Population of women: 8,014,000/15,403,000 Life expectancy of women (at birth): 71.9 yrs School life expectancy for women: 12 yrs
Adult illiteracy for women: 0.9% Unemployment of women: 11.2% Adult economic activity rate: 62%
last updated July 15, 2004
The Advocates for Human Rights is in the process of updating this page. Revisions and additions are forthcoming. Please check back frequently for updates.
The Constitution of the Republic of Kazakhstan provides for equality before the law and courts and prohibits discrimination based on several grounds, including sex (Article 14). The U.S. Department of State noted that while the Criminal and Labor Codes prohibit some forms of sexual harassment, many gender experts find the laws to be insufficient for addressing the problem. In fact, prosecutors, law enforcement and victims were generally unaware of sexual harassment problems, and there were no reported prosecutions.
According to Women 2000 - An Investigation into the Status of Women's Rights in Central and South-Eastern Europe and the Newly Independent States (Women 2000), Kazakhstan delayed accession to many of the formerly ratified treaties following the breakup of the U.S.S.R in 1991. It was not until 1998 that Kazakhstan began acceding to various treaties. Nevertheless, in 1998 and 1999, Kazakhstan adopted discriminatory labor laws that worsened the situation for women. In fact, the International Helsinki Federation compared the new Central Asian States' laws and identified Kazakhstan's labor laws to be the most regressive for gender equality. The Criminal Code had specifically protected gender equality and criminalized the use of violence, threats, economic or other dependence to discriminate against women's participation in public, social and cultural activities. However, in 1998, the Criminal Code was amended and now prohibits the violation of a citizen's right to equality by a fine or imprisonment up to one year (Article 141). The Kazakh government is currently drafting a law on equal opportunities, which addresses equality in employment, education and political representation.
In its 2003 Country Human Rights Report, the U.S. Department of State cited a Ministry of Interior study that found fifty-two percent of women had reported domestic abuse, but only thirty percent of these cases were prosecuted. This reflects the general reluctance of police to intervene in domestic violence cases, unless they find the situation to be life threatening. There are no laws specifically criminalizing domestic violence, and it must be prosecuted under assault and battery provisions of the criminal code. When domestic violence cases do proceed to trial, the perpetrators are often charged with light beating and either fined or imprisoned for three months. The maximum punishment, however, is ten years in prison. The U.N. Development Programme noted that Kazakhstan had begun drafting a law on domestic violence, which outlines means of protection and prevention of domestic abuse.
The Special Rapporteur on Violence against Women noted in her 2003 report that there were 948 rapes and 138 attempted rapes reported in 2001. Rape is defined in Kazakh laws as sexual intercourse with a female, by physical violence, threats or exploiting the helplessness of the victim. While there is no law that specifically addresses marital rape, it could fall within the scope of this provision. Article 120 of the Criminal Code states that rape is punishable by three to five years' imprisonment. Imprisonment increases incrementally up to fifteen years under aggravating circumstances, such as rape of a juvenile, gang rape, or if the rape results in bodily injuries, venereal disease or victim's suicide. Unless the victim files a complaint or aggravating circumstances exist, prosecutors are unable to initiate rape cases. The U.S. Department of State mentioned that some prosecutors misunderstood this requirement to also mean that rape victims must pay for forensic testing and the costs of prosecution. The International Helsinki Federation stated that until recently, the burden of collecting and submitting evidence had rested on the victim. However, after 12 May 2000, legal reforms now authorize the Ministry of Interior to gather evidence for the victim as part of an investigation. Unless the victim provides a written complaint, the police are unable to detain a suspect for more than 72 hours.
Kazakhstan is a source, transit and destination country for victims of trafficking. According to the Special Rapporteur on Violence against Women's report, victims were trafficked from Kyrgyzstan, Tajikistan and Uzbekistan to the United Arab Emirates, South Korea, Israel, Albania and Western Europe. The U.S. Department of State noted that the Kazakh government provided no assistance to returned trafficking victims, and NGOs operated crisis centers to support victims. Furthermore, trafficking victims from other countries entering Kazakhstan illegally were often fined and deported.
Several provisions in the Criminal Code address components of trafficking. According to the U.S. Department of State, Kazakh law criminalizes the recruitment of persons for sexual or other exploitation by up to eight years in prison (Article 128); facilitating illicit migration (Article 330); operating a tourist agency for purposes of illegal migration (Article 330); the sale of children (Article 133); the illegal involvement in prostitution by up to three years imprisonment (Article 270); prostitution in connection with organized crime by up to five years' imprisonment (Article 271); and kidnapping (Article 125). According to Legislationline, the Kazakh President signed the bill to combat trafficking in persons on 10 July 2003. The purpose of the new law is to specify that the law applies to trafficking for purposes of sexual exploitation, as well as to increase the sentences. Prosecutions using trafficking provisions were rare, but the U.S. Department of State noted that the Kazakh government had formally charged individuals in six cases using Article 128. In August 2003, the Minister of Justice was appinted to coordinate initiatives to counter trafficking and to head an anti-trafficking commission composed of government officials.
Compiled from:
Women 2000 - An Investigation into the Status of Women's Rights in Central and South-Eastern Europe and the Newly Independent States, International Helsinki Federation for Human Rights, 5 November 2000. (PDF, 15 pages).
Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 2002/52, 27 February 2003. (PDF, 435 pages).
2003 Country Reports on Human Rights Practices: Kazakhstan, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 25 February 2004.