KAZAKHSTAN: GENDER RIGHTS ADVANCE WITH PASSAGE OF TWO

UNCLAS SECTION 01 OF 02 ASTANA 002232

SENSITIVE
SIPDIS

STATE FOR SCA/CEN, S/GWI, DRL

E.O. 12958: N/A
TAGS: PREL PHUM PGOV SOCI KWMN KZ
SUBJECT: KAZAKHSTAN: GENDER RIGHTS ADVANCE WITH PASSAGE OF TWO
LAWS

REF: ASTANA 1810

ASTANA 00002232 001.3 OF 002



1. (U) Sensitive but unclassified. Not for public Internet.


2. (SBU) SUMMARY: President Nazarbayev signed into law legislation
on domestic violence and gender equality. The gender-equality law
introduces for the first time the legal concept of gender and
outlaws gender-based discrimination. The law on domestic violence
clarifies the roles of the government, law enforcement agencies, and
NGOs in assisting victims. It commits government funding for
NGO-run shelters, and introduces the concept of a restraining order.
Civil society activists believe the laws represent a good first
step in the fight against gender violence and discrimination. NGOs
plan to utilize the healthy dialogue between civil society and the
parliament to fight for further legislative improvements. END
SUMMARY.


3. (SBU) President Nazarbayev signed laws on domestic violence and
gender equality on December 5 and 10, respectively. Both pieces of
legislation were a high priority for equal-rights groups and NGOs
working with domestic-violence victims. Languishing in the
parliament since 2006, the laws received a new lease on life in
September when President Nazarbayev, speaking at the first session
of the Mazhilis (lower house),called on parliamentarians to pass
them before the end of the year.

GENDER-EQUALITY LAW


4. (SBU) The law on "Government Guarantees for Equal Rights and
Opportunities for Men and Women" defines for the first time the
terms "gender," "gender equality," "sexual discrimination," and
"equal opportunity." It outlaws discrimination based on gender.
However, the parliamentarians removed a clause that would have made
sexual harassment illegal. Under the new law, men and women must
have equal access to education, social benefits, and jobs in public
and private sectors, and employers must consider gender balance when
downsizing. The law does not establish quotas on gender
representation in the government or parliament. (NOTE: Currently,
17 women and 90 men serve in the lower house of the parliament. END
NOTE.) One female parliamentarian told us that opposition to
quotas, which existed in earlier versions, was one major reason the
law languished so long in parliament (reftel).

DOMESTIC VIOLENCE LAW


5. (SBU) The law on "Prevention of Domestic Violence" defines the
terms "domestic violence," "victim," and "prevention of domestic
violence." It identifies various types of domestic violence,
including physical, psychological, sexual, and economic. It also
delineates the roles of the national and local government, law
enforcement agencies, and NGOs in the prevention of and response to
domestic violence. Under the new law, NGOs are responsible for the
protection of and provision of initial physical and psychological
assistance to victims, while the government commits to support
shelters with budgetary funds. The legislation also introduces the
concept of a restraining order, which the police can issue without a
court order, for 24 hours to 10 days. The Procurator General's
Office can extend the order up to 30 days, and courts can establish
additional restrictions, including prohibitions on all contact with
the victim and transport of a weapon.

GOOD FIRST STEP


6. (SBU) In commemoration of the 16-Day Campaign to End Violence
Against Women, the DCM hosted a round-table on December 10 in Almaty
to gather NGO views on the new gender-violence law. According to
the participants, the law is a "good first step," but needs further
changes to be truly effective. Civil society activists told the DCM
that they actively contributed to working-group discussion of the
law and proposed numerous concrete provisions, many of which the
final draft did not incorporate. The president of the Union of
Crisis Centers' Zulfiya Baisakova and director of the "Podrugi"

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Crisis Center Nadezhda Gladyr pointed out that the victim, and not
the abuser, must leave the shared household under the new law.
Other participants noted that the law does not concretely spell out
the government-funding mechanism for NGO shelters. All agreed that
once this method is clarified, the law could have a real impact.
The NGO representatives called that parliamentarians "responsive" to
NGO recommendations and several promised to continue to fight for
amendments.


7. (SBU) In a separate discussion, equal-rights activists
celebrated the adoption of the gender law as a long-sought victory.
Although parliamentarians removed several significant provisions,
most notably quotas and the establishment of a separate government
agency to oversee gender issues, several activists praised the law
as a major step forward in addressing gender inequality. Yuriy
Zaitsev of the Almaty Feminist League noted that the law defined for
the first time gender-related legal terms. Meruert Kazbekova of the
Union of Women Entrepreneurs underlined that the law signified the
government's will to guarantee equality for men and women. Raushan
Sarsembayeva of Kazakhstan's Business Women's Association was
optimistic that the legislation will serve as a spring board for
further legislative reforms.


8. (SBU) COMMENT: Civil society activists agree that the two new
laws represent forward movement in the battle against gender
discrimination and domestic violence. Although the legislation is
not perfect, and numerous kinks will have to be worked out in
implementation, civil society leaders remain optimistic because of
the healthy dialogue with the parliament on gender issues they
established. This connection will play a key role in their push for
further legislative improvements. END COMMENT.

HOAGLAND