 of 13 January 2006 to coordinate the implementation of the Convention at the national and local levels, including by effectively coordinating activities between central and local authorities and cooperating with NGOs and other sectors of civil society.

31. During the reporting period, the legal mechanisms for protecting children’s interests were further developed. Following the establishment of the office of Human Rights Commissioner in Kazakhstan, the role of the national human rights institution within the system of government bodies was strengthened and the Commissioner’s status and terms of reference were modified, taking into account the Committee’s recommendations in paragraphs 12 and 13 of its concluding observations on Kazakhstan’s initial report and its general comment No. 2 on the role of independent national human rights institutions in the promotion and protection of the rights of the child. Thus, pursuant to Presidential decree No. 1474 on the further enhancement of the system for the protection of constitutional rights and human and civil freedoms, of 29 November 2004, the Ombudsman’s powers to protect human rights were broadened and new functions were assigned to the office: participation in the judicial review of cases; handling of applications for review of the legality of judicial decisions; initiation of parliamentary hearings; and referral of petitions for the institution of criminal, civil or disciplinary proceedings. In addition, within the Office of the Human Rights Commissioner in Kazakhstan, there is a special section with responsibility for children’s rights. In 2006, a pilot project entitled “Protecting the rights of the child and establishing monitoring mechanisms” was launched. The goal of the project is to create a special structure, a children’s rights ombudsman, in every region of Kazakhstan. It is being implemented jointly with the central Government as part of the cooperation programme for 20052009. The key partners in the project include 90 representatives of the Ministry of Education and Science, the Ombudsman’s Office, local authorities, NGOs and the media, and 3,000 children aged 1017 years.

32. In line with the Committee’s recommendations concerning the need to develop a national plan of action to improve the situation of children in Kazakhstan, a draft Presidential decree on the State programme “Children of Kazakhstan” (20062011) is currently being prepared, as well as a draft Government decision on the draft Presidential decree. The programme defines the main directions, priorities and tasks of State policy for the protection of the rights and interests of children and the main strategic avenues for preventing social orphanhood.

33. During the reporting period, substantial attention was paid to implementing the Committee’s recommendations in paragraphs 1618 of its concluding observations, concerning the adoption by Kazakhstan of economic measures to improve the situation of children. In order to protect children’s rights, the division of powers between central and regional government is being reviewed as part of a wider effort to improve budgetary coordination. The main task of this exercise is to achieve full implementation of the obligations assumed by the State.

There was a particular focus during the reporting period on mobilizing resources for fuller compliance with the Convention’s provisions. The new funds that have become available as a result of economic growth are being used to provide priority financing for State policies to benefit children in the areas of schooling, education, health care, culture, physical education and sport, social services and social protection of families and children. Since 2003, the proportion of national budget expenditure allocated for these purposes has risen steadily: whereas, in 2003, social expenditure amounted to 11.18 per cent of gross domestic product, in 2006 the figure was 11.84 per cent (as at 1 March 2006).

The proportion of the total national budget earmarked for social expenditure was 41.3 per cent in 2006.

National budget expenditure in the social sphere

Thousands of tenge

National budget expenditure in the social sphere (continued)

Thousands of tenge

2003

2004
(as at
1 January 2005)

2005
(as at
1 January 2006)

2006
(Revised central budget; local
budgets as at
1 April 2006)

Percentage increase from 2003 to 2006

Social security and social assistance

National budget

239 229 805

272 332 989

345 356 311

421 680 900

76.2

Percentage of GDP

5.19

4.64

4.64

4.83

Central budget

202 043 323

232 998 134

314 709 489

388 816 514

92.4

Including specialpurpose transfers

2 958 575

716 283

3 492 989

5 130 166

Central budget as percentage of national budget

84.46

85.56

91.13

92.21

Local budgets

40 145 057

40 038 928

34 139 811

37 994 552

5.4

Total social expenditure

515 532 933

643 047 495

851 028 013

1 033 513 375

100.0

Percentage of GDP

11.18

10.95

11.42

11.84

Central budget

261 012 078

320 616 379

469 471 718

611 549 957

134.3

Local budgets

266 142 535

342 845 612

431 746 187

504 888 832

89.7

Central budget as percentage of national budget

50.63

49.86

55.17

59.17

Total national budget expenditure

1 068 439 246

1 323 820 874

1 946 128 467

2 500 025 166

134.0

Social expenditure as percentage of total national budget expenditure

48.25

48.58

43.73

41.34

Note: Local budget expenditure as at 1 April 2006 (corrected figure); central budget expenditure (revised budget); GDP forecast as per the decision of the National Budget Commission of 10 April 2006; 50.2 million tenge from Government reserves has been earmarked for transfers.

34. In the area of social policy, the Programme of the Government of the Republic of Kazakhstan for 20032006 and the plan of action for the Programme’s implementation have identified modernization of education as one of the key priorities for the country’s development. The aim is to create conditions for the realization by citizens of their right to education that, in terms of its structure and quality, meets the needs of the economy and civil society. Budgetary funding for education in 2006 was 107.5 per cent higher than in 2003.

35. The State programme for the development of education in the Republic of Kazakhstan for 20052010 was adopted with a view to guaranteeing the right of children to receive quality education.

The programme provides for the following measures:

Establishment of a legal and regulatory framework for the transition to a 12grade school system;

Enhancement of basic and specialized syllabus content, and development and expert analysis of experimental curricula, textbooks and teaching methods;

Establishment of a system for external periodic and final evaluation of pupils’ educational attainment;

Amendment of the principles for organizing instruction with a view to transforming the role of pupils from passive “recipients” of knowledge and skills to active participants in the learning process;

Development of pupils as individuals and active subjects, and inculcation of key values;

Updating of syllabuses in graduate and postgraduate education in order to ensure the depth and breadth of subject knowledge and the creativity of the process of acquisition and application;

Introduction of a quality control system, and creation of conditions for accrediting the professional training programmes offered by institutes of higher education;

Enhancement of the mechanism for selecting the student body with a view to choosing the bestprepared young persons;

Improvement of access to higher education through an increase in the number of student grants and the establishment of a new type of student loan;

Construction and rehabilitation of educational establishments, and enhancement of their material and technical resources.

A total of 43.2 billion tenge was earmarked to implement the programme in 2005, and 64.9 billion tenge in 2006.

36. Serious attention is paid in the Republic to increasing awareness of the Convention’s basic provisions among professionals working with children, the general public, and children and their parents, and to publicizing and explaining these provisions. For example, in 2004, to coincide with the tenth anniversary of Kazakhstan’s ratification of the Convention, the Republic’s education agencies evaluated children’s awareness of the Convention’s provisions and informational and educational activities on children’s rights. After analysing the results obtained, it may be concluded that the country’s educational establishments have strengthened their efforts to increase awareness of the Convention, among pupils, and parents and teachers. Altogether in 20042005 more than 170 seminars, approximately 40 round tables and 6,000 debates on issues relating to the protection of the rights and interests of children took place, as well as more than 30,000 charitable initiatives and about 80 art exhibitions, drawing and poster contests and festive concerts.

For parents, lectures and training seminars on parenting were organized, and cultural and recreational events in which children could participate. Educational establishments have erected display stands and created classroom areas devoted to the Convention on the Rights of the Child, and in libraries there are displays on legal education.

37. During the tenth anniversary year of Kazakhstan’s ratification of the Convention, a Republicwide initiative entitled “Special care for children” took place. This initiative was aimed at ensuring the social protection of children and adolescents, defending their rights and protecting their interests, developing healthy lifestyles, and preventing delinquency. Particular attention was paid in conducting and planning all the events to orphans, children deprived of parental care, children with disabilities and children from large or lowincome families. In the context of this initiative, issues relating to the establishment of psychosocial services, school councils and conflictresolution committees were addressed with a view to protecting children from all forms of physical and psychological abuse, neglect and mistreatment. Various international organizations and NGOs, representatives of ethnic cultural centres, patrons, sponsors and others were actively involved in implementing the initiative. All the events held were widely publicized in the media.

38. In order to ensure that every child has adequate political and legal knowledge, the national standards for general education provide for a separate course on “Man, society and the law” and a subject entitled “Man and society”. The topics studied include the Kazakh legal system, the foundations of the different branches of law, and the work of the courts, the Procurator’s Office and other law enforcement agencies. In conjunction with the judicial agencies, annual reviews and contests to find the best law office are held, as well as Republicwide olympiads and tournaments in civic education and legal knowledge for school pupils and students. Within the framework of the World Programme for Human Rights Education, Kazakhstan is developing a national plan of action for the first phase (20052007), which provides for the enhancement of the legal and regulatory framework in the area of human rights, the expansion of cooperation with international organizations and NGOs on issues relating to human rights education, the conduct of various sociological studies and the provision of advanced training for professionals working in this field.

39. In 2005, in cooperation with the Academy for Educational Development, a contractor of the United States Agency for International Development (USAID), an expert analysis was undertaken of human rights textbooks used in generaleducation schools, and a national seminar was organized for schoolteachers and college lecturers teaching the foundations of the State and the law, with the participation of authors of civic education and law textbooks.

40. In order to ensure healthy child development, pursuant to article 6 of the Convention, educational materials have been produced for pupils in the Kazakh and Russian languages with such titles as “Healthy habits”, “Salauatty ădetter”, “Your choice” and “Secrets for a healthy life”.

41. In order to prepare children for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality and friendship among all peoples, in conformity with article 29, paragraph 1 (d), of the Convention, a national seminar was organized in 2004 to exchange experience of activities under the “Serving society” programme. A total of 47 persons

participated in the seminar: specialists in teaching methods from advanced training institutes, school head teachers, assistant education directors and instructors from educational establishments in all regions of the Republic.

42. Pursuant to articles 5, 24 and 27 of the Convention and for the purpose of assisting parents, systematic recommendations have been developed on raising children in families, participation by parents in the community life of schools, prevention of drug abuse, smoking and alcoholism among children and adolescents, and training parents to recognize for themselves the early signs of drug use in children.

43. In order to enhance the system of social partnership between education agencies and parents, establish an effective system for developing cooperative pedagogy, upgrade parents’ skills in the areas of pedagogy and psychology, and provide information and legal and psychological support to pupils, students and their parents, in 2005 a National Voluntary Parents’ Council was established within the Ministry of Education and Science, and 2 national and 10 [regional] children’s advice centres were opened. The membership comprises representatives of parents’ committees, educational establishments, ethnic cultural centres, councils of elders, war and labour veterans, healthcare bodies, internal affairs agencies, children’s civic associations and the media. Altogether, more than 300 persons are active in regional parents’ councils: representatives of parents’ committees (175), the teaching profession (62), the small peoples’ assemblies (15), the media (12), retired teachers (6), councils of elders (6), healthcare bodies (5), internal affairs agencies (6), children’s and civic movements and organizations (11), and the Treasury (3).

44. In order to ensure the legal and socioeconomic conditions for raising, socializing and developing young persons, the programme on youth policy for 20052007 provides for the further expansion of mechanisms to promote their social and professional integration. A total of 123.6 million tenge was allocated from the central budget in 2005 for establishing social services and carrying out socially significant projects for young persons. This led to the creation of nine additional youth social service centres in the Republic’s various regions.

The mechanism of providing social support for young persons and assistance with their development by holding contests for socially significant projects has been further expanded. In 2005, 53.6 million tenge was earmarked for this purpose.

45. In Kazakhstan, cooperation between government bodies and international organizations and NGOs is becoming an ever more important element in carrying out policies to further the interests of children, in line with the Convention and the recommendations contained in paragraphs 2224 of the Committee’s concluding observations. Kazakhstan’s government bodies and organizations cooperate closely with the organizations of the United Nations system and with USAID, the World Bank, the Asian Development Bank, the European Union and other agencies that facilitate the involvement of NGOs in matters relating to the protection of children’s rights. All these organizations are contributing to the introduction of new technologies and interactive teaching methods, the conduct of research for the development of programmes and educational materials for pupils and teachers, and the holding of training seminars, conferences and forums.

46. For example, the programme to counter the AIDS epidemic in the Republic of Kazakhstan for 20012005, approved by Government decision No. 1207 of 14 September 2001, was developed and is being implemented with technical and financial support from the Joint United Nations Programme on HIV/AIDS (UNAIDS).

47. A seminar/meeting on improving general secondary education statistics was held in Qaraghandy on 2 and 3 July 2003 with financial support from the United Nations Educational, Scientific and Cultural Organization (UNESCO).

48. It is intended to pursue the project, within the framework of the Education for All programme, with the goal of introducing a system of statistical accounting in the Republic that corresponds to UNESCO standards.

49. Many programmes have been carried out and meetings and conferences held in cooperation with the United Nations Children’s Fund (UNICEF) and with the participation of representatives of governmental and non-governmental bodies and organizations with a view to meeting international standards in the area of quality of life and creating a healthy environment for children.

50. In every institute of secondary vocational education, committees on youth affairs are cooperating with various NGOs and employers to achieve widespread use of effective forms of labour organization and mutual assistance.

51. In order to ensure the necessary conditions for children’s lives, education and upbringing, such projects and programmes as “Children requiring special protection measures”, “Evaluating the status of preschool education in Kazakhstan at the turn of the century”, “Identifying the services responsible for developing early-childhood programmes”, “Life skills and HIV/AIDS” and “Developing alternative ways of raising children left without parental care” are being implemented jointly with NGOs.

52. Since 2001, the National Scientific and Practical Centre for Special Education has been working on a project entitled “Early intervention for educational inclusion of children with developmental problems”. Building on the project, a model centre for inclusive education has been established, and a legal and regulatory framework is being developed for conducting early screening of children.

53. The “Child enrichment” project is aimed at improving the teaching environment for children requiring special protection measures, preventing drug use in schools and developing school self-government by means of school councils.

54. Under the “Improving the teaching environment” project, a project entitled “Holistic education - life skills” is being developed. An analysis of national projects at various stages showed that pupils had made significant progress in terms of their emotional development and intellectual growth and that positive results had been achieved with respect to their attitude towards school, teachers and the subjects taught.

55. Within the framework of the programme “Children requiring special protection measures”, an experiment has been approved, to be conducted jointly with an NGO, the Women’s Creative Initiative League, and involving the identification of Kazakh families wishing to foster children from care homes in the city of Almaty. In 2005 in two pilot regions (South Kazakhstan province, and the city of Astana), centres were established to provide support to families and develop rehabilitative programmes for families in crisis.

56. The “Youth well-being” programme has strengthened capacities and encouraged new approaches, policies and strategies with respect to raising awareness among youth of healthy lifestyles, the dangers of sexually transmitted infections (STIs), HIV/AIDS, intravenous drug use and substance abuse, as well as increasing participation by young persons in civil society and in the implementation, monitoring and evaluation of programmes in their sphere of interests. Under the programme, five youth education centres have been opened in the cities of Almaty, Astana, Qyzylorda, Semipalatinsk and Tekeli to teach healthy lifestyles. The main activities of these centres include providing instruction on and raising awareness of healthy lifestyles through the peer-education method, organizing interactive training and seminars, consulting with children, adolescents and parents, and developing informational materials on protecting health and preventing disease and on behavioural risks among adolescents and young persons.

57. During the reporting period, a number of joint initiatives were carried out with the assistance and active participation of UNICEF and the United Nations Development Programme (UNDP), including the “Integrated approach to the social sphere in Kazakhstan” project (2003) and the “Poverty reduction in Kazakhstan” project (2004); seminars on “Poverty and social standards in Kazakhstan: approaches to improving the methodology for determining the subsistence minimum”; the presentation of the programme for further expansion of social reforms in the Republic of Kazakhstan for 2005-2007 (2004); and seminars entitled “Current issues in improving the social security system in Kazakhstan” and “Further expansion of social reforms: improving the system of minimum social standards and the system of mother and child support” (2005).

58. The Government of Kazakhstan and UNICEF have signed a new country programme for the period from 1 January 2005 to 31 December 2009, consisting of the following components:

1. Family and community empowerment;

2. Improved social protection systems;

3. Social policy development and participatory governance.

This programme covers the development, education, protection and participation of children aged 0-18 years.

59. During this period, UNICEF regular resources totalling approximately US$ 4.9 million will be spent to realize the cooperation programme, and it is planned to attract up to US$ 2.2 million in other resources.

III. DEFINITION OF THE CHILD
(art. 1)

60. The provisions concerning the definition of the child, in line with article 1 of the Convention, are set out in paragraphs 64 and 65 of the initial report on the implementation of the Convention, considered in 2003.

61. During the reporting period, there has been progress with respect to the labour, employment and social protection of minors.

62. Pursuant to article 15, paragraph 2, of the Labour Safety and Labour Protection Act, a list has been approved - by order No. 45-p of the Ministry of Labour and Social Protection of 15 February 2005 - of workplaces and trades involving heavy physical labour and harmful (extremely harmful) or hazardous (extremely hazardous) working conditions in which the employment of persons under age 18 is prohibited.

63. A ban has been introduced on the sale of tobacco products to persons under age 18 (article 8 of the Act on Preventing and Curbing Smoking).

IV. GENERAL PRINCIPLES

Non-discrimination
(art. 2)

64. Kazakhstan is taking measures to implement articles 2, 3, 6 and 12 of the Convention and the recommendations contained in paragraph 26 of the Committee’s concluding observations, concerning the best interests of the child, the right to life and development of the child and the principle of non-discrimination.

65. There are no norms in Kazakhstan’s legislation that discriminate in the exercise of human and civil rights and freedoms on grounds of sex, race, nationality, language, origin, property status, place of residence, religion, beliefs, membership of civic associations or on other grounds.

66. A Strategy for Gender Equality in the Republic of Kazakhstan for 2006-2016, aimed at ensuring equal rights and opportunities for all members of society, irrespective of sex, was approved by Presidential decree No. 1677 of 29 November 2005.

67. According to official statistics, virtually all girls are enrolled in primary education. Moreover, Kazakhstan is one of the countries that have achieved gender parity in general secondary education.

68. The female-to-male ratio is as follows:

69. In line with the Strategy for Gender Equality, it is planned to teach non-violent behaviour to children and young persons, and appropriate programmes will be introduced in the education system for that purpose.

70. With the support of UNICEF, the Scientific and Practical Centre of the SocioPsychological Service has implemented a project entitled “Teaching non-violent behaviour to young and older children” and has developed a curriculum, plan and set of teaching methods for pupils in grades 5-10.

71. Article 12, paragraph 4, of the Constitution states that foreigners and stateless persons in Kazakhstan enjoy the rights and freedoms and bear the responsibilities established for citizens, unless the Constitution, laws or international treaties of Kazakhstan stipulate otherwise. In accordance with article 1 of the Education Act, citizens of Kazakhstan, foreigners and stateless persons have the right to choose their educational establishment and form of instruction, subject to enrolment conditions.

