Uzbekistan is the only state in Central Asian region, which doesn’t have a law on equal rights and opportunities for men and women. However, in late April the country submitted a draft law for public discussion. It has caused mixed reaction of people.
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The opponents of the law “On the guarantees of equal rights and opportunities” claim the country has already created conditions for gender equality, which are set forth in article 18 of the Constitution:
Discrimination against men?
Back in 1995, Uzbekistan joined the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The fifth article of the Convention emphasises the need to eliminate gender stereotypes:
“The law is totally anti-constitutional. It impairs the rights of men, sets quotas of opportunities for women in a range of spheres and social institutions. According to the constitution of Uzbekistan, we all have equal rights. <…> I am strongly against the quotas of transitory rights, which are not substantiated by obligations and abilities to exercise them, which are exercisable only by means of other social groups. This is called parasitism in nature and life.”
Tanzila Narbaeva, vice prime minister and chair of the Women’s Committee of Uzbekistan, has noted that negative comments are indicative of gender stereotypes available in the society:Now men prevail on the photos of governmental sessions in Uzbekistan. There are too few women in the government of the country. The similar situation is in economy, science, information technologies, etc.
Even photos show no women, which creates particular stereotypes of “men’s” and “women’s” spheres of activity. The draft law specifies that “behaviour based on customs, traditions and culture that contradicts legislative requirements of the Republic of Uzbekistan and international rules is not allowed.” Specific measures mean to change traditional concepts of the role of women in the society. They create new role models, encourage girls and women to take an active part in socio-political life, and change gender stereotypes.The implementation of this Law
According to vice prime minister Tanzila Narbaeva, the draft law should be elaborated within two months, i.e. by the middle of May. Thereafter, it will be agreed with all concerned ministries and agencies and introduced to the government, and then to the legislative house of Oliy Majlis. And then amendments and modifications will be made to a series of statutes and regulations.
“However, these amendments and legal acts to be amended will be specified once the final draft law is ready. It’s clear that administrative and criminal liability will be specified [for violations]. This will be taken into account when amending and modifying other statutes and regulations,” Narbaeva said.
Amendments and modifications are essential for the implementation of the law. For example, the Administrative Responsibility Code of the Republic of Uzbekistan in force contains no article regulating the refusal to hire on the basis of an applicant’s gender. Special attention must be paid to the introduction of article 28 “Promoting equal rights and opportunities for men and women in family relations,” particularly, household labour:Experience of Kazakhstan
The law on state guarantees of equal rights and equal opportunities for men and women was adopted in 2009 by Kazakhstan. Three years later, the president of the country, Nursultan Nazarbayev, in his address to the people said,
“We must restore the unconditional respect to women – mothers, wives, daughters. <…> I am concerned about the situation of increasing domestic violence against women and children in families. There must be no disrespect to women.” Back then he instructed “not to allow gender discrimination in the country and ensure gender equality and equal opportunities to women along with men in practice.” However, the situation didn’t change afterwards. In 2012, Kazakhstan recorded 108,752 cases of violence against women, and 1,905 women suffered from sexual crimes. In 2016, 124,298 crimes of violence and 2,672 sexual crimes were reported. According to Dina Smailova, director of NeMolchikz non-governmental foundation, the level of violence against women has increased, also due to the adoption of the law on decriminalisation of domestic crimes, “The law discriminates against women’s rights in personal crimes of average gravity, when the violator still has a right to come to agreement. 99 per cent of all rapes in Kazakhstan are committed by men, which means that the overwhelming majority have a right to rape and batter and then to compensate for the same. This is a clear discrimination that depreciates women’s rights and dignity.” Moreover, decision-makers who shape the living environment in Kazakhstan are all men. There are too few women there:- Gulshara Abdykalikova became deputy prime minister in February 2019.
- There’s only one female minister, Kuliash Shamshidinova, a minister of education and science.
- The Majilis, according to the mid 2018 data, had 26 women out of 107 deputies, and the senate had 5 women out of 47 deputies.
- There is no female executive in the region or in a town.
According to Smailova, the gender evaluation of the constitutional, labour, housing, social, criminal, criminal procedure codes and their enforcement demonstrate the prevalence of violations of the equality principle between genders both in laws and in their enforcement in Kazakhstan,
What to do next?
According to Dina Smailova, women should be more active, they should take part in law-making projects, participate in political groups, gender evaluation of laws and regulations and their amendments are needed in order to change public opinion.
Tanzila Narbaeva is sure the law will become an effective tool to reach gender equality if it is implemented in practice, “That’s why it’s important, first of all, to specify the purposes and tasks of the law, to use precise wording that won’t be ambiguous. Second, the statutory provisions should have direct force. Third, outreach activities should be held among people in order to avoid any strained interpretation of the law and improper use of it in practice.” According to Narbaeva, if women hold 10 per cent in the parliament, laws on protection of children, the elderly and other vulnerable population are being adopted easier. If they hold 20-30 per cent, projects and programmes designed to solve social issues, to promote health of the nation, to overcome poverty are being implemented faster. According to her, the improved level of education of women and their possible participation in the government of the state will create necessary conditions for development of the society and economic health of the country. Main photo: ca-portal.ruThis article was prepared as part of the Giving Voice, Driving Change – from the Borderland to the Steppes Project implemented with the financial support of the Foreign Ministry of Norway. The opinions expressed in the article do not reflect the position of the editorial or donor.