Contributed by: Alma Yesirkegenova, Kazakhstan National VAW Monitor

The most prominent example of activities of the female organizations resulted in legislative change through campaign 1999, which amended clauses about rape in the Criminal and Criminal-remedial codes.

In the interests of women, this can be considered an already classical example of lobbying in more detail.

In the beginning of 1999, the Feminist League has  received  a request  from a girl ,  who was raped but  the legal proceedings of her case were stopped for unclear reasons

As a result, it refused the case on the ground that it does not fall under the duties of the police.

With the help of a qualified lawyer on criminal cases, the League began to carry out a gender examination of the criminal legislation and has discovered that, since January 1, 1998, under new the Criminal and Criminal-remedial codes, almost all rape cases are affairs to  be considered under private prosecution

The victim should file the complaint herself in court, collect data on the tyrant, evidence (quite often evidence in such cases are found in the clothing of the victim and accused), locate witnesses, etc. Precisely the same order is stipulated on cases of slander, disclosure of medical secrets, and infringement of rules of traffic.

The state has actually refused to pursue tyrants, having shifted this duty onto the victims who are in a condition of the hardest stress and require help and support.

Upon a gender analysis of the Criminal and Criminal-remedial Code, the Feminist League suggested a discussion of the prepared materials on a monthly round table with the Association of the American lawyers.

At these Round tables, there are representatives of the majority of female organizations in Almaty.  Such discussions have taken place since the beginning of March 1999.

The arrangement of joint efforts of female organizations on elimination of this abnormal legislative situation and about preparing corresponding proposals to Parliament and the Government has been achieved.

Such offers were soon prepared by the Feminist League, have been signed by almost all female organizations of Almaty, and have also been directed to the President, the Government, to Mazhilis and the Senate.

Based on experience that the decision of any legislative question, initiated by NGOs, takes no less than three years, the female organizations within a year, mention this question at practically at any meeting with responsible representatives of authority.

The same legislative proposals have been handed personally to Minister Ajtkul Samakovoj (May 1999) and the Chairman of the Committee of the Senate of Legislative and Judicial-Legal Reform, Zinaida Fedotova (May 1999).

The female organizations, participating in the discussion of the National Plan of Action, have suggested to make a change to this Plan in the Criminal and Criminal-remedial Codes. The offer was accepted.

At the international conference " Problems of Protection of Women from Violence,” organized by the  National Commission and the British Council (June 1999),  almost all female organizations also have argued on the problem of responsibility under the Criminal code provision for rape.

This theme of connecting to the Association of the American lawyers was very successful.

The association on the channels has informed almost all international organizations and some embassies on developments in the situation. Those, in turn, began to ask inconvenient questions to the General Public Prosecutor and other officials of a high rank.

It is necessary to notice, that female organizations have agreed not to mention this to the press, being afraid that such information can provoke cases of violence.

A unique exception is the clause published in the bulletin of the Feminist League, “Equality of Opportunities.” The bulletin has a circulation of only 300 copies and is distributed only on the female organizations and among members of Parliament.

On May, 5, 2000, changes proposed by the female organizations to the Criminal and Criminal-remedial codes have been accepted (these have been published in “Kazakhstanskaja Pravda” on May, 12 2000).

Moreover, the measure of punishment for sexual crimes has simultaneously been toughened.

It is difficult for even the most influential female organization to change legislation discriminating women. But with the general, coordinated efforts of a women's movement, it is quite possible.

Source: Feminist League of Kazakhstan