72. However, it must be acknowledged that there are certain impediments to the receipt by foreigners of quality education: lack of knowledge of the Kazakh and Russian languages, and the refusal by some parents to allow girls to study in the higher grades or alongside boys. In order to address these issues, language classes are being started in all regions of the Republic, and specially adapted teaching materials are being developed for immigrant children.

In addition, in conformity with article 14, paragraph 6, of the Education Act, instruction is available in the following forms: through correspondence classes, evening classes, distance learning and extramural programmes.

73. In order to guarantee the constitutional right to education of ethnic Kazakh repatriates (oralman), in the 2005/06 academic year instruction was organized in the Republic’s general-education schools for 44,548 repatriate children, including 15,053 in the elementary grades, 22,910 in the foundation grades and 6,553 in the higher grades, as well as 32 children with disabilities.

In the Republic’s general secondary educational establishments, extra classes and tutorials are organized and special transitional programmes provided for repatriate pupils who have immigrated from the former Soviet republics and beyond (Uzbekistan, Turkmenistan, Tajikistan, Kyrgyzstan, the Russian Federation, Ukraine, Georgia, the Islamic Republic of Iran, China, Mongolia, Turkey, Pakistan, Saudi Arabia, Afghanistan) in order to fill the gaps in their knowledge and ensure that they have the necessary skills to follow educational programmes. All the children receive free textbooks and food.

74. In accordance with chapter 6, paragraph 1, of the Policy Framework on the Repatriation of Ethnic Kazakhs to Their Historical Homeland, approved by Government decision No. 900 of 16 September 1998, all young men and women of Kazakh ethnicity who are citizens of other States have the same right as Kazakh citizens to enter an institute of secondary or higher vocational education, to embark on graduate or postgraduate studies and to undertake traineeships. There are admission quotas for such persons, which are set by the Government of Kazakhstan.

75. The Republic’s educational establishments are implementing one of the fundamental provisions of the State programme for the functioning and development of languages for 20012010: the right of ethnic groups to study in their native language.

76. Of the 2,980,100 pupils in the Republic’s schools in the 2003/04 academic year, 20,300 were studying in Uigur (0.7 per cent), 86,400 in Uzbek (2.9 per cent), 2,900 in Tajik (0.09 per cent) and 165 in Ukrainian.

In the 2005/06 academic year, of the 2,778,077 pupils, 1,594,019 were studying in Kazakh, 107,971 in Russian, 17,525 in Uigur, 82,974 in Uzbek, 3,225 in Tajik, 178 in Ukrainian and 485 in German.

77. In the 2003/04 academic year, 17,533 pupils in 129 general-education schools in the Republic were studying 12 native languages as subjects in their own right: 400 were studying German, 1,895 Polish, 165 Ukrainian, 463 Korean, 6,673 Dungan, 357 Tatar, 6,012 Turkish, 145 Chechen, 212 Azerbaijani, 815 Kurdish, 336 Uigur and 60 Greek.

78. In the 2005/06 academic year, 17,150 pupils in 119 general-education schools in the Republic were studying 16 native languages as subjects in their own right: 277 were studying German, 1,830 Polish, 444 Korean, 7,154 Dungan, 503 Tatar, 4,936 Turkish, 430 Azerbaijani, 962 Kurdish, 257 Uigur, 199 Chechen, 60 Greek, 25 Armenian, 40 Hebrew, 10 Belarusian, 15 Tajik and 8 Ukrainian.

79. In addition, 2,597 pupils are studying their native language in optional classes or study groups at 59 Sunday schools: 644 are studying German, 322 Korean, 173 Hebrew, 244 Tatar, 327 Polish, 169 Ukrainian, 92 Armenian, 45 Greek, 99 Azerbaijani, 85 Chechen, 63 Belarusian, 46 Cossack dialect, 28 Chuvash, 25 Bulgarian, 120 Kazakh, 53 Russian, 20 Persian (Iranian), 15 Dagestani, 14 Tajik and 13 Czech.

80. Kazakhstan is taking measures to prevent discrimination against children with special needs.

81. Innovative processes for the integration of such children with their non-disabled peers are being more widely applied in special education. Studies are being developed of new approaches to creating optimum conditions for the prevention and successful treatment of developmental defects in children and for the education, schooling, social adaptation and integration in society of children with special needs.

82. This experimental pedagogical research, which is being conducted by the Scientific and Practical Institute for Special Education, demonstrates that 25 per cent of children with profound hearing defects - categorized, on the basis of their primary defect, as deaf or severely hearing impaired - who undergo early comprehensive rehabilitation can enter and study successfully in mainstream schools and live and be raised among hearing persons. The level of general and speech development in such children is equivalent or close to the norm for their age group.

83. Measures are being taken in the Republic to expand the functions of special rehabilitative educational establishments and transform them into centres providing qualified specialist assistance to children who require it.

84. Computers and information technology have become effective tools for rehabilitating and socializing children with special needs and preparing them for life in modern society.

With this in mind, a range of tasks is being addressed at both the theoretical and practical levels. These tasks fall into four areas: research, diagnostics, psychology and pedagogy, and technology. The country’s special education experts are actively studying problems relating to the application of new information technologies in providing general and vocational education to special needs children.

85. Job placement for such children remains an acute problem in Kazakhstan. The restricted range of jobs available to pupils leaving special education institutes and their lack of professional training mean that they are not competitive on the labour market, and State- and private-sector companies do not always see the benefits of recruiting persons whose capacity for work is restricted.

86. Given this situation, serious efforts are now being made to review initial vocational education as part of a range of measures to promote employment.

87. Notwithstanding the steps taken, the problem of discrimination against children with special needs has yet to be fully resolved in Kazakhstan.

88. Accordingly, the priorities for the development of education for special needs children are as follows:

Organization of teaching for children formerly considered unteachable;

Creation of a system of dynamic psychological, pedagogical, medical and social support for children in this category;

Development of measures for providing State support for integrated education of persons with special needs and expanding inclusive education;

Elaboration and implementation of social programmes aimed at educating and socializing children with special needs and preparing them to lead an independent life in society.

89. In order to address these problems, the State programme for the development of education in the Republic of Kazakhstan for 2005-2010 provides for:

Construction in 2006, with funding from the central budget, of two special residential schools for vision-impaired children with 250 places each in the cities of Almaty and Qaraghandy;

Opening of 380 rehabilitation and inclusive education offices to bring children with special needs into the preschool education system;

Enhancement of the quality of special education personnel through the provision of training and refresher training.

Best interests of the child
(art. 3)

90. The principle of the best interests of the child and the need to afford those interests primary consideration when taking measures that affect children is enshrined in Kazakhstan’s codified and other laws (the Children’s Rights Act, the Marriage and the Family Act, the Education Act, the Labour Act, the Citizens’ Health Protection Act, the Health-Care System Act, the Act on Social, Medical and Educational Support for Children with Special Needs), which state that policies to benefit children are a priority area of action for government bodies.

91. The principle of the best interests of the child is the first consideration when handling divorce cases, making arrangements for children deprived of parental care, allocating budgetary funding or placing children in the various care institutions.

92. In order to safeguard the best interests of the child in the area of health care, the system of free medical treatment for children and free paediatric services has been maintained and improved. The Ministry of Health, by order No. 637 of 23 December 2005, approved a list that enables patients presenting with certain types of diseases or belonging to certain categories of the population to be supplied free of charge with drugs and special paediatric and therapeutic foodstuffs prescribed when they receive outpatient treatment.

93. The strategy adopted for improving mother and child health services involves increasing access to primary health care, consistently enhancing supplies and equipment at outpatient clinics and inpatient hospitals and ensuring that facilities have a full complement of qualified staff. In addition, measures are being taken to shift the emphasis from inpatient to outpatient care.

94. Article 11 of Act No. 565 on Human Reproductive Rights and Guarantees for Their Realization, of 16 June 2004, provides for the right of minors to protection of their reproductive health and to receive moral and sex education.

95. The basic principles of the protection of the rights and interests of the child are outlined in paragraphs 98 to 121 of the initial report on the implementation of the Convention, considered in 2003.

The right to life, survival and development
(art. 6)

96. The fundamental principles of the child’s right to life, survival and development are reflected in paragraphs 122-128 of the initial report on the implementation of the Convention, considered in 2003.

97. A system of guarantee has been established in Kazakhstan to safeguard the child’s right to life and ensure to the maximum extent possible his or her survival and development. Special measures have been adopted to safeguard the lives and development of children living in environmentally damaged regions.

98. With a view to improving the health system, a State programme for the reform and development of health care in the Republic of Kazakhstan has been elaborated for the period 2005-2010 and approved by Presidential decree No. 1438 of 13 September 2004.

99. In accordance with the aforementioned programme, the list of guaranteed free medical care is subject to review every two years and can only be expanded. In this connection, the list has been expanded, in comparison with previous years, to include annual preventive check-ups, with subsequent follow-up and treatment, for women of reproductive age and children under age 18. Plans have been made to extend coverage to the remaining categories of the population.

100. Furthermore, since 2004, medicine has been provided free of charge for children up to 1 year of age who are undergoing treatment as outpatients. Since 2005, free medicine has also been provided for children up to 5 years of age undergoing outpatient treatment for the diseases most common in this age category. Since 2006, the list of guaranteed medical care has included provision of medicine for children who are registered with a clinic for outpatient treatment (for the most common diseases). The list of diseases and medicines was drawn up within the framework of the Strategy on Integrated Management of Childhood Illness recommended by the World Health Organization (WHO).

101. In view of the high incidence of disease among women of reproductive age, which is linked to iron and iodine deficiency, all pregnant women have been receiving free iron and iodine supplements since 2005. This measure will make it possible to cut the incidence of anaemia among pregnant women, which will eventually help to reduce the maternal and infant mortality rates.

102. The implementation of Presidential decree No. 1438 of 13 September 2004 on the State programme for the reform and development of health care in the Republic of Kazakhstan for 2005-2010 is vital if positive results are to be achieved in providing medical assistance to children. This decree sets out the types and amounts of medical care offered to children (emergency care, treatment for diseases that pose a threat to public health, costly treatments).

Respect for the views of the child
(art. 12)

103. The principle of respect for the views of the child is reflected in the Constitution, the Children’s Rights Act, the Education Act, the Marriage and the Family Act, as well as in a series of other laws. Among the fundamental human rights and freedoms that individuals enjoy from birth, freedom of thought and expression is guaranteed to all.

104. In accordance with the Marriage and the Family Act, a child is entitled to express his or her views in any family decisions that affect his or her interests and to be heard in judicial proceedings. The views of a child who has reached the age of 10 must be taken into consideration, except when this runs counter to his or her own interests.

105. In accordance with the Children’s Rights Act, every child has the right to express his or her opinion, the right to freedom of conscience and the right to participate in public life.

106. Under the Education Act, children have the right to participate in the management of educational establishments.

107. A programme for the development of pupil autonomy for 2002-2006, aimed at involving schoolchildren in educational and extra-curricular activities, has been elaborated in the Republic with the assistance of international organizations and NGOs (Association of Young Leaders, UNICEF).

108. The development of pupil autonomy and children’s participation in school councils enable children to exert their influence and take part in resolving issues of concern to them.

109. Within the framework of the programme, 850 schoolchildren from 17 schools located in four cities in Kazakhstan - Almaty, Semipalatinsk, Qostanay and Taraz - were surveyed. The survey showed that problems linked to education, school recreational activities, realization of their right to express their opinions, participation in decision-making and relations with adults and peers remained the most important problems for children.

110. In April and May 2003, 1,000 schoolchildren, teachers and parents were asked to fill out a questionnaire on their attitude towards the issue of pupil autonomy in the cities of Temirtau, Semipalatinsk, Shymkent, Stepnogorsk, Talgar, Almaty, Uralsk and Aqtobe.

111. In 2005, 15 pilot schools participated in the programme for the development of pupil autonomy.

112. Within the framework of this project, 3,000 booklets were developed and published, transmission began of a special television programme “Pedsovet” on the “Khabar” channel, and a video film was made.

113. The right of children to participate in cultural, artistic and public life and to take decisions of vital importance for young citizens is recognized in the country.

114. Children’s views, needs and interests are taken into consideration when introducing new academic disciplines and organizing extra-curricular and public activities for children. Children can express their views on children’s and young people’s television programmes, as well as through their own civic associations.

115. In February 2005, 300 young journalists from Kazakhstan took part in the Third Youth Information Forum, entitled “The Eurasian Circle”, one of the events for cub reporters conducted at the Baldauren National Education and Rehabilitation Centre. The Forum was designed to promote the professional development of young journalists and create a platform for professional exchanges. Over 400 pieces of work were submitted for the writing contest from all regions of Kazakhstan, the Russian Federation, Kyrgyzstan, Belarus, China, Viet Nam, Indonesia and Morocco. Young journalists as well as famous magazine editors and television producers, not only from Kazakhstan but also from Kyrgyzstan, Belarus, Ukraine, Estonia, Uzbekistan and Turkmenistan, took part in the Forum.

The Forum helped to significantly broaden the children’s horizons, enabling them to publish new and interesting school newspapers.

116. Since April 2004, children’s advice centres have been working in the Republic to provide timely assistance to children in resolving their problems, as well as collecting and analysing information on the situation with regard to the protection of children’s rights and children’s awareness of their rights and distributing materials about the rights of the child. In 2005 alone, the national children’s advice centre in the city of Astana received over a thousand phone calls from children and adults on issues related to the protection of children’s rights.

117. Professional training for staff working with children (teachers, internal affairs officials, social and health workers) includes the study of the Convention, as well as of domestic legislation containing provisions on the rights of children. International organizations and NGOs provide significant assistance in this regard.

118. The main principles with respect to this article are set out in paragraphs 129-133 and 142146 of the initial report on the implementation of the Convention, considered in 2003.

V. CIVIL RIGHTS AND FREEDOMS

119. With the attainment of independence by Kazakhstan, new priorities were set in the life of the country, inter alia, ensuring respect for civil rights and freedoms. Kazakhstan has now acceded to the main international human rights instruments, thereby confirming its intention to build a law-based, democratic and secular State that guarantees the inviolability of fundamental human rights and freedoms.

120. Human rights and freedoms are recognized and guaranteed under the Constitution of the Republic of Kazakhstan. The constitutional provisions regarding children’s civil rights and freedoms have been expanded on in the corresponding legislation.

121. The civil rights of minors are protected by the courts, inter alia, through recognition of those rights; restoration of the situation that prevailed before a right was violated; and curtailment of actions that infringe or risk infringing a right.

Name, nationality and citizenship
(art. 7)

122. Issues relating to Kazakh nationality are regulated under the Constitution, the Nationality Act and other legislative acts.

123. An identity card or passport of a citizen of the Republic of Kazakhstan may be used to confirm citizenship of the Republic. For children under 16, the child’s birth certificate or the passport of either parent may serve as proof of citizenship.

124. A child who is present in the territory of Kazakhstan and whose parents are both unknown is a citizen of the Republic of Kazakhstan.

125. A child one of whose parents is a citizen of the Republic of Kazakhstan when the child is born and the other of whom is a stateless person or one whose nationality is unknown is a citizen of the Republic, regardless of the place of birth.

126. The procedure for registering a child’s birth and establishing his or her first name, patronymic and family name, which also applies with regard to adopted children and children of foreign citizens or stateless persons, is regulated by the Marriage and the Family Act.

127. The child’s right to a name, nationality and citizenship is also reflected in the Children’s Rights Act and in paragraphs 135-140 of the initial report on the implementation of the Convention, considered in 2003.

B. Preservation of identity
(art. 8)

128. The right of the child to preserve his or her identity, including nationality, name and family relations, is provided for in the Criminal Code and the Code of Administrative Offences, and also in the Marriage and the Family Act, the Nationality Act and the Children’s Rights Act. The right of the child to preserve his or her identity is dealt with in detail in paragraphs 214-229 of the initial report of Kazakhstan, considered in 2003.

C. Freedom of expression
(art. 13)

129. Under article 13 of the Convention, which is implemented through the Children’s Rights Act, every child has the right to freedom of speech and expression.

130. Children express their opinions by participating actively in conferences, quizzes, legal seminars, business role-playing games, clubs, round tables and forums.

131. The innovative programme “Debates”, organized as part of the social partnership with NGOs, has introduced a new form of freedom of expression for children. Since 2003, some 13,000 children from 16 regions in Kazakhstan have participated in the programme. Holding debates on various topics helps children to research and analyse information on a given subject and to develop critical thinking and the skills required for independent study. The media play an active role in organizing the debates.

132. The right of the child to freedom of expression is dealt with in paragraphs 129-132 and 142 of the initial report of Kazakhstan, considered in 2003, and also in the section of the present report entitled “Respect for the views of the child”.

Freedom of thought, conscience and religion
(art. 14)

133. In Kazakhstan, the practice of religion is regulated by several legislative acts: the Constitution, the Civil Code, the Freedom of Religion and Religious Organizations Act, and other laws and regulations.

134. The necessary legal and organizational conditions have been created so as to ensure the peaceful coexistence of different religious faiths, and a single State policy has been developed for harmonious interfaith relations.

135. Kazakhstan, which considers itself a democratic, secular, social State governed by the rule of law, continuously monitors the observance of the right to freedom of religion. The first congress of leaders of world and traditional religions, held in Astana in 2003, is a clear example of Government efforts to foster dialogue between different cultures and civilizations and to guarantee the protection of the right to freedom of religion, in accordance with universally recognized international standards.

136. The Constitution guarantees everyone freedom of conscience.

137. Impeding the exercise of the right to freedom of conscience and religion is punishable under article 149 of the Criminal Code.

138. Pursuant to Presidential decree No. 332 of 10 February 2000 on the prevention and suppression of manifestations of terrorism and extremism and order No. 5 of the Ministry of Education and Science of 6 January 2003 on the introduction of a course entitled “Foundations of religious studies”, an optional course of the same name was introduced for grades 10 and 11 in general-education schools.

139. The main purpose of teaching the subject is to familiarize senior pupils with religion as a social phenomenon and to provide them with a basic knowledge of Islam, Christianity and Buddhism.

140. In the senior grades of general-education schools, pupils are provided with detailed information on the religions of the world when studying the compulsory subjects “World history” and “Man and society”.

141. In line with the current national standards for initial and secondary vocational education, history of religion is studied under different topics within general education and socio-economics.

142. The right of every Kazakh citizen to freedom of conscience and religion is covered in paragraphs 143-146 of the initial report of Kazakhstan, considered in 2003.

Freedom of association
(art. 15)

143. Citizens of Kazakhstan are guaranteed the possibility of exercising their right to freedom of association and to establish, operate, reorganize or dissolve voluntary associations.

144. Every child in Kazakhstan has the right to participate freely in voluntary associations and other types of non-profit organizations and in peaceful assemblies allowed under Kazakh law.

145. The State agencies promote the activities of these voluntary associations, whose purpose is to develop the child’s personality, creative talents and involvement in society.

