BISHKEK (TCA) — Kyrgyzstan’s President Almazbek Atambayev took an important step toward curbing violence against women when he signed a new domestic violence law and accompanying legislation on April 27, Human Rights Watch said on May 10. The law, which replaces a 2003 version, includes measures to improve protections for victims of domestic abuse and strengthen police and judicial response.
The new Law on the Prevention and Protection against Family Violence requires police to register a domestic abuse complaint from anyone, not just the victim. The law recognizes not only physical and psychological abuse but also “economic violence,” which in Kyrgyzstan often takes the form of restricting access to and use of financial resources, property, or other assets. The accompanying Law on Amending Certain Legislative Acts of the Kyrgyz Republic on the Prevention and Protection changes elements of the Administrative Code and other relevant laws.
“By enacting this new law, the Kyrgyz government has shown a commitment to the rights of domestic abuse victims and is setting a standard that others in the region should follow,” said Hillary Margolis, women’s rights researcher at Human Rights Watch. “Now government agencies should demonstrate leadership by putting into practice, and enforcing, these new measures that can literally save women’s lives.”
Local organizations and women’s rights activists, who have been pushing for a revised law since 2009, were instrumental in drafting and advocating for the law’s passage. An important feature is that any victim of domestic violence, regardless of whether criminal proceedings are opened in their case, can avail of the provisions. These include key rights, such as access to safe shelter, and medical and mental health services.
Domestic violence is widespread in Kyrgyzstan, affecting nearly one third of women and girls ages 15 to 49. According to the most recent government data, for 2013, fewer than half of registered domestic violence complaints resulted in a court case. Of those that did, only 7 percent were referred to the courts as criminal offenses. The rest were treated as administrative offenses, which have lesser punishment. Of domestic violence cases that resulted in administrative penalties, 64 percent resulted in only small penalties for “minor hooliganism,” or disorderly conduct.
While some provisions of the new law will go into effect within 10 days of the law’s publication, others will not take effect until January 1, 2018, including the rights to social and psychological assistance and to free temporary accommodation in shelters.
“Kyrgyzstan’s government and civil society should be proud of this move to make women and girls safer in their own homes,” Margolis said. “But the new domestic violence law will only be meaningful if its promise is backed by action to make better protection for victims a reality.”