146. The views of children are discussed during meetings of children’s and young people’s associations, at gatherings of activists from children’s organizations and in conferences and round tables of leaders of the children’s movement and are subsequently collated in a single document.

147. In August 2004, an international summit entitled “Children of the twenty-first century: dialogue about the times and about ourselves” was organized with the support of the akim of Aqmola province and the participation of 345 children from all regions of Kazakhstan, as well as from the Russian Federation and Kyrgyzstan. The summit laid special emphasis on promoting social initiatives for children.

148. With a view to supporting modern voluntary associations for children and young people in their role as social institutions, on 7 July 2004, the State Youth Policy Act was signed.

149. There are now more than 200 associations and organizations for children and young people in Kazakhstan. For instance, in the city of Astana, senior grade pupils set up the voluntary association Astana Youth Parliament. The establishment of such voluntary associations as We the Children of Eurasia in Pavlodar and For the Future of Kazakhstan in Aqtau is helping to promote civic participation by children and young people.

150. In October 2005, an international seminar entitled “Socially-oriented youth policy in Kazakhstan” was held in Zhambyl province, with the participation of journalists from the Jugendpressclub from Germany. During the seminar, meetings were held with the
leaders of voluntary associations for children and young people and of youth committees in institutes of higher education and colleges and with youth representatives from ethnic cultural centres.

151. The provisions of article 15 of the Convention relating to freedom of association are dealt with in paragraphs 147-150 of the initial report of Kazakhstan, considered in 2003.

Protection of privacy
(art. 16)

152. In accordance with the Constitution, the Children’s Rights Act and other legislative acts, everyone has the right to the inviolability of his or her private life.

153. The efforts of governmental and non-governmental organizations and the voluntary sector to afford prompt assistance to children in difficult circumstances have been stepped up in order to protect the rights of the child in Kazakhstan. Spot checks are conducted regularly to identify homeless and neglected children; every year approximately 10,000 such children are found. The State agencies endeavour to decide promptly as to their future: return to their families or placement in a residential institution.

154. The rights of children, including orphans, to retain a home are governed by domestic legislation.

155. For example, under the Marriage and the Family Act, children have the right to dispose of property that belongs to them. This right is upheld in articles 22 and 23 of the Civil Code (General Part).

156. The same Act defines the right of children to own and occupy housing.

According to article 114 of the Act, no one is entitled without the prior authorization of the local authorities (tutorship or guardianship agencies) to conduct transactions that involve the alienation, exchange or donation of the property of a ward resulting in the forfeiture of the ward’s lawful inheritance rights, or any other transactions entailing the reduction of the ward’s property.

157. The local authorities monitor compliance with the relevant domestic legislation and take steps to suppress cases of unlawful alienation of property. Such cases have arisen in Almaty, South Kazakhstan, Zhambyl, Qostanay, Aqtobe and other regions.

Between 2003 and 2005, 112 claims were brought for the return of housing.

158. Housing law provides that children placed in care in State institutions or with foster parents should retain their living space but is not always observed. Of the more than 13,000 children placed in children’s homes or residential schools for orphans and children deprived of parental care, at present, only 3,000 have guaranteed housing.

159. In order to resolve the problem, 23 young people’s homes have been opened to accommodate orphans and children deprived of parental care on completion of their education; some 1,000 young people aged between 17 and 23 currently live in such homes. During the reporting period, 129 apartments were allocated to children in this category, 32 apartments were returned as a result of court cases, and 517 children returned to their guaranteed housing.

160. The principles enshrined in article 16 of the Convention relating to the protection of privacy are dealt with in paragraphs 151-152 of the initial report of Kazakhstan, considered in 2003.

Access to appropriate information
(art. 17)

161. Considerable efforts are being made to increase the use of computers in schools and install Internet connections and telephone services. At present, there is on average one computer per 32 pupils in Kazakhstan as a whole, one per 29 pupils in rural areas, and one per 23 pupils in initial and secondary vocational education institutions.

162. According to the goals outlined by the President in his annual message to the nation, by 2008 it is planned to achieve a ratio of one computer per 20 pupils.

163. Approximately 87 per cent of schools are able to make use of the Internet in the classroom, 84 per cent in rural areas. Some 90.8 per cent of schools have telephone services, 88.6 per cent in rural areas.

164. Guidelines for the development and introduction of new technologies and computer programs in Kazakh, Russian and other native languages of Kazakhstan are being established and refined, taking into account the provisions of the State programme for the development of

education in the Republic of Kazakhstan for 2005-2010 relating to the early study of the rudiments of information technology and the use of computers in general-education schools and preschools.

165. At present, 25 per cent of school subjects are taught using computer programs. Work on the development of electronic textbooks and multimedia education programmes continues.

Under the special programme for the preparation and publication of textbooks and student aids for general-education schools in Kazakhstan, national textbooks have been produced and are gradually being introduced in schools. In the 2005/06 academic year, new textbooks were introduced for pupils in grade 9, and grade 5 textbooks were reissued.

166. Pursuant to Government decision No. 173 of 19 February 2003 approving the Rules for the provision of textbooks to school pupils and children in residential schools, textbooks are provided free of charge for children in residential schools, orphans and children from lowincome or large families.

167. In order to improve the quality of textbooks and to promote competition, in 2004 the Education Act was amended, making it possible for educational establishments (schoolteachers) to choose teaching materials and to introduce alternative textbooks in the classroom.

168. The national scientific and practical centre “Uchebnik” (textbook) was established pursuant to Government decision No. 405 of 29 April 2005 to conduct expert assessments and quality control of teaching materials.

169. In 2005, for the first time funds, were allocated in the central budget to pay the salaries of the experts assessing textbooks and student aids.

170. With the aim of refining the laws and regulations governing the preparation of teaching materials, recommendations on the preparation of teaching materials for educational establishments in Kazakhstan (order No. 284 of the Ministry of Education and Science of 6 May 2005) and Rules on the establishment of a database of experts on teaching materials (order No. 409 of the Ministry of Education and Science of 15 June 2005) were drafted and approved.

171. In order to improve the quality of textbooks and student aids, in 2005, the following events were held: a national seminar entitled “Ways of improving the quality of the new generation of textbooks and enabling educational establishments to choose teaching materials”; an international seminar entitled “Cooperation in publishing textbooks (Kazakhstan, Russian Federation, Kyrgyzstan): preparation, expert assessment and publication of teaching materials for all levels of education”; an international seminar entitled “Publication of textbooks in the Russian Federation and Kazakhstan: joint development of textbooks and student aids for mathematics and expert quality assessment thereof”. At these events, authors of textbooks, teaching staff and publishers discussed problems relating to the publication of textbooks.

172. In Kazakhstan, steps are being taken to provide children with printed information, including children’s books. With a view to enhancing the quality of education in schoolpreparation institutions and ensuring that preschool-age children have access to children’s books, in 2003, 19 new student aids based on 82 publications were devised and introduced in school-preparation classes and groups.

173. In December 2005, the Ministry of Education and Science launched a national action campaign entitled “A country for preschool childhood”. The following publishers played an active role in the campaign, donating children’s books worth more than 1.5 million tenge to preschools: Shikulla, Almatykītap, Аruna, Arman-PV, and Аtamura.

174. Access to appropriate information for children is one of the main aims of State policy which is being implemented through the mass media.

175. Under a State order on the implementation of the State information policy, the following news and analysis, specialized educational and legal programmes for young people and children are being broadcast on the channels “Khabar”, “El arna”, “Kazakhstan”, “Channel 31”, “Radio NS”, “ТАN”, “Аrai-plus”, “Astana city television”, “Forecast”, “Rakhat TV”, “Alva ТV”, “KТK 7” and on Kazakh radio: “Zang Ghana”, “Tertium non datur”, “Аzamat”, “Тоp kid”, “Leader of the twenty-first century”, “XXI Ghasyr koshbasshysy”, “Tales of Uncle Bayu”, “At Tofik’s house”, “Traffic territory”, “Еkīnshī synyp”, “Аltyn qaqpa”, “Code”, “Altyn saqa”, “Altyn aĭdar”, “ Zheltoksan,177: ặdīlet arnasy”, “Zheltoksan, 177: Terra legis”, “Children’s playground”, “Siqyrly aĭna”, Ghаzhаĭyp ghаlаmshаr”, “Education: problems and prospects”, “Кеshkī еrtеgī”, “Interlocutor”, “Оian qаzаq”, “Kerek kăsīp”, “Аtаzhūrt”, “Children’s planet”, “Balausa”, “Parity”, “Betpe-bеt”, “Parasat”, “Bes asyl”, “Onеrpaz bolsang”, “Tаghdyrlar”, “Qаzаqstаn zhastary”, “On the edge”, “Zhastar”, “Doda”, “Оtbasy”, “Еltanym”, “Аdam zhặne Zang”, Аnа tīlī”, “Таghylym”, “Bаlghyn”, “Qоghаmdyq qabyldаu”, “The intellectual olympics”, “Sons and daughters”, etc.

176. The following regional publications do considerable work on children’s themes: Leader, Ănshī balapan, Friendly guys, Ūlаn, Teenager, Eralash, Hippopotamus, Аq zhelken, Baldyrghan, Кogеrshīn, Children’s world, Balapan, Verblyuzhonok - Botaqanym, The family and the kindergarten, Tales of the old chest, Tsvetik-semitsvetik, Aĭgolek, Children’s planet, Bаlbūlaq, Мoldīr būlaq, Bаlghyn, Меktеp ălemī, Litseist, Green apple, School news, Together, Balböbek, Children’s park, Bаlzhūmbaq, Bоlаzhоn, Qоshаqаn, Zhеtkīnshek, Zhаmbyl оrеndеrī.

177. The rights of the child to access to appropriate information are dealt with in paragraphs 153-158 of the initial report of Kazakhstan, considered in 2003.

Right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment
(art. 37 (a))

178. The provisions of this article of the Convention are reflected in Kazakh law on criminal procedure. For example, under criminal law, minors are protected against torture and other forms of unlawful conduct during investigations. This applies, without exception, to all minors involved in the investigative process, including suspects, minors charged with an offence, victims and witnesses.

179. Under the Code of Criminal Procedure, specific provision is made for children involved in judicial proceedings so as to protect them against torture and other inappropriate treatment. Additional guarantees for the protection of children are the requirement that a defence lawyer, legal representative or teacher should be present when investigative actions are carried out; the obligation to conduct a pretrial investigation; the separation of children from adults in detention facilities; and the prompt notification of parents when children are detained.

180. In 2004, the Commission on Human Rights in the office of the President of the Republic prepared a report entitled “Observing human and civil rights in the Republic of Kazakhstan”. One section of the report analyses the observance of human and civil rights during pretrial investigations and initial inquiries and lays down specific recommendations on improving coordination among law enforcement agencies so as to ensure that reports and complaints made by citizens concerning offences are properly recorded and that the decisions taken in respect thereof are lawful.

181. In 2005, the Sandzh Research Centre Foundation, in cooperation with the National Human Rights Centre, the Ministry of Internal Affairs and the Ministry of Justice conducted an analysis of indicators relating to the juvenile justice system in Kazakhstan, which showed that there had been cases of intimidation, assault and battery, and underfeeding of children during arrest, detention and interrogation.

182. As a result, national laws and regulations governing the procedures and conditions for holding in custody minors suspected or accused of committing offences were reviewed in order to make them more humane. In accordance with Government decision No. 889 of 8 September 2003, standards for food have been raised, and judicial and procuratorial supervision of investigations and initial inquiries has been stepped up. Since 2004, 185 officials of the internal affairs agencies have been prosecuted for excess or abuse of authority with respect to minors.

183. Under the Criminal Code, persons who are guilty of non-fulfilment or improper fulfilment of their obligations regarding the upbringing of minors are liable to prosecution. In the last three years, criminal proceedings have been brought against 298 parents under the relevant article of the Code.

184. With a view to protecting the rights and lawful interests of minors, in accordance with the Procurator’s Office Act, in March 2005, the Office of the Procurator-General issued an order on the organization of procuratorial supervision of compliance with legislation relating to minors. Under the order, the task of coordinating the activities of the units of the Office of the Procurator-General in monitoring compliance is entrusted to a special team. At the regional level, the task of monitoring compliance with legislation relating to minors is entrusted to the senior assistant procurator.

185. Between 2003 and 2005, with a view to ensuring an effective education and training system for staff of temporary holding facilities and prisons, 23 seminars and 10 short refresher courses were held, and brochures and booklets were drafted and published outlining the basic provisions of domestic legislation and international treaties recognized by Kazakhstan and laying down the standards of treatment for detainees and prisoners.

186. In order to provide practical assistance to staff of departments, services and agencies working with children in correctional institutions, there are libraries with educational literature on human rights.

187. In 2003, the I. Altynsarin Kazakh Academy of Education and an NGO, the Scientific and Practical Centre of the Socio-Psychological Service, conducted research into non-violent behaviour of children and their attitude towards violence. Children aged between 12 and 18 years from eight regions in Kazakhstan, parents, teachers and inspectors for the affairs of minors took part in the research. As the results of the research showed, unlawful acts (insults, blackmail and beatings) are committed by both peers and adults. The main reasons for such a situation are a lack of care and understanding on the part of adults, an unhealthy family environment, young people’s inability to cope with stress and their lack of life skills, including the ability to relate to people of their own age and adults.

188. With a view to establishing an effective system for developing cooperative psychology and pedagogy so as to protect children’s interests, the National Voluntary Parents’ Council was established within the Ministry of Education and Science; a comprehensive programme on child development in educational establishments in the Republic of Kazakhstan for 2006-2011 was approved; and guidelines, entitled “Heart to heart”, on fostering a positive attitude among parents towards school, were drawn up. With the support of NGOs, educational establishments are introducing interactive training programmes based on the peer-education approach so as to foster patterns of responsible behaviour and healthy lifestyles among children.

189. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment is dealt with in paragraphs 159-162 of the initial report of Kazakhstan, considered in 2003.

VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE

A. Parental guidance
(art. 5)

190. Families and parents have the primary duty and the right to raise and protect their children. The right of parents to guide their children is enshrined in current domestic legislation (the Marriage and the Family Act, the Children’s Rights Act, the Education Act, etc). Detailed information on this subject is contained in paragraphs 163-169 of the initial report of Kazakhstan, considered in 2003.

191. One aspect of the work of State agencies is cooperation with international organizations and NGOs that protect the rights of children in difficulty.

192. The local authorities are working with the Kazakh Union of Crisis Centres to establish social infrastructure for the protection of children through preventive action and rapid response to family problems. In order to ensure the effectiveness of such work and the quality of the social services provided, standards are being drawn up with the assistance of international experts from UNICEF. In November 2005, a project entitled “Protecting the rights of the child - a new State strategy” was launched.

193. Steps are being taken to provide social services for families in crisis by organizing comprehensive psychological, pedagogical, legal, educational and intervention programmes that address all family members. Some 967 students are currently studying social work in 12 institutes of higher education. Special courses on social protection for children are included in training programmes for social workers and psychologists.

194. Various types of counselling services for families and children are being devised. A network of social services for families with children with disabilities has been established in all regions.

195. By order No. 65 of 21 February 2003, the Committee on Standardization, Metrology and Certification of the Ministry of Trade and Industry approved the State standard entitled “Public social services. Social services at home for children with special needs. Range of services.”

196. Pursuant to the Act on Social, Medical and Educational Support for Children with Special Needs, work is under way on the establishment of a State system for the early detection of developmental defects in children and for the provision of special assistance. One national and 58 [provincial] psychological, medical and educational guidance centres have been opened for this purpose and are functioning successfully; each has capacity for 60,000 children, from birth to the age of majority.

197. In order to ensure early special educational support for children requiring psychological, educational, medical and social assistance, in 2003, the local authorities opened 13 rehabilitation centres, 103 psychological and special education centres and 114 speech therapy units in general-education schools, which also provided counselling for parents. Information on child development and the evolving capacities of every child is provided to parents by teachers and psychologists, including school doctors and social workers. Special procedures and methods are being devised for social, educational, medical and other institutions working with families at the various stages of their development.

Parental responsibilities
(art. 18, paras. 1 and 2)

198. In accordance with the Constitution, the care and upbringing of children is the natural right and duty of their parents. Detailed information on this matter is contained in paragraphs 170-174 of the initial report of Kazakhstan, considered in 2003.

199. Pursuant to the Convention, the Government recognizes the key role of the family in the upbringing of the child and endeavours, within available resources, to create the most favourable conditions for the fulfilment by families of their functions. Accordingly, the level of allowances for families with children and the number of children covered by different types of services and care are being increased.

200. In order to help parents educate children with disabilities at home with the assistance of educational organizations, on 26 November 2004, the Ministry of Education and Science issued order No. 974 approving Rules for organizing school lessons for children with disabilities

receiving treatment as inpatients in medical, rehabilitation and other health-care institutions, and for helping parents to educate children with disabilities at home with the assistance of educational organizations.

201. However, there are cases in Kazakhstan where parents neglect their responsibilities towards their children. For example, between 2003 and 2005, administrative proceedings were instituted against 15,768 parents and persons acting in loco parentis for failing to fulfil their responsibilities for the upbringing of children, and 4,220 parents were stripped of their parental rights by the courts.

202. In 2005 alone, the internal affairs agencies had more than 12,000 problem families on their files, more than 1,000 parents were stripped of their parental rights by the courts, and compulsory measures, such as removal of children, were taken against 680 parents. Administrative proceedings were brought against more than 2,000 parents.

203. Comprehensive measures are being adopted at the national and regional levels with a view to the early detection of family problems. During the reporting period, the Ministry of Labour and Social Protection opened 16 centres providing social services for families and children, with the assistance of NGOs, and 16 psychological and educational centres to assist asocial families with negative tendencies.

204. In order to highlight the importance of a family upbringing, it has become traditional for educational organizations to hold “Family of the year” competitions. Parents’ clubs called “Family meeting” have been established.

205. In April 2003, an international scientific and practical conference was held in Almaty entitled “School and the family: problems of interaction and how to resolve them.”

206. In 2004 and 2005, provincial, district and municipal parents’ meetings, conferences and round tables were held throughout the Republic on the themes “The role of families and schools in the development of the individual”, “Increasing parental responsibility in an individual’s upbringing”, and “Moral education in the family”, with the participation of approximately 100,000 parents, representatives of education, health, social protection and law enforcement authorities, AIDS and healthy lifestyle centres and other concerned organizations. At these events, there was broad discussion of the issues of enhancing the role of the family in the upbringing of children, psychological and educational training for parents, and assistance for dysfunctional families and those in difficult circumstances.

207. The Institute of Professional Training for Managerial and Senior Teaching Staff in the National Education System is currently conducting research on the interaction between the actors in the education and development of the individual. It is also preparing guidelines for parents on how to raise their children, and it plans to hold a training seminar for representatives of national parents’ councils and training courses on organizing cooperation between schools and parents. Professional training courses for various categories of teaching staff include compulsory lectures on working with parents.

208. With a view to generalizing and disseminating experience of work carried out, a national database on the best parents’ associations has been set up, and the Ministry of Education and Science has created a web page on interaction between teachers and parents.

Separation from parents
(art. 9)

209. Matters relating to separation from parents are dealt with in the Criminal Code, the Code of Criminal Procedure and the Penal Enforcement Code, the Marriage and the Family Act and the Children’s Rights Act.

210. They are also covered in paragraphs 175-187 of the initial report, considered in 2003, and in the section of the present report entitled “Parental responsibilities”.

211. Various measures are being developed to prevent family problems so as to minimize family disruption, ensure social rehabilitation of families and allow children to stay with their biological families.

212. Thus, pursuant to the Act on the Prevention of Juvenile Delinquency, Child Neglect and Homelessness, in cases where the parents or legal representatives of minors are not fulfilling their obligations regarding the minors’ upbringing, education and maintenance, and/or are having a negative influence on their behaviour or treating them cruelly, the task of carrying out individual preventive work is now assigned to all bodies and institutions for the prevention of child neglect and juvenile delinquency; this is in addition to the work of the tutorship and guardianship agencies.

213. The internal affairs agencies, together with inspectors attached to the Penal Correction Service of the Ministry of Justice, prepare dossiers relating to women given deferred sentences under article 72 of the Criminal Code who do not fulfil their obligations regarding the upbringing, education and maintenance of their children and/or have a negative influence on their behaviour.

214. In order to create the conditions necessary for their lives, education and upbringing, children deprived of parental care are placed in State institutions or fostered by Kazakh families.

215. There are currently more than 16,000 children deprived of parental care in institutions of the education, health and social protection system, including more than 3,000 abandoned children, more than 1,000 foundlings, more than 5,000 children whose parents have been stripped of their parental rights, approximately 1,000 children who are being held in detention facilities, approximately 3,000 sought by the authorities, and more than 900 who are undergoing long-term treatment.

Family reunification
(art. 10)

216. The departure of minors from Kazakhstan is regulated by domestic legislation.

217. Visa-free travel between States members of the Commonwealth of Independent States resulted in uncontrolled migration of minors unaccompanied by adult family members. In order to ensure the reunification of children with their families and to prevent neglect, on 7 October 2002, the Agreement on Cooperation among States Members of the Commonwealth of Independent States regarding the Return of Minors to the States of their Permanent Residence was signed.

218. The Agreement was approved by Government decision No. 756 of 12 July 2004.

219. On the basis of this Agreement, in the last three years, 310 minors have been removed from Kazakhstan to their States of permanent residence.

220. Detailed information on such matters is contained in paragraphs 188-192 of Kazakhstan’s initial report, considered in 2003.

Illicit transfer and non-return
(art. 11)

221. With a view to further improving efforts to combat the illicit transfer of minors, units have been set up within the internal affairs agencies to combat trafficking in persons.

222. Pursuant to an order issued by the Ministry of Internal Affairs, an international centre for training specialists in trafficking in persons and illegal migration has been established.

223. Between 2002 and 2004, the internal affairs agencies opened 19 criminal cases under article 128 of the Criminal Code (Recruitment, trafficking and transit of persons for the purpose of exploitation), including 3 cases involving the recruitment of minors.

224. The Ministry of Justice and State agencies drew up a Government plan of action to combat, curb and prevent offences involving trafficking in persons for 2006-2008, approved by Government decision No. 261 of 10 April 2006, which also covers issues relating to trafficking in minors. Preparations are being made for the ratification of the United Nations Convention against Transnational Organized Crime and its Protocols to prevent, suppress and punish trafficking in persons, especially women and children, and against the smuggling of migrants by land, sea and air.

225. The provisions of article 11 of the Convention relating to illicit transfer and non-return are dealt with in paragraphs 193-194 of Kazakhstan’s initial report, considered in 2003.

Recovery of maintenance for a child
(art. 27, para. 4)

226. Issues relating to the recovery of maintenance for children are regulated by Kazakh legislation and are dealt with in paragraphs 195-199 of Kazakhstan’s initial report, considered in 2003.

Children deprived of a family environment
(art. 20)

227. The obligations of the institutions and organizations responsible for safeguarding the rights of children deprived of a family environment are set out in the Civil Code, the Marriage and the Family Act, the Family-type Children’s Villages and Young People’s Homes Act, the Nationality Act and the Housing Act.

228. Since 1988, more than 80,000 children in Kazakhstan have been placed in families for tutorship, guardianship, adoption or foster care.

As at 1 January 2006, more than 16,000 children deprived of parental care were being cared for in State health-care, social protection and educational institutions.

229. There are 110 State educational institutions providing assistance to children deprived of parental care: 75 children’s homes and residential schools, 29 family-type children’s homes and 6 family-type children’s villages. In addition, 10 private children’s homes have been opened, including 3 SOS-Children’s Villages. For orphans who leave these institutions there are 23 young people’s homes where they can stay until the age of 23.

230. Work is continuing on the deinstitutionalization of children’s homes and residential schools for children deprived of parental care with the aim of creating conditions that more closely resemble the family environment. In order to break children’s homes up into smaller units, many of them now operate according to the family-type model. Children live in groups of 8 to 10 people who are bound by family-type relationships and ties of affection and friendship.

231. Since 2003, work has been under way to overhaul the current system for placing children deprived of parental care and orphans by introducing new forms of family-based care. To this end, the Government adopted decision No. 306 of 11 March 2004 approving Rules for the payment of maintenance allowances for children in foster care. There are currently around 2,000 children living in foster families. In 2005, 289,147,000 tenge was allocated from the central budget for this purpose in the form of special-purpose transfers.

232. However, in practice there are certain problems in this area. For instance, a sizeable group of foster parents are single or divorced women, which prevents children from fully understanding and grasping gender roles in the family. There are also cases where foster parents act without proper reflection, guided purely by their emotions and a desire to experience parenthood.

233. Consequently, a special programme has been launched, entitled “School for adoptive parents”, which includes training for parents on caring for children and establishing with them relations based on kindness, love, joint activities, respect for their individual identity and concern for their future.

234. With the aim of disseminating legal and practical information on the Institute for Foster Care, it is planned to create a special information network and to open an information forum called “The way home” on the Ministry of Education and Science website for foster parents, tutors and specialists from tutorship and guardianship agencies so as to provide them with legal and psychological assistance.

235. Kazakhstan has certain problems with the timely identification of children in difficulty, owing to a shortage of specialists in the tutorship and guardianship agencies.

236. In order to deal with this issue, a draft State programme for 2006-2011 entitled “Children of Kazakhstan” is being prepared.

237. Issues relating to children deprived of a family environment are covered in paragraphs 200-213 of Kazakhstan’s initial report, considered in 2003.

Adoption
(art. 21)

238. Government decision No. 36 of 13 January 2006 established a Committee for the Protection of Children’s Rights within the Ministry of Education and Science. The Committee has an adoption unit which, in accordance with the procedure established by law, will coordinate and guide the activities of ministries and departments, local authorities and NGOs in this area.

239. In accordance with article 21 of the Convention, “inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin”.

240. This principle is reflected in current Kazakh legislation. Article 52 of the Marriage and the Family Act establishes the right of the child to live and be raised in a family.

241. Pursuant to article 76 of the Marriage and the Family Act, children may be adopted only if it is in their interests. Children who are Kazakh citizens may be adopted by foreigners only when they cannot be adopted by Kazakh citizens who are permanently resident in the country, or by relatives irrespective of their nationality or place of residence.

242. The procedure for adoption, laid down in article 77 of the Marriage and the Family Act, provides for court proceedings with the participation of a procurator and the tutorship and guardianship agencies.

243. In addition, pursuant to article 101, paragraph 3, of the Marriage and the Family Act, a procedure for establishing a central register of children was approved by Government decision No. 1346 of 9 September 1999 on Rules for keeping a central register of children deprived of parental care. In April 2002, the Government adopted a decision supplementing Government decision No. 1346 of 9 September 1999.

244. The Supreme Court issued decision No. 17 of 22 December 2000 in order to regulate matters relating to the application by the courts of the Marriage and the Family Act when cases involving the adoption of children are considered.

245. Government decision No. 1197 of 12 November 2002 lays down the procedure for the adoption by foreigners of children who are Kazakh citizens.

246. The Ministry of Education and Science, together with the Ministry of Foreign Affairs, the Ministry of Justice and the Ministry of Internal Affairs, issued order No. 814 of 22 August 2002 on the efficient exchange of information relating to the adoption by foreigners of children deprived of parental care, pursuant to which data on children adopted by foreigners are collated every month.

247. To strengthen oversight of international adoptions, the Ministry of Foreign Affairs issued order No. 08-1/31 of 11 April 2003 approving instructions for the registration of children who are Kazakh citizens and who are adopted by foreigners. Under paragraph 2 of the instructions, information on the children must be entered in the consular register at the Kazakh Ministry of Foreign Affairs before they leave Kazakhstan.

248. In January 2006, the Ministry of Foreign Affairs introduced amendments to the Rules for keeping a register of foreign citizens wishing to adopt children who are Kazakh citizens (No. 655 of 17 June 1999). These amendments concern the submission of additional documentation to establish whether the adoptive parents have a criminal record and the procedure for monitoring of adopted Kazakh children by consular officials.

249. With a view to establishing cooperation among contracting States to ensure respect for the safeguards to prevent the abduction and sale of children, draft legislation was prepared and submitted to Parliament on Kazakhstan’s accession to and ratification of the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption and the Convention on Child Protection.

250. Between 2003 and 2005, 10,685 children deprived of parental care were placed with families for adoption, including:

− Kazakh citizens - 7,732 children;
− Foreign relatives - 232 children;
− Foreign citizens - 2,721 children.

251. One reason for which parents reject children is the child’s health status: more than 80 per cent of adopted children are physically or mentally retarded or suffer from congenital, venereal or cardiovascular diseases.

252. The procedure for adoption in Kazakhstan is laid down in domestic legislation, but in practice, some of the provisions need to be amended. For instance, with a view to protecting the rights of Kazakh children adopted by foreigners, it is planned to introduce amendments to the following laws and regulations: the Civil Code, the Marriage and the Family Act, the Nationality Act, the Legal Status of Foreign Citizens in Kazakhstan Act. These amendments would restrict the adoption rights of persons in same-sex marriages, persons of unconventional sexual orientation and single-parent families, and establish an age qualification for adoptive

parents and criteria for assessing their financial situation. Provisions will be incorporated in Kazakh legislation to regulate monitoring of children adopted by foreigners and their return in the event that their legal rights are violated.

253. Informational materials are being prepared, in Kazakh and Russian, for subsequent dissemination through the mass media. They describe the negative effects of orphanhood and advocate the importance of the family and a family upbringing. The aim is to draw public attention to the increasing trend towards raising children deprived of parental care in the family, and to win public support for strengthening the right of the child to grow up in a family.

254. Matters relating to the adoption of children deprived of a family environment are covered in paragraphs 214-229 of Kazakhstan’s initial report, considered in 2003.

Periodic review of placement
(art. 25)

255. Pursuant to article 25 of the Convention, information on periodic review of placement and all other circumstances relevant thereto and to the child’s protection and the treatment of his or her physical or mental health, is provided in paragraphs 230-231 of Kazakhstan’s initial report, considered in 2003. The norms and rules referred to in that report are still in force.

256. In September 2004, during a meeting of the Commission on Human Rights in the office of the President, the national ministries and departments reported on the work they had done to protect the rights and interests of children and to create conditions for the maintenance, upbringing and education of children deprived of parental care, in compliance with the provisions of the Convention.

257. In 2003 and 2004, the Ministry of Education and Science examined questions relating to the living conditions of children deprived of parental care in children’s homes and residential schools in Aqtobe and South Kazakhstan provinces.

258. In addition to greater departmental and procuratorial supervision of living conditions of children deprived of parental care residing in specialized institutions, opportunities are being provided for independent supervision by the national human rights institution. For instance, during the reporting period, the National Human Rights Centre monitored the observance of the rights of the child in residential institutions in South Kazakhstan, Qyzylorda, Аtyrau, Mangistau, Pavlodar, West Kazakhstan, Zhambyl, East Kazakhstan and North Kаzakhstan provinces, and in the cities of Astana and Almaty. On-site visits immediately revealed some problems: insufficient funding, placement of children after they leave the institutions and children’s limited access to information.

259. In 2005, the Human Rights Commissioner (Ombudsman) of Kazakhstan drafted a report on the observance of the rights of the child, which analysed the situation of the rights and freedoms of children in the country, and compliance with relevant international standards.

Abuse and neglect (art. 19), including physical and psychological
recovery and social reintegration (art. 39)

260. Matters relating to the protection of children against abuse and neglect are dealt with in the section of the present report entitled “Right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment”, as well as in paragraphs 232-234 of the initial report, considered in 2003.

261. During the reporting period the legal framework that protects minors against all forms of physical and psychological violence was broadened. With a view to implementing the Act on the Prevention of Juvenile Delinquency, Child Neglect and Homelessness, the Government, by decision No. 1179 of 1 December 2005, approved the Regulations оn commissions for juvenile affairs and for the protection of their rights. The Regulations also lay down the legal status of special educational institutions responsible for the care, education and social rehabilitation of young persons who systematically commit administrative offences or drop out of secondary education. These institutions play an active role in preventing juvenile delinquency. There are currently 11 such institutions in Kazakhstan, which care for more than 840 young persons.

262. With a view to improving the operational environment among minors and gathering data on potential wrongdoing by school pupils, pursuant to order No. 372 of the Ministry of Internal Affairs of 21 June 2005, posts of neighbourhood police officer for juvenile affairs were created and assigned to educational institutions. To date, 517 posts of school police inspector have been created in 15 regions of Kazakhstan.

263. In accordance with the provisions of the Education Act, regular spot checks are carried out to identify children and young persons of school age who are not attending generaleducation establishments. As a result of preventive efforts over the past three years, there has been a steady decline in juvenile delinquency in Kazakhstan. In the period in question, the number of offences committed by young persons fell by 26.3 per cent (from 7,001 to 5,544). There has been a decline in the number of murders (48.8 per cent), and in cases of intentional serious bodily harm (9.8 per cent), rape (73.4 per cent), hooliganism (43.3 per cent) and theft (31.8 per cent).

VII. BASIC HEALTH AND WELFARE

Children with disabilities
(art. 23)

264. Issues relating to the ability of disabled children to perform their vital functions are set out, inter alia, in the Education Act, the Children’s Rights Act, the Act on Social, Medical and Educational Support for Children with Special Needs and the Psychiatric Help and its Provision (Guarantees of Citizens’ Rights) Act.

265. The social protection of disabled persons, including children, and their rehabilitation and integration in society are of the utmost importance in Kazakhstan. In all, there are some 47,600 disabled children under the age of 16 in the country.

266. As at 1 January 2006, the social benefit provided by the State amounted to 7,945 tenge, and the special State benefit was 927 tenge.

267. As set out in the President’s message to the nation, in January 2005 benefits for disabled children under the age of 16 were increased by three notional monthly units, or 2,985 tenge.

268. The Social Protection of Persons with Disabilities Act was adopted in order to broaden opportunities for full-fledged participation by disabled persons and establish the conditions required for them to be able to work and have access to social infrastructure.

269. At present, there are over 120,000 children with some form of disability in the country.

270. The Act on Social, Medical and Educational Support for Children with Special Needs establishes the forms and methods of provision of social, medical and educational support for such children. This law is aimed at establishing an effective assistance system for children, solving problems relating to their education, schooling and vocational and professional training, and preventing disabilities among children.

271. To provide social, medical and educational support for children with special needs and solve problems relating to their education, schooling and vocational and professional training, the Government of Kazakhstan issued decision No. 1032 of 7 October 2004, by which it amended its decision No. 738 of 17 May 2000 approving amounts and sources of social assistance for citizens during their studies. It also issued decision No. 100 of 3 February 2005 approving Standard Rules for the activities of special education institutions.

272. To assist specialists in educational, health-care and social protection agencies and institutions, the Ministry of Education and Science issued order No. 134 of 23 February 2004 mandating minimum requirements for facilities, equipment and teaching methods in institutions educating children with disabilities and order No. 712 of 3 September 2004 containing the Rules for the operation of rehabilitation centres, psychological and special education centres and speech therapy units serving children with disabilities. In May 2005, a classification system was drawn up for technical and other assistive devices for persons with physical disabilities.

273. There are currently 102 special education institutions for children with disabilities operating in the country, with an enrolment of 17,861 children:

− Hearing-impaired (deaf) children;
− Hard-of-hearing children and those who lose their hearing in childhood;
− Vision-impaired (blind) children;
− Partially sighted children and those who lose their vision in childhood;
− Children with motor deficiencies;
− Children with serious speech deficiencies;

− Children with mental retardation;
− Children with intellectual deficiencies (slow learners).

274. A great deal of attention is paid to providing disabled children with textbooks and student training aids. Every year, the corresponding amounts are transferred from the central budget under programme No. 008, entitled “Development, publication and supply of a new generation of textbooks for specialized rehabilitative institutions”.

In all, since 2003, more than 104 original textbooks and 82 student training aids have been developed and published for children with intellectual, hearing or speech deficiencies. Forty-two textbooks have been adapted and published in Braille for blind children, and in large print for partially sighted children.

275. Special education institutions receive funding from the central budget providing them with special equipment and learning appliances: devices for the hearing impaired and the vision impaired, and developmental aids. In 2004, 110.3 million tenge was earmarked for such expenditure; in 2005, 202.9 million; and in 2006, 118.1 million.

276. In order to provide for scientific research and give social, medical and educational support to children, their parents and the teaching community, the Government issued decree No. 222 of 22 February 2004, which transformed the National Scientific and Practical Centre for Social Adaptation and Vocational Rehabilitation of Children and Young People with Developmental Disorders into the National Scientific and Practical Centre for Special Education. The Centre for Special Education now carries out basic research in the field of special education and psychology, develops scientifically based special education methods and considers new approaches to the training and further training of special education teachers and psychologists. It hosts seminars, courses and training events for the medical and educational staff of the new psychological, medical and educational guidance centres, rehabilitation centres and psychological and special education centres on subjects such as early childhood screening and the improvement of the special education system. The Centre works actively to develop cooperation with international organizations, and with a number of countries (Sweden, Denmark, the United States of America, Germany, the United Kingdom of Great Britain and Northern Ireland and others).

277. Innovative approaches are being introduced in special education for the integration of children with disabilities in the school environment and for early intervention in the development of children with abnormalities. For example, inclusion groups have been introduced for children with disabilities in kindergartens in the cities of Almaty, Aqtobe, Semipalatinsk, Pavlodar, Petropavlovsk and Ust-Kamenogorsk. Teaching processes have been introduced for the inclusion of such children in mainstream schools, along with combined remedial and developmental teaching of non-disabled and disabled children.

278. Special education programmes are being supported so as to ensure that children with disabilities are able to play an active role in cultural life on an equal footing, and also to help identify those who excel in the arts and in sport. As part of the cooperation between the Ministry of Education and Science and UNICEF, a child enrichment programme is being implemented and, under a subprogramme entitled “Children requiring special protection measures”, a model resource centre for inclusive education has been established at the National Scientific and Practical Centre for Special Education; it is aimed at mainstreaming children with disabilities into the education system. In addition, an international scientific and practical conference entitled “Special aspects of teaching for children with disabilities” was held with the participation of Russian special education specialists, and a national seminar on “A single rehabilitation system for disabled persons in Kazakhstan” took place.

279. NGOs are actively encouraged to take part in the various studies of the situation of children with disabilities and their families and in carrying out regional social programmes for such children. Under a project organized by UNESCO on promotion of basic education for children with special needs, training sessions are held regularly for the heads of educational establishments, provincial psychological, medical and educational guidance centres and special education institutions.

280. Under a cooperation agreement between the NGO Special Olympics Kazakhstan and the Ministry of Education and Science, sports events are held for intellectually impaired and disabled children according to an annual calendar of events. The Special Olympics Kazakhstan national team won first and second place prizes at the 2005 Special Olympics World Winter Games, held in Japan.

281. Despite the fact that the special education system is constantly growing in Kazakhstan, not all children requiring special education receive it. There are currently some 50,000 children in the mainstream school system without qualified specialist assistance. There are only 643 special classes in mainstream schools, enough for 6,480 children with intellectual deficiencies or mental retardation.

282. To address these and other problems relating to the schooling and education of children with disabilities, construction has begun on two national boarding schools, in Almaty and Qaraghandy, for vision-impaired children. There are also plans to prepare a draft Government decree approving a plan of measures to provide social, medical and educational support for children with special needs.

283. Questions relating to the ability of disabled children to perform their vital functions are addressed in paragraphs 235-253 of the initial report on the implementation of the Convention, considered in 2003.

Health and health services
(art. 24)

284. Under article 8 of the Children’s Rights Act, every child has an inalienable right to health. In addition, the State creates the conditions for maternal health in order to ensure the birth of healthy children.

285. In order to improve the quality and accessibility of medical care, every year the Government has increased funding for the health sector. In the past five years, the proportion of gross domestic product spent on the country’s health system, taking into account resources for medical schools, has grown from 1.97 per cent in 2001 to 2.6 per cent in 2006.

286. In order to improve the quality of medical services provided to the population, the Government adopted decision No. 1327 on 15 December 2004 establishing in the Ministry of Health a Committee for the Supervision of the Quality of Medical Services. Its basic function consists in monitoring the medical care provided to the population, including children, and in subsequently issuing recommendations to overcome any shortcomings identified.

287. In order to establish an effective quality control system for health care, a master plan has been drawn up for the improvement of medical care. It calls for the gradual, step-by-step development of all parts of the system.

288. In 2006-2007, a medical care quality control system meeting international standards will be established. It will work at three levels:

(1) Level 1: In-hospital monitoring;

(2) Level 2: Independent medical oversight;

(3) Level 3: Compulsory State supervision.

289. The quality control system will rely on internal monitoring and auditing in healthcare institutions, and also on independent oversight of medical activities.

290. Work is now being completed on the establishment of an accreditation system for healthcare institutions. This consists in the preparation of State standards and accreditation rules.

291. New approaches are being adopted for the assessment of medical staff competencies, taking into account international experience in the licensing of physicians. The rights and obligations of medical workers and patients will be clearly identified.

292. To give effect to the Committee’s recommendation in paragraph 26 of its concluding observations, concerning the improvement of access to highly qualified medical assistance for children and women living in remote rural areas, mobile children’s and women’s clinics have now been functioning for a number of years in the country. They operate from provincial children’s hospitals or perinatal centres, are staffed by qualified paediatric, obstetric and gynaecological specialists and are provided with means of transport, medical equipment and medicines. The mobile clinics visit remote areas of the province according to an established timetable.

293. In Kazakhstan, much attention has been paid to the implementation of the Committee’s recommendation in paragraph 56 of its concluding observations, concerning the reduction of the maternal, infant and child mortality rates.

294. There has in recent years been a marked improvement in the infant mortality rate.

In 2005, the infant mortality rate stood at 15.1 per 1,000 live births, some 24.6 per cent lower than in 2000. Provisional data indicates that the rate was 13.6 per 1,000 live births in the first three months of 2006, compared with 14.9 per 1,000 live births in the same period in 2005.

295. In Kazakhstan, infant mortality is analysed according to the sex and place of residence of the child. In 2005, the infant mortality rate among boys was 16.8 per 1,000 live births, while for girls it was 13.3 per 1,000. Among children in urban areas, it was 16.7 per 1,000 live births, while in rural areas it stood at 12.7 per 1,000.

296. Over a period of several years, the main causes of infant mortality have been certain perinatal conditions, congenital developmental defects and respiratory illnesses. A major cause of infant mortality during the first year of life is the poor health of the mother, which affects the health of the newborn and, later, the child’s survival beyond the first year. A lack of medical personnel for children places heavier burdens on specialists, and this has a negative effect on the quality of the medical care provided.

297. To deal with such problems, the State programme for the reform and development of health care in the Republic of Kazakhstan for 2005-2010 provides for appropriate measures.

298. In addition to the measures to protect the health of women of reproductive age, since 2006 annual preventive check-ups have been provided for children up to the age of 18, with subsequent follow-up and treatment for any patients thus identified.

299. To improve availability of drugs, since 2005 children under 5 have been provided with medicines free of charge for the most common diseases treated on an outpatient basis. Funds have been set aside to provide medicines free of charge for children and adolescents who are registered as outpatients as from 2006.

300. Under the State above-mentioned programme, measures have been taken since 2005 to provide health-care institutions treating children with medical equipment meeting established standards. Priority is given to acquiring equipment for the diagnosis and emergency treatment of children (respiratory apparatuses, medication-dosing devices, diagnostic equipment) and for newborn care (incubators).

301. To ensure that the appropriate managerial measures are taken to reduce infant and perinatal mortality, a plan has been drawn up for the country’s transition to the live birth and stillbirth criteria recommended by WHO. The plan was adopted by order No. 38-r, issued by the Prime Minister on 1 March 2006.

302. In implementing the State programme for the reform and development of health care in the Republic of Kazakhstan for 2005-2010, special emphasis is placed on improving primary health care. In particular, the Government adopted decision No. 1304 of 28 December 2005 on measures to improve primary health care, which establishes a new State standard for the primary health-care network. This provides for the classification of existing structures and for the creation of primary health-care centres in places with populations of between 5,000 and 10,000 and of health-care posts in locations where there are currently local paramedical and midwifery stations.

303. To improve the rural population’s access to qualified care, there are plans to set up outpatient clinics in rural areas with populations of between 1,000 and 5,000. To this end, a specific central budget programme for 2006 includes plans to station doctors in 762 rural areas where previously there have been none, and to bring the intermediate-level medical staff at existing rural health-care institutions up to strength.

304. Measures are being taken to fill medical positions and strengthen staffing at health-care institutions, first and foremost in rural areas, and appropriate amendments have been introduced in a number of draft laws. The draft law amending and supplementing certain legislative acts relating to health care calls for measures to strengthen staffing in rural areas. The Education Act allows the Government to establish quotas for students wishing to undertake health specialist training, provided that they commit to work for three years in a rural area after completing their higher education.

305. To improve the quality of health care provided to children, measures are being taken jointly with international organizations, NGOs and WHO.

306. Immunization is one of the priorities for preventive medicine in Kazakhstan. Work in this field is done in six main areas:

(1) Immunization management (drafting of legal and standard-setting instruments);

(2) Mobilization of budgetary funds for the purchase of vaccines;

(3) Ensuring safe immunization practices (including cold chain management for transport and storage, collection and recycling of syringes, and training and certification of specialists);

(4) Vaccine procurement;

(5) Personnel training;

(6) Raising public awareness on immunization.

307. As a result of the Government’s targeted immunization policy, poliomyelitis has now been eradicated in Kazakhstan, while tetanus, diphtheria and whooping cough affect only a handful of people, and the incidence of hepatitis B and epidemic mumps has fallen. Kazakhstan has begun implementing the WHO programme for the elimination of measles and rubella.

308. The country has a system providing its regions with an uninterrupted supply of vaccines. Currently, 95 per cent of children are vaccinated. Some 900 mobile vaccination teams have been set up to ensure timely coverage in rural areas. Since 2005, about 7,000 health workers have undergone training and certification permitting them to carry out inoculations.

309. A cold chain is in place for the storage and transport of vaccines.

310. All the vaccines administered over a person’s lifetime are registered in that person’s vaccination passport.

311. The text governing the administration of vaccines and establishing the national vaccination schedule is Government decision No. 488 of 23 May 2003 on measures to improve vaccination against infectious diseases. Under this decision, vaccines against 13 infectious diseases (tuberculosis, hepatitis B, poliomyelitis, whooping cough, tetanus, diphtheria, measles, rubella, epidemic mumps, rabies, typhoid fever, tick-borne encephalitis and plague) are purchased through the central budget, while purchases of vaccines against 4 others (hepatitis A, tularaemia, malignant anthrax and influenza) are funded through local budgets.

Overall incidence of individual diseases and groups of diseases among children in Kazakhstan, 2003-2005 (number of first-time cases registered per 100,000 children)

312. As can be seen in the above table, for nearly all types of afflictions, there has been an updated trend in the incidence among children. One of the reasons for this rise is the fact that medical institutions for children have begun to carry out preventive check-ups for children of the prescribed age.

313. The State programme for the reform and development of health care in the Republic of Kazakhstan for 2005-2010 calls for annual preventive check-ups for children beginning in 2006, with subsequent treatment of any cases thus detected.

314. The steps taken in the field of mother-and-child health have made it possible to stabilize the number of premature births. In 2005, the percentage of children with low birth weights was 5.05 per cent, as against 5.25 per cent in 2004.

315. The maternal mortality rate in 2005 was 40.2 per 100,000 live births, 5 per cent lower than in 2003.

316. According to provisional data, during the first three months of 2006 the maternal mortality rate was 43.9 per 100,000 live births, as against 48.9 per 100,000 live births in the same period in 2005.

317. Haemorrhaging during delivery is the leading cause of maternal death in pregnancy, childbirth and the puerperal period, followed in second place by pre-eclampsia and eclampsia, with abortion third, miscellaneous reasons fourth, and extragenital diseases fifth.

318. One of the main reasons for the high level of maternal mortality is the poor health of women of reproductive age. There is also a lack of obstetrician-gynaecologists.

319. To tackle these problems, the State programme for the reform and development of health care in the Republic of Kazakhstan for 2005-2010 envisages a series of measures. Specifically, from this year preventive check-ups are being carried out for women of reproductive age, with subsequent follow-up and treatment.

320. In order to upgrade the skills of obstetrician-gynaecologists, advanced training courses are being held, with visits by specialists from national health-care institutions (National Scientific Research Centre for the Protection of Mother and Child Health, Almaty State Institute of Postgraduate Medical Training) to regions with high maternal mortality rates. Beginning in 2005, for the first time, specialists were trained in other countries. During the period under consideration, 20 physicians and 20 nurses underwent a half-year course in the best paediatric and obstetric institutions in Israel.

321. To strengthen facilities and equipment at obstetric institutions, it is planned to make special-purpose transfers to the provincial budgets and the budgets of the cities of Astana and Almaty. By 2008, all paediatric and obstetric institutions will be provided with medical equipment and supplies meeting established standards.

322. Special attention is paid in Kazakhstan to the implementation of the Committee’s recommendation in paragraph 57 of its concluding observations relating to the reduction of teenage pregnancy and abortion rates. Teenage abortions undermine reproductive health by producing inflammation of the reproductive organs and sterility. They also adversely affect subsequent pregnancies and births, increasing the risk of miscarriage and maternal and perinatal mortality.

Abortion by age group, 2003-2005 (number of abortions
in thousands and per 1,000 women aged 15-49)

323. In 2005, the abortion rate stood at 28.9 per 1,000 women of reproductive age.

324. The absolute number of women who died from complications following abortion declined from 27 in 2002 to 17 in 2005. In 2005, abortions among girls accounted for 5 per cent (125,654) of the total.

325. In order to maintain and strengthen reproductive health in the country, the Act on Human Reproductive Rights and Guarantees for Their Realization is being implemented, along with a series of laws and regulations governing the work of health institutions in the field of reproductive health.

326. Special attention is being paid in Kazakhstan to the implementation of the Committee’s recommendations, in paragraph 58 of its concluding observations relating to access to clean drinking water, food security and the resolution of the problems relating to the Aral Sea and the Semipalatinsk nuclear testing site. In accordance with the Act on Public Health and Hygiene, epidemiological surveillance and epidemic control measures have been taken to prevent a worsening of water-use conditions and counter the adverse effects on public health of unsafe drinking water.

327. As part of the measures to improve the quality and rational use of drinking water, every year the preparedness of the water supply for the spring and summer period is reviewed in each of the country’s provinces. During the review, appropriate measures are drawn up to ensure public health and hygiene.

328. The adoption of a State rural development programme has helped to ease the problem of provision of drinking water in rural areas. From 2001 to 2004, the proportion of water mains not meeting public health requirements declined from 23.4 to 17.7 per cent. In 2005, 44 water mains were built, rebuilt or renovated, and repairs were carried out on 192 functioning water-supply facilities.

329. The proportion of tests of piped drinking water not meeting microbiological standards fell from 3.9 per cent in 2001 to 2 per cent in 2004. The proportion not meeting chemical standards fell from 8.5 per cent in 2001 to 3.1 per cent in 2004.

330. The programme for the comprehensive solution of the problems facing the Aral Sea region for 2004-2006 was approved by Government decision No. 520 of 7 May 2004. In Qyzylorda province, implementation of this programme has resulted in the repair and restoration of waterworks in over 30 communities, as a result of which some 35,000 communities now have clean drinking water. The Zhidelin water-supply system has been rebuilt over a length of 44 kilometres, and the Aral-Sarybulak water-supply system over a length of 22 kilometres. In communities in Kazalinsk district, the drinking water situation has stabilized. Construction has begun on a third clustered water supply, and will soon start on a fourth.

331. In Aqtobe province, the refurbishment of the waterworks in the village of Baiganin, in Baiganin district, and in the town of Kandyagash is continuing. The drinking water supply has been upgraded in the village of Nura in Irgiz district, where water previously had to be trucked in. A Rucheek 30/06 water purification machine using membrane technology has been set up on the Nura river.

332. In South Kazakhstan province, construction is continuing on the Kentau-Turkestan waterworks, and plans and estimates are being drawn up for the reconstruction of the Shardarin and Tasty-Shuisk group water-supply system.

333. Public health and environmental monitoring is continuing. A pilot project (carried out with Japan) has begun to study the health status of women of reproductive age and the prevalence of endemic goitre in Qyzylorda and Almaty provinces.

334. Under the Act on Public Health and Hygiene and the Act on the Quality and Safety of Food Products, food safety requirements are established by the State bodies responsible for monitoring public health. The public health service carries out specific work to protect consumers against unsafe foods. Every month, food products are tested to ensure that they are in compliance with public health and hygiene regulations and standards.

335. The main reasons for non-compliance with these regulations and standards are as follows: in 52 per cent of cases, production using food beyond its expiration date; in 18 per cent, failure to meet organoleptic and physical or chemical requirements; in 26 per cent, a lack of documentation certifying the quality and safety of the food products; and in 4 per cent, failure to meet bacteriological test requirements.

336. An effective means of preventing iodine deficiency is the use of iodine-enriched salt. Since the adoption of the Act on Preventing Iodine-Deficiency Disorders, all edible salt imported or produced in the country must be enriched with iodine.

337. The State programme for the reform and development of health care for 2005-2010 calls for the distribution free of charge of iodine and iron supplements to pregnant women.

338. In Kazakhstan, there is relatively low consumption of meat and fish, the principal sources of ferrous salts. There is also a comparatively low level of consumption of vegetables and fruit (especially in the winter and spring) and vitamin C, which facilitate ferrous salt absorption, and a generally high level of tea drinking, which has the opposite effect. The Act on the Quality and Safety of Food Products therefore provides for the mandatory enrichment of wheat flour with vitamin and mineral supplements. The doses are based on WHO recommended allowances for iron and other nutritive substances, as derived from worldwide experience in the vitamin and mineral enrichment of food products.

339. To minimize the long-term effects on the population of radiation exposure at the Semipalatinsk nuclear test site, the Government adopted decision No. 927 of 20 September 2005 approving the programme for the comprehensive solution of the problems relating to the former Semipalatinsk nuclear test site for 2005-2007.

340. In addition, the country’s health-care bodies are carrying out a range of medical rehabilitation measures for persons affected by the nuclear tests. Specifically, a State medical registry of affected persons has been set up, and a State-financed programme is being implemented, providing highly specialized medical assistance under the heading “radiation medicine”.

341. In order to monitor the health of persons exposed to ionizing radiation as a result of the tests at the Semipalatinsk nuclear test site, a clinical and rehabilitation centre has been established under the Ministry of Health’s Scientific Research Institute for Radiation Medicine and Environmental Studies. Primary screening of the population living near the former nuclear test site is now under way. The inhabitants of Abai, Beskaragai and Borodulikhin districts and of East Kazakhstan province are being examined in order to detect early forms of radiationinduced diseases.

342. In 2005, in the context of the State programme for the reform and development of health care, resources were set aside for the construction and refurbishment of health-care facilities in East Kazakhstan province. This included continuation of the construction of a radiological centre at the provincial oncology clinic in Semipalatinsk. The centre is to be completed in 2006.

343. Pursuant to the decisions taken by the United Nations General Assembly at its fiftysecond session, the Government of Japan has given assistance to medical institutions in the city of Semipalatinsk, providing a grant under a project entitled “Improvement of medical services in the Semipalatinsk region”. During implementation of this project, diagnostic equipment was furnished in order to assist in detecting malignant diseases, thyroid problems and blood diseases.

344. Special attention is being paid, as requested by the Committee in paragraph 57 of its concluding observations, to solving problems relating to HIV/AIDS, drug addiction, alcoholism and increased use of tobacco.

345. As at 1 December 2005, there were 5,541 HIV-positive persons registered in the country, including 41, or 0.74 per cent, who were children under the age of 14.

346. The breakdown of HIV-positive persons by age was as follows:

0-1 year: 13 (0.2 per cent of all HIV-positive persons in the country);

2-5 years: 10 (0.2 per cent);

6-10 years: 2 (0.04 per cent);

11-14 years: 16 (0.3 per cent);

15-19 years: 498 (9.0 per cent).

347. The breakdown of HIV-positive persons by social group was as follows:

Children enrolled in school: 31 (0.6 per cent of all HIV-positive persons in the country);

School-age children not enrolled in an institution: 22 (0.4 per cent);

Preschool-age children not enrolled in an institution: 23 (0.4 per cent);

Students at specialized secondary schools and institutes of higher education: 77 (1.4 per cent).

348. Under the outline of State policy to counter the AIDS epidemic, approved by Government decision No. 1808 of 5 December 2000, and the programme to counter the AIDS epidemic for 2001-2005, approved by Government decision No. 1207 of 14 September 2001, human behaviour is identified as the priority area for preventive action. The following target groups are given priority: drug users, people engaged in prostitution, minors and young people.

349. Measures to combat the HIV/AIDS epidemic will encompass five main areas:

(1) Refinement of legal policy and establishment of a legal and social environment conducive to preventive and curative interventions;

(2) Implementation of prevention programmes;

(3) Implementation of treatment, care and support programmes;

(4) Implementation of social projects for HIV-positive persons;

(5) Improvement of epidemiological surveillance, monitoring, assessment, planning and forecasting.

350. A series of preventive measures is now being taken, including active implementation of prevention programmes among injecting drug users. There are now 89 confidential help centres

where used needles are exchanged and addicts receive counselling and information on safe practices to prevent HIV infection. The centres have now begun implementing an awareness programme for persons engaged in prostitution.

351. At the initiative of AIDS centres, healthy lifestyle centres and NGOs, various events have been organized to reach out to young people on the subject of AIDS. These include plays, drawing and composition competitions, concerts, television game shows, and question and answer sessions. A public awareness programme is being carried out at discotheques.

352. Because this work is not systematic and mainly covers people in organizations, plans are now being drawn up for public awareness programmes aimed at young people at large. The main problem is a lack of resources for the production of informational materials and for the organization of public events.

353. Kazakhstan is working actively with international organizations to implement programmes for the protection of mother and child health.

354. With technical support from international organizations, efforts are continuing to incorporate the Strategy on Integrated Management of Childhood Illness advocated by WHO. The main aim of the Strategy is to improve the quality of outpatient care for young children. It is currently being implemented in five of the country’s provinces (East Kazakhstan, Almaty, Qaraghandy, Qyzylorda and South Kazakhstan) and in the city of Astana.

355. Positive results have already been achieved: neonatal morbidity has declined, and significant progress has been made in advocating for and spreading the practice of breastfeeding. In recent years, the number of children under the age of 6 months who are exclusively breastfed has tripled.

356. The document establishing the cooperation programme with UNICEF is the Basic Cooperation Agreement between the Government of Kazakhstan and UNICEF for the period from 2005 to 2009. This Agreement calls for implementation of a “Family and community empowerment” programme, which includes the following projects: improvement of the quality of mother and child health, and development of youth-friendly primary health care and services; improvement of parenting skills; and prevention of micronutrient deficiency.

357. The “Safe motherhood and childhood” scheme is another initiative being implemented in partnership with international organizations such as WHO, UNICEF and the United Nations Population Fund (UNFPA).

The core objectives are:

(1) To improve medical care for women and newborns by upgrading medical workers’ skills;

(2) To increase the efficiency of the health service;

(3) To involve families and the public at large in decision-making on mother and child health.

358. The safe motherhood strategy is based on the following principles:

(1) Demedicalization, emphasizing that pregnancy is not an illness, childbirth is not a potential problem and newborns are not medical patients. Accordingly, some 80 per cent of women do not require unnecessary intervention and treatment;

(2) All obstetric aids should meet international standards and evidentiary medical criteria and be adapted to local needs;

(3) Regionalization, i.e. the sensible distribution of specialist medical services, thereby permitting the sound management of resources allocated to the health system such as drugs, medical equipment and specialists;

(4) Perinatal care must be based on the consent, involvement and participation of women and their families in decisions impacting on their health.

359. This scheme was piloted in selected medical institutions from 2003. Observation wards were abolished at the pilot facilities and replaced by individual delivery rooms. These rooms were scrubbed down and babies were delivered in clean (not sterile) conditions. Husbands and partners were actively encouraged to attend births, new mothers were allowed to receive visitors, and both parents were involved in caring for their newborn baby. Thus, compared to 2001, there are now fewer obstetric complications and fewer cases of postpartum haemorrhage and birth trauma to mothers, and early neonatal and maternal mortality rates have declined. In addition, neonatal morbidity rates have fallen and fewer drugs are administered needlessly during delivery. Induced labour and operative delivery rates are down and women are no longer denied routine obstetric assistance (e.g. enemas, shaving, spasmolysants, episiotomy, perineotomy, urinary catheterization, routine suctioning of mucus from the newborn’s upper airways and routine visual instrumental inspection of the birth canal after delivery). There have been fewer cases of intrauterine hypoxia of the neonate during delivery and women’s sense of security and well-being during childbirth has improved now that deliveries are professionally attended and husbands and partners are allowed to be present at the birth.

360. The results attributable to the introduction of the safe maternity strategy in the period 2002-2005 were discussed at a coordination meeting in July 2005 in Almaty.

361. A world-class National Maternity Centre with 500 beds is being opened this year in Astana, thus making it easier for women and children to have access to the best available medical care.

362. The construction of a National Children’s Rehabilitation Centre in Astana with 300 beds has begun in response to the urgent need for rehabilitative care of children with special needs.

363. National medical facilities that specialize in the treatment of mothers and children (the National Maternal and Child Health Research Centre, the Paediatric Surgery Research Centre, the Aksai National Children’s Infirmary and the Alatau Children’s Sanatorium) are provided with up-to-date medical equipment.

364. Issues relating to child health and health services are described in paragraphs 254-303 of the initial report on the implementation of the Convention, considered in 2003.

Social security and childcare services and facilities
(art. 26 and art. 18, para. 3)

365. Kazakhstan attaches particular importance to article 26 and article 27, paragraph 3, of the Convention, and to the Committee’s recommendations on child and family welfare contained in paragraphs 26-28 and 51-53 of its concluding observations.

366. Child welfare is addressed under the following statutes: Special State Benefit Act; State Disability and Survivor Benefits and Old-Age Pensions Act; Social Protection of Persons with Disabilities Act; Act on Social, Medical and Educational Support for Children with Special Needs, Mandatory Social Insurance Act, Employment Act, Labour Act, Labour Safety and Labour Protection Act, Targeted State Social Assistance Act, State Family Benefits Act.

367. Assistance for large families is provided under the terms of the Special State Benefit Act.

368. Mothers with numerous children who have been awarded gold or silver pendants or were previously awarded the title “Heroine Mother”, holders of the Order of Glorious Motherhood (Classes I or II), and families with four or more minor children living together (including children in full-time education at institutes of higher or secondary vocational education - from the age of majority to the completion of their studies) are entitled to a special State benefit equivalent to 3.9 times the notional monthly unit (4,017 tenge).

369. Under the Targeted State Social Assistance Act, large families whose income falls below the poverty line receive targeted social assistance in respect of each family member. The amount of the targeted assistance is the difference between the per capita income and the poverty line (a separate calculation is made for each family member) in the provinces and the Astana and Almaty metropolitan areas.

370. On 1 January 2006, 62.6 per cent of recipients of targeted social assistance were children under 18, an increase on the comparable proportion of 61.8 per cent over the same period in 2004. In view of this increase in the proportion of children among targeted welfare recipients, the proportion of recipients who care for children increased from 13.8 per cent on 1 January 2005 to 14.3 per cent on 1 January 2006.

371. In his message to the nation on 18 February 2005, the President launched a programme to extend the scope of social reforms for 2005-2007. The programme envisages improvements in social welfare arrangements that will make a difference to virtually every family in Kazakhstan. As a consequence, the State Family Benefits Act, which aims to protect mothers and children and provide State assistance to low-income families, was adopted on 28 June 2005. The Act stipulates that, in addition to the payment of a lump-sum State maternity benefit equivalent to 15 times the notional monthly unit, which since 2003 has been paid irrespective of size of personal or family income, two additional kinds of child benefit will be introduced:

− From 1 January 2006, child benefit for every child under 18 payable to families with an average per capita income lower than the cost of the consumer goods basket. The benefit is equivalent to one notional monthly unit, payable every month for each child (1,030 tenge in 2006);
− From 1 July 2006, a childcare allowance for children under 12 months, payable every month irrespective of family income.

372. Childcare allowances are, however, differentiated according to birth order:

− First-born child - 3 notional monthly units;
− Second-born child - 3.5 notional monthly units;
− Third-born child - 4 notional monthly units;
− Fourth-born and subsequent children - 4.5 notional monthly units.

373. The amount of the benefits depends on the State’s economic circumstances and will vary according to the notional monthly unit ratified in the National Budget Act for the financial year in question.

374. To ensure implementation of the State Family Benefits Act, in 2006 the Government made provision for 6.5 billion tenge in child benefit, 6.3 billion tenge in childcare allowances and 4.3 billion tenge in maternity benefit.

375. With a view to implementing article 3, paragraph 3, of the Convention, Kazakhstan has inaugurated 90 home-visitor social assistance units attending to more than 10,000 disabled children. Within the education system, attention is being given to the development of a network of psychological, medical and educational guidance centres, rehabilitation centres, and remedial clinics designed to promote the medical and social rehabilitation and fullest possible development of children with serious health impairments.

376. Kazakhstan has 18 paediatric medical/social institutions including 17 for mentally handicapped and one for physically handicapped children that care for 2,988 disabled children, including 737 orphans and children deprived of parental care. The Government is taking steps to increase the amount it spends each year on the care of disabled children. Accordingly, the State spent 231,000 tenge per resident in 2003 and 286,700 tenge in 2004.

377. In order to implement article 23 of the Convention, a new Social Protection of Persons with Disabilities Act was adopted in April 2005. This Act clarifies and codifies the main areas of government policy on the social welfare of disabled people. It specifies that disabled people have the right to social welfare, integration in society, access to information, education, freedom to choose their occupation depending on health status, free medical care, vocational training and career development, restoration of employability and work placement. The Act also lays down rules on specific aspects of the medical, social and vocational rehabilitation of people with disabilities.

378. Under Government decision No. 1276 of 6 December 2004 supplementing Government decision No. 1188 of 11 November 2002, an entry quota to secondary and higher vocational education has been established for category I and II disabled persons, persons disabled from childhood and children with disabilities. For orphans and children deprived of parental care, the quota is 0.5 per cent of all entrants, or 1 per cent of the approved State education quota.

379. Disabled people in higher education, secondary vocational education or benefiting from State education quotas or grants are entitled to bursaries under Kazakh law. Under the Rules on awarding and paying State bursaries to certain categories of students, approved by Government decision No. 1903 of 10 December 1999, blind or deaf students and candidates for master’s degrees in higher vocational education and blind or deaf students in secondary vocational education receive, in addition to the State bursary, a top-up allowance equivalent to 75 per cent of the value of the basic grant.

380. Students and candidates for master’s degrees in higher vocational education and students in secondary vocational education whose disability results from injury, concussion, trauma or illness sustained in combat or in the performance of other military service obligations, the Chernobyl or other nuclear accidents at civilian or military facilities, nuclear weapons testing, or whose disability is genetically linked to the fact that one of their parents was exposed to radiation, are entitled to a top-up allowance equivalent to 50 per cent of the value of the basic grant.

381. Under the Rules on the provision of prosthetic and orthopaedic appliances and assistive devices to disabled children under 18, approved by Government decision No. 754 of 20 July 2005 regulating certain matters pertaining to the rehabilitation of disabled persons, such appliances and devices are made available on the basis of a public contract subject to government procurement legislation.

382. As a result of these measures, in recent years funding for the purchase of prosthetic and orthopaedic appliances and hearing aids has increased significantly. Thus, in 2002, 143.2 million tenge of public money was used to purchase prosthetic and orthopaedic appliances for disabled people, and 91.9 million tenge was allocated for the purchase of hearing aids. The comparable figures for 2005 were 444.9 million and 221.4 million respectively.

383. In 2004 a total of 8,678 people, including 1,536 disabled children, benefited from prosthetic and orthopaedic appliances and hearing aids. In 2005 more than 9,000 benefited, including 1,200 disabled children.

384. Under the programme for the rehabilitation of disabled persons for 2002-2005, the medical and social assessment service has been reorganized, the network of residential social service institutions and home-visitor social assistance units has been extended, the supply and quality of assistive devices for disabled people has increased, and arrangements are being made for disabled access in public places.

385. By its decision No. 17 of 6 January 2006, the Kazakh Government approved the programme for the rehabilitation of disabled persons for 2006-2008. The programme envisages improvements in the disability prevention system; it includes a series of measures to prevent physical, mental and sensory impairments (primary level prevention) and to stop handicaps from becoming a permanent functional restriction or disability (secondary level prevention).

The programme includes the following elements:

(1) Early enhanced-quality screening of women at antenatal and obstetric clinics and
of young children in order to detect abnormalities at an early stage;

(2) Evaluation of workplaces to ensure compliance with health and safety
regulations;

(3) Creation of a database of persons with disabilities.

386. In accordance with the plan of action to implement the programme for the rehabilitation of disabled persons for 2002-2005, the Ministry of Labour and Social Protection developed and began to phase in the equipment and software necessary to create a centralized database of persons with disabilities.

387. With a view to implementing the Committee’s recommendations in paragraphs 52 and 54 (b) of its concluding observations, in December 2004 the Kazakh authorities submitted amendments and additions to the State Disability and Survivor Benefits and Old-Age Pensions Act (No. 126) of 16 June 1997. The Act is being updated to include children under 18 in the category of disabled children entitled to disability benefits. Pursuant to the Special State Benefit Act, disabled children under 16 are entitled to a benefit equivalent to 0.9 times the notional monthly unit (927 tenge), category I and II disabled children aged between 16 and 18 are entitled to 1.4 times the notional monthly unit (1,442 tenge) and category III disabled children in this age range receive 0.6 times the notional monthly unit (618 tenge). The amount of the benefit varies every year in line with the notional monthly unit approved under the National Budget Act for the financial year in question.

388. In accordance with the Act on Social, Medical and Educational Support for Children with Special Needs, units are being established to provide homebased social assistance to families with disabled children. The main tasks of these units are to identify disabled children who need outside care, impart social skills and selfsufficiency to them, organize recreational activities, train parents and family members in communicating with and caring for disabled children, and provide medical and legal advice. In 20032004, 90 such units were established, serving around 10,000 disabled children.

389. In order to implement article 26 of the Convention, the Mandatory Social Insurance Act was brought into force in Kazakhstan on 1 January 2005. The Act establishes the legal, economic and organizational framework for mandatory social insurance, which is one of the forms of social protection that the State provides for citizens.

390. One type of mandatory social insurance is survivor benefit insurance. The following family members have the right to be designated and receive survivor benefits in the event that a breadwinner who was insured under the mandatory social insurance scheme and was paying social contributions dies (is declared missing by a court, or is declared dead):

(1) Children, including adopted children, and brothers, sisters and grandchildren who

have not yet attained the age of 18 years or, if they are aged 18 years or over, became disabled prior to attaining that age. However, brothers, sisters and grandchildren may only receive survivor benefits if they do not have ablebodied parents or if they do not receive maintenance from their parents. If the persons who became disabled are studying at an institute of general secondary or initial vocational education or, on a fulltime basis, at an institute of secondary or higher vocational education, survivor benefits are paid until they complete their studies;
(2) A parent, spouse, grandfather, grandmother, brother or sister, irrespective of age

and capacity to work, if he (she) is caring for a child, brother, sister or grandchild of the breadwinner who dies (is declared missing by a court, or is declared dead) who has not yet attained the age of one and a half years.

391. Survivor benefits for a child who is deprived of parental care and whose parents were insured under the mandatory social insurance scheme and were paying social contributions are paid to the adoptive parent or guardian (trustee) in respect of each parent lost, in accordance with the legislation of Kazakhstan.

392. Survivor benefits for dependent family member (members) of a breadwinner who dies (is declared missing by a court, or is declared dead) are paid monthly for as long as the family member (members) remains (remain) eligible to receive them.

VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES

Education, including vocational training and guidance
(art. 28)

393. The right to education is guaranteed in the Constitution. In accordance with article 30 of the Constitution, secondary education is compulsory and is provided to citizens free of charge.

394. The national model of education includes four levels, corresponding to the International Standard Classification of Education recommended by UNESCO in 1997:

Preschool education and instruction;

Secondary education;

Higher vocational education;

Posttertiary vocational education.

395. Currently, there are more than 5 million children aged 018 in the Republic, including 1,508,000 preschoolage children and about 3 million schoolage children.

396. In the new conditions, the development of the education system is becoming a decisive factor in the country’s socioeconomic growth, and there is thus a high demand today for quality, relevant education. In response to this demand, Kazakhstan has adopted a State programme for the development of education for 20052010.

397. It is planned to allocate more than 330 billion tenge, that is, over US$ 2.5 billion, from the central budget for the programme’s implementation. This will allow for the enhancement of facilities and equipment at educational establishments throughout the country.

398. Serious attention is paid in the programme to access to preschool education.

399. The Government, by decision No. 1353 of 21 December 2004, approved Standard Rules for the activities of preschool organizations, which define the main types of preschool and their functions, and establish the procedure whereby parents pay for the maintenance of their children in State preschools. Parents of children with special needs and children who are in contact with tuberculosis sufferers are exempt from payment.

400. With a view to developing lowcost forms of preschool education, the Ministry of Education and Science issued order No. 441 of 27 June 2005, approving Standard Rules for the activities of fullday and partday preschool minicentres. Such centres may operate according to a flexible schedule of 2 to 7 days per week for between 2 and 10 hours per day, both in the morning and in the afternoon.

401. In order to extend the scope of preschool education reform, the Ministry of Education and Science, by order No. 410 of 14 May 2004, approved mandatory State standards for preschool education and instruction. The standards are creating the conditions for every child to receive the minimum required content in preschool; this is ensuring that children throughout the country receive equivalent preparation for their school studies and begin from a common starting point.

402. Currently, there are 1,283 preschools in Kazakhstan with 192,500 pupils. The network of preschools has grown by 127 units since 2003, and the number of pupils by 31,800. In 2005 alone, 102 preschools were opened 34 in urban and 68 in rural areas creating a total of 10,200 places. Since 2003, enrolment of preschoolage children in kindergartens has increased by an average of 4.1 per cent in Kazakhstan and now stands at 23.2 per cent. In urban areas, 36.4 per cent of children attend kindergartens (up 4.7 per cent) while, in rural areas, the figure is 6.7 per cent (up 2.2 per cent).
403. Preparation for school is compulsory for 5 to 6yearolds and is provided by 13,231 schoolpreparation classes and groups in the country. In the last three years alone, 1,187 schoolpreparation classes and groups have been set up by educational agencies within schools and kindergartens, with the result that the enrolment ratio among 5 to 6yearolds is now 72 per cent, compared with 63 per cent in 2003. In urban areas, 75 per cent of children are studying in schoolpreparation programmes (up 8 per cent) while, in rural areas, the figure is 68 per cent (up 11 per cent).

404. State funding for preschool education comes from two sources: the central budget and local budgets. Local budget expenditure on preschool education increased from US$ 30.7 million in 2003 to US$ 72.6 million in 2005. Average expenditure per pupil in preschools rose from US$ 181.2 in 2003 to US$ 430 in 2005.

405. The National Preschool Childhood Centre was established by Government decision No. 405 of 29 April 2005 to coordinate relations with relevant ministries, departments and local authorities, explain State policy on the provision of preschool education services, and provide quality scientific and methodological support for preschool education and instruction. Branches of the Centre have been opened in the cities of Almaty, Semipalatinsk, Qostanay and Shymkent to directly coordinate the activities of all actors in the preschool education system in the eastern, southern and northern regions of the Republic.

406. The State programme for the development of education for 20052010 defines kindergarten as a social institution that gives women the opportunity to work and provides support to socially vulnerable and lowincome families. In this connection, it is planned to develop a basic generaleducation schoolpreparation programme for 5yearolds and to restructure rural schools with a view to establishing “schoolkindergarten” complexes and preschool minicentres within them.

(Thousands of tenge)

407. Vocational training for teachers with pastoral responsibilities is being reformed in order to promote cooperation with families. Currently, educational standards are being developed for universitylevel teachertraining institutes and teachertraining colleges to ensure that students receive instruction in individually oriented and interactive teaching methods.

408. Under the State programme for the development of education for 20052010 it is planned to:

(1) Construct 164 preschools, thus creating 23,000 places (20082010);

(2) Create, within educational establishments, 800 preschool minicentres for a further 20,000 places (20082010);

(3) Open 380 rehabilitation and inclusive education offices to bring children with special needs into the preschool education system (20082010);

(4) Ensure that 75 per cent of 5yearolds attend a schoolpreparation institution with enhanced teaching methods, personnel, and facilities and equipment.

409. Efforts are continuing to create the conditions necessary for the realization by every child of the right to appropriate, quality education.

410. In the 2003/04 academic year, there were 7,925 general-education schools in Kazakhstan (not including specialized educational establishments for children with special needs), including 3,687 (44.6 per cent) with Kazakh as the language of instruction, 2,231 (26.7 per cent) with Russian, 80 (1 per cent) with Uzbek, 14 (0.2 per cent) with Uigur, 3 (0.03 per cent) with Tajik, 1 with Ukrainian and 2,243 (26.1 per cent) with more than one language of instruction.

411. A pressing issue in primary education is continuity, which ensures that the interests of pupils are respected and helps the youngest pupils to adjust successfully to school studies.

412. In 2005, in order to create the conditions necessary for the education and instruction of children, 6 billion tenge was allocated from the central budget for the construction of 44 rural schools with a planned capacity of 21,900 places, and 23 schools were put into operation, at a cost of 4,212 million tenge. Thirty-two schools, providing 7,600 places, were built with funding from local budgets, at a cost of 3,472 million tenge.

413. Significant progress has been made in enhancing the facilities and equipment of State rural educational establishments. For example, in 2005, 3,480 million tenge was allocated from local budgets for this purpose, or 72.6 per cent of the total amount allocated across the Republic.

414. Of this sum, 1,903 million tenge was allocated to purchase equipment for 285 physics, chemistry and biology laboratories in rural establishments, 149,400 tenge to purchase 2,661 items of school furniture, and 1,427 million tenge to purchase sports equipment, computer laboratories, studies, language and multimedia laboratories, woodworking equipment and hearing devices.

415. As part of the European Union project entitled “Vocational education and training linked to small and medium enterprise (SME) development in Kazakhstan”, which is aimed at strengthening the resources of vocational schools (lycées), 25.6 million tenge was allocated to Almaty province, 6.9 million tenge to East Kazakhstan province, 7.4 million tenge to Qostanay province, 37.1 million tenge to Mangistau province, 5.9 million tenge to Pavlodar province, 9.9 million tenge to North Kazakhstan province and 33.9 million tenge to South Kazakhstan province.

416. In order to provide schools with highly qualified teachers trained under the new system, enhance the status of the teaching profession and ensure educator support for the reforms of secondary education, the Head of State in his message to the nation in March 2004 gave instructions for the allocation of 5,000 grants (in addition to the 3,000 already available) for training educational specialists for the 12-grade school system and upgrading teachers’ skills.

417. Efforts are being made to enhance social support for students:

− In 2005, an additional 1,000 individual grants were made available by the President of the Republic for students in higher education;
− Grants have been increased by an average of 78.7 per cent compared with 2004 and now amount to 5,147 tenge for college students, 6,434 tenge for undergraduates and candidates for master’s degrees, and 11,652 tenge for interns. The Presidential grant for students is worth 12,868 tenge;
− In colleges and institutes of higher education, travel expenses will be paid for students benefiting from the State education quota;
− The number of education grants has been increased, and second-tier banks have begun to provide student loans;
− Since 1 September 2005, students previously receiving State education credits have benefited from State education grants.

418. The President’s targeted international scholarship programme “Bolashak” has been implemented for more than 10 years; the programme is aimed at enabling the most gifted young people to study the specialized subjects most necessary to the country in the best foreign institutes of higher education. The “Bolashak” scholarship, presented in the name of the President, is one of the highest degrees of recognition of a young person’s ability, and requirements for candidates are therefore high.

419. Since 1994, 2,556 of the most gifted young Kazakh citizens have received “Bolashak” scholarships.

420. In 2005, on instructions from the Head of State, the number of scholarships under the “Bolashak” programme was increased to 3,000: along with candidates for master’s and doctor’s degrees, bachelor students will also be taught in leading foreign institutes of higher education.

421. The range of countries covered by the “Bolashak” programme has been broadened substantially. Kazakh citizens will also be sent to countries in Eastern Europe (Hungary, Poland, the Czech Republic and others) and to Asia and Oceania (China, Singapore, the Republic of Korea, Malaysia, Japan, Australia and New Zealand).

422. Issues concerning access to education, including vocational training and guidance are reflected in paragraphs 304-334 of the initial report on the implementation of the Convention, considered in 2003.

Aims of education
(art. 29)

423. The main aim of education in Kazakhstan is to improve the quality of human resources training and satisfy the needs of the individual and society.

Other aims of education are reflected in paragraphs 335-337 of the initial report on the implementation of the Convention, considered in 2003.

Leisure, recreation and cultural activities
(art. 31)

424. In order to fulfil article 31 of the Convention, steps are being taken to guarantee the right of the child to rest and leisure and to full participation in cultural life and the arts.

425. This right is realized primarily through a network of extra-curricular organizations: recreation and community halls, centres and complexes, children’s and young people’s arts workshops, centres and facilities for young technicians, tourists and naturalists, music and sports schools for children, art schools, special-interest clubs, and sports, health and holiday camps, etc.

426. In the Republic today, there are 586 extra-curricular organizations, 216 of which are in rural areas, as well as more than 500 backyard clubs, over 5,000 sports centres and 8,500 sports grounds.

427. Around 50,000 different hobby groups, workshops and clubs are run in more than 7,000 general-education schools providing supplementary education programmes in different areas of learning and in the arts to approximately 40 per cent of schoolchildren, in addition to the basic education programmes.

428. There are 297 organizations providing extended arts education (folk crafts centres, creative workshops, studios, art schools, music schools and others). Such organizations promote the development of creativity, early vocational direction and autonomy among children, and the acquisition by children of the rudiments of their future vocational education.

429. In recent years, children’s access to the arts has been expanded owing to the creation of suitable conditions in educational establishments: lycées, gymnasiums, secondary generaleducation schools, schools with extensive teaching of the arts, and specialized artistic classes.

430. Councils of directors of extra-curricular organizations have been established in order to further develop this trend, as well as to devise an arts education strategy and to coordinate the efforts of the relevant departments and organizations.

431. In order to develop children’s interest in scientific and technical fields, there are 14 centres for young technicians in the Republic, catering to over 7,000 children.

432. Technical hobby groups are frequented by boys for the most part; this distracts them - especially those children displaying delinquent behaviour - from negative surroundings and bad habits.

433. Supplementary education in environmental biology is provided through 18 young naturalists’ centres and environmental-biology facilities (covering more than 11,000 children) focusing on environmental protection and scientific research.

434. The environmental issues emerging throughout the world - protection of woodland, cleaning of rivers and other water bodies, care of flora and fauna - all require a shift in consciousness among the rising generations; refining the activities of institutions providing supplementary education for children in the field of environmental biology will allow leading scientists and specialists to become involved in working with children.

435. There are more than 130 sports organizations in the Republic covering more than 80 types of sport that promote children’s physical development, educate them about healthy lifestyles and train the country’s young athletes. More than 17,000 sports clubs are run in general-education schools, catering to more than 450,000 children.

436. Over 800,000 children each year participate in various tourism and local-history programmes for pupils, such as “Atameken”, “Bolashak”, “Zhas Urpak” and “Shugyla”.

437. History and culture, feats of arms and stories of compatriots, ancestral and folk arts - all of these subjects and many more besides will feature in children’s education, as inspiration for their social, personal and intellectual development and for their education as patriots of their

homeland. Educational sightseeing and local-history activities are offered by nine centres for young tourists and by hundreds of tourist centres and pupils’ clubs in educational establishments of all shapes and sizes.

438. Over 200 centres and clubs for young paratroopers, parachutists, border guards and sailors provide supplementary education to more than 20,000 children.

439. Great importance is attached in the Republic to developing children’s social initiatives. Today, Kazakhstan has more than 200 children’s associations, reaching about 600,000 children.

440. There are 542 backyard clubs that organize recreational activities for children and young people in education, particularly adolescents in difficulty.

441. In 2005, there were approximately 300 countryside camps, more than 6,000 camps attached to schools, 80 sanatorium-type camps, 230 tented camps, 6 year-round camps, 870 specialist camps and 100 debating and other camps providing leisure and health activities for children during the summer holidays. In the same year, 1.5 billion tenge was allocated for the organization of summer leisure activities for children, including 800 million tenge for children from low-income families.

In addition to this sum, 30 million tenge was earmarked from the central budget for leisure and health activities for children in rural areas.

442. Currently, more than 12,000 persons, 1,000 senior youth leaders, 284,000 class teachers and 900 psychologists are working in extra-curricular organizations that provide supplementary education.

443. The necessary legal and regulatory framework has been put in place for organizing the activities of extra-curricular organizations, and scientific and practical conferences, seminar/meetings, round tables and other such events are held on that theme.

444. Issues relating to the organization of leisure, recreation and cultural activities for children are covered in paragraphs 338-344 of the initial report on the implementation of the Convention, considered in 2003.

IX. SPECIAL PROTECTION MEASURES

Refugee children
(art. 22)

445. The work of the government bodies dealing with the problem of refugees is governed by the Migration Act and the Convention relating to the Status of Refugees (1951) and its Protocol (1967).

446. As at 1 January 2006, 674 refugee families were officially registered in the Republic. Refugee status is granted for one year, after which it is reviewed and extended, or extension is denied. Those granted refugee status come mainly from Afghanistan (664 persons, including 265 children - 148 boys and 117 girls - aged up to 16 years).

447. Social assistance to refugees is provided under the programme of the Office of the United Nations High Commissioner for Refugees (UNHCR) in Kazakhstan, through the Red Crescent Society and the Children’s Fund of Kazakhstan.

448. The following civic associations have been established in the city of Almaty: the Afghan Cultural Centre, the Association of Afghan Women Refugees and the Alliance of Afghan Women Refugees. More than 60 pupils are studying at the Afghan school, and 25 children aged 3-5 attend the kindergarten for Afghan children.

449. In accordance with the requirements of the Code of Administrative Offences, refugees’ compliance with the rules on their stay is constantly monitored, and monthly consultation meetings are held with representatives of civic organizations on issues relating to the legal protection of refugees.

450. The main challenges relating to the rights of refugee children in the Republic are to create the conditions for their settlement and adaptation and to provide them with assistance in the sociocultural, educational and health-care fields.

451. The legally enshrined right of refugee children to education is not fully realized because refugee families are often dispersed and are obliged to change their place of residence frequently, which quite often happens during the academic year.

452. Tajik families present great difficulties with respect to registration and often see no benefit in educating their children, particularly the girls. The children are forced to earn their living by working in markets.

The majority of refugee children study in general-education schools, while a smaller number study at lycées and colleges.

Higher education is practically impossible for refugee children because of the high tuition fees. There have been only a few cases in which children leaving general-education schools have been able to continue their studies at institutes of higher education in Kazakhstan.

453. Issues relating to preschool education and instruction for children from refugee families have been addressed in the Education for All National Action Plan for the Period up to 2015. Ensuring conditions for equal access to education by children from refugee families is defined as a medium-term goal for 2005-2010.

454. In the 2005/06 academic year, 44,548 repatriate children were studying in the Republic’s general-education schools, including 15,053 in the elementary grades, 22,910 in the foundation grades and 6,553 in the higher grades, as well as 32 children with disabilities. The majority of these children lived in South Kazakhstan (8,180), Almaty (8,027), Qaraghandy (5,498), Aqmola (6,622), Zhambyl (4,685) and Pavlodar (1,301) provinces. According to the data of the provincial educational administrations, all school-age repatriate children (44,516) are currently enrolled in school, with the exception of 32 children with disabilities.

455. Of the 1,492 repatriate teachers who have come to the Republic, 1,398 have been placed in jobs. Courses have been organized to upgrade their skills.

456. Issues relating to refugee children are addressed in paragraphs 345-364 of the initial report on the implementation of the Convention, considered in 2003.

X. CHILDREN INVOLVED WITH THE SYSTEM OF
ADMINISTRATION OF JUVENILE JUSTICE

Administration of juvenile justice
(art. 40)

457. Under Kazakh legislation, court proceedings involving minors are conducted in accordance with general procedure, with certain procedural departures to safeguard the rights of this group of persons. In particular, article 492 of the Code of Criminal Procedure stipulates that the parents or other legal representatives of a juvenile defendant must be present during proceedings in a case. They have the right to participate in the judicial examination of evidence, to testify, to present evidence, to file petitions and pleas, and to lodge complaints about the actions or decisions of the court.

458. Additional protection mechanisms for children in criminal law include:

The existence of a separate chapter of the Criminal Code, Chapter 2, entitled “Offences against the family and against minors”, and of a large number of elements stipulated in other chapters and articles of the Code to be indicia of offences against minors;

Recognition of the special status of minors;

Establishment of a minimum age for criminal responsibility;

Non-imposition of capital punishment or life imprisonment on minors;

Inclusion of minority as one of the factors mitigating guilt;

The existence of a separate section of the Code concerning criminal responsibility of minors, which provides for:

Imposition of compulsory re-education measures as an alternative to criminal penalties;

A more limited list of penalties;

A more favourable system for calculating the statute of limitations and the period before which a conviction expires;

Reduced sentences.

459. Issues relating to the administration of juvenile justice are dealt with in paragraphs 365384 of the initial report on the implementation of the Convention, considered in 2003.

Children deprived of their liberty, including any form of detention, imprisonment
or placement in custodial settings (art. 37 (b) to (d))

460. Kazakh legislation governs the right of citizens, and especially minors, to liberty and inviolability of the person.

461. Domestic legislation has been expanded and refined in accordance with the principles and norms of international law and treaties. This is described in paragraphs 385-397 of the initial report on the implementation of the Convention, considered in 2003.

462. According to the data of the Legal Statistics Committee and the special registers maintained by the Office of the Procurator-General, about 7,000 juvenile offenders are identified each year, of whom almost half are criminally prosecuted. Furthermore, in recent years, there has been an increase in the number of detected offences committed by juveniles: from 6,614 in 2003 to 7,948 in 2004 and 4,389 in the first six months of 2005.

463. In the past eight years, more than 70,000 minors across the Republic, including 10,796 officially registered in children’s homes and residential schools, have been placed in centres for temporary isolation, adaptation and rehabilitation of juveniles (CITARJ) on account of neglect or homelessness.

464. The centres, which operate under the Ministry of Internal Affairs, are writs of the internal affairs agencies; their activities are governed by article 11 of the Act on the Prevention of Juvenile Delinquency, Child Neglect and Homelessness.

465. The main tasks of the centres are: prevention of juvenile delinquency, neglect and homelessness, and identification and elimination of their causes and of conditions that contribute to them; accommodation, social adaptation and rehabilitation of juveniles; placement of juveniles in special educational establishments and educational establishments with a special custodial regime; and adoption of other measures for the placement of the children and adolescents in their care.

466. The following categories of juvenile may be placed in CITARJ, in accordance with established procedure: minors who commit acts injurious to the public before attaining the age of criminal responsibility; minors who are accused of committing offences and, owing to the living conditions and circumstances of their upbringing, cannot continue to live in their former place of residence; minors who are sent to special educational establishments or educational establishments with a special custodial regime; minors who are neglected or homeless, pending identification of their parents or other legal representatives; minors who are without the care of a parent or guardian and cannot be placed temporarily; and minors who are removed from their parents by the agencies of tutorship or guardianship because of a direct threat to their lives or health.

467. The staffing of such centres is regulated by order No. 708 of the Ministry of Internal Affairs of 25 December 2004, which provides for posts of psychologist. The psychologists are tasked with the social rehabilitation and adaptation of the children placed in the centres. In order to ensure continuity of learning, teachers are assigned to the centres to conduct lessons for the children following the curriculum used in general-education schools.

468. Pursuant to the Act on Procedures and Conditions for Holding Persons Suspected or Accused of a Crime in Custody, efforts are being made to create appropriate conditions of detention in temporary holding facilities.

469. Improved material, living and other conditions are being established for juveniles suspected or accused of a crime who are held in custody: they are given at least two hours’ exercise daily and receive visits from their parents and relatives.

470. Payphones have been installed in all young offenders’ institutions. Convicted juveniles may make an unlimited number of 15-minute calls.

471. Convicted juveniles held in young offenders’ institutions undergo annual preventive check-ups by doctors with particular specialities - general practitioners, surgeons, psychiatrists, oculists and dermatologists - and mandatory twice-yearly fluorographic examination of the thoracic organs.

472. The Committee on the Penal Correction System of the Ministry of Justice, by its order No. 69 of 6 May 2005, approved Rules for the conduct of annual summer sports and athletics meetings for convicted persons serving their sentences in correctional institutions.

473. Juveniles with no general secondary education study in five general-education schools established within correctional institutions.

474. The main tasks of these schools are to offer secondary education and to provide convicted persons who do not have a profession (trade) with initial vocational education.

475. The educational activities of schools established within correctional institutions are subject to licensing, in accordance with Kazakh licensing laws.

476. The Rules for the operation of general-education and vocational schools in correctional institutions of the penal correction system were approved by joint order No. 180 of the Ministry of Justice of 3 September 2003 and No. 582 of the Ministry of Education of 29 August 2003.

477. This order takes account not only of penal enforcement legislation but also of the standards contained in the Civil Code (General Part), the Education Act and other Kazakh laws and regulations.

478. Minors who commit offences and are deprived of their liberty serve their sentences in one of Kazakhstan’s four young offenders’ institutions.

479. Issues relating to social and material provision for juveniles are regulated by Government decision No. 889 of 2 September 2003 approving standards for the nutrition free of charge of persons suspected or accused of a crime, including pregnant women and women accompanied by children, category I and category II disabled persons and minors, and for the nutrition and the material and living conditions of convicted persons, and ratifying the Rules on the provision of assistance to convicted persons released from serving their sentences.

480. In order to implement the Convention’s provisions, the Committee on the Penal Correction System of the Ministry of Justice is cooperating with international organizations and NGOs (the Kazakh Criminological Association, the Kazakhstan International Bureau for Human Rights and the Rule of Law, the Sandzh Research Centre foundation and others) on issues relating to the observance of human rights, including those of minors.

Prohibition of torture, violence or other cruel, inhuman or degrading treatment or punishment and of capital punishment and life imprisonment (art. 37 (a))

481. Projects entitled “Children requiring special protection measures”, “Reducing harm to and exploitation of children” and “Teaching non-violent behaviour to young and older children” are being implemented under the country cooperation programme with UNICEF (Central Asian Republics and Kazakhstan (CARK)) with a view to teaching non-violent behaviour in respect of children.

482. The results of these projects showed that there is a need to develop a special course to teach children and adults constructive, non-violent forms of behaviour based on respect for the individual.

483. Accordingly, it is planned to introduce in the Republic’s educational establishments a special course entitled “Life skills: non-violent behaviour and cooperative skills”.

484. Issues relating to the prohibition of torture, violence or other cruel, inhuman or degrading treatment or punishment and of capital punishment and life imprisonment are covered in paragraphs 398-400 of the initial report on the implementation of the Convention, considered in 2003, and are also addressed in the sections of the present report entitled “Right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and “Abuse and neglect, including physical and psychological recovery and social reintegration”.

Economic exploitation of children, including child labour
(art. 32)

485. With a view to implementing article 32 of the Convention, Kazakhstan acceded to the International Labour Organization (ILO) Convention concerning Minimum Age for Admission to Employment (Convention No. 138), of 1973 (ratified by Act No. 116 of 14 December 2003), and the ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention No. 182), of 1999 (ratified by Act No. 367 of 26 December 2002).

486. Kazakh legislation restricts child labour and provides for criminal and administrative responsibility for involving children in the worst forms of child labour.

487. In accordance with article 11 of the Labour Act, individual labour contracts may be concluded with persons who have attained the age of 16 years. The admission to employment of persons aged 15 years who have undergone secondary education or have left a general-education institution is permitted only with the written consent of their parents or of a guardian. Individual labour contracts may, with the consent of a parent or guardian, be concluded with pupils who have attained the age of 14 years to perform, during spare time from studying, work that is not harmful to health and does not disrupt their studies. The above-mentioned article bans the engagement of persons under age 18 for heavy physical work or work involving unhealthy or dangerous working conditions.

488. Pursuant to articles 49 and 54 of the Labour Act, employees under age 18 and women with children aged up to 7 years may not perform overtime work. In addition to the rest and lunch break, women employees with children aged up to one and a half years are given breaks of at least 30 minutes every three hours in order to nurse their children. Where a woman has two or more children aged up to one and a half years, the additional break must be of at least one hour’s duration. Nursing breaks are counted as working hours and are paid.

489. Article 15, paragraph 1, of the Labour Safety and Labour Protection Act also prohibits the employment of persons under age 18 for heavy physical labour or in harmful (extremely harmful) or hazardous (extremely hazardous) working conditions.

490. A list has been approved - by order No. 45-p of the Ministry of Labour and Social Protection of 15 February 2005 - of workplaces and trades involving heavy physical labour and harmful (extremely harmful) or hazardous (extremely hazardous) working conditions in which the employment of persons under age 18 is prohibited.

491. During the reporting period, there has been progress with respect to the labour, employment and social protection of minors. Kazakhstan has acceded to the main international conventions, has studied existing international recommendations and has regulated many issues in its domestic legislation.

492. Kazakh legislation defines issues of legal personality under labour law, the main age requirements for the employment of children, various sorts of protective measures, and restrictions on children’s work.

493. The protection of child labour is enshrined in the Labour Safety and Labour Protection Act, of 28 February 2004. This law prohibits the admission of minors to employment that is harmful to health.

494. The main measures for preventing and suppressing the involvement of minors in the worst forms of child labour are the checks carried out by the State labour inspectors of the Ministry of Labour and Social Protection to ensure that firms are complying with labour law.

495. The worst forms of child labour - forced labour, trafficking of children, and involvement of minors in prostitution or other illicit activities - are prohibited under the legislation currently in force in Kazakhstan.

496. Special provisions have been established to regulate labour relations and pay for ablebodied citizens serving sentences involving deprivation of liberty. Persons serving sentences in young offenders’ institutions have the right to annual paid leave of at least 18 calendar days.

497. The issue of the employment of children on peasant and individual farms requires further study.

498. The general population, parents and working children themselves are ill-informed about the regulation of labour relations. Many families (parents) are unaware of the labour rights provided for children in Kazakhstan’s labour laws.

499. There are cases in which very young children are employed as market traders in place of their parents, relatives or friends or in the transportation, loading and unloading of goods within markets.

500. Taking into account these and other issues in the sphere of children’s employment, the Ministry of Labour and Social Protection, the Ministry of Education and Science, the Ministry of Internal Affairs, the Ministry of Culture and Information, the Ministry of Health, the Federation of Trade Unions and the Employers’ Confederation have signed a joint action plan within the framework of the ILO regional project to eradicate the worst forms of child labour and with a view to implementing ILO Convention No. 182 in Kazakhstan. This document covers a threeyear period (2005-2007) and includes a plan of measures with time frames for their implementation.

The priorities identified in the action plan are the conduct of research into the situation with respect to child labour in the main economic sectors and geographical regions of the country, and the raising of awareness and dissemination of information about issues relating to the eradication of the worst forms of child labour at the national and regional levels.

501. Economic exploitation of children, including child labour, is discussed in paragraphs 403-411 of the initial report on the implementation of the Convention, considered in 2003.

Sexual exploitation and sexual abuse
(art. 34)

502. Kazakhstan has ratified the Convention on the Rights of the Child and the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.

503. Under Kazakh law, sexual exploitation and sexual abuse of minors are prosecutable offences, and having sexual relations with a minor under 16 is punishable by a lengthy prison term.

504. Article 133 of the Criminal Code prohibits trafficking in children and establishes a penalty of 5-12 years’ deprivation of liberty. When such actions lead to the death by negligence of the minor or other serious consequences, they carry a penalty of 12-15 years’ deprivation of liberty.

505. It must be acknowledged that, while there is a legislative mechanism in the country for prosecuting persons who exploit minors, the penalties established under the Criminal Code are rarely enforced. In 2002 and 2003, four cases of child trafficking were recorded. In November 2004, two cases were recorded, involving the sale of six young girls.

506. The Scientific Research Institute for Social and Gender Studies of the Kazakh State Women’s Pedagogical Institute, working with the Gender in Development Bureau of UNDP, has carried out an expert study entitled “Human trafficking in the context of globalization”. The study was included in the materials prepared for an international round table devoted to gender problems encountered during the transformation of Kazakh society. The Institute has also prepared recommendations for the Government on ways of preventing trafficking and sexual exploitation.

507. To strengthen the moral foundations of education and protect the reproductive health of the rising generation, the Government by its decision of 21 November 2001 approved a Policy on Framework for moral and sex education in the Republic of Kazakhstan.

508. “Ethics and the psychology of family life” has been introduced as a compulsory subject in the country’s educational establishments. The curricula used for teaching biology and specific subjects such as valeology (health sciences), life sciences and safe lifestyles encompass training in health and hygiene and in child rearing.

509. Since 2005, an age-specific health programme for young and teenage girls, “Be yourself, be a star”, has been introduced at all the country’s educational establishments.

510. To prevent violence against girls, educational establishments hold moralandsex
education months and health days for young and teenage girls, during which pupils meet with personnel from the police and the Prosecutor’s Office and with health-care professionals. Lectures are now commonly given on the following topics: “Modesty and loose behaviour”, “Honour in girlhood”, “The harm done by early sexual relations and its consequences”, and “The effects of alcohol and nicotine on a girl’s body”. In vocational schools and colleges in Aqmola, Almaty, Pavlodar, Qaraghandy and other provinces, lectures are given as part of a teaching programme for girls aimed at preventing violations of the law, including violence; these lectures address topics such as “The health of women is the health of the nation”, “What is trafficking?”, “Work overseas: genuine, or a lure?” and “If you find yourself in trouble”.511. However, despite such measures, there are still alarming levels of violence against women and human trafficking, resulting in rape, forced cohabitation and prostitution. Commercial sex, in which women and minors are treated as a commodity, has become widespread. According to experts, over 50 per cent of women in Kazakhstan have at least once been subjected to physical and sexual abuse. Cases in which women are trafficked under the guise of work overseas have become commonplace. In recent years over 2,000 rapes have been reported, with only a negligible number of cases reaching the courts.

512. As part of the implementation of the plan of action to combat and prevent offences involving trafficking in persons for 2004-2005, certain measures are being taken to eliminate existing forms of violence and human trafficking. These include public awareness campaigns and the development of advisory services.

513. State bodies and organizations are continuing to work with international organizations, NGOs and trade unions to study the problem of human trafficking, especially trafficking in women and girls, and the provision of urgent assistance to female victims of violence and

trafficking. Such assistance includes medical care, therapy to deal with psychological trauma, legal aid (provided free of charge or for an affordable fee, with due respect for medical confidentiality), and the development of special rehabilitation programmes for victims of the sex trade.

514. In connection with the recommendations adopted by the Committee at its forty-first session relating to the implementation in Kazakhstan of the provisions of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in particular concerning the need to improve the coordination of the work of government bodies, in March 2006 a regional seminar was held in Kazakhstan on “Cooperation between the judicial and law enforcement agencies and local authorities, NGOs and the media in preventing and combating human trafficking”.

In order to raise awareness of the recommendations made by the Committee at its fortyfirst session and the measures taken to give effect to them, there are plans to carry out a major public awareness campaign in the media on issues related to child prostitution, child pornography and the sale of children.

515. Questions relating to the sexual exploitation and sexual abuse of children are covered in paragraphs 422-429 of the initial report on the implementation of the Convention, considered in 2003.

Drug abuse
(art. 33)

516. A strategy for combating drug abuse and the drug trade for 2006-2014 was approved by Presidential decree No. 1678 of 29 November 2005. The Strategy was drawn up to provide for the further development of Kazakh society and to ensure the guarantee of the rights, freedoms and lawful interests of the country’s citizens.

517. In order to address problems relating to drug abuse, the Ministry of Internal Affairs has established a Committee to Combat the Drug Trade, with local offices in the country’s regions. The Committee coordinates the activities of State and local bodies, NGOs and children’s and youth movements.

518. There are currently over 52,000 drug users officially registered in the country, including 27,000 under 30 years of age and more than 4,000 children between the ages of 14 and 17. Medical and social services for juvenile drug and substance users have been set up at drug treatment centres throughout the country. Preventive rehabilitation programmes have been drawn up and introduced, drug treatment units have been established and confidential helplines have been set up.

519. The Committee to Combat the Drug Trade holds conferences, round tables, meetings and training seminars for social workers, specialists working with children, volunteers and leaders of youth organizations who must deal with the increasing problem of drug abuse among young people.

520. In December 2005, a scientific and practical conference entitled “Current problems in combating illegal trade in narcotic drugs and psychotropic substances” was held at Central Asian University.

521. In 2005, a country-wide youth initiative known as “Igla” (“Needle”) was carried out in all the country’s cities. It included national competitions for visual aids (banners, posters, signs, etc.) produced by young people. Regional youth movements were set up under the slogans “Drug abuse: A threat to Kazakhstan’s future” and “For a drug-free future”.

522. In all regions, information on the problems of drug abuse, alcoholism, tobacco smoking and HIV/AIDS is constantly disseminated by the staff of health-care and educational institutions and by internal affairs personnel.

523. Every year, at the end of June, a nationwide march is held under the slogan “Youth against drugs and AIDS”, with the aim of drawing public attention to the problems of drug abuse and AIDS.

524. To prevent illegal behaviour, drug abuse and alcoholism among young people, the foundation Kazakhstan Television and Radio Broadcasters’ Association has, with the support of the Ministry of Education and Science, produced and aired public-interest spots.

525. With technical support from the United Nations Office on Drugs and Crime (UNODC), the Ministry of Health’s National Scientific and Practical Centre for Medical and Social Problems of Drug Abuse is planning to carry out research in 2006 into drug use by students and young people in the cities of Astana and Almaty and in Qaraghandy, Qostanay, Pavlodar and South Kazakhstan provinces. This activity is being conducted as part of project No. ADRER/04/H36, entitled “Drug Demand Reduction and HIV/AIDS Prevention and Care Policy Advice to the Central Asian Governments”.

526. Health-care education and internal affairs bodies in the country’s regions have stepped up awareness and public information activities. Various messages aimed at preventing drug abuse and drug dealing among children and young people are shown in the press and on radio and television. For example the Zhas Kanat youth centre in Semipalatinsk, holds screenings for the city’s schools of the film “Learn to Say No”, at the Enlik-Kebek cinema. Drug awareness information is published in the provincial press, in newspapers such as in Rudny Altai and Didar, and is aired on television, on channels such as “Kalken” and “Channel 31”.

527. The public is regularly informed through the media about the need to observe drug laws and about measures taken by government bodies to combat drug abuse and the drug trade. Over 30 media outlets accredited by the Ministry of Internal Affairs provide such support. The departmental newspaper, Sakshy-Na strazhe (“Sakshy-On Guard”) and the national newspaper Zakon i pravosudie (“Law and Justice”) have special sections on drug prevention.

528. Among students, volunteer teams are being formed to promote healthy lifestyles, by providing young people with educational materials on the damage done by narcotic drugs and other psychotropic substances and the consequences of their use, and by organizing debates, meetings and round tables with representatives of health-care agencies.

529. University television stations carry public-interest spots on the harmfulness of drugs and the possible consequences of their use, and also screen video films and plays on drug abuse.

530. Social services operating under the State’s youth policy programme for 2005-2007 have established drug rehabilitation centres in Pavlodar and Temirtau. In October 2005, the Ministry of Education and Science, working with the Congress of Youth of Kazakhstan and the Kazakhstan Students’ Alliance, carried out a public awareness campaign with the theme “Parents beware: drugs!”. The participants included representatives of government bodies and international organizations working in drug prevention, NGOs and parents’ associations. A publicity spot produced by the Kazakhstan Students’ Alliance in August 2005 entitled “Say NO to drugs!” was shown.

531. A programme to combat drug abuse and the drug trade for 2006-2008 is currently being implemented. The programme was approved by Government decision No. 240 of 5 April 2006, and has a budget of 2,897,587,000 tenge. It includes measures to strengthen surveillance of minors and young people in places where they congregate and in leisure and recreational facilities with a view to preventing drug abuse.

532. Questions relating to the illegal use of narcotic drugs are covered in paragraphs 412-421 of the initial report on the implementation of the Convention, considered in 2003.

Children belonging to a minority
(art. 30)

533. The State assists the country’s minorities and ethnic groups, and carries out a policy to preserve and revive their cultures and national identities. The Assembly of the Peoples of Kazakhstan has a significant role to play in this.

534. Much attention is paid in Kazakhstan to providing a higher education to students from ethnic minorities.

535. In all, 23,989 members of ethnic minorities took part in merit testing this year, or 9.5 per cent of those tested, with 17,678 taking the single national examination (9.8 per cent of all candidates) and 6,302 taking the combined examinations (8.8 per cent of all candidates).

536. Based on the test results, government education grants and loans were given to 1,747 members of ethnic minorities, who accounted for 7.6 per cent of all beneficiaries. Of these, 983 received government education grants (representing 7.6 per cent of the total) and 764 received loans (7.5 per cent of the total).

537. Specifically, of the 4,302 Ukrainians taking part in the testing, 341 received grants or loans; of the 3,792 Germans, 228 received grants or loans; of the 3,023 Tatars, 319; of the 2,684 Uzbeks, 151; of the 2,215 Uigurs, 149; of the 1,807 Koreans, 209; of the 966 Azeris, 33; of the 894 Belarusians, 78; of the 556 Poles, 40; of the 391 Chechens, 15; of the 351 Turks, 9; of the 295 Dungans, 25; of the 231 Bashkirs, 20; of the 215 Ingush, 6; of the 204 Armenians, 8; of the 201 Kurds, 11; and of the 180 Greeks, 8.

538. Members of ethnic minorities study at the country’s institutes of higher education in the specialities and languages of their choosing. Many students attend Sunday schools run by ethnic cultural centres, including such schools as the Azeri Vatan, (“Homeland”), the Polish Polonia, the German Vozrozhdenie (“Revival”), and Chechen-Ingush, Tatar-Bashkir, Korean and Hebrew schools.

539. At the Abai Kazakh National Pedagogical University, for specialities 050119 “Foreign language: two foreign languages” and 050205, “Philology for supplemental teaching”, instruction is carried out in Uigur, Turkish, Azeri, Korean, Chinese and German, on an equal footing with Kazakh and Russian.

540. In November 2004, at Shakarim State University in Semipalatinsk, an international scientific and theoretical conference was held on the theme “Socio-economic development during consolidation of national statehood”.

541. To ensure harmonious inter-ethnic relations among children and the establishment of the conditions required for their creative development, every year from 10 to 24 July programmes are organized at the Baldauren National Education and Rehabilitation Centre for 150 children who are representatives in the Assembly of the Peoples of Kazakhstan. The programmes have titles such as “The world through children’s eyes”, “Kazakhstan, we are your children” and “Baldauren - house of friendship”.

542. Issues relating to article 30 of the Convention (Children belonging to a minority) are covered in paragraph 430 of the initial report on the implementation of the Convention, considered in 2003, and also in the section of the present report on non-discrimination.

-----

[*] In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services.

[**] This document contains the second and third periodic reports of Kazakhstan, due in 2006, submitted in one document. For the initial report please see document CRC/C/41/Add.13, summary records CRC/C/SR.885 and 886, and document CRC/C/15/Add.213.

GE.06-43961 (E) 120107 160107